Failure to Timely Report Allegation of Verbal Abuse
Penalty
Summary
The facility failed to report an allegation of verbal abuse within the required 2-hour timeframe following an altercation between a resident and an LPN. Facility policy on Abuse, Neglect, and Exploitation requires that all suspected abuse, neglect, or exploitation be reported immediately to the Administrator, state agency, adult protective services, and other required agencies within specified time frames. The resident involved had diagnoses including anxiety, major depressive disorder, schizophrenia, and tremors, and a recent MDS showed a BIMS score of 15/15, indicating intact cognition. The incident occurred when the nurse brought medication to the resident, who was not ready to take it and requested that the medication be left in the room. The nurse refused to leave the medication and attempted to retrieve the medication cup, holding the resident’s arm while trying to take the cup from the resident’s other hand. A CNA, who was in an adjoining restroom, overheard the altercation and reported hearing “bad words” directed at the resident. The CNA intervened by asking the nurse to leave the resident alone so the resident could calm down and then reported the altercation to the Unit Manager at that time. Despite this report, the charge nurse did not notify facility leadership the night the incident occurred, and the nurse was not immediately removed from duty. The Administrator later stated that the charge nurse did not inform them when it happened, and the DON confirmed that the nurse admitted to calling the resident a derogatory name. The resident reported the incident after returning from the hospital, rather than at the time it occurred, and the required external reporting within 2 hours of the allegation did not occur as mandated by facility policy.
