Failure to Report Allegations of Abuse and Neglect Timely
Summary
The facility failed to report alleged abuse and neglect immediately, and not later than 2 hours after the allegation was made, to the administrator and to the State Survey Agency for two incidents. The deficiency involved one resident who was alert and cooperative, had diagnoses including weakness and diabetes mellitus with diabetic neuropathy, and whose care plan required 2 staff and a hoyer lift for transfers. During a screening interview, the resident stated staff left her in her wheelchair for long periods, including one time for 12 hours, even when she asked to be put in bed, and said she had reported these events to staff without anything happening. For the first incident, a grievance form documented that the resident was still in her wheelchair at midnight, needed her colostomy bag changed because it was leaking, and was believed to have been left by the assigned PM aide/activity director/CNA. The resident’s nurse note stated she was found awake in her wheelchair during midnight rounds, was tearful and upset, said evening staff left her alone in her wheelchair since supper, and requested a report be filed. The DON stated she was called around 12:30 AM and later spoke with the resident and some staff, but did not document interviews, did not interview other residents, did not interview all staff on duty, and did not report the allegation to the State Survey Agency. The LPN stated the concern that a staff member did not provide care and left the resident without a call light for 6 hours could be an allegation of neglect and that she told CNA O to call the DON right away. CNA O stated she found the resident crying, incontinent, with soaked clothing, an exploded colostomy bag on her clothing, and no call light within reach, and that she reported the allegation of neglect to the LPN and DON right away. For the second incident, a resident with PTSD, borderline personality disorder, chronic kidney disease stage 5, dependence on dialysis, and a BIMS score of 14/15 submitted a grievance describing that staff tried to shove her into a medical van for dialysis, causing increased pain and preventing her from going to dialysis that day. The resident told the surveyor that three staff were trying to shove her into the van and that their actions caused increased pain. The DON stated she became aware of the grievance the afternoon it was received, acknowledged that the resident’s report could be considered an allegation of abuse, and confirmed it was not reported to the State Survey Agency. The NHA later stated the allegation should have been reported to the State Survey Agency and that since becoming aware, the facility had submitted the allegation.
Penalty
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