F0609

D

Failure to Timely Report Allegation of Sexual Abuse to State Agency

Fountain Hills, Arizona Survey Completed on 02-18-2026

Penalty

No penalty information released

Summary

The facility failed to immediately report an allegation of sexual abuse to the administrator and the appropriate state agency within the required two-hour timeframe for abuse or serious bodily injury. The resident involved had diagnoses including metabolic encephalopathy, traumatic brain injury history, depression, anxiety disorder, and muscle weakness, and was documented as cognitively intact with a BIMS score of 15 on the most recent MDS. Nursing notes showed that the resident experienced altered mental status, slurred speech, and left-sided weakness and was transferred to the hospital. While hospitalized, the resident reported that during the night and early morning hours before transfer, an unknown male staff member had inappropriately touched her breasts and genitals.

The resident stated she reported the incident to a sheriff's deputy after leaving the facility and being admitted to the hospital. The deputy later came to the facility, informed staff that the resident had alleged sexual assault by a tall Hispanic male on the night of her fall, and indicated that no further action was required due to the resident's altered mental status and inconsistencies in her account. Facility leadership, including the administrator/abuse coordinator and the DON, acknowledged awareness of concerns expressed by the resident after discharge and that law enforcement had contacted the facility. The administrator/abuse coordinator stated that regulations require reporting alleged abuse to the State Agency within two hours and recognized the risk of not reporting, while facility policy required allegations of abuse to be reported to appropriate state or federal agencies within required timeframes. Despite this, the allegation was not reported to the state agency as required.