Failure to Report Allegation of Staff-Resident Abuse to State Agency
Penalty
Summary
The deficiency involves the facility’s failure to report an allegation of abuse to the state agency as required by policy and regulation. An anonymous report to the Indiana Department of Health alleged that a staff member was having an affair with a resident and that facility management failed to act on the allegation. During an interview, the Administrator stated that while a CNA was assisting a resident with a shower, the resident disclosed that she and a housekeeper had kissed. The CNA reported this allegation to management. Written statements from the CNA indicated the resident reported that when she was sad, the housekeeper asked what he could do to make her feel better, she requested a kiss, and he kissed her on the lips three times. The CNA documented that the resident asked her not to tell anyone because she did not want to get anyone in trouble. A typed statement indicated that the Infection Prevention Nurse and Business Office Manager were informed that the housekeeper had been in the resident’s room and kissed the resident, and that the resident stated the kiss was wanted and she did not want the housekeeper to get into trouble. The statement also documented that the interaction had been occurring for about a week and that the resident and housekeeper had been messaging each other through a social media platform. The Administrator reported that the housekeeper denied kissing the resident but admitted to messaging the resident on social media. The Administrator further indicated that, after the resident initially confirmed the kissing, she later recanted and said she made up the story to get closer to the housekeeper. Based on the resident’s later recantation, the Administrator decided not to report the allegation to the state agency, despite the facility’s abuse policy requiring that alleged violations of abuse be reported immediately to the Administrator or designee and, when required by law or regulation, to the Department of Health.
We Help Long-Term Care Teams Stay Survey-Ready
We process and analyze inspection reports and plan of correction using AI to extract insights and trends so providers can improve care quality and stay ahead of compliance risks.