Failure to Timely Report Alleged Sexual Abuse to Required Authorities
Penalty
Summary
The facility failed to ensure timely reporting of an alleged abuse incident in accordance with its Abuse Prevention policy and regulatory requirements. The policy, dated 01/05/2026, required that allegations of abuse be reported immediately to the Administrator and no later than two hours to other officials, including the State Survey Agency. On 02/08/2026 at approximately 10:30 PM, a CNA informed an RN Supervisor that they had entered a resident's room and observed another CNA on their knees, in the dark, inappropriately touching the resident's private organ. The resident involved had diagnoses including cerebral palsy, aphasia, and seizure disorder, and an MDS dated 11/27/2025 documented short- and long-term memory problems. According to the facility’s investigation summary dated 02/12/2026, the Administrator was not informed of the allegation until 02/10/2026 at approximately 11:00 AM, and the incident was reported to the New York State Department of Health at 1:20 PM and to local law enforcement at 1:24 PM on the same day. During interview, the DON stated that on 02/08/2026 at around 11:00 PM, the RN Supervisor informed them of the alleged sexual abuse and that the alleged perpetrating CNA was removed from the unit, but the DON did not notify the Administrator at that time because they believed the event was not credible, citing lack of other witnesses and concerns about the reporting CNA’s credibility. The Administrator later confirmed in interview that they first learned of the allegation on 02/10/2026 around 11:00 AM and acknowledged that they and the DON were responsible for reporting the allegation to police and the Department of Health within two hours after the allegation was made.
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