Failure to Timely Report Alleged Staff-to-Resident Sexual Abuse
Penalty
Summary
The facility failed to timely report an allegation of staff-to-resident sexual abuse to the Ohio Department of Health (ODH) within required federal timeframes. A resident admitted with COPD, vascular dementia with behavioral disturbance, and major depressive disorder, who had intact cognition per a recent MDS and was dependent on staff for bathing, was the subject of the allegation. The facility’s Self-Reported Investigation (SRI) for this resident showed the allegation was discovered on 02/01/26, but the SRI was not created until 02/02/26 at 12:06 p.m. The DON confirmed that the facility received notification of the alleged staff-to-resident sexual abuse on 02/01/26 at 11:00 a.m. and did not report the incident to the state agency until more than 24 hours later, despite a facility policy requiring allegations to be reported within federal timeframes. This deficiency was identified through medical record review, review of the facility’s SRI, staff interview with the DON, and review of the facility’s Abuse, Neglect, Exploitation, and Misappropriation Prevention Program policy dated April 2021, which states that any allegations must be reported within timeframes required by federal requirements.
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