Failure to Timely Report Allegation of Sexual Abuse to Required Authorities
Penalty
Summary
The deficiency involves the facility’s failure to immediately report an allegation of abuse to the Administrator and to required external authorities, including the State Survey Agency, as required by regulation and facility policy. A female resident with diagnoses including pneumonia, UTI, and dementia with moderate cognitive impairment (BIMS score 12/15) reported to therapy staff that she had been touched in a sexual manner. Her care plan, initiated and revised in early February, documented behavior problems related to delusions and statements that someone had been in her room touching her inappropriately, and included interventions such as use of two caregivers, female caregivers only, and anticipating and meeting her needs. On the day of the allegation, therapy staff informed the DON that the resident had stated she had been touched in a sexual manner. The DON interviewed the resident, who responded vaguely to questions about when and where she had been touched, saying "here and there," and refused to identify who had done it, stating she was not going to tell. Despite this, the DON did not report the allegation to the Administrator on the day it was received. The Administrator was not informed until the following day during the morning meeting, which was more than two hours after the allegation was made. The Administrator acknowledged that the allegation had been reported to the DON on one day and that she herself was not notified until the next day. She further stated that, after consultation with corporate staff, it was determined the allegation was not reportable and it was not reported to HHSC, despite the facility’s written policy requiring that all suspected abuse be reported immediately (defined as within two hours for allegations involving abuse) to the Administrator and to state agencies according to HHSC reporting guidelines. The facility’s failure to report the resident’s allegation of sexual misconduct by a CNA to HHSC constituted noncompliance with both regulatory requirements and the facility’s own ANE reporting policy.
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