Failure to Timely Report Allegation of Staff-to-Resident Sexual Abuse
Penalty
Summary
The facility failed to implement its policies and procedures for reporting a reasonable suspicion of a crime under Section 1150B of the Act by not reporting an allegation of staff-to-resident sexual abuse within the required two-hour timeframe to CDPH, local law enforcement, or the Ombudsman. Law enforcement officers arrived at the facility and informed nursing staff that a resident had reported an incident in which a male CNA allegedly entered the shared room and inappropriately touched the roommate two days earlier. The roommate, identified as Resident 2, had intact cognition per a recent MDS and was dependent on staff for toileting, bathing, dressing, personal hygiene, and mobility. A head-to-toe assessment of Resident 2 by nursing staff revealed no injuries, bruising, redness, or other abnormal findings, and Resident 2 denied the allegation and any pain, discomfort, or concerns. Resident 1, who made the report to law enforcement, also had intact cognition and was similarly dependent on staff for toileting, bathing, dressing, personal hygiene, and mobility, according to their MDS and admission records. After law enforcement notified facility staff of Resident 1’s report of sexual abuse toward Resident 2, the RN notified the Administrator by phone the same evening. The Administrator acknowledged that the allegation of sexual abuse was not reported to CDPH, law enforcement, or the Ombudsman because Resident 2 denied the allegation and reported no injury or discomfort, and because the LVN caring for both residents over the following three days had not received any related concerns. This inaction conflicted with the facility’s abuse prevention policy, which requires all allegations of abuse, neglect, misappropriation of resident property, or exploitation to be reported immediately to the Administrator and to appropriate state or federal agencies within applicable regulatory timeframes.
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.