Failure to Report Allegation of Verbal Abuse to State Agency
Penalty
Summary
The facility failed to report an allegation of verbal abuse to the State Agency as required by its policy and applicable regulations. The facility’s policy, revised 09/13/2022, required reporting to the State Agency of any reasonable suspicion of a crime against an individual residing in or receiving care from the facility, as well as alleged violations involving abuse, neglect, exploitation, or mistreatment within required timeframes. Resident 5, who had diagnoses including kidney and urinary disorders, hypertension, and bipolar II disorder, required set up/clean up assistance for ADLs and had intact cognition per a comprehensive assessment. During an interview, the resident reported attempting to advocate for themself but encountering resistance from a staff member, and described a nurse who made inappropriate remarks and refused to leave the room when the resident wanted to speak with a different nurse. Staff interviews and record review showed that this allegation of verbal abuse was not reported to the State Agency. A RN (Staff F) stated they wrote a witness statement about the verbal abuse incident between Resident 5 and another RN (Staff G) and immediately informed the DON (Staff B), but did not report the incident to the State Agency despite being a mandated reporter. The DON (Staff B) confirmed being notified of the incident on the day it occurred and acknowledged it should have been reported within two hours, and that Staff F also should have reported it. The Administrator (Staff A) identified the incident as verbal abuse and stated that Staff F, Staff B, and Staff A all should have reported the incident to the State Agency Hotline. The failure of these staff members to report the allegation as required constituted the deficiency.
