A former director of an assisted living facility located in California has been charged with being mandated to report elder abuse and failing to do so. It is alleged that on October 15, 2020, a caregiver committed sexual assaults against residents of the assisted living facility, and the then-director failed to report the abuse.
Under the law, a mandated reporter is any person who has assumed care or custody of an elder or dependent adult, regardless of whether they receive compensation. Elder or dependent adult care custodians, health practitioners, clergy members, employees of Adult Protective Services, law enforcement, and all officers and employees of financial institutions are mandated to report elder abuse. Mandated reporters must make a report when, in the scope of their employment, there is knowledge or observation of abuse or neglect of an elder or dependent adult, or the mandated reporter reasonably suspects abuse or neglect occurred or is occurring. Mandated reporters must make the report as soon as possible to Adult Protective Services, but no later than two working days.
On May 26, 2021, the director appeared in court and pled not guilty. The case was continued for jury trial on June 25, 2021. No further details of the assaults or the director’s knowledge of them are available. The director remains out of custody pending the trial.
Failure to report abuse or neglect can result in civil and criminal penalties.
Compliance Perspective
Issue
Elder abuse and neglect can occur in a multitude of ways. It is critical that all leaders of a nursing facility can recognize elder abuse, neglect, and exploitation and know the steps that should be taken when mistreatment is suspected. If elder abuse is not reported in an appropriate time frame, it can be seen as immediate jeopardy with harm, and be considered provision of substandard quality of care, resulting in sanctions and civil or criminal charges.
Discussion Points
- Review your policies and procedures on elder abuse, neglect, and exploitation and the reporting of abuse. Update as necessary.
- Train all staff on what is considered elder abuse and neglect, and the steps that should be taken when it is suspected. Offer the training during new employee orientation, repeat at least annually, and more often if needed. Document that the training occurred, and record in each employee’s education file.
- Periodically audit staff understanding to ensure that they are aware of the steps that should be taken if they suspect elder abuse, neglect, or exploitation, and their reporting options, including accessing the anonymous hotline if necessary. Additional information is available in the Med-Net Corporate Compliance and Ethics Manual, Chapter 7 Resident Rights, Policy RR 1.1 Freedom from Abuse, Neglect, and Exploitation.
FOR MORE INFORMATION ON THIS TOPIC VIEW: FREEDOM FROM ABUSE, NEGLECT, AND EXPLOITATION.
