Reported abuse 4 days late

  1. What happens if a mandated reported (lvn) reports suspected abuse 4 days late?
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    About Flowerpower15

    Joined: May '18; Posts: 1
    from CA , US

    6 Comments

  3. by   CoffeeRTC
    All depends. I'm sure it the abuse report will be investigated and they will also look at the reporting of it. Why did it take so long? Was the LPN educated on how to report and the regulations on reporting? Was the claim substatiated?
  4. by   Nascar nurse
    In the LTC highly regulated world - ugh, this could potentially go south very quickly. Why? Bottom line, a surveyor (or attorney) could easily cite that no one was protecting that resident from further abuse during those 4 days the event went unreported. This will be especially bad if the original event was substantiated. In my state, a surveyor would quickly turn this into an immediate jeopardy situation.
  5. by   BBP42
    In my state mandated reporters must report suspected elderly abuse to the state within 5 days. I'm sure this varies from state to state. If your state's requirements were met there may not be repercussions on the LVN's license. I agree that the outcome when survey happens might be a serious tag.
  6. by   kbrn2002
    That depends a lot on the setting. Where you work and what you state you live in. Reporting requirements are always stringent and time sensitive in LTC settings though. Exactly how long you have before suspected abuse needs to be reported depends on your state's regulations.
  7. by   Nascar nurse
    Quote from kbrn2002
    That depends a lot on the setting. Where you work and what you state you live in. Reporting requirements are always stringent and time sensitive in LTC settings though. Exactly how long you have before suspected abuse needs to be reported depends on your state's regulations.
    Going with the assumption that we are talking about LTC since this is the LTC forum this is the federal regulation regarding abuse. The individual state regulations (for any regulation) only matter if they are more strict than the federal regulation. This is very clear that the facility has an obligation to protect residents from abuse and a 4 day lag time would not be seen as protecting anyone from further abuse.

    §483.12
    The resident has the right to be free from abuse, neglect, misappropriation of resident
    property, and exploitation as defined in this subpart. This includes but is not limited to
    freedom from corporal punishment, involuntary seclusion and any physical or
    chemical restraint not required to treat the resident's medical symptoms.
  8. by   mander
    We have 2 hours to begin an investigation of abuse. We would right that person up for taking so long to report.
  9. by   kbrn2002
    Quote from Nascar nurse
    Going with the assumption that we are talking about LTC since this is the LTC forum this is the federal regulation regarding abuse. The individual state regulations (for any regulation) only matter if they are more strict than the federal regulation. This is very clear that the facility has an obligation to protect residents from abuse and a 4 day lag time would not be seen as protecting anyone from further abuse.

    §483.12
    The resident has the right to be free from abuse, neglect, misappropriation of resident
    property, and exploitation as defined in this subpart. This includes but is not limited to
    freedom from corporal punishment, involuntary seclusion and any physical or
    chemical restraint not required to treat the resident's medical symptoms.
    Sorry, I didn't even notice it was already in the LTC forum. You are exactly right on federal requirements . LTC is very regulated both federally and at the state level. In WI I believe we have to initiate investigation within 8 hours and report any suspected abuse within 24 hrs. With a 4 day lag it doesn't much matter what state OP is in, they can and should expect an investigatory visit from the state surveyors.

    Depending on who it was that failed to report the abuse I would expect termination to be on the table. If it was a nurse that failed to report the facility will want to show corrective action has been taken and termination is the easiest way to show that. If on the other hand the person responsible for failing to report the suspected abuse in a timely manner was a member of the management team, who knows how the facility will proceed. I mention this because in LTC it is not at all impossible that the LVN that failed to report is not management.
  10. by   kbrn2002
    double post
    Quote from Nascar nurse
    Going with the assumption that we are talking about LTC since this is the LTC forum this is the federal regulation regarding abuse. The individual state regulations (for any regulation) only matter if they are more strict than the federal regulation. This is very clear that the facility has an obligation to protect residents from abuse and a 4 day lag time would not be seen as protecting anyone from further abuse.

    §483.12
    The resident has the right to be free from abuse, neglect, misappropriation of resident
    property, and exploitation as defined in this subpart. This includes but is not limited to
    freedom from corporal punishment, involuntary seclusion and any physical or
    chemical restraint not required to treat the resident's medical symptoms.
    Sorry, I didn't even notice it was already in the LTC forum. You are exactly right on federal requirements . LTC is very regulated both federally and at the state level. In WI I believe we have to initiate investigation within 8 hours and report any suspected abuse within 24 hrs. With a 4 day lag it doesn't much matter what state OP is in, they can and should expect an investigatory visit from the state surveyors.

    Depending on who it was that failed to report the abuse I would expect termination to be on the table. If it was a nurse that failed to report the facility will want to show corrective action has been taken and termination is the easiest way to show that. If on the other hand the person responsible for failing to report the suspected abuse in a timely manner was a member of the management team, who knows how the facility will proceed. I mention this because in LTC it is not at all impossible that the LVN that failed to report is not management.


    ETA: There is something funky with AN today, I've been getting a website failure message when posting and this time it just double posted for me when I refreshed the page. Sorry about that.
    Last edit by kbrn2002 on May 24 : Reason: double post

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