Reporting requirements for abuse, neglect, and exploitation allegations | AZ

Reporting requirements for abuse, neglect, and exploitation allegations

Reporting requirements for abuse, neglect, and exploitation allegations

One of the top reasons why seniors move into assisted living facilities is the comfort of safety and peace of mind. Unfortunately, there are times when a resident is placed in a situation where that safety is taken away in the form of abuse or neglect. Although facilities do their best to vet employees and ensure they are hiring people they can entrust with the care of their residents there are ultimately times when a less than respectable person slips through the cracks. If a resident in your facility is expected to have been a victim of abuse, neglect or exploitation you must adhere to the following regulation provided by the Arizona Bureau of Residential Facilities Licensing:

Abuse, Neglect, and Exploitation

  1. If abuse, neglect, or exploitation of a resident is alleged or suspected to have occurred before the resident was accepted or while the resident is not on the premises and not receiving services from an assisted living facility’s manager, caregiver, or assistant caregiver, the manager shall report the alleged or suspected abuse, neglect, or exploitation of the resident according to A.R.S. § 46-454.
  2. If a manager has a reasonable basis, according to A.R.S. § 46-454, to believe abuse, neglect or exploitation has occurred on the premises or while a resident is receiving services from an assisted living facility’s manager, caregiver, or assistant caregiver, the manager shall:
  3. If applicable, take immediate action to stop the suspected abuse, neglect, or exploitation;
  4. Report the suspected abuse, neglect, or exploitation of the resident according to A.R.S. § 46-454;
  5. Document:
  6. The suspected abuse, neglect, or exploitation;
  7. Any action is taken according to subsection (J)(1); and
  8. The report in subsection (J)(2);
  9. Maintain the documentation in subsection (J)(3) for at least 12 months after the date of the report in subsection(J)(2);
  10. Initiate an investigation of the suspected abuse, neglect, or exploitation and document the following information within five working days after the report required in subsection (J)(2): This document contains an unofficial version of the new rules in 9 A.A.C. 10, Article 1, effective November 5, 2019. 8
  11. The dates, times, and description of the suspected abuse, neglect, or exploitation;
  12. A description of any injury to the resident related to the suspected abuse or neglect and any change to the resident’s physical, cognitive, functional, or emotional condition;
  13. The names of witnesses to the suspected abuse, neglect, or exploitation; and
  14. The actions were taken by the manager to prevent the suspected abuse, neglect, or exploitation from occurring in the future; and
  15. Maintain a copy of the documented information required in subsection (J)(5) for at least 12 months after the date the investigation was initiated.

Main Takeaways:

  • If a manager has a reasonable basis, according to A.R.S. § 46-454, to believe abuse, neglect or exploitation has occurred on the premises or while a resident is receiving services from an assisted living facility’s manager, caregiver, or assistant caregiver, the manager shall:
  1. If applicable, take immediate action to stop the suspected abuse, neglect, or exploitation;
  2. Report the suspected abuse, neglect, or exploitation of the resident according to A.R.S. § 46-454;
  3. Document:
  4. The suspected abuse, neglect, or exploitation;
  5. Any action is taken according to subsection (J)(1); and
  6. The report in subsection (J)(2);

If a manager has any suspicion that abuse, neglect, or exploitation has occurred in the facility these steps must be followed. Taking these allegations and suspicions serious is the first step towards removing any instances of abuse in your community.

Pro Tip:

If a resident has reported an abuse allegation you must take it seriously! Immediately contact the staff member in question of abuse and interview them regarding their side of the situation. I also highly suggest suspending this employee pending investigation in order to remove them from the situation while you gather facts and continue the reporting process.