Responding to abuse, neglect, and exploitation
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 DC Community Residence Facilities Branch, Child and Residential Care Facilities Division, Health Regulation Administration (CRF/CRCFD/HRA):
10125 REPORTING COMPLAINTS TO THE DIRECTOR; REPORTING ABUSE, NEGLECT, EXPLOITATION, AND UNUSUAL INCIDENTS
10125.1 Notwithstanding a resident’s right to address grievances and complaints to representatives of the Office of the Long-Term Care Ombudsman provided by § 505(a)(5) of the Act (D.C. Official Code § 44-105.05(a)(5)), the Director may receive any complaint alleging violations of the Act and this chapter from any person and may conduct an inspection to determine the validity of the complaint pursuant to § 10107.3 of this chapter.
10125.2 An ALR shall immediately notify the Department of Health, the District’s Adult Protective Services program, and the District of Columbia Long-Term Care Ombudsman of all suspected or alleged incidents of abuse, neglect, or exploitation. The Department of Health shall be notified by phone immediately, and the ALR shall follow up by written notification to the Department within twenty-four (24) hours or the next business day.
10125.3 The results of an ALR’s investigation into allegations of abuse, neglect, or exploitation of a resident pursuant to § 509(b)(3) of the Act (D.C. Official Code 44-105.09(b)(3)) shall be reported to the Director within thirty (30) days of the complaint or fifteen (15) days of the conclusion of the investigation, whichever occurs first.
10125.4 In addition to the requirements to report abuse, neglect, and exploitation of a resident provided in § 509 of the Act (D.C. Official Code § 44-105.09):
(a) An ALR shall notify the Director of any unusual incident that substantially 38 affects a resident. Notifications of unusual incidents shall be made by contacting the Department of Health by phone promptly, and shall be followed up by written notification to the same within twenty-four (24) hours or the next business day; and
(b) An ALR shall notify the Metropolitan Police Department of abuse or any unusual incident involving death or criminal activity at an ALR before notifying the Director pursuant to paragraph (a) of this subsection. Instances of sexual abuse, specifically, shall be directed to the Metropolitan Police Department’s Sexual Assault Unit.
10125.5 For purposes of § 10125.4, an “unusual incident” shall mean any occurrence involving a resident or the ALR’s physical plant that results in significant harm, or the potential for significant harm, to any resident’s health, welfare, or wellbeing. Unusual incidents include, but are not limited to: an accident resulting in significant injury to a resident, unexpected death, a sustained utility outage, environmental hazards, misappropriation of a resident’s property or funds, or an occurrence requiring or resulting in intervention from law enforcement or emergency response personnel.
10125.6 An ALR shall keep record of all instances of unusual incidents for no less than three (3) years after the date of occurrence.
10125.7 An ALR shall, upon request, provide an affected resident (or surrogate) with a copy of the results of the ALR’s investigation into suspected abuse, neglect, or exploitation of that resident, and any actions taken by the ALR, that are reported to the Department pursuant to § 509(b)(3) of the Act (D.C. Official Code § 44- 105.09(b)(3)).
Top Takeaways:
- 2 An ALR shall immediately notify the Department of Health, the District’s Adult Protective Services program, and the District of Columbia Long-Term Care Ombudsman of all suspected or alleged incidents of abuse, neglect, or exploitation. The Department of Health shall be notified by phone immediately, and the ALR shall follow up by written notification to the Department within twenty-four (24) hours or the next business day.
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.
- 5 For purposes of § 10125.4, an “unusual incident” shall mean any occurrence involving a resident or the ALR’s physical plant that results in significant harm, or the potential for significant harm, to any resident’s health, welfare, or wellbeing. Unusual incidents include, but are not limited to: an accident resulting in significant injury to a resident, unexpected death, a sustained utility outage, environmental hazards, misappropriation of a resident’s property or funds, or an occurrence requiring or resulting in intervention from law enforcement or emergency response personnel.
Facilities must understand what can be classified as an “unusual incident” in order to report the required instances. If you fail to report these instances you will find yourself in hot water with
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.