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Tag No.: C0152
Based on interview and record review, the hospital failed to report an allegation of patient mistreatment as required by the VSA Title 33, Chapter 69, Reports of Abuse, Neglect and Exploitation of Vulnerable Adults, Subchapter 1, 6903. (Patient #1). Findings include:
1. Per staff interview and record review, the hospital failed to report an allegation of patient mistreatment received on 3/9/12 from Patient # 1 to Adult Protective Services (APS) within 48 hours as required per V.S.A. Title 33 Chapter 69 Section 6903 (a) " Any of the following, other than a crisis worker acting pursuant to section 1614 of Title 12, who knows or has received information of abuse, neglect or exploitation of a vulnerable adult or who has reason to suspect that any vulnerable adult had been abused, neglected or exploited shall report or cause a report to be made in accordance with the provisions of section 6904 of this title within 48 hours:
(5) A hospital, nursing home, residential care home, home health agency or any entity providing nursing or nursing related services for remuneration, intermediate care facility for adults with mental retardation, therapeutic community residence, group home, developmental home, school or contractor involved in caregiving, operator or employee of any of these facilities or agencies."
Per review of the facility policy regarding abuse, any alleged or witnessed cases of abuse shall be reported to APS within 48 hours from the date of the incident. Review of facility internal investigation documents showed that despite receiving Patient # 1's allegation of mistreatment on 3/9/12, the facility did not report the incident to APS until 8/27/12.
Per interview on 11/19/12 at 10:50 AM, hospital staff from the Quality Management Department verified that they had received a complaint from a patient on 3/9/12 alleging that the patient had been mistreated during a hospital stay and confirmed that the hospital failed to report the allegation to Vermont Adult Protective Services (APS) within 48 hours as required by state statute.