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529 CAPP HARLAN ROAD

TOMPKINSVILLE, KY 42167

PATIENT RIGHTS: FREE FROM ABUSE/HARASSMENT

Tag No.: A0145

Based on interview and record review, it was determined the facility failed to protect patients from abuse. The facility failed to report an allegation of sexual abuse of a patient timely to the Department for Community Based Services.

The findings include:

An interview with the facility Administrator was conducted on February 18, 2010, at 12:30 p.m. The Administrator stated he/she was made aware on January 7, 2010, that patient #1 had alleged that the patient had been raped while in the hospital. The Administrator stated he/she did not report the alleged incident to the Department for Social Services (DCBS) until January 8, 2010.

A review of the facility policies/procedures revealed that any allegation of abuse was to be reported to the Department for Social Services, but the policy did not specify any timeframes. The Administrator stated he/she was not aware that the policy did not have a timeframe for reporting to DCBS.

KRS 209.030 states that an oral or written report shall be made immediately to the Cabinet upon knowledge of suspected abuse, neglect, or exploitation of an adult.