HospitalInspections.org

Based on record review and interviews, the hospital failed to ensure all alleged incidents of patient abuse and neglect were reported and analyzed to ensure the hospital was in compliance with applicable local, State, and Federal Laws and Regulations. This deficient practice was evidenced by the hospital's failure to report an allegation of sexual abuse within 24 hours of notification to the State Department of Health and Hospitals (DHH) for 1 (#1) of (#1 - #3) patients reviewed for abuse.
Findings:

Review of the Louisiana Revised Statutes, Title 40. Public Health and Safety, Chapter 11, State Department of Health and Hospitals revealed "Department" shall mean the Department of Health and Hospitals. "Unit" means the Medicaid fraud control unit created within the office of criminal law of the Department of Justice and which is certified by the secretary of the United States Department of Health, Education and Welfare. Regarding §2009.20. Duty to make complaints; penalty; immunity, "Abuse" is the infliction of physical or mental injury or the causing of the deterioration of a consumer by means including but not limited to sexual abuse, or exploitation of funds or other things of value to such an extent that his health or mental or emotional well-being is endangered. "Neglect" is the failure to provide the proper or necessary medical care, nutrition, or other care necessary for a consumer's well-being. Any person who is engaged in the practice of medicine, social services, facility administration, psychological or psychiatric services; or any registered nurse, ... having knowledge that a consumer's physical or mental health or welfare has been or may be further adversely affected by abuse, neglect, or exploitation shall, within twenty-four hours, submit a report to the department or inform the unit or local law enforcement agency of such abuse or neglect. When the department receives a report of sexual or physical abuse, whether directly or by referral, the department shall notify the chief law enforcement agency of the parish in which the incident occurred of such report. Such notification shall be made prior to the end of the business day subsequent to the day on which the department received the report.

Pursuant to LA R.S. 40:2009.20 facilities/health care workers shall report abuse/neglect allegations within 24 hours of receiving knowledge of the allegation to the Louisiana Department of Health (LDH). For the purposes of this process Health Standards, the Louisiana Department of Health (LDH) Legal Services Division, and the Office of the Attorney General have interpreted this to mean that the 24-hour time frame begins as soon as any employee or contract worker at the facility (including physicians) becomes aware that an incident of abuse/neglect has been alleged, witnessed, or is suspected, regardless of the source of information and regardless of the existence or lack of supporting evidence.

Review of the hospital's policy number 2.7 titled "Patient Abuse and/or Neglect" last revised 01/2025 revealed in part:
"Policy: It is the intention of this policy for the Hospital to: 3) Have mechanisms of reporting suspected abuse.
Procedure: 6. Report, Respond - a. A DHH Initial Abuse and Neglect reporting form will be completed and submitted to DHH no later than 24 hours after the incident is first reported to a Hospital staff member. d. Appropriate protective agencies and licensing agencies will be notified in accordance with State and Federal laws individualized to the situation."

Review of the hospital's Self Reports submitted to the State Department of Health from April 2025 to current revealed no reports of alleged sexual abuse involving Patient #1.

On 07/09/2025 at 9:00 AM, an interview was conducted with S1ADM and S2DON. S1ADM stated on 06/20/2025 he received a phone call from an attorney stating he was calling on behalf of a recently discharged patient from the hospital (Patient #1) regarding an allegation of sexual abuse. S1ADM stated this was the first time he had been made aware of the sexual abuse allegation. S1ADM stated the attorney told him the name of the patient who he was calling on behalf of, and requested information regarding the incident. S1ADM confirmed no report was submitted to the State Department of Health within 24 hours of the incident first being reported to a hospital staff member and it should have been.