Failure to Report Suspected Misappropriation of Resident Funds to Law Enforcement
Penalty
Summary
The facility failed to ensure that all alleged violations involving misappropriation of resident funds or personal property were reported immediately to the administrator, the State agency, and local law enforcement, as required by facility policy and federal regulations. In the case reviewed, a resident with significant cognitive impairment, including hemiplegia, hemiparesis, aphasia, and a low BIMS score, reported missing monetary funds from his room. The amounts reported missing varied during interviews, ranging from $38 to $80, and the resident also mentioned a missing coin purse. The facility conducted a search of the resident's room, interviewed the resident and his activated power of attorney, and reviewed the resident's account activity, but was unable to determine if the funds were ever in the resident's possession or if they had been taken. Despite the facility's internal investigation and reporting to the State agency, the incident was not reported to local law enforcement. The administrator and social services director did not contact law enforcement, citing the resident's and power of attorney's wishes not to involve police and uncertainty about the threshold for reporting theft. The administrator acknowledged during interviews that stealing is a crime and that facility policy requires coordination with law enforcement to determine what constitutes a reportable crime, but also admitted that such coordination had never occurred and that she did not need permission from the resident or family to follow abuse reporting procedures. The facility's failure to report the suspected misappropriation of resident funds to local law enforcement was contrary to its own written policies and federal requirements. The policies specify that all alleged violations involving misappropriation must be reported to law enforcement within specified timeframes, regardless of the amount involved or the wishes of the resident or their representative. The administrator's decision not to report the incident denied the resident the resource of law enforcement involvement and did not comply with established procedures for reporting suspected crimes in the facility.