Failure to Timely Report Misappropriation of Resident Property
Penalty
Summary
The facility failed to ensure that all alleged violations involving misappropriation of resident property were reported to the State Survey Agency within the required timeframes. Specifically, a resident with severe cognitive impairment and a legal guardian had a spending account card provided by her insurance, which was intended for her use on over-the-counter medications and groceries. The Business Office Manager (BOM) gave the Activities Director (AD) permission to use this card to purchase food items for the resident and other residents, without obtaining permission from the resident's responsible party (RP) or legal guardian. The AD used the card on several occasions, and the BOM kept the card and receipts in her office safe, but at one point allowed the AD to keep the card in her office. The misappropriation was discovered during an investigation into a separate allegation involving another resident. It was determined that the AD had used the resident's spending account card without proper authorization, and the total amount used was $313.72. The Administrator confirmed the misappropriation but failed to report the incident to the state agency as required and did not notify the resident's RP of the allegation or the findings in a timely manner. The RP was only informed months later, after the investigation had concluded and after the AD had been terminated. Facility policy required prompt reporting of all suspected or alleged violations of abuse, neglect, or misappropriation of property to state authorities within specified timeframes. However, in this case, the facility did not adhere to its own policy or regulatory requirements, resulting in a delay in reporting the misappropriation of the resident's property and in notifying the resident's legal representative.