Failure to Report Alleged Exploitation to Law Enforcement
Penalty
Summary
The facility failed to develop and implement policies and procedures to ensure the timely reporting of a reasonable suspicion of a crime, as required by section 1150B of the Act. Specifically, the facility did not report an allegation of exploitation to law enforcement after a housekeeper received a $350 check from a resident. The incident was brought to the attention of the facility by the resident's family member, who noticed a missing check and confronted both the resident and facility staff. The family member expressed concern and requested immediate action, including escalation to law enforcement, but the facility administrator assured her that he would handle the matter internally. The resident involved was a male with a history of rhabdomyolysis, alcohol abuse, hypertension, anxiety disorder, and depression. He was assessed as cognitively intact with a BIMS score of 15 and was able to perform activities of daily living independently or with some assistance. The resident's care plan included monitoring for involuntary behaviors and protecting him from self-harm or harm to others. Despite these measures, the resident gave a check to the housekeeper, who initially refused but ultimately accepted the money. The housekeeper did not report the gift to her supervisor, and the incident was only discovered after the family member raised concerns. Interviews with facility staff revealed that the administrator did not report the incident to law enforcement, believing that the resident's cognitive status and voluntary action did not constitute misappropriation but rather the acceptance of a gift. The facility's own protocol required reporting any reasonable suspicion of a crime, including misappropriation or exploitation, to both the state agency and law enforcement within specified timeframes. However, the administrator failed to follow this protocol, and the incident was not reported to law enforcement as required.