Failure to Timely Investigate and Report Alleged Misappropriation of Resident Funds
Penalty
Summary
An allegation of possible misappropriation of a resident's funds was not investigated in a timely manner after a family member reported a $300 charge from the resident's CashApp account, which was traced back to a nurse in the facility. The resident involved had diagnoses including legal blindness, muscle weakness, and cognitive communication deficit. The family discovered the unrecognized transaction after retrieving and charging the resident's phone, and requested that the facility involve law enforcement. Multiple staff members, including the Social Worker, Human Resources, and Business Office Manager, acknowledged awareness of the allegation and recognized it as a reportable incident. However, none of these mandated reporters took action to report the incident, each deferring responsibility to the interim Administrator, who was filling in during the Administrator's medical leave. The interim Administrator did not initiate an investigation, did not document attempts to contact the family, and did not report the allegation to the Department of Health and Senior Services or law enforcement, citing a lack of further information from the family. The facility's Abuse and Prohibition Program policy requires immediate reporting and investigation of suspected misappropriation of resident property, with specific timeframes for notifying authorities. Despite these requirements, the incident was not reported or investigated as mandated, and documentation of the facility's response was lacking. The deficiency centers on the failure to follow established protocols for timely investigation and reporting of alleged misappropriation of resident funds.