Failure to Timely Report and Investigate Alleged Misappropriation of Resident Property
Penalty
Summary
The facility failed to ensure timely reporting and follow-up of alleged misappropriation of resident property to the State Survey Agency as required by regulations. In three cases involving residents with intact cognition and various medical diagnoses, allegations were made that staff members borrowed money from residents and did not repay it. The facility did not report one of these allegations to the New York State Department of Health within the required 24-hour timeframe, and in all cases, failed to submit the required Follow-Up Investigation Reports within five business days of the incidents. For one resident with depression and opioid abuse, an allegation was made that a patient care assistant borrowed money several months prior and did not repay it. The initial report to the state was delayed, and the follow-up investigation report was also submitted late. The facility's investigation could not substantiate the allegation due to inconsistent statements and lack of corroborating evidence. Another resident with cerebral palsy, anxiety disorder, and hypertension reported a similar incident involving a certified nursing assistant. While the initial report was timely, the follow-up investigation report was again submitted late, with the investigation unable to confirm the allegation due to lack of witnesses and denial by the staff member involved. Interviews with facility leadership revealed a lack of awareness regarding the specific reporting timelines for both initial and follow-up reports. The Director of Nursing and the Administrator both indicated they were either unaware of the requirements or the late submissions, and delays were attributed to the need for additional information and difficulty contacting involved staff. Facility policy and state guidance both require immediate reporting and timely completion of investigations, which were not followed in these cases.