Failure to Protect Resident from Misappropriation of Property
Penalty
Summary
The facility failed to protect a resident from misappropriation of property, specifically the wrongful use of the resident's personal belongings. According to interviews, record reviews, and facility policy, a housekeeper entered the resident's room, discarded the phone case, concealed the resident's phone in her bra, and left the room. The incident was confirmed through video footage and the use of the resident's iPad to track the missing phone, which was located at the housekeeper's address. The resident, who was cognitively intact as indicated by a BIMS score of 15, reported the phone missing after waking from a nap and informed staff, who then involved the police. Despite confirming the theft and identifying the responsible staff member, the facility did not reimburse or replace the resident's stolen phone. The resident's daughter ultimately had to purchase a new phone for her. The facility's policy states that residents have the right to be free from misappropriation of property, defined as the deliberate misplacement or wrongful use of a resident's belongings without consent, but this policy was not upheld in this instance.