Failure to Report Suspected Misappropriation of Resident Property
Penalty
Summary
The facility failed to develop and/or implement policies and procedures to ensure the timely reporting of suspected misappropriation of resident property, as required by section 1150B of the Act. In two separate cases, grievances were filed by the Power of Attorney for Healthcare (POAHC) for two residents regarding missing personal items: an iPad and a watch. In both instances, the allegations of misappropriation were not reported to law enforcement or the State Agency (SA), despite the facility's own policy requiring such reporting within specified timeframes. In the first case, a resident with moderate cognitive impairment and a history of malignant neoplasm of the bladder, secondary neoplasm of the bone, and toxic encephalopathy reported a missing iPad. The resident's POAHC indicated the iPad was present before a hospital stay but missing upon return. The facility's social worker acknowledged receiving the grievance and multiple communications with the POAHC, but the incident was not reported to law enforcement or the SA. The Nursing Home Administrator (NHA) stated that the missing iPad was not considered misappropriation because it was not on the resident's inventory list and staff did not recall seeing it. In the second case, a resident with severe cognitive impairment and a diagnosis of dementia and neurocognitive disorder with Lewy bodies was reported by the POAHC to have a missing watch after the resident's death. The facility offered reimbursement, which was declined due to the watch's sentimental value. The grievance officer confirmed the facility's investigation did not include reporting the incident to law enforcement or the SA. The NHA indicated the missing watch was not considered misappropriation because the POAHC was unsure if it was stolen. In both cases, the facility did not follow its own policy or federal requirements for reporting suspected misappropriation.