Failure to Investigate and Report Misappropriation of Resident Property
Penalty
Summary
The facility failed to thoroughly investigate and report an alleged misappropriation of a resident's credit card, as required by regulation. The incident involved a resident with chronic obstructive pulmonary disease, atrial fibrillation, and general anxiety disorder, who had moderately impaired cognition. The resident discovered their wallet on the floor and noticed their credit card and driver's license were missing. The resident's daughter reported unknown charges on the card, totaling $1,041.41, and filed a police report. The facility's former DON submitted an initial report, but there was no evidence of a completed investigation, incident report, or timely notification to the Administrator. The alleged perpetrator, a CNA, was identified through police investigation, but had already been removed from the schedule due to expired certification prior to the report of the incident. Interviews with facility staff revealed that neither the interim DON nor the Administrator could locate an accident or incident report related to the theft. The Administrator was unaware of the incident and stated that they should have been notified and that an incident report should have been completed. The investigation did not include statements from the resident, potential witnesses, or the alleged perpetrator, and there was no documentation of protective measures for the resident or follow-up actions after the allegation was verified. The CNA involved was not contacted by the facility regarding the incident and only learned of the situation when approached by police. Additionally, the facility's policy on abuse, neglect, mistreatment, and misappropriation of resident property was outdated and lacked specific procedures for investigating allegations, interviewing involved parties, protecting alleged victims, and reporting within required timeframes. The interim DON and Administrator acknowledged that policies were outdated and that policy revisions had not been prioritized over staffing concerns. The lack of a current, comprehensive policy contributed to the facility's failure to respond appropriately to the alleged violation.