Failure to Notify APS of Abuse and Misappropriation Allegations
Penalty
Summary
The facility failed to report allegations of abuse, neglect, and misappropriation of property/exploitation to Adult Protective Services (APS) for three residents. According to the facility's policy, the Administrator is responsible for reporting all investigation results of such incidents to the appropriate state agencies as required by law. However, documentation and staff interviews revealed that APS was not notified in several substantiated cases involving misappropriation of property and verbal abuse. In one case, a resident alleged that a nurse aide borrowed her debit card under the pretense of paying a bill, but subsequently, nearly the entire balance was depleted without authorization. The facility substantiated the misappropriation, reimbursed the resident, and notified law enforcement and the state agency, but there was no documentation that APS was informed. In another incident, a resident with a history of stroke was verbally abused and threatened by a housekeeper, who also physically pushed a cart into the resident's wheelchair. The facility substantiated the verbal abuse, but again, APS was not notified as required. A third resident, diagnosed with bipolar disorder and anxiety, reported a valuable ring missing after showing it to a nurse aide. The investigation noted the resident did not witness the theft but believed the aide was the only person aware of the ring's location. The facility's investigation report documented that APS was not notified of this allegation either. Interviews with former administrators and nursing staff confirmed a lack of clarity and adherence to the policy regarding APS notification in these cases.