Failure to Report Alleged Theft of Resident Wallet and Unauthorized $800 Charge to CDPH
Penalty
Summary
The deficiency involves the facility’s failure to report an allegation of suspected theft of a resident’s wallet and an associated unauthorized $800 credit card charge to the California Department of Public Health (CDPH) as required. The resident, who had diagnoses including metabolic encephalopathy, pneumonia, acute chronic respiratory failure with hypoxia, and diabetes mellitus, was initially admitted and later readmitted after a transfer to a general acute care hospital (GACH). The resident’s Minimum Data Set indicated intact cognition. The resident’s Inventory of Personal Effects documented a billfold/wallet, two credit cards, and four check booklets. On the date of readmission, the facility’s Theft and Loss Log recorded that the resident reported his wallet missing, and several days later the log showed the wallet was replaced. A Theft/Loss Report documented the missing brown leather wallet but left blank the sections for estimated value and whether the item was listed on the inventory form. During interviews, the resident stated that when he was transferred to the GACH he was too sick to remember to take his wallet, which he usually kept in the drawer next to his bed. While still hospitalized, he asked a family member to look for the wallet, and it could not be found in its usual place, leading him to believe it had been stolen. The resident reported that someone charged $800 to his credit card, that the bank detected the unauthorized charge, and that the bank reimbursed the money. He stated he informed a social services staff member about both the theft of his wallet and the unauthorized $800 withdrawal, and that his wallet was replaced but not the contents, which he said included his credit card, Medicare card, Medi-Cal card, social security card, family pictures, and the card used for the $800 charge. The Social Services Director stated that, after the resident returned from the GACH, the resident reported that $800 had been taken from his bank account but reimbursed by the bank, and acknowledged that the theft of the wallet and missing money should have been reported to the police because the amount exceeded $100. The Social Services Director also stated that the allegation of $800 missing after the report of the missing wallet suggested someone could have taken and used the resident’s credit card. Another social services staff member confirmed that the resident reported $800 missing from his bank account and that, because the bank was going to return the money, he did not think to report the missing money to CDPH, though he acknowledged the allegation could imply someone from the facility took the wallet. The Administrator stated he was not aware of the resident’s report of the missing $800 and that, if such a report had been made following the report of the lost wallet, it should have been reported to CDPH per regulations. Facility policies required notification of state licensing and certification and other agencies within specified time frames when alleged or suspected misappropriation of resident property is reported, and required staff to report suspected exploitation, theft, or misappropriation of resident property, which did not occur in this case with respect to CDPH notification.
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