Failure to Protect Resident Property From Misappropriation by Staff
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident’s personal property from misappropriation. A cognitively intact resident, with a BIMS score of 13 out of 15 and medical diagnoses including multiple sclerosis, spastic hemiplegia affecting the left dominant side, and type 2 diabetes mellitus, reported that her AirPods were missing. The resident believed she had left the AirPods in her room before a hospitalization. The facility’s self-reported incident indicated that staff used the resident’s iPhone link to track the missing AirPods. The AirPods were subsequently located in the possession of an LPN who was employed at the facility at that time. The facility’s abuse prevention policy defined misappropriation of resident property as the deliberate misplacement, exploitation, or wrongful temporary or permanent use of a resident’s belongings or money without the resident’s consent, including obtaining property by intentional deception or using personal identifying information. During an interview, the resident confirmed that her AirPods had gone missing and that the facility found the nurse who took them and returned the AirPods. In a later interview, the Administrator was informed that, because the facility substantiated the allegation of misappropriation by its staff, the facility was responsible for the employee’s actions.
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