Failure to Address Misappropriation of Resident’s Personal Property
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from misappropriation of personal property and to respond appropriately when the resident’s belongings went missing. A cognitively intact resident (R6) discovered that their cellular phone was missing and searched their room and the dining room without success. A registered nurse (V9) notified the resident’s power of attorney (POA) and facility management about the missing phone. Later that day, a police officer (V11) documented taking a theft report by phone after speaking with the resident’s POA (V10), who reported that the resident’s phone, described as having a black case, was missing. The POA provided the Life 360 location data, which showed the phone’s last known location on a nearby road at a specific time, and the officer went to that location but was unable to locate the phone. The POA stated that after being notified by the facility of the missing phone, they contacted the police department and spoke with the facility administrator (V1), who indicated the facility had no responsibility for the missing phone. The POA then purchased and brought a new phone for the resident using the resident’s own personal funds. The administrator later confirmed that the missing phone was never reported to the state agency and that the facility did not replace the resident’s cellular phone, asserting that the facility was not liable for misappropriation of goods when residents are cognitively intact. The facility’s Abuse Prevention Policy, dated 1/24, affirms residents’ rights to be free from misappropriation of property and documents that the facility would keep residents informed of the conclusions of investigations, but the report indicates the facility failed to replace the misappropriated item in a reasonable time frame and failed to report the incident to the state agency.
We Help Long-Term Care Teams Stay Survey-Ready
We process and analyze inspection reports and plan of correction using AI to extract insights and trends so providers can improve care quality and stay ahead of compliance risks.