Failure to Report Alleged Misappropriation of Resident Property
Penalty
Summary
The deficiency involves the facility’s failure to timely report an allegation of misappropriation of a resident’s property to the state agency. On 1/5/2026 at 2:40 PM, a resident (R6) informed an RN (V9) that the resident’s cellular phone could not be located after searching the resident’s room and the dining/common areas. Around 3:00 PM that same day, V9 notified the resident’s Power of Attorney (V10) and facility management that the phone was missing. Later that evening at 7:34 PM, a local police officer (V11) documented taking a theft report by phone after speaking with the resident’s Power of Attorney, who reported that the facility had called about the missing phone and provided Life 360 location data showing the phone in the roadway of a local street at approximately 2:13 PM, with no location updates for about five hours. V11 went to the indicated location but was unable to locate the phone. On 2/10/2026, the resident’s Power of Attorney stated receiving a call from the facility about the missing iPhone and reported contacting the police department and speaking with the facility Administrator (V1). According to the Power of Attorney, V1 stated the facility had no responsibility related to the missing phone. The Power of Attorney reported purchasing a replacement phone for the resident with personal funds and not being reimbursed by the facility. In an interview on 2/10/2026 at 2:15 PM, the Administrator acknowledged never reporting the missing phone to the state agency and stated the belief that the facility is not liable for misappropriation of goods when residents are cognitively intact, and that the facility did not replace the phone. The facility’s Abuse Prevention Policy dated 1/24 documents that residents have the right to be free from misappropriation of property and that the facility would investigate, report to the state agency, and keep residents informed of investigation conclusions, which was not followed in this case.
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