Failure to Investigate and Address Misappropriated Resident Property
Penalty
Summary
The deficiency involves the facility’s failure to thoroughly investigate and timely address an allegation of misappropriated property for one resident. On 1/5/2026 at 2:40 PM, the resident reported to a RN that the resident’s cellular phone could not be found after searching the resident’s room and the dining room. Around 3:00 PM that same day, the RN informed the resident’s power of attorney (POA) and facility management of the missing phone. Later that evening, a local police officer documented taking a theft report by phone after speaking with the resident’s POA, who reported that the facility had called about the missing phone. The POA provided the Life 360 location data, which showed the phone in the roadway of a local street at approximately 2:13 PM, with no location updates for about five hours. The officer went to that location but was unable to locate the phone. On 2/10/2026, the resident’s POA stated that after being notified by the facility of the missing phone, the POA contacted the police department and spoke with the facility Administrator, who stated the facility had no responsibility for the missing phone. The POA reported purchasing a replacement phone with personal funds and not being reimbursed by the facility. In an interview on 2/10/2026 at 2:15 PM, the Administrator stated that the missing phone was never reported to the state agency, that the facility was not liable for misappropriation of goods when residents are cognitively intact, and that the facility did not replace the phone or identify who took it, noting it could have been taken by staff, agency staff, or visitors. The Administrator also expressed a belief that facility staff would not have taken 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 the resident informed of investigation conclusions, which was not followed in this case.
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