Failure to Report Allegation of Misappropriation of Resident Property
Penalty
Summary
The deficiency involves the facility’s failure to report an allegation of misappropriation of resident property to the state as required by regulation and facility policy. Resident #10 was admitted with diagnoses including muscle weakness and hypertension, and her care plan and MDS documented intact cognition with no behaviors or history of making false allegations. A grievance report documented that the resident’s son had brought five lottery tickets to the resident; when he returned, the resident reported that one ticket, which she stated was a $250 winner, was missing while the other four tickets remained present but were not winners. According to the grievance documentation and interviews, the resident’s son searched the room, including dressers, drawers, and the trashcan, but could not locate the winning ticket. The social worker then assisted in searching the room without success. Resident #10 confirmed that her son had brought her four or five scratch-off tickets, that one was a $250 winner, and that she later noticed the winning ticket was missing after leaving the room for an activity and returning. She stated she did not throw the ticket away, did not see anyone else throw it away, and did not witness another resident or staff member take it, but believed someone must have taken it. Multiple staff members, including CNAs, RNs, agency nurses, and the ADON, were interviewed; several recalled seeing lottery tickets on the resident’s bedside table on various days, but none could confirm the number of tickets or what happened to the winning ticket. Interviews with facility leadership established that the situation was recognized as a potential misappropriation. The social worker stated that allegations of abuse or misappropriation would be reported to the state by the Administrator or DON. The Administrator acknowledged that a missing lottery ticket worth $250 constituted an allegation of misappropriation that should have been reported to the state and stated that such allegations should be reported immediately, but confirmed he did not report it and was unsure of his responsibility. The DON stated that allegations of misappropriation are to be reported to the state immediately upon suspicion or discovery, but confirmed she had not reported the allegation and had not been informed of the situation until later in the week. Review of the facility’s Abuse Investigation and Reporting policy showed that all reports of misappropriation must be promptly reported to appropriate agencies, with allegations reported within two hours, which did not occur in this case.
