Does the theft of a resident’s keys and money from a locked drawer in the resident’s living area by an employee constitute Misappropriation/Exploitation (F602)? Might this be considered substandard quality of care in violation of Federal regulation §483.12-Freedom from Abuse, Neglect and Exploitation, causing the facility to submit false claims?
Compliance Perspective – Stealing:
Policies and Procedures: The Compliance and Ethics Officer with the DON will review the facility’s policies and procedures to ensure that protocols are in place to respond to suspected staff abuse, misappropriation and/or exploitation; report any reasonable suspicion of a crime to the proper authorities; and thoroughly investigate all reported allegations—even in instances where repeated reports occur from residents with diminished mental capabilities. Education and Training: Staff will receive education and training on abuse, neglect and exploitation; the importance of listening carefully to residents’ concerns; their responsibility to promptly report to their supervisor all resident concerns and any co-worker who they may have reason to believe is misappropriating residents’ personal property and valuables; and that retaliation for good faith reporting is prohibited. Auditing: Staff will conduct an audit to determine if residents have and are using locked drawers to keep their money and valuables safe. The results from the audit will be evaluated, summarized and submitted to QAPI/QAA for review and recommendations. Additionally, residents will be educated and reminded through the family and resident council about the importance of using locked drawers to keep their valuables safe, and to keep keys to their locked drawers out of sight. Periodically, a review is needed to ensure that policies and procedures, education and training are updated, and that all employees have been trained.
An employee of an assisted living facility was arrested and charged with two misdemeanors for stealing $60 from a resident in the facility where she was employed. She waived her right to a preliminary hearing that was scheduled for July 26. The charges—Theft by Unlawful Taking -Movable Property and Receiving Stolen Property—have been transferred to a County Court of Common Pleas. The accused remains free on $10,000 unsecured bail.
A police officer came to the center to investigate the reported theft. The criminal complaint against the accused employee was given by the alert resident who was the victim of the theft. According to the resident, the accused employee told two other employees that the resident believed someone was in her room and that her keys were missing. Later, when one of the employees was talking to the resident, it was discovered that the resident had not said anything about someone being in her room but was only concerned because her keys were missing. According to details of the complaint, the officer doing the investigation said that he believed the victim was of sound mind and was aware that her belongings were missing rather than misplaced.
Apparently, the accused employee had wakened the resident around 8:00 am the morning the keys were discovered missing by being in her room. When the resident asked what she was doing, because the resident is known to sleep-in until 9:30 each morning, the accused said she was emptying her trash—something that was not part of her responsibility and something that the resident normally did for herself. The resident later discovered that four or five $20 bills were missing from her locked drawer.
When the accused employee was interviewed by the Police Chief, she admitted verbally and in writing that she had taken $60 from the resident.
