Topeka (WIBW) - The Department on Aging is investigating allegations a Topeka care facility put documents with personal information in a public recycling dumpster.

The agency says Briarcliff Care Center, 3224 SW 29th St., reported the incident to them Friday morning.

A person reported finding the documents Thursday night in a recycling dumpster at SE 29th and Adams. They say the items contained social security numbers and medical information.

The incident was reported to Topeka Police and officers responded. However, TPD says it plans no further action because no laws were broken.

The state, however, has regulations governing records of residents at residential health care facilities. The Department on Aging says operators are to ensure the safeguard of records against loss, destruction, fire, theft and unauthorized use.

Secretary on Aging Martin Kennedy says the state is investigating to see whether Briarcliff violated the regulation and, if so, to what extent.

Frank Trimboli, COO of Briarcliff's parent company, Senior Adult Management, Inc., said Friday the facility meant to dispose of accounts payable records that were seven to ten years old. He says some part-time contracted staff and staff who were off-shift were asked to box up the documents and take them for recycling.

He said as soon as Topeka Police notified the facility's CEO Thursday night about concerns over what was in the recycling unit, she and others went to the location, loaded them up and took them to a secure location. He says he and the facility's CEO will go through each document in detail Monday to determine whether any inappropriate records were included.

He says any inclusion of personal information would be purely accidental and not intentional, and all the agency can do is apologize.

He says he's also implemented a new policy where any future records disposal will be handled personally by either himself or the CEO.

Kennedy says such complaints are rare. He says this is perhaps the second in several years. He says health care providers also are interested in protecting patients and residents personal information.

If Briarcliff is found to be in violation, it could face a fine or regulatory actions.