F0602 F602: Protect each resident from the wrongful use of the resident's belongings or money.
J

Misappropriation of Resident's Funds by CNA

White Oak EstatesSpartanburg, South Carolina Survey Completed on 04-26-2024

Summary

The facility failed to ensure that a resident was free from misappropriation of property. The incident involved a resident with moderate cognitive impairment who had checks written from her checkbook to a Certified Nursing Assistant (CNA) without her consent. The resident's representative discovered the fraudulent checks while reviewing the resident's bank statements and reported the issue to the facility and the police. The checks amounted to $6,500 and $6,000, respectively, and were written for a car and car title. The CNA was identified in a bank surveillance video attempting to cash one of the checks, leading to her suspension and eventual termination. The facility's policy on neglect, abuse, and mistreatment defines misappropriation of resident property as the wrongful use of a resident's belongings or money without consent. Despite this policy, the resident had her checkbook in her possession, and the facility did not initially provide a lockbox for her valuables. The resident's son was adamant about his mother keeping her checkbook, which contributed to the incident. The CNA involved denied any wrongdoing and claimed to be a victim of identity theft, but failed to provide proof when requested by the Administrator. Interviews with various staff members revealed that the CNA had assisted the resident a few times but was not regularly assigned to her. The facility's Director of Nursing and Administrator were able to identify the CNA from the bank's surveillance video, which showed her depositing one of the fraudulent checks. The police were involved, and the CNA was found to have a history of similar accusations at another facility. The facility's failure to secure the resident's checkbook and the CNA's actions led to the misappropriation of the resident's funds.

Removal Plan

  • An audit was completed by the Nursing Supervisor of current residents to determine which residents had personal funds in their possession including money, checkbooks and credit cards.
  • The immediate action was to offer to lock up the identified residents' monetary possessions in the business office and a lockbox will be purchased by the facility and provided to the identified residents.
  • Current residents were also interviewed to ensure no other personal properties or funds were misappropriated.
  • The other current residents and RRs will be notified of the availability to secure their monetary possessions, if ever needed, by facility's newsletter.
  • Newly admitted residents will be informed of the availability of lockboxes if needed to secure monetary possessions during the Admissions Conference.
  • The facility staff were re-educated on the abuse protocol with the emphasis of misappropriation of resident's funds and property.
  • The re-education also included to never take, use or ask for resident's property nor accept monetary gifts from the residents and RRs, and abuse including misappropriation of resident's funds is not tolerated by the facility and legal actions will be taken.
  • Newly hired staff will receive this education during job specific orientation by the Staff Development Coordinator (SDC).
  • The facility Nursing Administration or Social Services Department will monitor current and newly admitted residents by conducting an interview with 5 residents or RRs weekly to ensure monetary possessions are secured and lockboxes are provided as indicated.
  • The facility Nursing Administration or Social Services Department will also monitor by interviewing 5 staff members weekly regarding the knowledge of misappropriation of resident's funds, and adhering to the rules of not taking, using or asking for residents' property/funds and not accepting monetary gifts from residents and families.
  • Identified trends or issues from the monitoring tools will be discussed during the morning Quality Improvement (QI) meetings, and then discussions with the Quality Assurance (QA) Committee meetings for further recommendations as needed.
  • The Administrator, Director of Nursing (DON) and Social Services Director (SSD) are responsible for the ongoing compliance of F602.

Penalty

Inspection fine: $8,827
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0602 citations
Misappropriation of Resident Property and Medication
E
F0602 F602: Protect each resident from the wrongful use of the resident's belongings or money.
Short Summary

A CNA/QMA accepted a resident’s offer to cash scratch tickets in exchange for part of the winnings and also took a discharged resident’s Mounjaro injection for personal use. The resident with intact cognition confirmed the money arrangement, and an RN administered the unlabeled injection after the CNA/QMA asked her to do so. The facility’s policies prohibited staff from accepting resident money or gifts and defined diversion of a resident’s medication for personal use as financial abuse.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Missing controlled medications and incomplete narcotic counts
D
F0602 F602: Protect each resident from the wrongful use of the resident's belongings or money.
Short Summary

Missing controlled medications and incomplete narcotic counts: Two residents had opioid medications missing from the narcotic drawer, including a hydromorphone bubble pack and a hydrocodone bubble pack, with related count sheets also missing. Staff interviews and narcotic logs showed shift-to-shift counts were not consistently completed or signed by both nurses, and staff reported that narcotic counts were often not done when carts changed possession. One resident had severe cognitive impairment and chronic pain, and the other had moderate cognitive impairment with acute pain related to fractures and dislocation.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Medication Diversion and Tampered Narcotic Cards
D
F0602 F602: Protect each resident from the wrongful use of the resident's belongings or money.
Short Summary

Medication Diversion and Tampered Narcotic Cards: Two residents’ narcotic cards were found tampered with during a routine med review, with prescribed controlled substances removed and replaced by other pills. One resident was cognitively intact and the other had moderate cognitive impairment; both were identified as at risk for abuse. Interviews with nursing staff and record review confirmed drug diversion occurred, but the responsible staff member could not be identified.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Resident Trust Funds Kept in BOM’s Personal Possession
D
F0602 F602: Protect each resident from the wrongful use of the resident's belongings or money.
Short Summary

A resident with dementia, paranoid schizophrenia, and severe cognitive impairment had trust funds withdrawn after discharge to a board and care facility. The BOM kept $5,744 cash and two SS checks in her purse instead of returning the money to the resident’s trust account after the resident was transferred to a GACH and later readmitted, and the Asst Admin confirmed the funds should have been deposited back into trust.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Misappropriation of Resident Medication
D
F0602 F602: Protect each resident from the wrongful use of the resident's belongings or money.
Short Summary

Misappropriation of a resident's medication occurred when two unlabeled syringes were found in a med cart and video showed a staff member placing them there. Pharmacy identified the contents as oral lorazepam and oral morphine sulfate, and the resident's open lorazepam bottle was short by 2.5 ml compared with the narcotic count sheet. The report states the misappropriation was substantiated.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Missing Controlled Opioid Medications and Altered Narcotic Counts
D
F0602 F602: Protect each resident from the wrongful use of the resident's belongings or money.
Short Summary

Two residents’ controlled opioid pain meds went missing from medication carts, along with declining count sheets and shift inventory documentation. One resident’s oxycodone/acetaminophen card was found missing with altered narcotic records, and another resident’s hydrocodone/acetaminophen card and count sheet were also unaccounted for. Staff interviews and record review showed the meds had been delivered to the facility, but the facility could not determine who removed them or when the documentation was altered.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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