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

Misappropriation of Resident's Funds by Housekeeper

Hibriten Mountain Nursing And RehabilitationLenoir, North Carolina Survey Completed on 12-17-2024

Summary

The facility failed to protect a resident's right to be free from misappropriation of property when a housekeeper used the resident's debit card without permission. The housekeeper set up a mobile payment application account on his phone and transferred approximately $4,000 from the resident's bank account over several months. The resident, who was cognitively intact, was unaware of these transactions and only discovered the issue when the Business Office Manager (BOM) discussed his overdue bill with him. The resident had initially given his debit card to the housekeeper to purchase a drink from a vending machine, which was the only time he recalled the housekeeper having access to his card. Upon realizing his card was missing, the resident, with the help of the BOM, contacted the bank and discovered the unauthorized transactions. The BOM reviewed the bank records and identified the transactions linked to the housekeeper's mobile payment account, prompting a report to law enforcement. Despite the facility's efforts to report the crime and assist the resident, the police investigation did not result in charges due to insufficient evidence. The mobile payment application company claimed to have no record of the housekeeper's account, and the case was eventually closed. The resident expressed distress over the loss of his funds and the breach of trust by someone he relied on.

Removal Plan

  • The Business Office Manager obtained bank statements for Resident #70 and identified unauthorized transfers by Housekeeper #1.
  • The Business Office Manager, with consent from Resident #70, requested a direct deposit for Resident #70's Social Security checks into his RFMS account.
  • Resident #70's Social Security checks were direct deposited into his resident trust account managed by the facility.
  • The Executive Director reported the misappropriation of Resident #70's property to local law enforcement.
  • The Executive Director filed the initial allegation to the State agency.
  • Resident #70 was seen by the psychiatric nurse practitioner and continued to be followed by psychiatric services.
  • Resident #70's liability with a total balance of $628 has been written off.
  • The Business Office Manager audited the current Resident Financial Management System (RFMS) to ensure no unauthorized activity had occurred.
  • The Business Office Manager reconciled the asset account to the resident trust fund liability account monthly.
  • A Resident Trust fund statement is mailed to the patient and/or Guardian/Responsible Party quarterly.
  • The Social Worker interviewed alert and oriented residents to ensure no employee had asked any resident for money or use of their debit, credit, EBT, and/or Ucard.
  • The Executive Director and/or Director of Nursing re-educated current staff on the Abuse Policy with emphasis on misappropriation of resident property.
  • Education included the use of a sign-out sheet for snacks and drinks purchases.
  • Staff were educated to not accept debit cards from residents for vending machine purchases.
  • The Executive Director verbally educated residents that the use of debit cards by staff is not allowed for vending machine purchases.
  • Residents are made aware upon admission and throughout their stay of having the option to secure valuables.
  • The Maintenance Director handles the request of a resident's need for a lock on their nightstand.
  • All residents/responsible parties were offered a RMFS account upon admission.
  • The Executive Director held an ADHOC Quality Assurance Performance Improvement meeting.
  • The Executive Director and/or Director of Nursing to complete quality monitoring of five residents weekly for twelve weeks.
  • The Business Office Manager reconciled the asset account to the resident trust fund liability account monthly.
  • The results of the quality monitoring will be brought to the Quality Assurance Performance Improvement meeting monthly for 3 months.
  • The Executive Director is responsible for overseeing the plan of correction.

Penalty

Inspection fine: $16,801
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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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