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 Funds by Staff Member
D
F0602 F602: Protect each resident from the wrongful use of the resident's belongings or money.
Short Summary

A resident with cerebral infarction and cognitive communication deficit gave $280 to the Medical Records Manager after staff were asked to clean his apartment before discharge. Although the Administrator said the facility would pay staff and the resident would have no out-of-pocket expense, the Medical Records Manager accepted the money, placed it in her work bag, and did not refuse it at the time. Transportation staff reported seeing the exchange, and the DON later confirmed the funds had been returned to the resident.

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.
Controlled medications from two residents were diverted by an RN
D
F0602 F602: Protect each resident from the wrongful use of the resident's belongings or money.
Short Summary

An RN diverted controlled medications belonging to two residents, including pain meds ordered for a resident with dementia and a resident with multiple fractures and cognitive deficits. The RN was stopped by police after leaving work and was found with facility medications in the residents’ names. The DON stated that prior narcotic counts relied on matching log sheets and counting individual contents, and staff did not detect the missing meds because the corresponding narcotic logs were also absent.

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 Property
D
F0602 F602: Protect each resident from the wrongful use of the resident's belongings or money.
Short Summary

Misappropriation of Resident Property: A resident with multiple chronic conditions and mild cognitive impairment had a debit card stolen and used without authorization by a facility employee. The resident’s daughter reported the missing card, the Administrator confirmed the unauthorized charge, and police later identified the employee using the card and arrested her.

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.
PRN Medications Documented as Given but Not Actually Administered
E
F0602 F602: Protect each resident from the wrongful use of the resident's belongings or money.
Short Summary

An LPN documented PRN pain meds as given to multiple residents, but residents said they had not requested or received them. For one resident, pain assessments and blood levels were inconsistent with the MAR entries, and similar concerns were identified for several other residents involving controlled PRN meds.

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 Narcotic Medication and Altered Count Record
D
F0602 F602: Protect each resident from the wrongful use of the resident's belongings or money.
Short Summary

A resident with moderate cognitive impairment and chronic pain had an oxycodone/APAP order with two 30-count cards received. Staff accounts showed the narcotic count sheet was altered, signatures were written on it, and the original paperwork was discarded. One CMA said she destroyed the wrong medication after believing it was discontinued and admitted she did not complete the required checks or have a second staff member present. The medication, card, and count sheet were never found after searches of the cart, trash, shred bins, and dumpster.

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 Funds by Employee
D
F0602 F602: Protect each resident from the wrongful use of the resident's belongings or money.
Short Summary

An employee admitted to taking money from petty cash and the Resident Trust cash box, and an audit confirmed shortages in both accounts. The employee self-reported the theft, and the record review documented the missing funds and the discrepancy between the ledger totals and the cash on hand.

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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