Staff Misappropriation of Resident Funds
Penalty
Summary
The facility failed to prevent the misappropriation of a resident's funds by a staff member, resulting in unauthorized withdrawals totaling $18,368. The incident involved a resident who had opened a joint bank account with a staff member, Staff A, after expressing frustration with their family's delay in assisting them. The account was opened with the resident as the primary account holder and Staff A as the secondary. Over time, the resident noticed declined transactions despite having funds in the account, leading them to discover unauthorized withdrawals linked to a gambling app used by Staff A. The resident reported the issue to their family, who then accompanied them to the bank to close the account and file a police report. The police instructed the resident to call 911 if Staff A approached them. Despite being suspended, Staff A confronted the resident aggressively, causing the resident to fear for their safety. Staff A also made multiple phone calls to the resident, leaving messages that further intimidated the resident. The facility's investigation revealed that Staff A had used the resident's account for personal gambling activities and claimed to have reimbursed some of the funds. However, the total amount taken was significantly higher than what was returned. The facility's policy on abuse and misappropriation of resident property was not effectively implemented, as the incident was not detected or prevented in a timely manner, leading to significant financial and emotional distress for the resident.
Plan Of Correction
Element 1: Cited Residents Resident R901 no longer resides in the center. The facility failed to prevent staff misappropriation of resident funds. The facility initiated immediate suspension and investigation of employee. Element 2: Like Residents Residents residing in the facility have the potential to be impacted by the identified practice. The facility completed an initial baseline audit to ensure residents' funds are protected. Element 3: Education Staff will be educated on resident rights with a focus on misappropriation and the abuse policy. Element 4: Audits Administrator or designee will complete random audits on 10 residents a week for 4 weeks to ensure residents are free from misappropriation/exploitation. Administrator or designee will complete random audits on 5 employees a week for 3 weeks to ensure staff have knowledge and understanding of the abuse policy. Element 5: Compliance The facility Administrator will be responsible for assuring substantial compliance is attained through this plan of correction by 3/21/2025 and for sustained compliance thereafter.