Failure to Protect Resident from Misappropriation of Funds by CNA
Penalty
Summary
A facility failed to protect a resident from misappropriation of funds when a certified nursing assistant (CNA) stole and used a resident's credit card. The resident, who was on isolation for influenza and had limited mobility, reported his credit card missing after noticing an unauthorized charge. The card had been brought to him by his son and was kept in his nightstand, bundled with other cards. The resident discovered the theft after checking his account and immediately canceled the card and notified both the police and the facility. Investigation revealed that the CNA, who worked the day the card was stolen, confessed to using the stolen credit card at a local liquor store. Facility records and staff schedules confirmed that the CNA was present during the relevant timeframe and that no other staff member named by the CNA was working at that time. The CNA's proximity to the liquor store and her frequent visits there were corroborated by a store employee and law enforcement. The CNA initially denied the theft, blaming another staff member, but ultimately admitted to using the stolen card for personal purchases. The facility's own policies require protection of residents from misappropriation of property by staff or others. Despite these policies, the CNA was able to access the resident's personal belongings and use the credit card without authorization. The incident was substantiated by law enforcement, and the CNA was charged with multiple felonies related to the theft and misuse of the resident's credit card.