Failure to Prevent Misappropriation of Resident Funds by Staff and Peers
Penalty
Summary
The facility failed to protect a resident from misappropriation of personal funds and belongings, resulting in unauthorized use of the resident's debit card by both staff and another resident. The resident, who had dementia and moderate cognitive impairment as indicated by a BIMS score of 8, was at risk for further cognitive decline. Despite the care plan interventions to maintain routine and monitor cognitive changes, the resident's debit card was used for multiple unauthorized ATM withdrawals and purchases over several dates. The resident was unaware of these transactions and did not authorize the use of his card by others, except for a single instance where he permitted another resident to use it for a small amount. Staff interviews revealed that certified nurse aides (CNAs) and another resident were involved in attempting to withdraw funds from the resident's account without proper authorization. One CNA admitted to attempting an ATM withdrawal after being given the card and PIN by another resident, only realizing the card did not belong to that resident when a fraud alert appeared. The CNA returned the card but did not immediately report the incident. Further interviews indicated a pattern of staff and residents accessing the resident's funds, with reports of other staff and family members of residents charging the resident for errands and transportation, sometimes for significant amounts. These incidents were not consistently reported to administration, and there was confusion and lack of clarity among staff and administration regarding what constituted misappropriation. The administrator was aware that the resident had given his card to another resident but was not aware of the extent of unauthorized use by staff. The administrator believed that if the resident gave his card to another resident, it did not constitute misappropriation, and was unaware of the attempted $200 withdrawal by staff. The administrator and other staff had been informed of suspicious withdrawals and concerns by the resident's family, but the issue was not promptly or thoroughly investigated. The facility's policy required protection against misappropriation, but the lack of timely action and oversight allowed unauthorized transactions to occur, resulting in financial loss and emotional distress for the resident.