Failure to Investigate and Protect Resident from Misappropriation of Funds
Penalty
Summary
The facility failed to thoroughly investigate and protect a resident from misappropriation of personal funds, as evidenced by multiple staff and resident interviews and record reviews. The resident, who had moderate cognitive impairment with a BIMS score of 8 and diagnoses including dementia, anxiety, heart failure, high blood pressure, and lack of coordination, was at risk for further decline. The care plan indicated the resident required support to maintain dignity and current functioning. Despite this, there were several incidents where the resident's debit card was used or attempted to be used by others without proper authorization or oversight. On one occasion, two CNAs attempted to withdraw money from an ATM using the resident's debit card, which had been given to them by another resident. The CNAs were unaware the card belonged to the resident until a fraud alert appeared. The incident was not immediately reported to the administrator, and the CNAs were only suspended after the fact. Interviews revealed that the resident had given his card to another resident for a single use but was unaware that it was being given to staff or used for multiple unauthorized withdrawals. Bank statements showed several large withdrawals that the resident did not recognize or authorize, causing him distress when reviewed. Further interviews with staff indicated that there were ongoing concerns about the resident's funds being accessed by other residents, staff, and even family members of other residents. These concerns were reported to the administrator, who claimed to have investigated but did not take comprehensive action to protect the resident or thoroughly investigate the allegations. The facility's own policy required immediate and thorough investigation and reporting of all allegations of abuse, neglect, exploitation, and misappropriation of resident property, but these procedures were not followed in this case.