Failure to Protect Residents from Misappropriation of Property and Funds
Penalty
Summary
The facility failed to protect residents from misappropriation of personal property in two separate incidents involving two residents. In the first case, a resident with chronic pain, anxiety, depression, and a history of stroke was prescribed Hydrocodone-Acetaminophen (Norco) for pain management. On a specific day, it was discovered during a controlled medication count that two tablets of the resident's Norco were missing. The Certified Medication Technician (CMT) involved could not account for the missing tablets and subsequently retrieved two pills from their own personal prescription, taping them into the resident's medication card to correct the count. The CMT admitted to this action during an interview, acknowledging it was inappropriate, but denied taking the resident's medication. The Registered Nurse (RN) who participated in the count did not immediately report the incident, and the facility's procedures for handling discrepancies in controlled medication counts were not followed as required by policy. In the second incident, another resident, who was cognitively intact but required assistance with daily activities, experienced over $700 in unauthorized purchases on their Direct Express debit card. The facility's former Activity Director (AD) had access to the resident's card to make purchases on the resident's behalf. The resident discovered the fraudulent charges and reported them to staff, stating that the AD admitted to using the card for personal purchases and promised to reimburse the resident with cigarettes and candy. However, after the AD's termination, the resident did not receive further compensation. The Business Office Manager and the resident reviewed bank statements and identified multiple unauthorized transactions for items the resident did not possess. The Social Services staff assisted the resident in canceling the card and reporting the charges but did not notify Adult Protective Services or the elder abuse hotline. Both incidents demonstrate failures in the facility's systems for safeguarding resident property and money. In the first case, there was a lack of adherence to controlled medication handling protocols, and in the second, there was insufficient oversight of staff access to resident funds and inadequate reporting of suspected misappropriation. The residents involved were not fully protected from the wrongful use of their belongings or money, as required by facility policy.