Failure to Safeguard Resident Funds Resulting in Misappropriation
Penalty
Summary
Facility staff failed to protect a resident from misappropriation of personal funds when $40 was taken from the resident's wallet without their knowledge or consent. The resident, who had diagnoses including mild cognitive impairment, general anxiety disorder, major depressive disorder, traumatic brain injury, and a history of falls, typically received $40 weekly from the facility for personal use, which was then given to a family member for purchases and outings. The resident's care plan did not address concerns related to maintaining or safeguarding their money. On the day of the incident, the resident returned from the hospital accompanied by their guardian, who confirmed the presence of $40 in the resident's wallet. The wallet was placed on a table in the resident's room by a CNA after the resident showed the money to the guardian. Shortly after the guardian left, the resident's family member arrived and discovered the money was missing from the wallet. Multiple staff, including CNAs and an LPN, were present in the area during this time, and the wallet was left unattended in the resident's room for a period. Interviews with staff and the resident indicated that no one witnessed the removal of the money, and the resident could not recall when the money disappeared. The facility conducted an investigation, including interviews and statements from staff, the resident, the guardian, and the family member. The investigation was unable to determine what happened to the money, and the funds were not recovered. The incident was reported to the Ombudsman and local police, but the facility's failure to ensure the resident's money was safeguarded and accounted for resulted in a deficiency related to the misappropriation of resident property.