Failure to Protect Resident from Misappropriation of Funds
Penalty
Summary
A cognitively intact resident with multiple medical diagnoses, including hypertension, anemia, major depressive disorder, and chronic respiratory failure, was admitted to the facility and maintained control over her own finances. The resident entrusted a Certified Nurse Assistant (CNA) with a check for deposit, her bank card, and PIN, instructing the CNA to deposit the check and withdraw a specified amount as a personal gift. The CNA deposited the check and withdrew the agreed-upon amount, but additional unauthorized withdrawals totaling over $400 were made from the resident's account at the same ATM. The resident discovered the unauthorized transactions upon reviewing her bank statement and questioned the CNA, who admitted to withdrawing the initial agreed-upon amount but denied taking the additional funds. The resident reported the incident to facility staff, including social services and administration. The facility's policy prohibits misappropriation of resident property and requires immediate reporting of such allegations. Despite this, the CNA, who was employed through an agency, continued to work elsewhere, and there was a lack of evidence that the agency was formally notified by the facility about the incident. The facility's investigation substantiated the misappropriation of the resident's funds. The resident expressed confusion and distress over the breach of trust and was informed by the facility that the matter had been reported to law enforcement. The care plan was updated to address the resident's psychosocial well-being following the incident. The deficiency centers on the facility's failure to protect the resident from misappropriation of her funds by a staff member.