CNA Misappropriation of Resident Property via Cellphone Access
Penalty
Summary
A certified nursing assistant (CNA) was found to have misappropriated a resident's property after being allowed to borrow the resident's cellphone. The resident, who was cognitively intact and had a history of diabetes, hypertension, malnutrition, and muscle spasm, reported that the CNA borrowed her phone for approximately 30 minutes under the pretense of locating her own misplaced phone. Shortly after, the resident received notifications from her bank regarding unauthorized attempts to transfer funds via Cash App and to make online purchases. The resident's bank confirmed that two transactions were attempted for $600 and $100, both of which were declined, while a $10 transaction and a $21.05 online purchase were completed but later credited back due to fraud. The resident denied authorizing any of these transactions. Facility records and interviews confirmed that the CNA had access to the resident's phone during the time the fraudulent activities occurred. The CNA initially denied any wrongdoing but later stated that a $10 transfer may have been an accident. The resident's representative expressed disappointment and frustration, and it was unclear if the facility had notified him about the incident. The facility's policies require immediate reporting and investigation of suspected misappropriation, and the incident was reported to law enforcement, though the resident declined to press charges. The investigation revealed that the CNA took the resident's phone outside the room and used it for purposes beyond what was permitted. Text messages and bank statements reviewed by staff and law enforcement corroborated the resident's account of unauthorized transactions. The CNA was suspended during the investigation, and the incident was substantiated as misappropriation of resident property.