Failure to Protect Resident Property from Misappropriation
Penalty
Summary
The facility failed to protect a resident's property from misappropriation, resulting in unauthorized use of the resident's debit card for 25 ATM withdrawals totaling $11,735. The resident, a cognitively intact female with multiple medical conditions including gram-negative sepsis, morbid obesity, hypokalemia, muscle atrophy, and kidney failure, was admitted to the facility and required assistance with activities of daily living. The resident kept her debit card in her room and had allowed one or two staff members to use it for vending machine purchases, but did not recall who they were. She reported that the card was never removed from her room by her, and the unauthorized withdrawals were only discovered after the bank and police became involved. The facility's admission policy did not offer protection for residents' property or valuables, and the availability of lock boxes for securing valuables was not communicated to residents in the admission packet. The resident was not informed by the facility that her bank card could be protected or stored securely. The social worker and administrator were made aware of the missing funds after the resident reported the issue, but the facility was unaware that the resident was keeping her debit card in her room until after the theft occurred. The administrator acknowledged that it was his responsibility to ensure the safety of residents' valuables, including bank and credit cards, but this was not effectively communicated or implemented prior to the incident. Interviews and record reviews confirmed that a caregiver employed at the facility was identified by the bank's fraud investigator as the individual making the unauthorized withdrawals, as evidenced by video footage. The resident expressed emotional distress and a loss of trust following the incident. The facility's abuse and neglect policy stated that residents have the right to be free from misappropriation of property, but the necessary measures to protect residents' belongings were not in place or communicated to the resident prior to the theft.