Staff Misappropriation of Resident Property
Penalty
Summary
The facility failed to protect a resident from the misappropriation of her property by two staff members. The resident, who had diagnoses including acute respiratory failure with hypoxia, cognitive communication deficit, diabetes, major depressive disorder, anxiety, and Huntington's disease, was able to make herself understood and had moderate cognitive impairment. Despite her condition, she was approached by an LVN and a CNA, both of whom used her debit card to pay their personal electricity bills. The LVN used the resident's debit card to pay $453.20, and the CNA used it to pay $206. The LVN returned only $100, and the CNA repaid $200 in cash, but not the associated fees. The resident also reported lending a pair of pants to the LVN, which were not returned, and claimed additional cash was supposed to be in the pocket of the pants. Interviews with the resident and staff confirmed that the staff members were aware they were not supposed to borrow money or property from residents. The resident stated she felt sympathy for the staff and agreed to help them, but later acknowledged she should not have loaned the money. The LVN and CNA both admitted to using the resident's debit card for their personal bills, with the CNA stating she was offered help by the resident after discussing her financial difficulties. The LVN claimed to have repaid the money in cash but could not provide a receipt. Both staff members had received training on abuse, neglect, misappropriation, and exploitation at the time of hire. The facility's investigation confirmed the misappropriation, and the incident was reported to the police, though no investigation was conducted as the resident told police she had offered to pay the bills. The deficiency was identified through interviews and record reviews, which established that the staff members violated facility policy by using the resident's property for personal gain, despite being trained on the prohibition of such actions.