Unauthorized Use of Resident's Debit Card and Cellphone by COTA
Penalty
Summary
A deficiency occurred when a Certified Occupational Therapist Assistant (COTA) used a resident's debit card and cellphone without authorization, resulting in the loss of $45.00 from the resident's bank account and $250.00 through electronic fund transfers. The resident, who was cognitively intact and had diagnoses including cerebrovascular disease and bladder cancer, reported that the COTA requested to use his cellphone under the pretense of playing music during a therapy session. Shortly after, the resident received notifications from his bank regarding suspicious transactions, including Cash App withdrawals and a gas station purchase, all occurring while the resident was admitted and unable to leave the facility. The incident was corroborated by multiple staff statements and documentation. The Director of Rehab Services (DORS) observed the resident showing bank account information with pending withdrawals, and screenshots of the transactions were captured. The resident's bank card had been in his pants, which were handled by the COTA during a wound care session the previous evening. The card was later reported missing, and subsequent bank records confirmed unauthorized transactions, some of which listed the COTA's first name as the recipient. Interviews with staff, including the LVN and DORS, confirmed the sequence of events leading to the loss of funds. The COTA denied making any purchases but admitted to using the resident's phone briefly. The facility's investigation found that the resident's bank card was used at a gas station and for electronic transfers while the resident was in the facility. The resident expressed feeling upset and taken advantage of as a result of these actions.