Failure to Prevent Misappropriation of Resident Property by Staff
Penalty
Summary
A deficiency occurred when the facility failed to protect a cognitively intact male resident from misappropriation of property and exploitation. The resident, who had diagnoses including cerebrovascular disease, atrial fibrillation, and bladder cancer, reported that his debit card was missing after a therapy session and that unauthorized transactions had been made from his account. The resident stated that during a wound care session, his soiled pants containing his bank card were handled by a Certified Occupational Therapist Assistant (COTA), and later, during a therapy session, the COTA requested the resident's phone to play music. Shortly after, the resident received a call from his bank regarding suspicious transactions, including Cash App withdrawals and a gas station purchase. The facility's records and interviews confirmed that the COTA had access to both the resident's phone and his personal belongings during the relevant timeframes. The resident showed screenshots of the unauthorized transactions, which included the COTA's first name as the recipient on the Cash App. The bank confirmed several attempted and successful transactions, including a $34.83 gas purchase and $150 in Cash App withdrawals. The COTA denied any involvement but admitted to using the resident's phone to play music. The missing bank card was not recovered, and the transactions occurred while the resident was admitted and unable to leave the facility. Staff interviews and documentation indicated that the COTA was present during the wound care session and had handled the resident's clothing. The Director of Rehabilitation Services and Social Worker both reviewed the resident's account and confirmed the timing and nature of the transactions. The facility's policies required staff to report any suspected misappropriation of property, and the COTA had previously received training on abuse, neglect, and resident rights. Despite these policies, the facility failed to prevent the wrongful use of the resident's belongings and money.