Failure to Prevent Misappropriation of Resident Funds by Staff
Penalty
Summary
The facility failed to protect a resident's right to be free from exploitation and misappropriation of personal funds. After being hospitalized and discharged to a specialty hospital, a resident's belongings were boxed and stored by a former Assistant Housekeeping Supervisor. Upon the resident's return, he reported missing items, including a cell phone, wallet with debit card, and clothing. The facility determined the phone had accompanied the resident to the hospital and replaced the missing clothing, but the resident later discovered that his debit card had been used without his consent. Interviews and record reviews confirmed that the former Assistant Housekeeping Supervisor, who had access to the resident's belongings, used the resident's debit card to make multiple unauthorized withdrawals totaling over $8,200. Surveillance footage from the bank showed the same individual making thirteen separate ATM transactions, and both the Administrator and DON identified the person as the former employee. The bank and law enforcement substantiated the exploitation, and the matter was referred as an elder abuse case. The resident, who was cognitively intact according to his MDS assessment, expressed feelings of betrayal and anger upon learning of the theft. Staff interviews confirmed that the act violated residents' rights and that the employee responsible had previously attended in-service training on abuse and misappropriation. The resident's account was eventually refunded by the bank, but the misappropriation of funds occurred while the resident's property was under the facility's care.