Misappropriation of Resident Funds by CNA
Penalty
Summary
A deficiency occurred when a Certified Nurse Aide (CNA) took a resident's debit card under the pretense of purchasing vending machine snacks, but instead used the card to transfer money to themselves via Cash App over a period of two months. The resident had only authorized the CNA to use the card for snack purchases, not for personal transfers. The CNA withdrew a total of $483.40 from the resident's bank account, later crediting back $29.40, resulting in a net unauthorized withdrawal of $454.00. The resident involved was cognitively intact, as confirmed by recent assessments, but had significant physical limitations, including hemiplegia following a stroke, and required assistance with mobility and personal care. The resident reported that they allowed the CNA to use their card for snacks due to their limited mobility and need for assistance. The resident did not give permission for any other use of the card and was surprised to learn of the unauthorized transactions. The resident did not report any other items or funds missing and stated that the CNA never asked for money directly. The facility's policies prohibit misappropriation of resident property and require staff to protect residents from such actions. Despite these policies, the CNA was able to access and misuse the resident's funds over an extended period. The incident was discovered when the resident's bank notified the facility of suspicious charges, prompting an internal investigation. The CNA had previously been on a settlement agreement with the Employee Disqualification List, requiring additional oversight, but there had been no prior incidents reported with this employee before the misappropriation was identified.