Misappropriation of Resident Funds by Nursing Assistant
Penalty
Summary
A nursing assistant (NA) used a resident's bank account information without permission to create a Cash App account in the resident's name and transferred funds to herself and her family members over several months. The resident, who had multiple chronic medical conditions including chronic respiratory failure, diabetes, heart failure, and hemiplegia, was assessed as cognitively intact on the Minimum Data Set. The misappropriation was discovered when a family member noticed unusual transactions on the resident's bank statement and brought it to the attention of the facility's Business Office Manager (BOM). The transactions, which totaled over $8,000, were linked to the NA through matching names on the Cash App transactions and the NA's personnel file and social media accounts. Upon being confronted, the NA initially denied involvement but later admitted to accepting money from the resident, claiming it was given as gifts or with permission. However, the resident consistently denied ever giving the NA permission to use her bank information or debit card, and stated she was unaware of Cash App until the incident was explained to her. Interviews with law enforcement, the BOM, the former Director of Nursing (DON), and the resident's family corroborated that the NA had accessed the resident's financial information without authorization and used it for personal expenses, including bills and purchases unrelated to the resident's care. The facility's investigation revealed that the NA had violated the facility's policy prohibiting staff from accepting gratuities or gifts from residents. The incident was reported to local law enforcement, Adult Protective Services, and the state regulatory agency. The NA was terminated following the investigation. The resident experienced emotional distress as a result of the theft, expressing anger and hurt over the loss of her money. The case was also investigated by the North Carolina Nursing Assistant Registry, which confirmed the misappropriation of funds.