Failure to Report Suspected Misappropriation and Exploitation of Resident Funds
Penalty
Summary
The facility failed to immediately report suspected misappropriation and exploitation of resident funds to the State Agency and local authorities upon discovery. The Nursing Home Administrator (NHA) identified concerns after reviewing a bank statement for an account under the facility's name, which was unknown to the NHA. The statement revealed significant cash withdrawals and a money order, and the bank confirmed that the Business Office Manager (BOM) had a checkbook and debit card for this account. The NHA suspected that resident payments intended for care and room fees were being deposited into this unauthorized account rather than the facility's Resident Fund Management System. Despite these findings, the NHA was instructed by the Director of Operations (DOO) not to report the concerns to the State Agency or police department. Multiple residents were affected by these actions. For example, one resident's family reported ongoing billing issues despite making substantial payments, and another resident's family was unable to determine the whereabouts of Social Security income. The Social Worker and NHA also expressed concerns about residents with significant funds who suddenly had negative balances or depleted accounts, and there were suspicions of forged signatures on personal checks. An insurance check was also deposited into the unauthorized account, with no clear indication of which resident it was intended for. These concerns were not reported to the appropriate authorities as required by facility policy and federal regulations. Interviews with staff and family members confirmed ongoing concerns about the handling of resident funds, lack of transparency, and the absence of timely reporting to authorities. The BOM resigned after a disciplinary meeting, and the NHA eventually contacted the police and State Agency only after being prompted by the surveyor. The facility was unable to provide policies for accounts receivable and payable when requested by the surveyor, and the failure to report the suspected misappropriation and exploitation of resident funds resulted in a finding of immediate jeopardy.
Removal Plan
- The DON/SSD/Nurses will complete assessment of all residents to identify any negative psychosocial outcomes or worsening of overall condition that may have resulted from the alleged deficiency. The attending physician/NP of the resident will be notified of any negative findings.
- The NHA/SSD/DON will conduct interviews of interviewable residents to identify if they have any concern related to mishandling, misused and/or misappropriation of their funds. Any identified concern will be reported to the state agency and law enforcement, and investigation will be conducted. For residents who are not able to participate in the interviews, the NHA/SSD/DON will interview the resident representatives.
- The corporate business office manager will audit all residents' status of benefits (Medicaid and Managed Care) to identify any concern. An investigation will be conducted if any concern is identified. Any identified misappropriation of residents' funds and exploitation will be reported to the NHA, state agency and law enforcement.
- The NHA/DON will provide training to the department heads (Activities, SSD, BOM, Dietary Manager, Therapy Director, Environmental Services and Maintenance staff) related to the intent of F609, facility policy related to Abuse, Neglect, Exploitation and Misappropriation, focusing on the reporting requirements and responsibility of the staff to misappropriation of resident property, and exploitation to the state agency and police department.
- The DON/NHA/trained department head will provide training to all staff about reporting allegations of abuse, neglect and misappropriation to the Administrator/DON. The staff members who are not available will receive their education prior to starting their shift upon return to work.