Failure to Prevent Staff Misappropriation of Resident Funds
Penalty
Summary
A facility failed to protect a resident from exploitation and misappropriation of property when the Business Office Manager (BOM) took the resident's net spend credit card and used it for personal expenses, withdrawing a total of $3,700. The resident, who had severe cognitive impairment as indicated by a BIMS score of 0 and was care planned for visual impairment and secure storage of personal items, had his wallet stored in the business office while he was hospitalized. Upon the resident's return, his responsible party (RP) noticed the credit card was missing from the wallet, which was being held by the BOM. The BOM confessed to the Marketing Director that she had taken and used the resident's credit card for personal use, initially stating she used $2,000, then $3,000, and admitted she could not return the money. The Marketing Director did not immediately report the confession to the Administrator (ADM), instead waiting until the following morning. The incident was subsequently reported to the ADM, and the police were contacted, but no charges were pressed as the resident received the money back. Interviews with staff, including the Social Worker (SW) and interim Director of Nursing (DON), revealed they were not aware of the incident until after it occurred. The facility's investigation confirmed the misappropriation, and the BOM was terminated. The facility's policy required protection of residents from exploitation and misappropriation by anyone, including staff, and outlined the need for protocols to prevent and identify theft or exploitation. The failure to prevent the BOM from accessing and using the resident's credit card constituted a violation of these policies.