Failure to Protect Resident From Financial Misappropriation by Former Staff
Penalty
Summary
The facility failed to protect a resident’s right to be free from misappropriation of property by allowing a pattern of financial exploitation by a staff member. The resident, who had diagnoses including bradycardia, atrial fibrillation, bipolar disorder, anxiety, dementia, and peripheral vascular disease, had a BIMS score of 15 on a significant change MDS assessment, indicating no cognitive impairment. According to a complaint reported to the state agency, the resident told her nurse that a former employee from the therapy department had been asking her for money. The former employee picked the resident up for lunch, during which the resident paid $55 to fill his gas tank and $35 for lunch. After returning to the facility, the former employee asked the resident for $1200, which she initially declined but then agreed to provide because she felt pressured. The resident reported that the former employee had her download a banking app on her phone and transfer $1200 to his account, and that this was not the first time she had given him money. She stated that she had been giving him money for various needs, such as rent, while observing that he was purchasing items like laptops instead of paying his rent. The resident confirmed that the bank called to verify the $1200 transaction and she approved it, later reporting the incident, which led to police involvement. She stated she never received any of the money back and that the facility did not reimburse her. The DON acknowledged awareness of the incident, confirmed that the investigation substantiated the allegation, and confirmed that the resident had not been reimbursed. Facility policy in effect stated that residents have the right to be free from abuse, neglect, misappropriation of resident property, and exploitation.
