Misappropriation of Resident Funds by Facility Staff
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from misappropriation of property when a staff member made unauthorized charges to the resident’s bank card. The resident was admitted with major depressive disorder, mild neurocognitive disorder with behavioral disturbance, anxiety disorder, and a need for assistance with personal care. An MDS assessment indicated the resident had severe memory impairment and was only oriented to self. An Ombudsman reported to the DON that the resident’s bank had identified the resident’s bank card as being connected to a phone number belonging to a facility employee (Staff 1), with charges greater than $4,000. The facility’s abuse and neglect prohibition policy stated that misappropriation of property for all residents is prohibited. A police report documented that between mid-January and early November, the resident’s debit card had been fraudulently used by an employee of the facility, and the bank had accounted for approximately $27,571.49 missing from the resident’s account. In interviews, the Administrator and DON confirmed that Staff 1’s phone number was connected to the charges on the resident’s credit card, and the Administrator acknowledged that Staff 1’s employment had been separated based on this incident. A bank employee reported that a joint account holder had contacted the bank about money being taken from the resident’s account and that the bank’s investigation showed the fraud had been occurring for about a year and exceeded $4,000. A police officer stated that Staff 1 was definitely involved in the misappropriation of the resident’s property and confirmed the amount of the charges as $27,571.49, with the investigation ongoing.
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