Failure to Timely Report Alleged Staff-Related Credit Card Theft
Penalty
Summary
The facility failed to follow its abuse prevention and reporting policy by not reporting an allegation of staff-to-resident theft to the State Survey Agency within the required timeframe. A cognitively intact resident with a BIMS score of 15/15, assessed as at moderate risk for abuse, reported that after admission she provided her credit card to the Business Office Manager to process a payment. The card and receipt were returned and placed on the overbed table, but later, when the resident attempted to put the card back into her zippered pouch, she could not find it. The resident, who is bedridden and does not leave her room, subsequently became aware of unusual activity on her bank account, including a large florist charge and a cash withdrawal with an associated fee, and was instructed to freeze the card. The resident reported the missing card to the Business Office Manager, who stated she informed the Administrator and that the police were notified and a report made. The Administrator acknowledged that the resident’s credit card was missing and that there were unfamiliar charges, and indicated that the Resident Liaison had more information because she had been on the phone with the resident and the bank. The Resident Liaison reported that she contacted the bank with the resident, was told the bank would investigate the pending charges and reimburse the resident if they were fraudulent, and stated she did not know why a reportable was not completed. The Social Services Director stated she was asked to see the resident about the missing card, that the Resident Liaison had already done some of the investigation, and that by the time she followed up, the bank had reimbursed the resident; she did not confirm with the resident’s POA that the POA had the card. A police report documented that the officer spoke with the Administrator, who indicated he believed a CNA assigned to the resident’s room on the day the card was used at an ATM was responsible, and that this CNA had previously been assigned to another resident whose debit card had been stolen and had spoken about having a scam system at the facility. The police contacted the resident’s POA, who was aware of the incident but did not know all the details, and received the resident’s bank statement. The facility’s abuse prevention and reporting policy requires employees to immediately report any incident, allegation, or suspicion of misappropriation of resident property to the Administrator and to inform the Department of Public Health’s regional office by telephone or fax not later than two hours after forming the suspicion, with a complete written report within five working days. Despite these policy requirements and the Administrator’s expressed suspicion of staff involvement, no reportable was made to the State Survey Agency for this event, constituting the deficiency.
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