Failure to Prevent Misappropriation of a Resident’s Funds by CNA
Penalty
Summary
The deficiency involves the facility’s failure to follow its abuse policy regarding misappropriation of resident property, resulting in an employee cashing multiple personal checks belonging to a resident without his knowledge or consent. The resident was admitted in late July 2025, arriving by wheelchair from another residential setting and documented as alert and oriented x3, able to communicate clearly and understand and be understood. In early September 2025, nursing notes documented that the resident was actively transitioning with hospice involvement and then became unresponsive and pulseless later that same day, with his daughter/POA present. After the resident’s death, his daughter discovered suspicious activity while closing her father’s bank estate, including several checks written from his account to a CNA employed at the facility. She contacted facility leadership to ask if this individual worked there and reported that several checks from her father’s account bore the CNA’s name and had been cashed. The facility’s own abuse report and interviews with the Assistant Executive Director, Executive Director/Administrator, and DON confirmed that the CNA had been regularly assigned to care for the resident and that the daughter provided copies of cancelled checks and bank statements showing multiple checks written to and deposited by the CNA. Record review showed a series of checks from the resident’s account, each listing the CNA as payee and referencing “rent,” with amounts ranging from $640.00 to $940.00 over multiple days in August and early September 2025. An Employee Action Form dated 10/6/25 documented that several checks were written to the CNA from the resident’s checking account and were subsequently mobile deposited into a personal account, and that the facility determined a violation of policy had occurred. The facility’s abuse policy defines misappropriation of resident property as the wrongful use of a resident’s belongings or money without consent, and the events described constitute such misappropriation for this resident.
We Help Long-Term Care Teams Stay Survey-Ready
We process and analyze inspection reports and plan of correction using AI to extract insights and trends so providers can improve care quality and stay ahead of compliance risks.