Misappropriation of Resident Funds via Unauthorized Debit Card Use by Staff
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from misappropriation of property when an environmental services employee used the resident’s debit card without consent for personal financial gain. The resident, who had diagnoses including COPD, chronic respiratory failure, myocardial infarction, and atrial fibrillation, was documented as cognitively intact on a recent MDS, independent in most ADLs, and requesting supervision only with showers. The care plan also noted impaired cognitive or thought processes and impaired visual function requiring use of glasses and supports. Facility policy defined misappropriation of resident property as the deliberate misplacement, exploitation, or wrongful use of a resident’s belongings or money without consent and prohibited such conduct. The sequence of events began when the environmental services employee offered to assist the resident with obtaining items and cash from the community. On one occasion, the employee initially brought back food and a receipt with no discrepancies. Subsequently, the employee asked the resident if he needed anything and suggested using the resident’s debit card to withdraw cash from an ATM when the resident did not have cash. The resident provided the employee with the debit card and PIN and requested a $500 withdrawal, but bank records showed an additional unauthorized ATM withdrawal of $103.25 on the same date. On a later date, the employee again took the resident’s debit card to withdraw money; the resident requested $503, but the bank statement showed additional ATM withdrawals of $123.25 and $306.00 that the resident stated were not authorized. Further review of the resident’s bank statements revealed multiple Venmo transactions to the employee over several days totaling $610.00, along with overdraft fees of $150.00, which the resident reported he did not authorize and did not understand, stating he did not know what Venmo was. The resident reported receiving an insufficient funds notice from the bank, which led to discovery of the unauthorized withdrawals and transfers. Law enforcement investigation documented that the employee admitted adding the resident’s card to a Venmo account and acknowledged transactions linked to the resident’s card, and officers photographed the card showing the resident’s name. Interviews with multiple staff, including CNAs, CMT, LPN, SSD, Activity Director, BOM, DON, and the Administrator, confirmed that only designated staff (BOM, Administrator, Activity Director/front office) were permitted to shop for residents, that staff were not allowed to take residents’ debit or credit cards, withdraw money from ATMs, or accept money or gifts from residents, and that using a resident’s debit card for personal use constituted misappropriation of resident funds. Despite these policies and staff knowledge, the environmental services employee obtained the resident’s debit card and PIN, conducted unauthorized ATM withdrawals and electronic transfers, and used the resident’s funds for personal purposes, resulting in misappropriation of the resident’s money.
