Misappropriation of Resident Funds by Social Services Director
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from misappropriation of property when the Social Services Director (SSD) used the resident’s debit card to pay the SSD’s personal cell phone bill in the amount of $350.00. The facility’s Abuse Prevention and Prohibition Program stated that each resident has the right to be free from mistreatment, neglect, abuse, involuntary seclusion, and misappropriation of property, and that the facility is committed to protecting residents from abuse by anyone, including staff. Despite this policy, the SSD’s name appeared on a $350.00 wireless cell phone carrier transaction drawn from the resident’s bank account, and the resident later reported missing money and denied authorizing the SSD to use the debit card for this purpose. The resident involved had multiple medical and psychosocial conditions, including COPD, chronic systolic (congestive) heart failure, chronic kidney disease stage 3, major depressive disorder (recurrent, moderate), and anxiety. A quarterly MDS showed the resident was moderately cognitively impaired but able to understand others and be understood. The resident’s care plan documented psychosocial well-being problems related to depression, anxiety, cognitive communication deficit, chronic pain, and respiratory insufficiency, and noted that the resident discovered missing money, which prompted an investigation and involvement of the police. Following discovery of the missing funds, the resident displayed increased tearfulness and reported never giving the SSD permission to use the debit card to pay a cell phone bill. Interviews and record reviews showed a sequence of events linking the SSD to the misappropriation. Therapist A reported receiving a text message from the SSD asking to borrow $350.00 to pay a cell phone bill; Therapist A declined. Later, while assisting the resident and Social Worker (SW) A in reviewing the resident’s bank account, Therapist A observed a $350.00 charge to a wireless carrier with the SSD’s name on it and took a picture of the transaction before reporting it to the Administrator. SW A stated that the resident came to the office upset that all of the resident’s money was gone, and that review of the account revealed the SSD’s cell phone bill payment. The resident had recently received a lump-sum Social Security back payment, paid the facility balance, and had about $9,000 remaining, with only about $1,000 left when the concern was raised. The Administrator reported that a total of $8,000 was missing from the resident’s account with multiple ATM withdrawals, that $350.00 was verified as taken by the SSD to pay a cell phone bill, and that law enforcement and the bank were investigating. Although the SSD denied using the resident’s debit card or receiving money or gifts from the resident, the bank record, the therapist’s text messages, and the resident’s statements collectively supported that the SSD used the resident’s funds without authorization, constituting misappropriation of property.
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