Failure to Protect Resident From Financial Misappropriation by Staff
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident’s right to be free from misappropriation of property by staff. The resident was admitted with multiple cardiac and related diagnoses, including congestive heart failure, atrial fibrillation, ventricular tachycardia, thyrotoxicosis, and pulmonary embolism, and had a BIMS score of 15, indicating no cognitive impairment. After the resident was discharged, she reported unauthorized charges on her credit card on three occasions over two days, totaling approximately $900 for items such as toys, whiskey, and anime from a local department store. A local police officer informed facility leadership that video footage showed a woman in scrubs making the purchases and requested assistance in identifying the individual. Upon review of the video, facility leadership identified the person as a CNA employed at the facility. Staff interviews confirmed awareness among staff that an employee had taken a resident’s credit card and used it at a local store, and staff characterized this conduct as financial abuse. The Executive Director reported that the police traced the receipts to this employee, and the facility’s own investigation substantiated that the staff member had misappropriated the resident’s credit card and used it for personal purchases. The facility had an existing policy on abuse, neglect, exploitation, and misappropriation of resident property, but the incident occurred despite this policy, resulting in the misappropriation of the resident’s financial property by a staff member.
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