Failure to Protect Resident From Financial Misappropriation by Staff
Penalty
Summary
The facility failed to protect a resident’s right to be free from misappropriation of property when a staff member became involved in the resident’s personal finances and received funds that were never used for their intended purpose. The resident, who had hemiplegia, CVA, dementia, UTI, type 2 DM, and sepsis, had a BIMS score of 10 indicating moderate cognitive impairment and required assistance and supervision with ambulation and various ADLs. According to the resident, she asked a staff member (identified as staff #200) to help her set up a checking account, and two monthly transfers of $500 each were arranged, for a total of $1,000. The resident reported that the account was never set up, that her son discovered the transfers and involved the police, and that she repeatedly asked the staff member for the money back. The resident stated that the staff member minimized the situation by saying it was “only money,” and that she felt abused, taken advantage of, embarrassed, and betrayed. The DON confirmed awareness of the incident and stated that the resident had requested an account not linked to her family and that staff #200 agreed to assist, with the understanding that the payments would be used to establish a new account in the resident’s name. The DON reported that the account was never created and that their investigation confirmed the money had been sent to staff #200. A registered nurse, when interviewed, stated that based on the details, the situation constituted abuse and defined abuse to include financial abuse as a violation of resident rights. The facility’s policy on abuse, neglect, exploitation, and misappropriation states that residents have the right to be free from misappropriation of resident property and exploitation, including financial abuse. Despite this policy, the resident’s funds were misappropriated by a staff member who had agreed to manage the resident’s financial transaction and did not carry out the agreed purpose.
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