Failure to Thoroughly Investigate Alleged Financial Exploitation and Drug-Related Misconduct
Penalty
Summary
The deficiency involves the facility’s failure to thoroughly investigate allegations of abuse, neglect, and misappropriation of property involving one cognitively intact resident. The resident, who had diagnoses including hemiplegia and hemiparesis following cerebral infarction, chronic pain syndrome, and opioid abuse with intoxication, reported that a CNA befriended her and began taking money from her. She stated she gave the CNA approximately $5,000 or more, including funds for prepaid money cards, and that the CNA still owed her $1,000 for a prepaid card that was never purchased. The resident reported that the CNA had her bank card PIN and would withdraw money from the bank, and that she had informed the previous NHA and SSD about the missing money and reported it to the police, with her POA handling the investigation. The resident further alleged that the CNA used the prepaid cards to buy THC-containing adult gummies for both of them, which they would share each morning, with the CNA advising her on potency and whether to take a half or whole gummy. The allegation of THC use was not documented in the facility’s prior investigation. During interviews, the current NHA and RM acknowledged that the resident had reported giving the CNA her bank card to shop for her and that, during their investigation, they obtained bank statements from the POA confirming that money had been sent to the CNA via a mobile money app. The RM stated that the CNA admitted receiving money to buy prepaid money cards totaling $4,570 but denied knowing why the resident needed them, and the RM admitted never asking the resident about the purpose of the cards, despite later acknowledging that the allegation of drug use would make sense in that context. The CNA confirmed there was money exchanged between her and the resident, that she purchased prepaid money cards worth hundreds of dollars, and that the resident wrote her checks for $500 more than once. She admitted that, as a staff member, she should not have taken money from the resident and that it was against policy, but denied purchasing THC gummies. The medical director stated that staff should not provide a resident with THC and that any such use should be evaluated and monitored by a provider. The facility’s Abuse Prevention Program policy defined exploitation/misappropriation of resident property and required that the NHA or designee initiate and conclude a complete and thorough investigation, including resident and employee interviews, document review, and other investigative steps. The report shows that the facility’s prior investigation did not include inquiry into the alleged THC use, did not document notifications to outside agencies, and did not fully explore the exploitation and misappropriation concerns as required by policy, resulting in a failure to thoroughly investigate the allegations for this resident.
