F0602

D

Failure to Protect Resident From Misappropriation of Financial Information by CNA

Seneca, South Carolina Survey Completed on 02-10-2026

Penalty

No penalty information released

Summary

The deficiency involves the facility’s failure to protect a resident’s belongings and money from misappropriation, as required by its abuse, neglect, and exploitation policy. The facility’s written policy defined exploitation as taking advantage of a resident for personal gain through manipulation, intimidation, threats, or coercion, and misappropriation of resident property as the wrongful use of a resident’s belongings or money without consent. Despite this policy, a certified nursing assistant (CNA) employed at the facility was identified by law enforcement as the individual who used a resident’s bank and credit card information to make unauthorized purchases. The facility had not substantiated the allegation internally because the CNA had not yet been criminally charged, even though law enforcement had linked the fraudulent transactions to the CNA.

The resident involved had been admitted with a displaced fracture of the right tibia, muscle weakness, dysphagia, and cognitive communication deficit, and was assessed as cognitively intact with a BIMS score of 13 out of 15. He reported that during his stay he kept his wallet in the bedside drawer and did not take it with him to therapy sessions, only removing it when leaving the facility for outside medical appointments. While he was out of his room for therapy or appointments, staff, including CNAs, were in and out of his room providing care and cleaning. During and shortly after his stay, multiple unauthorized purchases were made using his Discover and Bank of America cards, including several transactions at a sporting goods retailer and one at Nike.com, totaling approximately $592–$597.

Law enforcement records showed that an online order using the resident’s Bank of America Visa card was placed for several pairs of shoes and boots, with the items shipped to a name different from the CNA but to the same physical address the CNA had provided to the facility and for her CNA license. The payment facilitator for the sporting goods store confirmed the fraudulent order details, and the IP address used for the order was consistent with an internet provider in the CNA’s home area. The resident, his representative, and the facility Administrator all confirmed that the CNA had provided care to the resident and could have had access to his room. The police and the Attorney General’s Vulnerable Adult & Medicaid Provider Fraud Unit were able to connect the fraudulent purchases, including items mailed to the CNA’s home address, to the CNA who worked at the facility, demonstrating that the resident’s financial information was misappropriated while he was under the facility’s care.

The facility Administrator initially told law enforcement that he did not believe staff would steal the resident’s card information and noted that the resident’s family also visited and that the resident usually kept his cards with him except during physical therapy. However, the resident later described receiving text alerts from his banks about purchases at the sporting goods store and Nike.com that he did not recognize or authorize. He contacted his banks, the Sheriff’s Department, and the facility Administrator to report the fraud, stating that he believed a staff member at the facility had taken his card information. Law enforcement subsequently identified the CNA as the person associated with the fraudulent transactions, including purchases made while she was working at the facility and shipped to her home address, confirming that the resident’s property had been wrongfully used without his consent.

Despite the law enforcement findings, the Administrator and DON stated that they had not substantiated the misappropriation allegation in their own investigation because the CNA had not yet been formally charged with a crime. The survey findings note that this failure to ensure the resident’s right to be free from misappropriation of property occurred for one resident and had the potential to affect all residents cared for by the CNA. The survey team chose not to interview the CNA during the survey to avoid interfering with the ongoing criminal investigation and to protect the resident, who was now living in the community, from potential further exposure of his personal information.