Failure to Convey Deceased Resident’s Trust Funds Within Required Timeframe
Penalty
Summary
The deficiency involves the facility’s failure to convey a deceased resident’s personal funds within 30 days as required by policy. An 87-year-old female resident with unspecified dementia, chronic kidney disease, convulsions, depression, atrial fibrillation, and anemia was admitted to the facility and had a care plan noting incontinence, fall risk, and pain complaints. A quarterly MDS documented a BIMS score of 8/15, indicating moderately impaired cognition. Review of the admission packet showed no listed family members or power of attorney. Nurse’s notes documented that the resident had a seizure during peri care and was sent to the hospital, where hospital records indicated she had a hemorrhagic stroke and died. Following the resident’s death, the Corporate CEO acknowledged awareness that the resident had a balance in her trust fund account that had not been conveyed. The CEO stated that the resident had no visitors and was believed to have no family, but at the time of death the former BOM suddenly stated the resident did have family and that the money needed to go to them, although the facility had no information on the family. The CEO reported the facility had decided to send the money back to the state but had not yet done so and admitted knowing there was a 30-day timeframe to return the funds. Record review showed the resident’s trust fund account balance was $13,946.81, and the facility’s “Refunds” policy required that within 30 days of death or discharge, the facility refund the resident’s personal funds and provide a final accounting to the resident, the resident’s representative, or the resident’s estate.
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