Failure to Thoroughly Investigate Alleged Misappropriation of Resident Funds
Penalty
Summary
The deficiency involves the facility’s failure to conduct a thorough investigation into an allegation of misappropriation of resident property involving one resident. The Nursing Home Administrator (NHA) was informed by the corporate office that a social service employee (SSE M) was suspected of stealing money from a resident after a check written to the facility was returned for insufficient funds. The Business Office Manager (BOM G) spoke with the resident, who reported having over $4000 in the bank but did not have their bank card or wallet, stating that the social worker had it. BOM G went to the social services office and learned from Social Worker K that SSE M had the resident’s wallet in their desk. When the wallet was returned and reviewed with the resident, the bank card was missing. During a speakerphone call with the financial institution, in the presence of BOM G, the bank reported that the resident’s credit card balance had been paid off with a large payment that overdrew the account and listed transactions the resident disputed; the bank also indicated they had been tracking SSE M for a cash advance with invalid data. The resident, who had intact cognition per a recent MDS and diagnoses including epilepsy, congestive heart failure, depressive disorder, and anxiety disorder, expressed awareness that someone had allegedly stolen their money and suspected the social worker. The investigation conducted by the facility was incomplete and did not follow its own written abuse, neglect, and exploitation policy requiring identification and interviews of all involved persons and witnesses. Although the MDS Coordinator/LPN N was present in the office during the speakerphone calls with the financial institutions, overheard the details of the disputed transactions, and recognized that someone was stealing from the resident, LPN N was never interviewed and did not provide a statement because they were not asked. The facility’s Facility Reported Incident (FRI) file lacked any interview or statement from this witness. SSE M, who had been in possession of the resident’s bank card, was not interviewed because they resigned, and the FRI ultimately documented the allegation of abuse as inconclusive. This failure to interview all individuals with knowledge of the events and to fully document their accounts constituted a failure to conduct a complete and thorough investigation of the alleged misappropriation of resident property.
