Failure to Protect Resident From Misappropriation of Debit Card by Staff
Penalty
Summary
The facility failed to protect a resident from misappropriation of property when a staff member wrongfully used the resident’s debit card without consent. The resident, who had mild cognitive impairment and multiple medical conditions including MS, type 2 diabetes, COPD, heart failure, CKD stage three, A-fib, hypertension, and peripheral vascular disease, discovered unauthorized charges after reviewing a bank statement. The resident reported that she could not find her debit card, had already contacted the bank to cancel the card, and was expecting paperwork from the bank. A bank statement showed multiple charges over several days, totaling $514.31, which the resident stated she did not make. A police report was filed for a stolen credit card with unauthorized use, and subsequent investigation identified a CNA as the perpetrator linked to at least one of the charges. The resident reported to surveyors that a staff member had stolen and used her card without permission and that law enforcement had informed her the perpetrator had been identified and would be prosecuted. The facility’s own SRI documented that misappropriation was substantiated and that the CNA was connected to at least one unauthorized transaction, while the facility’s abuse and misappropriation policy defined misappropriation as the deliberate misplacement or wrongful use of a resident’s belongings or money without consent.
