Failure to Prevent Misappropriation of Resident Property by Agency CNA
Penalty
Summary
The facility failed to protect a resident from misappropriation of property when an agency CNA took cash and gift cards from the resident’s belongings. The resident, who had type 2 diabetes and rheumatoid arthritis and was cognitively intact with a BIMS score of 15/15, reported with their responsible party that $276.00, a McDonald’s gift card, and a Starbucks gift card were missing from the resident’s walker. The incident was reported to staff in the morning, and the missing items were identified by the resident and the resident’s child as having been stored on the walker. The facility’s abuse, neglect, and misappropriation policy requires that residents not be subjected to abuse or misappropriation by anyone, and that staff receive training in interventions, reporting, detection, and what constitutes abuse, neglect, and misappropriation, as well as implementation of procedures to identify, correct, and intervene in situations likely to result in misappropriation. Despite this, the Executive Director stated that while the facility conducts background checks, TB tests, and verifies licenses, COVID-19 vaccination, and CPR certification for agency staff, it does not require or provide abuse, neglect, and misappropriation training for agency staff and relies on the staffing agency to ensure such training. The Executive Director also stated the facility continues to use agency staff without requiring documentation of abuse, neglect, and misappropriation training from the agency. An agency CNA admitted to taking the resident’s money and gift cards, and later returned the gift cards and an amount of cash that did not match the amount reported missing.
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