Misappropriation of Resident Funds via Staff Payment Application
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from misappropriation of funds and exploitation by a CNA. The resident was an adult male with a history of cerebral infarction and unspecified glaucoma, and his quarterly MDS showed a BIMS score of 11, indicating moderate cognitive impairment. Bank records for the resident showed a funds transfer to the CNA via a payment application, as well as later attempted and completed transactions to the same CNA that the resident and his family reported as unauthorized. According to the resident’s account, he was asleep when the CNA entered his room and asked for his bank card, stating she was going to put money on it. The resident, who reported that he did not fully understand the situation and was half asleep, gave the CNA his card. He stated that the CNA returned the card within a few minutes and told him she did not put any money on it. The resident later spoke with his family member, who managed his finances, and was informed that money had been withdrawn from his account and that there had been additional attempted transactions that were not completed. The resident denied ever authorizing the CNA to make purchases on his behalf or asking her to go to the store for him. Bank statements and email correspondence from the bank confirmed multiple payment application transactions and attempted transactions associated with the CNA’s name and account. The CNA acknowledged that she had previously added the resident’s bank card to her payment application, stating that she did so to reimburse herself after going to the store for the resident and that she forgot to remove his card from her account. She claimed that any subsequent transfers using the resident’s card were accidental and that she did not intend to take money from the resident. Despite having signed orientation and policy documents acknowledging the facility’s abuse, neglect, and misappropriation policies, the CNA’s actions resulted in the resident’s personal bank card information being stored on her payment application and used for transfers to her, which constituted misappropriation of resident funds and exploitation.
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