Failure to Protect Resident From Financial Exploitation and Misappropriation of Property
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from exploitation and misappropriation of property by a CNA. The resident was an elderly female with dementia, diabetes mellitus, and hypertension, admitted with severe cognitive impairment as evidenced by a BIMS score of six and requiring partial to substantial assistance with all ADLs. Her care plan included interventions for impaired coping, such as encouraging rest and involving the resident or representative in determining next steps in care. Despite these needs and vulnerabilities, a CNA employed at the facility from late October to early December took the resident’s debit card at some point during her employment and used it for personal purchases. Law enforcement records reviewed by surveyors indicated that the CNA allegedly committed financial exploitation of the resident over a period of several months, resulting in at least 36 unauthorized charges on the resident’s debit card at liquor stores, grocery stores, and gas stations in multiple cities. The exact dollar amount was not yet determined because the matter remained under investigation. The CNA’s criminal history check, completed prior to hire, did not reveal any disqualifying offenses, and the facility’s records showed she was terminated for no call/no show, with no documented complaints about her performance while employed. The resident’s responsible party, who held power of attorney and received the debit card statements, discovered numerous charges that the resident could not have made and reported the matter directly to law enforcement without informing the facility, stating that police advised him not to notify the facility until further investigation. He also stated that the facility could not have known about the charges because the statements were sent only to him. The facility became aware of the alleged misappropriation when it received a subpoena from a detective requesting employment and termination records for the CNA. At the time of surveyor observation and interview, the resident did not voice complaints about staff treatment or missing personal items. The facility’s written policy stated that residents have the right to be free from abuse, neglect, misappropriation of property, and exploitation, and that the facility would develop and implement policies and protocols to prevent and identify theft, exploitation, or misappropriation of resident property and conduct background checks to avoid employing individuals with findings related to abuse or misappropriation.
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