Resident Funds Transferred Without Permission
Summary
The facility failed to allow a resident to exercise his or her rights when funds were transferred from the resident’s personal checking account to the Business Office Manager’s personal [NAME] account without the resident’s permission. The resident’s care plan stated that the resident’s rights, autonomy, dignity, and self-determination would be honored, and that the resident had the right to manage his or her own financial and personal affairs. The resident’s admission agreement also stated that the resident had the right to manage personal funds and that the facility needed written permission to handle those funds. The resident’s bank records showed multiple withdrawals from the resident’s personal account that were deposited into the BOM’s [NAME] account, and the facility transaction report showed corresponding payments made to the facility for room and board. The resident’s annual MDS indicated no cognitive impairment, though the resident was dependent on staff for ADLs, incontinent of bowel and bladder, and had diagnoses including multiple sclerosis, depression, and hemiplegia. The resident stated that he or she did not give verbal or written permission for the BOM or facility staff to access the personal bank account or transfer funds, and stated that the resident was capable of speaking with the bank and should be the one to decide how money was spent. The BOM stated in interviews that the resident gave verbal permission to use the BOM’s [NAME] account to transfer money, but also acknowledged that the resident did not sign anything giving permission for the BOM to take funds from the personal bank account and that the BOM should not have used the [NAME] account to withdraw money from the resident’s account. A floor technician stated that the BOM asked him or her to impersonate the resident over the phone to the bank and authorize access to the resident’s account. A bank fraud investigator reported that two individuals called the resident’s bank and impersonated the resident, one identified as the BOM and another male caller who did not sound like the resident. The administrator stated that the BOM should not have used a personal account to transfer money out of the resident’s account without permission, and that the facility had not refunded the money as of the interview.
Penalty
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