Failure to Protect Resident Funds from Staff Theft
Summary
The facility failed to protect a cognitively intact resident from financial exploitation when a staff member accessed and withdrew money from the resident’s debit card. The resident had diagnoses including cerebral palsy, major depressive disorder, contracture of the muscle, generalized anxiety disorder, and insomnia. His most recent MDS coded him with a brief interview for mental status score of 15 out of 15, indicating he was cognitively intact. The resident told the surveyor that a staff member had taken money using his debit card, but he was reluctant to discuss the incident in detail. The resident’s debit card had been kept in a lock box in the activities director’s office, and the activities director reported that this arrangement had been in place for years because the resident needed assistance accessing his funds and ordering items. The activities director stated that she checked the card balance at the resident’s request and discovered a $604 ATM withdrawal at a grocery store, which she reported to the administrator. She also reported that an activities assistant later confessed to taking the card and withdrawing the money, and that police became involved. The administrator stated that the resident was interviewed and that the resident trusted the activities director, while the resident also reportedly said he was scared he would get kicked out if he reported the theft. The facility investigation file contained a statement attributed to the resident saying he sent the activities assistant to go out to send money, and a statement from the activities assistant saying the resident asked her to go to the ATM and that she had him sign a paper. The administrator later reported that the activities assistant returned after work and coerced the resident into writing the statement. The clinical record contained no documentation of the incident other than a note that social services helped the resident set up a new PIN and that he had his card and mail. The resident was reimbursed $600, and the administrator and RDCS stated the remaining $4 was the ATM fee.
Penalty
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