Failure to Restrict Visitor Access When Financial Abuse Was Suspected
Summary
The facility failed to develop written policies and procedures for visitation rights that included procedures for safety restrictions or limitations, and it failed to implement reasonable safety restrictions or limitations when abuse by way of misappropriation of resident property was suspected involving one resident and a visitor. The report states that the facility policy on visitation rights addressed the resident’s right to receive visitors of choice, but it did not provide guidance on the regulatory obligation to place safety restrictions or limitations when concerns such as abuse, exploitation, coercion, criminal activity, disruptive behavior, or illegal substances were identified. The resident involved was admitted with diagnoses including schizoaffective disorder and other symptoms and signs involving cognitive functions and awareness. The PASRR Level II assessment dated 6/10/26 documented a history of schizoaffective disorder, grave disability, moderate cognitive impairment, unspecified depression, dementia, and cerebral ischemia, and noted the individual had been identified as being at risk for acute safety concerns and would be unable to care for himself/herself outside the facility. The Administrator stated the resident had a friend who routinely checked the resident out of the facility and took the resident to the bank to obtain money. Facility staff and leadership identified concerns that the friend was taking the resident’s money, but the report states the facility did not restrict the friend’s access to the resident. The Administrator described the situation as financial abuse and stated the resident’s bank account became overdrawn, the resident had no money available for personal use, and the resident’s social security check was seized by the bank to cover delinquent funds. Staff reported they talked to the friend and to the resident about the money, encouraged the resident to keep the bank card in the facility, and considered obtaining a conservator, but no restriction on the friend’s contact was implemented. The resident’s leave-of-absence log showed the friend took the resident out of the facility 25 times, including 11 outings after leadership identified the potential abuse concern, and progress notes documented repeated access to the resident’s bank card, debit card, PIN, cash, and withdrawals, including an episode where the resident returned from an outing appearing under the influence and stating he/she was high.
Penalty
Resources
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