A Louisiana woman was arrested on January 31, 2022, for allegedly stealing from a resident where she was employed. The woman is charged with 259 counts of access device fraud, 16 counts of identity theft, and four counts of contributing to the delinquency of a juvenile.
It is alleged that between November 18, 2021, and December 30, 2021, the woman used a credit card that was stolen from a resident for 259 transactions. The fraudulent charges totaled approximately $18,378. Additionally, it is alleged that the woman used the victim’s bank accounts to make 16 credit card payments that totaled an additional $17,451. Officials first received a complaint of “financial exploitation” on January 3, 2022.
Detectives were able to obtain video and photographic evidence showing the Louisiana woman and an unidentified male individual using the stolen credit card until it was canceled. On two different occasions, she was observed on video tape using the stolen credit card in the presence of children.
The woman initially denied any involvement but eventually admitted to using the stolen credit card, claiming that the victim had given it to her to buy Christmas gifts for her children. Her bond was set at $26,000.
Compliance Perspective
Issue
It is the obligation of each nursing facility to protect residents from abuse, neglect, and exploitation. It is a violation of federal and state regulations for any persons, including facility staff, volunteers, visitors, family members or guardians, or another resident, to exploit or misappropriate a resident’s funds or personal property. A facility is required to report any allegations of misappropriation or exploitation of a resident’s funds or personal property to local authorities as well as the state agency. In addition to criminal charges, it is a violation of F602 Free from Misappropriation/Exploitation.
Discussion Points
- Review your policies on misappropriation of resident’s belongings or funds to ensure that they meet all requirements of the resident financial rights F-Tags 567 through 571.
- Train all staff about abuse, neglect, and exploitation regulations, including misappropriation of personal belongings or funds, and staff members’ personal liability if they commit any of these violations. Provide education to residents and families on the importance of monitoring bank and credit card statements to ensure no theft of funds is occurring. Resident Council, Family Council, articles in newsletters, and notices on bulletin boards are useful platforms for distributing this message. Ensure all staff, residents, and families are aware of how to report concerns.
- Periodically audit resident fund accounts to ensure that no misappropriation has occurred. Ensure residents have access to locked boxes with keys to protect personal property.
