A licensed practical nurse (LPN) from Florida has been arrested for exploitation of an elderly person. An investigation conducted by the Attorney General’s Office Medicaid Fraud Control Unit (MFCU) determined that the LPN stole nearly $2,000 from a resident in a nursing home where the LPN was employed.
According to the MFCU investigation, the LPN often took the resident’s credit card to purchase breakfast for the resident. Eventually, the LPN used the illicitly obtained financial information from the resident to open a joint-checking account funded solely by deposits from the resident’s primary account. Through a series of illegal transactions, the LPN used the joint account to make personal purchases, including for beauty products and a trip to Miami.
MFCU investigators received information regarding the alleged exploitation from the Florida Department of Children and Families’ Adult Protective Services Program, and therefore launched an inquiry into the alleged exploitation of an elderly person.
As a result of the investigation, the LPN faces one count of exploitation of an elderly person, less than $10,000, a third degree felony. The charge is punishable by up to five years in prison.
The Florida Attorney General’s Medicaid Fraud Control Unit investigates and prosecutes providers that intentionally defraud the state’s Medicaid program through fraudulent billing practices. Medicaid fraud essentially steals from Florida’s taxpayers. Additionally, MFCU investigates allegations of patient abuse, neglect, and exploitation in facilities receiving payments under the Medicaid program.
Compliance Perspective
Issue
It is the obligation of each nursing facility to protect residents from financial abuse and exploitation. Each facility must take the required precautions in keeping residents’ personal information as confidential as possible. Encourage residents not to give credit cards or banking information to staff. Remind staff that they should not use a resident’s banking information or credit card, even if the resident asks the staff to make purchases. If residents’ personal information is exposed in a data breach, it is the responsibility of the facility to report the breach as soon as it is discovered. Residents are more likely not to know that they have been a victim of identity theft; therefore, it is the facility’s responsibility to protect each resident from financial abuse and exploitation.
Discussion Points
- Review your policies and procedures for protecting residents’ personal information and preventing financial abuse and exploitation. Update your policies if needed.
- Train all staff who have access to resident’s personal information on your policy and procedure for protecting this personal information, and on your policy and procedures for preventing financial abuse and exploitation. Train staff on their mandatory obligation to report any suspected financial exploitation of a resident by using the Hotline or other reporting process. Document that these trainings occurred and file the signed document in each employee’s education file.
- Periodically audit to ensure that staff who have access to residents’ personal information are aware of the proper procedures to follow to prevent personal information exposure. Also, periodically audit staff members’ understanding to ensure that they are aware of what constitutes financial abuse and exploitation, and what they should do if they suspected financial abuse or exploitation is occurring.
FOR MORE INFORMATION ON THIS TOPIC VIEW: IDENTITY THEFT FROM RESIDENTS BY EMPLOYEES.
