A certified nurse’s aide (CNA) who was working in an Oklahoma nursing home has pled guilty to stealing money from a resident. The Oklahoma Attorney General Medicaid Fraud Control Unit (MFCU) initiated the investigation after a referral was received by the Oklahoma State Department of Health – Protective Health Services Long-Term Care regarding the report of a nursing home resident missing money from her room.
During the course of the investigation, the CNA admitted that she saw about $150 in a resident’s room. She said she took the money following her shift that day and made purchases at a Dollar General store.
The former CNA was sentenced to serve 30 days in jail, and ordered to surrender her nurse aide certification and to hold no employment involving care of elderly or vulnerable adults while on probation. Additionally, she must pay a $500 court fund assessment, $250 to the Victim Compensation Fund, and the costs of the action. She will be on probation for four years following her jail time.
The case was investigated by MFCU agents and was prosecuted by the Oklahoma Assistant Attorneys General, who have statewide jurisdiction to investigate and prosecute violations of state and federal laws pertaining to provider fraud in the administration of the Medicaid program. The AG’s Office also investigates and prosecutes cases of abuse, neglect, drug diversion, and financial exploitation involving residents in long-term board and care facilities and in residential care settings, in some circumstances.
Attorney General John O’Connor stated, “We must protect and seek justice for these vulnerable Oklahomans. Our office will not tolerate the financial exploitation of our beloved nursing home residents, no matter how large or small the amount.”
Compliance Perspective
Issue
It is the obligation of each nursing facility to protect residents from abuse, neglect, and exploitation. Residents should be encouraged to not keep large sums of unsecured money in their rooms. Secure options should be available for residents who want to have money available at the facility. 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 the State agency and to local authorities. In addition to criminal charges, theft from residents is a violation of F602 Free from Misappropriation/Exploitation.
Discussion Points
- Review your policies on misappropriation of residents’ belongings or funds to ensure that they meet all requirements of the resident financial rights F-Tags 567 through 571 in the State Operations Manual, Appendix PP.
- Train all staff about abuse, neglect, and exploitation of residents, including misappropriation of personal belongings or funds, staff members’ personal liability if they commit any of these violations, and their responsibility to immediately report concerns.
- Periodically audit to ensure all residents are offered options for securing their valuables, and ask if they have any related concerns. Audit resident fund accounts to ensure that no misappropriation has occurred.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
