F0568 F568: Properly hold, secure, and manage each resident's personal money which is deposited with the nursing home.
D

Failure to Safeguard Resident's Personal Funds

Mayfair ManorLexington, Kentucky Survey Completed on 07-30-2024

Summary

The facility failed to protect a resident, identified as R15, from exploitation of personal funds. The facility did not maintain adequate accounting documentation to ensure R15 was safeguarded from misappropriation of funds. An audit by Kentucky Protection and Advocacy revealed that the facility had inadequate controls for safeguarding residents' funds, was missing receipts for large and unusual purchases, and did not retain records for the required two years. The facility was required to submit a plan of correction to address these deficiencies. R15, who was admitted to the facility with diagnoses including stroke, anemia, and anxiety disorder, had a BIMS score indicating intact cognition. Despite this, R15's funds were mismanaged, with money being given to family and friends with and without her consent. The former social worker (SW) was implicated in the misappropriation of R15's funds, as R15 reported that the SW had stolen her money. R15 had given the SW money to purchase items such as clothes, jewelry, and lotion, but these items were not in her possession. Additionally, R15's son was under investigation for exploitation, having opened a credit card in R15's name without her authorization. Interviews with various staff members, including the Social Service Director (SSD), Business Office Manager (BOM), and CEO, revealed that the facility had policies in place to prevent such exploitation, but these were not effectively implemented. The SSD stated she did not handle personal funds, and the BOM confirmed that residents were not allowed to give checks or cash for deposit or to request purchases outside the facility. The CEO emphasized the importance of a check and balance system to ensure residents' funds were managed correctly. Despite these policies, the facility's failure to maintain proper documentation and oversight led to the exploitation of R15's personal funds.

Penalty

Inspection fine: $16,801
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0568 citations
Unauthorized Use and Poor Accounting of Resident Trust Funds
E
F0568 F568: Properly hold, secure, and manage each resident's personal money which is deposited with the nursing home.
Short Summary

The facility failed to properly manage resident trust funds by making multiple unauthorized online retailer purchases from the accounts of several residents with conditions such as CHF, Alzheimer’s disease, aphasia, epilepsy, ESRD, anxiety disorder, and type 2 DM, including both cognitively intact and cognitively impaired individuals who required staff assistance with ADLs. For each affected resident, fund statements showed specific debits that were not signed or authorized by the resident or a representative, despite a facility policy requiring signed vouchers or check request forms and invoices for withdrawals. In addition, the facility did not document that quarterly resident fund statements were provided to residents or their representatives for two consecutive quarters, and the Administrator confirmed both the unauthorized transactions and the absence of quarterly statements during interviews.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Provide Quarterly Trust Account Statements to Residents and Representatives
E
F0568 F568: Properly hold, secure, and manage each resident's personal money which is deposited with the nursing home.
Short Summary

The facility failed to provide required quarterly trust account statements to multiple residents and a responsible party whose personal funds were managed in facility-held trust accounts. Several alert and oriented residents reported not receiving any quarterly statements despite having active trust accounts, including residents with documented capacity to make decisions and one with a BIMS score indicating intact cognition. Another resident’s responsible party reported never receiving statements for her family member’s trust account, even though the resident had severe cognitive impairment and the RP was designated to manage finances. The BOM stated that statements were only provided upon request and that none had been issued since his employment began, while the ADM stated statements were supposed to be automatically mailed but acknowledged there was no procedure to ensure they were sent or received, and no relevant policies were produced when requested.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Provide Required Quarterly Resident Account Statements
D
F0568 F568: Properly hold, secure, and manage each resident's personal money which is deposited with the nursing home.
Short Summary

The facility did not provide required quarterly financial statements to multiple residents who maintained personal fund accounts. Several residents reported having resident accounts but stated they were unaware of their account activity or balances because they had not received statements for the prior three months or upon request. The Administrator confirmed that quarterly statements were not being issued to these residents, resulting in noncompliance with state requirements for management of residents’ personal funds.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Maintain Accurate Accounting Records for Resident Trust Funds
E
F0568 F568: Properly hold, secure, and manage each resident's personal money which is deposited with the nursing home.
Short Summary

The facility failed to maintain complete and accurate accounting records for multiple residents’ personal funds held in a commingled trust account. Resident trust statements only showed balances without itemized deposits or withdrawals, and did not reflect any allocation of interest earned. Bank statements for the checking and savings accounts listed deposits under a single resident’s name and did not document other residents’ debits or credits, despite several residents having funds managed by the facility. An activity director reported managing several residents’ funds, paying for items like haircuts by check, but did not know how to record deposits and withdrawals in the electronic system, resulting in records that did not match bank statements. The Administrator confirmed that a sister facility’s business office handled deposits and transfers and acknowledged that the facility lacked proper tracking and individual ledgers for resident expenditures.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Provide Quarterly Trust Fund Statements and Maintain Accurate Personal Funds Records
E
F0568 F568: Properly hold, secure, and manage each resident's personal money which is deposited with the nursing home.
Short Summary

The facility failed to provide required quarterly written statements and maintain accurate records for resident trust fund accounts. A resident with intact cognition and mental health diagnoses reported never receiving a balance statement, not knowing her account balance, and only receiving partial funds when requesting money for bills, with no access to funds on weekends. Two other residents with cognitive communication deficits and cognitive impairment stated they were supposed to receive $75 monthly but were not given the full amount when requested, limiting their ability to purchase food. The ADM and a director confirmed the facility had not been keeping records of personal funds, including quarterly statements and withdrawals, and could not produce accurate trust fund statements or documentation of disbursements, despite a policy requiring documentation of all transactions and quarterly statements.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Provide Quarterly Personal Funds Statements
D
F0568 F568: Properly hold, secure, and manage each resident's personal money which is deposited with the nursing home.
Short Summary

Failure to Provide Quarterly Personal Funds Statements: A resident with a personal funds account stated he had not received quarterly statements for several months. The S10PFS, who was responsible for providing the statements, confirmed the resident did not receive them while she was out of the facility for several months, despite the facility policy requiring quarterly statements and access upon request.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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