complaint·November 13, 2023

Allegation: Facility staff engaged in financial abuse of resident. The complaint alleges that resident(s) were financially abused by Administration staff. It is alleged that former staff (S1)/Resident Care Coordinator used resident (R1's) debit card and charged approximately $800.00. The first fraudulent activity noted in R1's debit card was in July 2021. A new debit card was reordered. However, in August 2021 new fraudulent charges were caught by the bank. Based on record review and interviews conducted the findings indicate that staff (S1) had access to confidential credit card information via "Authorization for Credit Card Use" forms on file. In July 2021, resident (R1) asked staff (S1) to purchase a watch in the amount of $125.00 from Nordstram Rack. Staff (S1) used their own credit card and took R1's money. However, several weeks later R1 had not received the watch and asked S1 to cancel the order. Staff (S1) promised to return the money to R1, but did not. During July 2021- September 2021, R1's bank card was charged for items not purchased by the resident. Resident (R1) occasionally asked staff to assist with purchases. At least two (2) staff., staff (S1) and staff (S4) had access to R1's bank debit card. When the alleged financial abuse incident were occurring the facility did not have an Administrator. The Resident Care Coordinator was appointed by licensee to be in charge of the facility without being qualified as an Administrator. According to staff interviews, in September 2021 the facility received several phone calls from three (3) different resident's family members reporting fraudulent charges on the resident's debit bank cards. The Resident Care Coordinator (Staff 1) at that time was the only person responsible for charging the resident's monthly rent by accessing "Authorization for Credit Card Use" forms that have credit card information. A total of four (4) authorized representatives were interviewed. Two (2) out of the four (4) stated that their loved ones were overcharged rent fees in their bank cards. One resident was overcharged from January 2020- July 2020. The resident is part of the ALW program, and they confirmed the over charges were paid out from the resident's bank account. The Assisted Living Waiver program notified the authorized representative that facility staff were not billing correctly. Another resident was to be reimbursed money and the amount was not reimbursed as of 10/2021. ****Narrative continues next page.***** Staff (S1) was not interviewed because they were suspended and terminated after facility conducted an internal investigation. Staff (S2 - S6) denied engaging in financial abuse of residents. However, two (2) out of the five (5) staff interviewed stated they suspected staff (S1) engaged in financial abuse of residents. Resident (R1) stated that staff (S1) and other staff in the facility were given the bank card and PIN number to make a gas purchase and snack purchases at 7 eleven, but never for Chipotle, Uber rides, Amazon, or Instacart. R1 stated that fraudulent charges were noted after giving the bank card PIN to staff. A total of six (6) residents were interviewed. Resident (R2) stated that in September 2021 their monthly rent was charged twice, and they notified staff (S1). Resident (R4) stated that concert tickets were purchased with the credit card on file, and the only staff that had access to their credit card was staff (S1). There is sufficient evidence to corroborate the allegation. Licensee is to furnish a plan to the Regional Office on staff responsibilities and protocols for handling resident's money and accessing confidential credit card information. In addition, all staff shall be retrained on facility policy in reference to taking money and bank cards/PINs from residents. Based on record review and interviews conducted the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED . California Code of Regulations Title 22, Division 6, Chapter 8, Article 08 is being cited. See attached LIC 9099D. Exit interview was conducted with Nelida Arlante. A copy of the appeal rights and report was issued.