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32 | The complainant’s concern was that staff financially abused a resident in care by cashing personal checks.
The investigation findings revealed that Resident #1 (R1) had been living at this facility since May 26th, 2022. LPA reviewed the Admissions Agreement, Physician’s Report (dated on 05/12/2022), and Care Appraisal (dated on 10/30/23) which indicated that R1 is able to manage own Cash Resources. Interview with R1’s Trustee/Power of Attorney (POA) revealed that around October 2023, POA discovered that R1’s checkbook had gone missing. Upon discovery, POA placed a stop on all missing checks. However, no police report was filed. POA also informed LPA that during their review of the bank statements, POA discovered that eleven (11) checks were cashed and signatures on the checks were forged. Review of eleven (11) checks revealed that nine (9) out of eleven (11) check were payable to Staff #1 (S1).
LPA interviewed S1 on (12/11/23) at (2:07pm). Interview revealed that on July 15, 2023, while taking a break, S1 found R1’s checkbook by an intersection near the facility and took it to their car. After the break, S1 returned to work and did not turn in the checkbook.
Once S1’s shift was over at 10:30pm, S1 discovered that their car was stolen and filed a police report. However, S1 did not indicate in the report that R1’s checkbook was left in the car. Moreover, interview with S1 also revealed that as of 12/11/23, S1 failed to report the incident with R1’s checkbook to the Executive Director.
Interviews with the Executive Director and a Business Office Director revealed that R1 never reported checks missing and they were unaware of the fraudulent activities, however when brought to their attention the Executive Director immediately placed S1 on a suspension and conducted their internal investigation. On 12/13/23, the Executive Director filed a Police Report and LPA receive a copy of the report on 02/19/24. Review of the Report revealed that R1’s checkbook disappeared from the room several months ago, but R1 was not aware about the transactions being made on his/her account until notified by R1’s attorney. Review of Police Report also indicated that R1 did not wish to prosecute. Lastly, Officer’s investigation revealed that nine checks were written to S1 for the amount of $8,140.00 and two checks to a person, not associated to this facility, for the amount of $1300.00. First check deposit was made on 06/29/23 and the last check was cashed on 11/30/23. During today's visit, the Executive Director informed LPA that as of 02/13/24, S1's employment was officially terminated. Based on the information gathered, there is sufficient evidence to conclude that the above allegation is Substantiated.
Deficiency issued per CA code of Regulations Title 22 on LIC-9099D
Exit interview conducted, appeal rights explained, and a copy of this report signed and delivered. |