Compliance Perspective Indictment:
The Compliance Officer will review with the Administrator the facility’s policies and procedures to ensure that they comply with residents’ rights to request that the facility manage their personal funds; but, also reflect that the facility cannot require the resident to deposit their personal funds with the facility. Education and training will be provided to staff regarding the role of the facility in managing a resident’s personal funds and the facility’s policy regarding acceptance of gifts from residents or the misappropriation/exploitation of a resident’s personal property. An audit will be conducted to ensure that the accounting and record keeping of residents’ personal property is being done according to Generally Accepted Accounting Procedures and CFR §483.10 (F) (10-11). Any discrepancies or areas of concern arising from the audit will be reviewed and evaluated by the Compliance Committee for consideration and needed policy/procedure changes and response. The facility will offer periodic presentations to Resident and Family Councils about the importance of making sure that caution and due diligence is being exercised before retaining personal fund investment managers or considering investment opportunities.
A 61-year-old owner-nurse of an assisted living facility that had previously been a nursing home was indicted recently by the county’s grand jury for allegedly misusing property entrusted to her by one of the seniors living in her facility to the extent of nearly $600,000. She is also alleged to have “wrongfully obtained a loan by misrepresenting where she was getting the money that would serve as collateral.”
The resident and his wife first met the owner-nurse in early 2016, when he was admitted to a nearby medical center for treatment of Parkinson’s disease and delirium. The accused was the man’s nurse and seemingly befriended him and his wife. The couple moved into the complex, then the accused owner-nurse convinced the man to give her his power of attorney. During the next 16 months, the woman received hundreds of thousands of dollars in amounts ranging from $14,250 to $200,000 supposedly to help build and operate the assisted living facility. Eventually, the couple moved into one of the facility’s apartments.
In October 2017, the police department and the Maine Department of Health and Human Services (DHHS) received a report from an unknown party accusing the owner-nurse of suspected financial exploitation. The police executed a search warrant and were able to help the couple move to a different senior facility. The DHHS has declined to comment or respond to questions about the allegation.
Last December, the couple filed a lawsuit to try and recoup some of the funds taken from them. The man made these statements about the accused woman in an affidavit he gave for a lawsuit, “She was my nurse and she befriended me; I have given her almost all of my life savings; and, I have no other assets.”
The attorney for the owner-nurse, now facing criminal charges, contends that the “case boiled down to a contract dispute that has been settled.
According to the facility’s website, financial requirements for the facility are: “monthly fees between $2,300 and $4,500, along with a refundable entry fee of between $35,000 and $85,000. Additional fees might apply for a second person in the apartment, or for a garage space. The monthly fee includes one meal a day, as well as amenities such as a fitness center and a community garden.”
The owner-nurse will be arraigned on September 18, in the county’s Superior Court. The two charges against the woman are Class B crimes, and punishable by up to 10 years in prison and a $20,000 fine.
