Illinois Nurse Sentenced to Probation for Identity Theft of Deceased Resident

A former charge nurse of an Illinois nursing home was sentenced to 24 months of probation for identity theft. The nurse was accused of unlawful possession of a credit card and illegal drug possession, but negotiated a plea agreement that reduced her charge to aggravated identity theft and dismissed all other charges.

A sworn affidavit states that a resident in an Illinois nursing home died on November 24, 2020.  His daughter discovered that there were 21 transactions on her deceased father’s credit card that occurred from the day of his death through December 2, 2020. Items that were charged to the resident’s credit card after his death included a $405 utility bill; a video game for $299; and other fraudulent charges for food, gas, and a dog collar, totaling more than $1,700.

Video surveillance was viewed of several of the fraudulent transactions, and it showed the nurse making the transactions, sometimes still wearing her nursing scrubs. The nurse admitted to finding the deceased resident’s credit card under a bedside table and using it to make the fraudulent purchases.

Issue:

It is the obligation of each nursing facility to protect residents from abuse, neglect, exploitation, and misappropriation of personal property or funds. A facility is required to report any allegations of misappropriation or exploitation of a resident’s funds or personal property to local authorities and to the appropriate state agency. Residents should be discouraged from keeping large amounts of cash or credit cards in their possession or encouraged to use a locked box and to safeguard the key. Upon discharge from the facility, the resident or a family member, with a staff member, should verify that all personal belongings of the resident have been returned to the appropriate party.

Discussion Points

• Review your policy on misappropriation of residents’ belongings or funds. Update your policy as needed.
• Train all staff on your policies regarding misappropriation of residents’ belongings or funds. Document that the training occurred, and place the signed document in each employee’s education file.
• Periodically audit to ensure that personal belongings are logged into each resident’s personal property checklist and returned with verification upon discharge.