A South Carolina operator of two assisted living facilities has been arrested and charged with neglecting and exploiting vulnerable adults and breach of trust.
An investigation by the South Carolina Medicaid Fraud Control Unit determined that in May 2017 the operator exploited a vulnerable adult resident at a care home which he operated by improperly and unlawfully allowing the resident to work, manage, and/or provide care to other residents at the facility. This act placed the victim at a substantial risk of causing physical or mental injury to himself and other residents at the facility.
Also, the operator’s arrest warrants claim that in June 2021 he exploited a vulnerable adult by knowingly and willfully making unlawful, unauthorized, and/or improper use of the funds and assets of a resident of the care home he operated. Addition charges state that improper use of the funds benefited the operator or another person. The June 2021 investigation alleges that the operator deposited a Social Security check of a vulnerable adult resident in the amount of $66,110 into his own account, and that he converted the funds to his personal use, including the purchase of a personal vehicle.
Ten charges of Neglect of a Vulnerable Adult resulted from allegations that in August 2021 and September 2021 the operator, while acting as a caregiver for residents at the facility, knowingly and willfully failed to provide care, goods, or supervision to the vulnerable adult residents. It is believed that he failed to have a facility employee present at all times to provide care and supervision to the residents, presenting a substantial risk of physical or mental injury to these vulnerable adults. The investigation discovered that on at least two separate occasions, law enforcement responded to the operator’s care homes due to an imminent threat of harm to the residents. Both times the residents were left alone without staff present.
Neglect of a Vulnerable Adult is a felony, and upon conviction has a penalty of not more than five years imprisonment. Exploitation of a Vulnerable Adult is a felony, and upon conviction has a penalty of imprisonment of not more than five years and/or a fine not exceeding $5,000. Breach of Trust with Fraudulent Intent, value $10,000 or more, is a felony, and upon conviction has a penalty of a fine at the discretion of the court or imprisonment of not more than ten years.
Issue:
It is the obligation of each nursing facility to protect residents from financial misappropriation, exploitation, and neglect. Each facility must take the required precautions to protect all residents from neglect by providing adequate and competent staffing of caregivers. Additionally, efforts must be made to ensure their personal funds are secured for their use only. Staff are required to report any concerns of abuse, neglect, misappropriation, or exploitation to the state agency and to local authorities.
Discussion Points:
- Review your policies and procedures on preventing abuse, neglect, financial misappropriation, and exploitation. Update your policies if needed.
- Train all staff on their responsibility to provide residents with quality care and to safeguard each residents’ personal belongings and funds. Ensure they know it is mandatory to report any related concerns immediately to their supervisor, the administrator, or via the hotline. Document that these trainings occurred and file the signed document in each employee’s education file.
- Periodically audit actual staffing numbers to ensure there are adequate and competent staff caring for residents at all times. Audit staff members understanding to ensure they know it is their responsibility to protect residents from financial misappropriation, exploitation, and neglect. Periodically interview residents to learn their perception of care in your setting.
