Florida Health Department Attaches Emergency Restriction Orders to Two CNAs
One of the two certified nursing assistants (CNA) placed under Emergency Restriction Orders (ERO) was arrested in February on charges of “dealing in stolen property, giving false ownership information when pawning an item, third-degree grand theft, and exploitation of the elderly under $2,000.” The CNA pleaded not guilty to the first two charges, and the police could not prove her guilt on the other two charges. She posted a $5,500 bond. The elderly victim alleges that the CNA stole $100 in cash and approximately $5,850 in jewelry that included a pinky ring recovered and valued at $50 by the pawnbroker.
The other CNA placed under ERO worked in a nursing home and when arrested admitted to stealing more than $18,000 from a resident in the facility.
The EROs forbid the CNAs from practicing in any healthcare environment where there might be access to a patients’ personal belongings.
Compliance Perspective
Failing to protect patients/residents from theft of personal property by a home healthcare agency or nursing home employee may be considered a violation of their right to be free from misappropriation and exploitation under state and federal regulations.
Discussion Points:
- Review policies and procedures to prevent misappropriation and exploitation of residents’ personal property by facility staff or others.
- Train staff about the responsibility of employees to protect the personal property of residents and to report any incident where theft of that personal property might be occurring.
- Periodically audit by interviewing residents to determine if they are missing any personal items, and check for EROs that the state’s department of health may have attached to their licensed or certified staff.
