New York Attorney General Letitia James announced on December 18, 2025, that a nursing home aide formerly employed at a Rochester nursing home has pleaded guilty to stealing a resident’s debit card and withdrawing over $60,000.
An investigation by the Office of the Attorney General’s Medicaid Fraud Control Unit (MFCU) found that between April and November 2023, the defendant made 220 withdrawals using the resident’s card. She used the funds for groceries, bills, and lottery tickets in an attempt to win back the money she had stolen.
The resident’s debit card was primarily used for incidental costs and monthly nursing home payments. In November 2023, when a payment to the facility was declined for insufficient funds, the nursing home contacted the resident’s bank and discovered multiple unauthorized withdrawals. The MFCU investigation confirmed that the defendant had stolen the card and made cash withdrawals at ATMs throughout the Rochester area, including locations at Delta Sonic Car Wash, Wegmans, and Tops.
The defendant pleaded guilty to Grand Larceny in the Third Degree in Monroe County Court. She faces a sentence of 30 to 60 days in jail, to run concurrently with five years of probation, and an order to pay restitution.
Compliance Perspective
Issue
It is the responsibility of every nursing facility to protect residents from abuse, neglect, and exploitation. Upon admission, each resident’s belongings—such as credit cards, debit cards, cash, and smartphones—should be inventoried. Residents should be encouraged not to keep large amounts of unsecured money in their rooms, and facilities should provide secure options for storing money, debit and credit cards, valuable items, and personal devices. Federal and state regulations prohibit anyone—including staff, volunteers, visitors, family members, guardians, or other residents—from exploiting or misappropriating a resident’s funds or property. Facilities must report any suspected misappropriation or exploitation to the State agency and local authorities. Theft from residents is a violation of F602 – Free from Misappropriation/Exploitation, in addition to potential criminal charges.
Discussion Points
- Review your policies and procedures regarding safeguarding resident funds, valuables, and personal property. Ensure that they comply with federal and state regulations and include clear guidance on preventing, detecting, and reporting misappropriation. Consider working with an external consultant to conduct targeted risk assessments or mock surveys to identify gaps in your current policies and strengthen compliance practices.
- Provide staff with ongoing education on protecting residents from abuse, neglect, and exploitation, including the proper handling of resident funds, valuables, and personal devices. Med-Net Academy offers the course Protecting Resident Finances, which helps staff understand appropriate professional behavior regarding gifts from residents or their families, reviews F602 prohibiting financial exploitation and misappropriation of resident property or funds, and discusses best practices and consequences related to theft or misuse of resident belongings.
- Periodically audit resident fund accounts and secured valuables to verify that policies are being followed and that no misappropriation has occurred. Incorporate guidance from a consultant, when applicable, to help tailor audits to areas of higher risk or to focus on improvements identified in mock surveys or internal reviews.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*