A CNA told me that she was called into the admin office and told that a former resident has named her as beneficiary in their last will. Admin informs CNA that accepting any money (amount unknown), even though former patient has expired, is a felony, but since next of kin (child) is very upset over CNA not getting what parent intended, admin wants CNA to convince next of kin to make a contribution to facility in CNA's name. Where can I look up the laws on this. So far I have googled and come across Stark law, but that doesn't apply. I have gone to my BON's site and found nothing of relevance. Is this really a federal matter, or a state matter, or both. I'm also looking for suggestions on how to word a search to produce more relevant results. Thank you so much.
Nov 27, '09
Hi there. I am in no way a legal expert, so I may be incorrect, but here goes. I work in Admim at a nursing home (DON) and I think the way it goes is No, they can not accept gifts in any manner while employed and caring for that resident (money, personal items, etc...) but I thought if the resident put it in their own personal will and the gift was to be received after their "departure" that was not an issue. Because technically the resident is no longer residing in that facility. Also, that resident has a right to donate their items however they wish. Let me elaborate: I had a CNA who was approached by a resident to go to Virginia with her and provide CNA care for a trip she was taking. The resident was going to pay for the plane ticket and care. We gave the approval because it was an angreement the CNA and resident made outside the facility.In your case the resident will be deceased and it is his/her wishes. I believe the facility is wrong, and I think them asking her to donate it to the facility "in her name" is bs. IF the resident wanted to donate to the facility, they would have initially!!! Plus the next of kin supports it. Not sure where to search, but I think the CNA should NOT back down.
Nov 27, '09
We can't provide legal advice and as you are finding out - it is very difficult to find what you are looking for. Best bet is to contact your nursing home's lawyer. Take care and good luck.