Asbury Care Center: Withheld $1,030 From Resident - TX
Asbury Care Center of Alamo failed to return $1,030.01 to Resident #9 within the federally required 30 days after his discharge, federal inspectors found during an August complaint investigation. The money came from his monthly Social Security direct deposit that arrived after he had already left the facility.
The resident had no idea the money existed.
"He stated he was not aware of the funds in the account at the facility," inspectors wrote after interviewing him. "He stated he had not been notified by the facility that there was a deposit after he discharged home."
The case illustrates how nursing homes can hold onto residents' personal funds even after they leave, potentially costing vulnerable seniors access to their own money. Federal regulations require facilities to convey resident funds within 30 days of discharge specifically to prevent such situations.
Resident #9, who had no cognitive decline according to his assessment scores, admitted to the facility and later discharged himself home. His departure was processed through the state system, which automatically notified Social Security and Medicaid that his account was closed.
But timing created the problem. His monthly Social Security payment of $1,030.01 deposited into his facility account after he left but before the closure notification reached Social Security. The facility kept the money.
Transaction records show the deposit occurred with the description "SSA Treas" followed by a number, clearly identifying it as his Social Security payment. The facility's own policy required written notification to residents about their personal funds, but Resident #9 received none.
The administrator who spoke with inspectors had not been running the facility when Resident #9 discharged. She explained the normal process: when discharge paperwork gets processed, "Medicaid and the SSA are notified that the account is closed so no further funds would deposit into a resident's account."
She acknowledged the deposit "was likely his monthly direct deposit from the SSA" and said "since Resident #9's form 3618 was processed after the deposit, he should have received a refund from the facility within 30 days."
She couldn't explain why no refund happened.
The business office manager position was vacant during the inspection. The previous manager had died unexpectedly just three days before inspectors arrived, the administrator revealed. The facility was working with corporate headquarters to continue business office operations.
This death may have contributed to the oversight, but it doesn't excuse the months-long failure to return the resident's money. The deposit occurred well before the manager's recent death.
Resident #9 had actually tried to contact the facility about a different matter. He told inspectors he spoke with the former business office manager "sometime in early August regarding home health care services." During that conversation, the manager never mentioned his personal funds account containing over $1,000.
"She told him she would return his call regarding his issue, but he had not heard from her since then," the inspection report states. She died without ever calling him back or alerting him to the money.
The administrator promised inspectors she would ensure Resident #9 received his refund. But the damage was already done - he had been without access to his own Social Security payment for months.
Federal regulations exist specifically to prevent nursing homes from holding residents' money after discharge. The 30-day requirement recognizes that seniors often need their funds quickly, whether for medical expenses, housing costs, or basic living needs.
The facility's own written policy acknowledged residents' rights to receive proper notification about their personal funds. The policy stated residents have "the right to receive notices orally (meaning spoken) and in writing (including Braille) in a format and a language he or she understands" and must receive "a description of the manner in protecting personal funds."
None of this happened for Resident #9.
The case raises questions about how many other discharged residents might be missing money they don't know exists. Without proper notification systems and timely fund transfers, vulnerable seniors can lose access to their own financial resources.
Social Security payments represent critical income for nursing home residents, often covering essential expenses after they return to community living. A $1,030 monthly payment can mean the difference between affording medication, groceries, or housing costs.
The facility's corporate structure added another layer of complexity to resolving the issue. With the local business office manager dead and operations shifted to corporate headquarters, accountability became diffused. The current administrator, who wasn't present during the original discharge, had to piece together what happened.
Inspectors classified this as causing "minimal harm or potential for actual harm," but the impact on Resident #9 was real. He spent months without money that belonged to him, unaware it even existed while trying unsuccessfully to reach facility staff about other concerns.
The inspection occurred in response to a complaint, suggesting someone - possibly Resident #9 himself or a family member - raised concerns about the facility's handling of personal funds. The specific nature of the complaint wasn't detailed in the public report.
Resident #9's cognitive assessment score of 15 indicated he had full mental capacity to manage his own affairs. This makes the facility's failure to notify him about his funds even more problematic, as he was clearly capable of understanding and acting on such information.
The timing of the business office manager's death, just days before the federal inspection, created an unfortunate coincidence that may have hampered the facility's ability to provide complete answers to investigators. However, the underlying problem - failing to return a resident's money within 30 days - occurred months earlier.
Asbury Care Center of Alamo now faces federal oversight to ensure proper handling of resident funds going forward. But for Resident #9, the months without his Social Security payment represent time and financial security he cannot recover.
Full Inspection Report
The details above represent a summary of key findings. View the complete inspection report for Asbury Care Center of Alamo from 2025-08-23 including all violations, facility responses, and corrective action plans.
Additional Resources
Data source: Official federal inspection data from the Centers for Medicare & Medicaid Services (CMS).
Editorial process: AI-synthesized regulatory data, reviewed for accuracy by our editorial team.
Professional review: All content reviewed by Christopher F. Nesbitt, Sr., NH EMT & BU-trained Paralegal.
Last verified: June 18, 2026 · Our methodology
Broadway Nursing & Rehabilitation in SAN ANTONIO, TX was cited for violations during a health inspection on August 23, 2025.
The money came from his monthly Social Security direct deposit that arrived after he had already left the facility.
Health inspections identify deficiencies that facilities must correct. Violations range from minor documentation issues to serious safety concerns. Review the full report below for specific details and facility response.