November 18, 2008

Wisconsin Nursing Home Worker Charged Sexual Assault Charges

Kurt Johnson, 49, faces three counts of second-degree sexual assault for fondling three patients. Johnson worked at Golden Living Center - Wisconsin Dells as a nursing home worker. In 2007, three co-workers reported seeing him fondle three patients' breasts between September and December 2007. Two of the assaulted patients were patients in the Alzheimer's unit.

Johnson faces up to 120 years in prison and a $300,000 fine.

November 9, 2008

Why are U.S. Nursing Homes Eligible for Bonuses Despite Violations?

Why are U.S. nursing homes eligible for bonuses despite violations? Thirty-six states have eighty-one bonus programs for quality-of-care. These bonuses are taxpayer funded and are approved by the Centers for Medicare and Medicaid Services - the same watchdog that investigates and cites facilities for federal and state regulation violations. Interestingly, a nursing home facility can receive these bonuses despite receiving violations for health and safety standards.

The Des Moines Register reviewed eight bonus programs in seven states. These states do not disqualify a facility from receiving a bonus that is directly related to quality of care if it has received violations for state or federal regulations. A prime example is Grace Living Center in Norman, Oklahoma. This facility received nearly $96,000 in bonuses in the past year and apparently is considered a "five-star" nursing home by the State of Oklahoma. Ironically, federal records show that the facility has been cited for more violations than is the state and national average. Additionally, Medicare ranks the facility as below average on eleven of the nineteen national quality measures. A Eufaula, Oklahoma nursing home scored zero on a scale of one to five for compliance with federal and state regulations, but Oklahoma's Focus on Excellence program awarded the owners with a $50,000 bonus after the program gave the facility "three stars".

The Register also reported that sixteeen of twenty-three Iowa facilities that received major fines last year qualified for bonuses from Iowa's Medicare-Medicaid program. Two of the facilities were on the federal list of the nation's worst nursing homes and a third facility had been threatened with loss of license for substandard care. Iowa officials have since begun revising the program. Today, homes that have caused "actual harm" to residents are to receive smaller bonuses and homes that have put residents in "immediate jeopardy" of death or injury are ineligible for bonuses.

The Iowa Department of Human Services tried to do away with the bonus program last year. They felt that the state should not pay nursing homes additional funds to do what is expected of them. The bonuses will continue at least through June 2009.

The Centers for Medicare and Medicaid said that the law does not require that Medicaid-funded bonuses be linked to quality of care and therefore, the agency cannot require it.

October 21, 2008

Nursing Home Aide Charged with Sexual Abuse of Coma Patient

Mark Albright, a former employee of Chesapeake Health and Rehabilitation Center in Chesapeake, Virginia, was recently indicted on a charge of aggravated sexual battery of a 43 year old comatose patient at the facility. A police affidavit states that a female employee entered the patient's room to perform nightly medical duties when she observed the suspect with his mouth on the woman's breast. The patient had been a resident at the facility for approximately one year.

October 21, 2008

New York's Attorney General To Use Hidden Cameras at Buffalo Nursing Homes

We have previously discussed New York's use of hidden cameras to reveal abuse and neglect in some New York care facilities. Now, New York Attorney General Andrew Cuomo is taking "granny cams" to the Buffalo area to help crack down on abuse and neglect at Buffalo nursing facilities. Cuomo's office was the first to use video camera surveillance at trial, which led to the conviction of several nurse aides and an owner of a nursing home on charges of nursing home abuse and neglect.

The cameras, used only with family permission, have revealed horrific abuse in the past, such as:

- failing to hydrate an immobile patient and leaving him in his own waste for nearly a day;
- failing to turn and position an immobile patient, leaving the resident at risk for bedsores;
- failing to shower a resident twice a week as required; surveillance tapes revealed that the resident had not been showered for over a week;
- failing to perform range of motion exercises, leaving the resident at risk of muscle contraction;
- leaving a comatose patient in waste for hours, while suffering from skin lesions, and not receiving proper care for his feeding tube; tragically, there were over forty occasions when the resident was not washed after an incontinent episode;
- caregivers sleeping, watching movies, or leaving the facility during shifts;
- falsifying records to conceal neglect; and
- only using one caregiver to transfer a bed-ridden patient to and from a wheelchair with a Hoyer lift that required the use of two caregivers, striking the resident's head on a side rail.

Cuomo used surveillance tapes from Medford Multicare Center and arrested four employees for dangerous neglect and further arrests are anticipated due to the ongoing investigation. To date, surveillance tapes have led to the convictions of 26 employees of various facilities.

October 16, 2008

Oklahoma Working Toward Changing Nursing Home Abuse Reporting Practices

On July 11, 2008, Carol Crow was found with two black eyes and covered with bruises on her face, neck, and shoulders. The facility workers told Mrs. Crow's family that she had gone into her room and fell, but Mrs. Crow told her family an entirely different story. Mrs. Crow alleges that a man knocked her down, got on top of her, and beat her until she was unconscious. While Mrs. Crow does have early onset Alzheimer's disease, she was very clear about what happened to her.

Jack Crow, Carol's husband, is working with a group known as A Perfect Cause to change nursing home abuse reporting procedures. He is supported in his efforts by both the Oklahoma attorney general and the Oklahoma County district attorney's office.

Current Oklahoma statutes call for someone who suspects abuse or neglect is occurring at a state facility to report it to the Department of Human Services or the Sheriff's Department. Both the district attorney and the attorney general's office believe that the police should be called first. "When you have a crime scene, there is evidence," said Scott Rowland of the Oklahoma County district attorney's office.

To read more on this, go to Supporters Want Suspected Cases Reported to Police First.

October 9, 2008

Man Sentenced for Sexual Assault at West Virginia Nursing Home

Roy Reed Shelton was sentenced to one to five years in prison for sexually assaulting a 57 year old female resident of the Dora Allietta Memorial Home in Moundsville, West Virginia last year. He pled guilty to third-degree sexual assault, second-degree sexual abuse, and indecent exposure. Sheldon said the sexual relationship was consensual, but authorities contend that the woman has the mental capacity of a two year old.

Shelton lived at the facility with his wife, who worked there, but the facility has since been shut down after authorities determined that the residents were not properly cared for.

October 4, 2008

Philadelphia Man Charged with Sexual Assault of Dying Nursing Home Patient

Timothy Patrick White, 46, has been charged with fifteen counts of rape and related charges in the sexual assault of a dying 70 year-old nursing home resident suffering from Alzheimer's disease and a brain tumor. Reportedly, White took the victim, who has less than six months to live, from the Manor Care Nursing Home in Philadelphia, Pennsylvania on July 22, 2008 and took her to a bar for rum and cokes and then to Cobbs Creek Park, where they drank beer until 5:30 a.m. When he returned the victim to the nursing home, nursing home staff noticed that the victim was not wearing any underwear and had bruises on her mouth, neck, and arms. White was not wearing a shirt and his pants were unbuttoned. He told facility staff that he was "a friend of hers" and drove away. The victim had no idea of what had happened due to her decreased mental capacity and was unable to give consent. At this point, it remains unclear as to how White was able to remove the victim from the facility. Nevertheless, DNA samples taken from White match DNA recovered from the victim.

October 1, 2008

New York Nursing Home Aide Charged with Sexual Abuse

Robert Gundersen, a nursing home aide employed by Northeast Nursing Staff Service, L.L.C. of Glenmont, was assigned to work at the Eddy Ford Nursing Home in Cohoes, New York in August and September 2008. On September 2, 2008, Gundersen forcibly kissed the wheelchair-bound resident suffering from Multiple Sclerosis and put his tongue in her mouth. Due to her condition, she was unable to push him away from her. Gundersen was arrested and charged with first degree sexual abuse and forcible touching. He faces up to seven years in prison and would have to register as a sex offender.

September 30, 2008

94% of Nursing Homes Violate Resident's Rights

A recent report published by Daniel R. Levinson, the Inspector General of the United StatesDepartment of Health and Human Services has revealed staggering deficiencies in our nursing home system. Ninety-four percent of nursing homes nationwide were cited for violations of federal health and safety standards in the last year. Seventeen percent of the facilities had deficiencies that caused "actual harm or immediate jeopardy" to patients. In the past year, 37,150 complaints concerning nursing home conditions were filed and 39% of those complaints were substantiated. Complaints included problems such as infected bedsores, medication errors, poor nutrition, and abuse and neglect of our most vulnerable citizens.

Problems were more likely to be found in for-profit homes and approximately two-thirds of our nation's nursing homes are owned by for-profit companies. Twenty-seven percent of nursing homes are owned by nonprofit organizations and a mere six percent are owned by government entities. Ninety-four percent of the for-profit facilities were cited with deficiencies, while eighty-eight percent of nonprofit homes and ninety-one percent of government homes were cited.

Daniel Levinson issued a compliance guide for nursing homes that states that some homes "have systematically failed to provide staff in sufficient numbers and with appropriate clinical expertise to serve their residents". Cases were found where nursing homes billed Medicare or Medicaid for services that were not provided or were so poorly provided that it "amounted to no care at all". As Medicare pays a fixed daily amount for each nursing home resident and facilities with severely ill patients receive a higher payment, some nursing homes had erroneously classified patients or exaggerated their illnesses in order to claim a larger payment.

In December 2008, the Bush Administration will begin utilizing a Five Star System to rate the standard of care, with five stars being the best care. These rankings will be published on a federal web site.

September 23, 2008

Rhode Island Nursing Assistant Faces Sexual Assault Charges - UPDATE

We discussed the case of a Rhode Island nursing assistant accused of sexual assault in our previous blog. Matthew F. Doyle, 24, was charged with the sexual assault of a 69 year old Alzheimer's patient at the St. Elizabeth Home in Rhode Island on July 28, 2008. A grand jury has charged Doyle with two counts of first degree sexual assault and he has been ordered held without bail.

Sexual abuse in nursing homes across America is an appalling problem. Often, nursing home corporations, more interested in turning a profit than a thorough background check on employees, will overlook problems with current or prospective employees. This practice ultimately places the residents at risk of becoming victims of physical and/or sexual abuse.

Unfortunately, the problem of sexual abuse of nursing home residents is far more common than anyone would believe. Nursing home corporations should do everything they can to protect their residents from this type of predator. When incidents such as this occur, prosecutors should seek the harshest penalty available.

September 22, 2008

Abuse at Minnesota Nursing Home Makes "Work Fun" - UPDATE

We have talked about the appalling situation that occurred at the Good Samaritan Society of Albert Lea in our blogs of September 19, 2008 and September 16, 2008. This is the facility where four teenage nursing assistants verbally, sexually, and emotionally abused the residents. The abuse ranged from spitting in a resident's mouth, groping of genitals, hitting and/or touching residents in the breast or genital area, sitting on the lap of a female resident in a wheelchair with bare buttocks, sticking fingers in mouths or noses to keep residents from screaming, and taunting them.

We can now report that the Minnesota Attorney General's Office will be prosecuting two of the four teens who participated in the abuse. Two of the abusers were adults at the time the abuse occurred and, as such, will be prosecuted by the State of Minnesota. The other two individuals were 17 at the time they chose to abuse these residents and are considered juveniles under the law. They will be prosecuted locally.

September 19, 2008

Abuse at Minnesota Nursing Home Makes "Work Fun" - UPDATE

We discussed the tragic verbal, sexual, and emotional abuse of elderly residents on our blog on September 16, 2008. You will recall that this was the case where four teenage girls mercilessly abused elderly residents of the Good Samaritan Society of Albert Lea and were only detected when another employee turned them in. The abuse rendered by these employees ranged from spitting in a resident's mouth, groping of genitals, hitting and/or touching residents in the breast or genital area, sitting on the lap of a female resident in a wheelchair with bare buttocks, sticking fingers in mouths or noses to keep residents from screaming, and taunting them.


The Minnesota Attorney General has decided to become involved in this case. The Attorney General's Office contacted Freeborn County Attorney Craig Nelson offering help and resources. Mr. Nelson stated that he will be availing himself of the resources and will seek a specialist for consultation. Charges are expected to be formulated by the end of this week.

September 16, 2008

Abuse at Minnesota Nursing Home Makes "Work Fun"

Verbal, sexual, and emotional abuse makes "work fun". At least, that's the opinion of four teenage girls employed as nursing home aides at the Good Samaritan Society facility in Albert Lea, Minnesota.

Residents targeted for the abuse suffered from Alzheimer's disease, dementia, or similar disease. The residents were targeted because "they don't have their minds". To "make work fun or to get a good laugh", the accused aides would close the curtain by the resident's bed to remain unseen. The abuse rendered by these employees ranged from spitting in a resident's mouth, groping of genitals, hitting and/or touching residents in the breast or genital area, sitting on the lap of a female resident in a wheelchair with bare buttocks, sticking fingers in mouths or noses to keep residents from screaming, and taunting them.

The abuse, which went on for months, was revealed to the facility by a fifth employee in her exit interview on May 2, 2008. She stated that she didn't report the abusive behavior sooner due to fear of reprisals by the other employees. The Albert Lea Police Department has conducted a separate investigation and has recommended that Freeborn County Attorney Craid Nelson bring charges against the girls. The girls also face possible inclusion on the state abuse registry for their actions.

September 15, 2008

Fairness in Nursing Home Arbitration Act 2008 - One Step Closer in Protecting Nursing Home Residents

Many nursing homes across America are trying to force residents and their families into arbitration when they have legitimate claimor nursing home abuse or wrongful death. The arbitration provisions are often buried into the admission agreements. For the most part, they are clearly designed to reduce the liability faced by the nursing home after it has negligently failed to care for a resident. After many legal battles, it appears that the federal government is poised to correct the abuse of power.

The Fairness in Nursing Home Arbitration Act of 2008 bill was approved by the Senate Judiciary Committee yesterday. The bill was designed for the express purpose of the rights of nursing home residents to hold nursing home facilities legally accountable for negligence and abuse.

Currently, disputes that arise between residents and facilities are governed by arbitration agreements contained within the admission paperwork. Once signed, the residents give up their right to hold the facility accountable for negligence and/or abuse that could result in injury or death for the resident. If a dispute arises, the resident is automatically forced into mandatory arbitration with the facility. As the arbitration agreement requires that the process is completely confidential, the facility never faces any public accountability for the damage that has taken place. The current bill pending will prevent eliminate the nursing home corporations' bargaining power through mandatory arbitration. Instead, arbitration will remain an option while leaving open the legal avenue for residents to pursue.

To read more concerning this matter, go to Senior Citizens Move Closer to Right to Hold Nursing Homes Accountable for Neglect, Abuse

September 14, 2008

Rhode Island Nursing Assistant Faces Sexual Assault Charges

Matthew F. Doyle, a 24 year old former nursing assistant at St. Elizabeth Community in Providence, Rhode Island, faces sexual assault charges stemming from a July 28, 2008 incident. In the alleged incident, Doyle is accused of assaulting a 69 year old woman suffering from advanced Alzheimer's disease. A grand jury handed up an indictment on Thursday, September 11, 2008 charging Doyle with two counts of first degree sexual assault. He is currently being held at Adult Correctional Institutions.

September 14, 2008

Nurse Aide Denies Involvement in Sexual Assault at Nursing Home

Nurse's Aide David Payne pled not guilty to two counts of First Degree Criminal Sex Act during his recent arraignment in City Court on September 9, 2008. Mr. Payne has been charged with sexually abusing an 89 year-old nursing home resident at Niagra Rehabilitation and Nursing Center in Niagra Falls, New York and may face possible additional charges as well. He is also a suspect in possible sexual assaults in nursing homes in both Lewiston and Ransomville, New York.

Mr. Payne was caught getting out of a patient's bed by another nurse's aide. The aide asked the resident if she was ok and the resident replied "No." The resident said that Mr. Payne entered her room, took off his pants, and sexually assaulted her. Mr. Payne reportedly told the victim that a doctor wanted to see her, but she never saw a doctor. Mr. Payne alleges that the patient's bed alarm was going off and he was readjusting it for her safety.

We will continue to follow this story.

September 3, 2008

Justice Served: Nursing Home Sexual Abuse Predator Does Time

A Salt Lake City man pled guilty to forcible sex abuse stemming from his July 2007 sexual abuse of an 85 year-old South Salt Lake nursing home resident. Jacob M. Bolith, 31, received the maximum sentence - 15 years in prison - for the second-degree felony. The victim's daughter called Bolith's actions "unconscionable" and believes that Bolith "deserves castration".