Questions Surround State Agency in Wake of Autistic Man's Death

Hundreds of thousands of Americans suffer from developmental disabilities like cerebral palsy and mental retardation. In California, some of the most severely disabled are cared for at several state-run facilities with around-the-clock supervision.

But while the state spends about $300,000 a year on each patient, an investigation by Eyewitness News media partner California Watch has uncovered a pattern of abuse and neglect at the centers and a failure to hold staff and administrators accountable.

When he was a child, Van Ingraham was diagnosed with mental retardation and severe autism. As he grew older, his family found they could not cope with his disabilities.

"It became very clear that he was not going to be able to ever talk or function on his own, in society," said Larry Ingraham.

The Ingrahams turned to Fairview Developmental Center in Orange County. It's one of five state-run institutions in California for those with severe developmental disabilities, serving roughly 2,000 patients who need full-time supervision and care.

"We would go up and visit and Van seemed happy there," said Larry.

But one day in 2007, Larry Ingraham, a retired police officer, got a call that his brother Van had been rushed to the hospital.

"He was in ICU, intensive care, Hoag Memorial Hospital," said Larry. "I've seen a lot of bad sights in my life, but this is one of the worst."

The staff at Fairview Developmental Center said Van had simply fallen out of bed. But a neurosurgeon at the hospital said Van's injury was no accident.

"They said either your brother was bodysurfing at The Wedge in Huntington Beach and had a severe impact into the sand with a large wave, or somebody did this to your brother," said Larry.

Van Ingraham died as result of his injuries.

If Van had been an ordinary citizen, his death would likely have been investigated by local police. But California's developmental centers have their own in-house police force, hired by the same administrators who run the centers. In Van's case, those in-house police waited five days before interviewing potential suspects.

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Questions Surround State Agency in Wake of Autistic Man's Death

MN: Voter Eligibility for Guardianship Wards

Rep. Mary Kiffmeyer (R-Big Lake) sponsors HF2188 that would clarify voting rights with regard to those under guardianship. She said the goal is to ensure that individuals who are not competent to vote are denied eligibility, while competent individuals aren’t denied.

The impetus for the bill stems from a 2010 incident in Crow Wing County in which a group of mentally disabled adults were allegedly manipulated into voting by their caregivers. The father of one of the affected individuals claims in an affidavit that his son is not mentally competent to vote and thus should have been denied.

Under a 2003 law, individuals under guardianship are presumed to be eligible to vote unless a court declares them otherwise. Kiffmeyer’s bill would reverse this by delineating between individuals under “limited guardianship,” who would be presumed to be eligible, and those under regular guardianship, who would be presumed to be ineligible.

The House Government Operations and Elections Committee approved the bill and referred it to the House Judiciary Policy and Finance Committee. Sen. Paul Gazelka (R-Brainerd) sponsors the companion, SF1753, which awaits action by the Senate Local Government and Elections Committee.

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Voter Eligiblility for Individuals Under Guardianship

Lawyer Pleads No Contest to Felony Grand Theft

A Pismo Beach lawyer pleaded no contest to felony grand theft by embezzlement and is scheduled for sentencing in May.

William Peter Terhune II, 57, entered the plea before San Luis Obispo County Superior Court Judge Barry LaBarbara, who set sentencing for 8:30 a.m. May 10 in Department 2.

San Luis Obispo police began investigating Terhune’s law practice in 2010 after receiving reports he misappropriated funds from estates his office was administering.

Terhune, who specialized in estate planning, wills, probate, conservatorships and public benefits planning, subsequently was arrested for allegedly embezzling $275,000 from a single client.

Terhune initially pleaded not guilty to the charges before changing his plea this week.

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Pismo Lawyer Pleads No Contest to Embezzlement

Questions Surround Ex-Conservator's Cases

Attorney Zondra Hutto was assigned to be a conservator to hundreds of cases in Tuscaloosa County since 2005. She retired from the practice of law last year when allegations arose that a staff member used more than $20,000 of an elderly woman's money to buy gas, clothing, a designer purse and a trip to Mexico for himself and Hutto. She is now serving a three-month federal prison term for knowing about but not reporting the felony.

Zondra Hutto retired from the practice of law last year when allegations arose that a staff member used more than $20,000 of an elderly woman's money to buy gas, clothing, a designer purse and a trip to Mexico for himself and Hutto. She is now serving a three-month federal prison term for knowing about but not reporting the felony.

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Questions Surround Ex=Conservator's Cases

Judge Delays Extra Damages Hearing

A judge's decision on a punitive damages hearing and its defendants will wait until later this week in the estate recovery case of Tupeloan Florence Aldridge.

Late this morning, Chancellor Mike Malski heard agreement from all sides' attorneys that he should decide whether state Rep. Brian Aldridge will be brought back into the matter as it relates to punitive damages.

Brian's aunt, Florence, sued his parents, his Tupelo charity and him over her lost estate.

Full Article and Source:
Aldridge Update: Judge Delays Extra-Damages Hearing Until Decision on Brian Aldridge

See Also:
Judge to Decide on More Damages in Aldridge Case

Aldridge Couple Files Bankruptcy to Avoid Relative's Claims

Aldridges Back in Court Over Woman's Assets

Judge Irate Over Aldridge's Looting of Widow's Estate

Aldridge v Aldridge, Judge Sets August Trial

Bill to Allow Organ Farming From Unconscious Patients

Good grief! A Maryland state legislator has filed a bill that would allow surrogate decision makers to “donate” kidneys and liver lobes. From HB 449:

THIS SUBSECTION APPLIES ONLY TO A PATIENT WHO HAS BEEN CERTIFIED UNDER § 5–606(B) OF THIS SUBTITLE TO BE IN A PERSISTENT 8 VEGETATIVE STATE.

(3) A PERSON AUTHORIZED TO MAKE HEALTH CARE DECISIONS FOR ANOTHER UNDER THIS SECTION MAY AUTHORIZE THE DONATION OF A NONVITAL ORGAN IF THE DONATION IS BASED ON:

(I) THE WISHES OF THE PATIENT AS PREVIOUSLY EXPRESSED BY THE PATIENT; OR

(II) A DETERMINATION BY THE SURROGATE THAT THE DONATION IS CONSISTENT WITH THE PATIENT’S RELEVANT RELIGIOUS AND MORAL BELIEFS AND PERSONAL VALUES.

Unconscious patients would hardly seem to be in a state of health to permit such surgeries. But surely when people can’t make their own decisions, surrogates–as fiduciaries–must work solely for the medical benefit of the incompetent person.

I know people will say, “What if it is the patient’s child” or some such. But we can’t do it! We can’t treat incompetent patients as objects for the benefit of others.

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Bill to Allow Organ Farming From Unconscious Patients

Undercover 82-Year Grandma Catches Medicare Fraud

In the wake of an ABC News undercover investigation, federal authorities in Texas are investigating how an active 82-year-old grandmother was diagnosed as homebound, with a range of ailments that she did not have, including Type 2 diabetes, opening the door to potentially tens of thousands of dollars in Medicare payments for home health care, supplies and equipment she did not need.

A hidden camera recorded the undercover grandmother's visit to a doctor in McAllen, Texas, where she told the doctor and nurses she exercised regularly and, other than some hypertension and arthritis, was in excellent health.

"I've really enjoyed good health all my life, God's been good to me," the doctor was told by Doris Ace, the grandmother of ABC News producer Megan Chuchmach.

Yet the official certification sent to Medicare for home health care services indicate she was homebound and suffered from two internal infections, incontinence and needs "assistance in all activities, unable to safely leave home, severe sob," an abbreviation for shortness of breath.

On a patient referral form for home health care service, signed by the doctor, our undercover grandmother was also wrongly diagnosed with type 2 diabetes, even though she was not given a blood test which doctors say is the only way to authoritatively diagnose diabetes.

Full Article and Source:
Undercover 82-Year Grandma Catches Medicare Fraud

See Also:
NASGA's Third Open Letter to Congress: The Fleecing of Medicaid and the Taxpayer

TX Doc Accused of Bilking $375 Mil From Medicare, Medicaid

A Texas doctor has been charged with running a massive health fraud care scheme with thousands of fraudulent patients and intermediaries allegedly offering cash, food stamps or free groceries, to bilk Medicare and Medicaid of nearly $375 million.

A federal indictment unsealed Tuesday charges Jacques Roy, a doctor who owned Medistat Group Associates in DeSoto, Texas, and six others in an alleged scheme to bill Medicare for home health services that were not properly billed, not medically necessary or not done.

The scheme was the largest dollar amount by a single doctor uncovered by a task force on Medicare fraud, authorities said.

U.S. Attorney Sarah Saldana accused Roy of "selling his signature" to home health agencies that rounded up thousands of patients' names and billed Medicare and Medicaid for five years.

The indictment alleged that from January 2006 through November 2011, Roy or others certified 11,000 Medicare beneficiaries for more than 500 home health service agencies - more patients than any other medical practice in the U.S. More than 75 of those agencies have had their Medicare payments suspended.

Roy, 54, is charged with several counts of health care fraud and conspiracy to commit health care fraud. He faces up to 100 years in prison if convicted on all counts.

Full Article and Source:
Doc Accused of Bilking $375 Million From Medicare, Medicaid

See Also:
NASGA's Third Open Letter to Congress and the White House:The Fleecing of Medicaid and the Taxpayer

"First They Rob You...Then They Kill You"

There has been a rash of crimes committed in Pinellas County, Florida over recent years, and the problem is getting worse. Exploitation of the elderly is the principle crime, and it can be heart wrenching to witness.

These are people who are partially disabled, hurt and trying to heal from a wound, or suffering from a chronic disease that tortures them daily. These seniors need more care than the average person and sometimes aren’t completely clear mentally, or are too weak physically to take care of themselves totally.

They do make easy targets though. They can be preyed on without even knowing what is going on, but many times they do know, and are simply unable to do anything about it, or get any help from the outside to put an end to their misery. This cruelty usually starts with the intention of stealing from the elder victim, taking over all his physical and liquid assets, until he is financially bled dry. Though money and control over property is the main focus, the steps that have to be taken to acquire it all soon develops into horrific abuse.

This doesn’t mean that the elder person is alone, or without friends and family. It means they are not permitted to have company other than the court appointed guardian and who ever that person decides can see their ward.

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First They Rob You...Then They Kill You

Senator Gillibrand Promotes Legislation to Help the Aging

The growing number of senior citizens in the North Country will benefit from programs in the Older Americans Act that U.S. Sen. Kirsten Gillibrand of New York is supporting in the Senate, the Albany-area native and Democrat says.

According to Census Bureau figures cited by Gillibrand, 7,529 people in St. Lawrence County will reach 60 years old in the next five years. Her report says that there are now 21,907 people 60 or older in the county.

“When seniors stay in their homes and maintain their independence, they live longer, healthier, happier lives, and taxpayers save millions,” said Gillibrand, a member of the Senate’s Special Committee on Aging. “From opportunities to continue living independently, to access to better nutrition, empowering our seniors with better financial literacy and protecting them from abuse, these are the priorities I will be fighting for to ensure the Older Americans Act works for New York’s seniors.”

Gillibrand, who is running for re-election this year, says her priorities include providing better aging-in-place opportunities so more seniors can get the care they need in their own homes instead of moving to costly nursing homes, providing more effective financial literacy services, improving nutrition, and preventing elder abuse.

Source:
Sen. Gillibrand Promotes Legislation to Help Aging

CO: Speaking Up for Abused Seniors

The graying of America is a long-established trend that has given rise to something more sinister and repugnant -- an increase in abuse of the elderly.

A bill pending in the Colorado legislature would require county workers who come in contact with this vulnerable population to have criminal background checks. It would also establish a task force to study reporting of mistreatment and service provision for older residents.

It's a good measure designed to protect the aging, but we think it could be better.

The measure falls short of requiring something the state has needed for quite some time -- mandatory reporting of suspected elder abuse.

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Denver Post: Speaking Up for Abused Seniors

Following Benjamin Alfano's Money...

I don't know if there will ever be a final accounting in the passing of Benjamin Alfano.

But I have a copy of the final bill.

And Ben Alfano is still picking up the tab for the fastidious services rendered in his name by the Oregon Department of Veterans Affairs, guardian Chris Farley, attorney Richard Pagnano and Oregon's Department of Justice.

Follow the money? That is a particularly painful journey in the Alfano case because it is difficult to believe the 72-year-old veteran would have wanted so much of his estate -- which totaled $407,000 in August 2010, six months before his death -- to be invested in the legal battle with his four youngest children.

Once ODVA was named Alfano's conservator in 1998, the agency charged him a 5 percent "conservatorship fee" on his various sources of income, including his VA pension.

"It was never our contention their fees were unreasonable," said Steven Alfano, Ben's son. "It was our contention that if you're getting paid, you should do the job right. If you do it the wrong way, then we'll object."

And when the children objected -- to the ODVA's campaign for a professional guardian or that guardian's decision to move their father out of the assisted living center he loved -- ODVA fought back with their father's money.

In the ODVA's September 2011 "final accounting" of Alfano's estate, the agency lists total disbursements of $188,121 in the past year.

True, more than $55,000 was paid out to Raleigh Hills Assisted Living and Ana Coco, Alfano's personal caregiver. The bill for the cemetery plot and funeral home topped $15,000.

The rest of the money?

$26,784 to Farley's firm, Farley Piazza & Associates.

$27,642 to the law firm of Cartwright Whitman Baer, home to Farley's attorney, Sibylle Baer.

$19,022 to the firm of Richard Pagnano, Alfano's court-appointed attorney.

$2,302 for conservator fees.

$23,876 for ODVA's "attorney general fees," meaning assistant attorney general D. Kevin Carlson. (In the previous year, by the way, Carlson billed Alfano's estate $21,762 for "reasonable legal fees." Pagnano's firm rang up $28,184 in charges, much of that for the contested hearing in which Washington County Circuit Judge Rita Batz Cobb appointed Farley guardian.)

In Alfano's final year on the planet, in other words, the lawyers, conservator and guardian collected more than $99,600 to "defend" his interests. Throw in those 2009 legal fees and the bill exceeds $149,500.

But that's not the worst of it.

Of the $262,000 that remains in Ben Alfano's estate, Carlson is asking the Washington County court to "reserve" $120,000 in anticipated legal fees for the ODVA and Farley.

Full Article and Source:
Following Benjamin Alfano's Money

See Also:
Benjamin Alfano's Final Weeks Spent in Isolation

Editorial: Restaurant Battle Provides Useful Lesson

The family dysfunction leading to the sale of the Victor Café, the South Philadelphia landmark where your waitress is likely to sing you an aria, offers a cautionary lesson about the elderly and their finances.

You could write an opera about it, with this tragic plot:

Café owner Lola DiStefano, 89, didn't talk much with her six children about her estate and wound up transferring the landmark café to an attorney she barely knew. For about three years, her children squabbled, as many do, over what was best for their mother. One daughter placed DiStefano in an assisted-living facility, saying her mother had started a fire in her home, left gas burners on, fallen, and gotten lost. The daughter accused her siblings of bleeding her mother's assets dry.

Another daughter took DiStefano out of the assisted-living facility and introduced her to the lawyer who wound up getting control of the restaurant. Yet another daughter said her sister had fired her from the restaurant. Ultimately, the youngest son gained control of the restaurant to take the burden off DiStefano and assure her an income. But this result came after years of wrangling, and a fortune spent on lawyers.

Elder-care experts advise parents to talk to their children at length about their assets and intentions while they are lucid, but also have a will, and let everyone know what's in it to avoid confusion.

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Inquirer Editorial: Restaurant Battle Provides Useful Lesson

Four South Jersey Nursing Homes Get Low Marks

Four nursing homes in South Jersey are among 564 nationwide that for the past three years have received a one-star government rating — the lowest in a five-star rating system.

The results are based on a USAToday analysis that reviewed ratings for 15,700 nursing homes by the federal Center for Medicare and Medicaid Services. The percentage of homes assigned only one star of a five-star system fell to 35 percent from 40 percent while the number of four-and five-star rated homes rose.

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Four South Jersey Nursing Homes Get Low Marks

Frivolous Charges: The Secret Life of the Gary Harvey Case

Attorneys are paid to find excuses why cases are not worthy of consideration, so motions to dismiss are not uncommon or unexpected. However, in the case of Gary Harvey, it can become quite amusing to find attorneys claiming there is no basis for accusation presented in behalf of the ward of the court by his wife Sara.

Where do these people get off thinking that Sara is a non-issue and her concerns frivolous as she strives to look out for his best interest, while it appears the others have let him down? More importantly, where do they get off thinking the court, especially “all” courts, should agree with them?

My understanding is that there is a standing court order that Sara is to be kept abreast of all medical decisions related to her husband, and yet she hasn’t been; not readily so. I guess court orders are only considered relevant when the finding is considered so by the other side–the side that has ganged up against her and therefore ganged up against Gary.

In all the years that I have been aware of and following the Harvey case, I’ve tried to figure out how “the other side,” court & pals have justified so many things that have occurred. I’ve failed.

I ask myself what possible good can come from Gary Harvey’s isolation. How does it benefit him? What am I missing? I haven’t a clue.

How was Gary Harvey considered safe behind a closed door, when he cannot call for help if in distress? Common sense would suggest otherwise, no matter how the other side might protest.

It’s too traumatic for Gary to travel to be evaluated by experts, but okay to keep making those surgery & infection runs? I’m to believe this? Would any be surprised to learn that I don’t?

What is the secret life behind the Gary Harvey case?

What goes on behind the closed doors and what makes it so important to punish Sara & Gary Harvey?

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Frivolous Charges: The Secret Life of the Gary Harvey Case

Nursing Facility Sued Over Resident's Alleged Brain Injury

The son of an elderly St. Clair County woman says his mother was left with a severe brain injury because she was neglected by her East St. Louis nursing home.

Willie Burns, as guardian of the estate and person of Annie L. Burns, filed a lawsuit Feb. 14 in St. Clair County Circuit Court against Virgil Calvert Nursing & Rehabilitation Center Inc.

Willie Burns says his mother was a resident of the Virgil Calvert Nursing and Rehab Center from May 2008 through April 2010. He says that during that time, Annie was allowed to fall several times while under the direct supervision nursing home staff, even though workers allegedly knew Annie was a likely fall victim.

When his mother did fall, Willie Burns claims the nursing home staff or administrators did not notify him or Annie's doctor in a timely fashion.

In April 2010, Annie was admitted to St. Louis University Hospital with several brain injuries allegedly caused by her frequent falls. Willie accuses the nursing home of abusing and neglecting his mother, violating Illinois' Nursing Home Care Act. He seeks more than $50,000 in damages, plus court costs, on behalf of his mother.

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Virgil Calvert Sued Over Resident's Alleged Brain Injury

Group Home Worker Indicted

Melinda Burns, 25, was indicted by a Hunterdon County Grand Jury on Feb. 16 on a charge of theft by unlawful taking, third degree.

Burns was a group home employee and allegedly stole money from the bank account of a woman entrusted to her care.

An investigation by Delaware Township police and the county Prosecutor’s Office was launched in April after a discrepancy was found in the woman’s financial records, said Patrolman Mark Kobner.

He said that Burns worked full-time at the group home, which he declined to identify, and provided care for the young woman, who was born with a syndrome marked by physical, mental and behavioral problems.

Full Article and Source:
Group Home Worker in Hunterdon Indicted on Charge of Stealing From Woman in Her Care

Benjamin Alfano's Final Weeks Spent in Isolation

Benjamin Alfano, in the end, had MS and dementia. While he never lost his passion for gnocchi, he often forgot what he ate for breakfast.

Chris Farley, his court-appointed guardian, was characteristically blunt: Ben, she wrote, was "completely unable to act in his own best interests. He lacks the judgment and insight to keep himself from harm."

Yet one month after Farley shipped the 72-year-old amputee to Park Forest Care Center for Christmas, Alfano did what anyone in his right mind would do:

He bolted.

In one last desperate grab for freedom, Ben scurried out the door of the dour nursing home on his scooter, racing down four blocks of Northeast Beech Street before the care center posse reined him in just shy of 82nd Avenue.

One week later, Alfano was locked away in the Alzheimer's unit at Powell Valley in Gresham.

Four weeks later, he was dead from a shattered heart.

The loneliness and isolation Ben Alfano endured in those final weeks still haunts his four youngest children, given that it was engineered by the Oregon Department of Veterans' Affairs and their father's court-appointed guardian and lawyer.

In the four years Alfano lived at Raleigh Hills Assisted Living, those children -- Steven, David, Mary and Lisa -- were faithful stewards. Judy Bridges, the Raleigh Hills administrator at the time, said the sons were particularly devoted: "They were always there. Steven always took Ben to his appointments. Steven made all the arrangements, not the VA."

Richard Pagnano, Ben's court-appointed attorney, and Farley, the guardian, didn't believe that involvement served their client's interests. In February 2009, Pagnano wrote letters to Ben Alfano's doctors warning them not to disclose medical information "to any third parties, including the former temporary guardian, Steven Alfano."

Full Article and Source:
Steve Duin: Benjamin Alfano's Final Weeks are Spent in Isolation, Cut Off from His Family (Part 2)

See Also:
The Story of Benjamin Alfano and the Debate of Who Controls End-of-Life Decisions

With Alzheimer's, Dementia on the Rise, More Family Members Step Up as Caregivers

Those working on the front lines of the fight against Alzheimer's and dementia see an out-of-control truck veering toward the American population. And they're concerned that too few people seem to notice it.

There are now 5.4 million Americans with Alzheimer's and estimates say that will double by the year 2050. Closer to home, there were about 20,000 diagnosed dementia patients in South Central Wisconsin in 2010, and that will jump by about 4,000 by 2025.

It's not just the people with dementia who are cause for concern. There's the question of who is going to take care of them.

Tracy Earll, executive officer of the Alzheimer's Association of South Central Wisconsin, said it takes an average of three people to care for one patient each day, "And it's a 36-hour-a-day job."

There are now 15 million unpaid caregivers, mostly family members, and twice that number will be needed by 2050 when baby boomers are in their last years. Equally ominous is dwindling government support to help families provide care.

"This situation could cripple the Medicare system," Earll said. "The drugs (to treat Alzheimer's) are not very good at all. If there's no cure in 20 years this will be extremely, impossibly expensive."

So while money for research is being chased, others are working to help the unpaid caregivers cope with the job they didn't sign up for, and are usually poorly equipped to handle. One such source is the Alzheimer's & Dementia Alliance of Wisconsin, which provides education and support from the beginning to the end of what they call "the journey."

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With Alzheimer's, Dementia on the Rise, More Family Members Step Up as Caregivers

AZ: Senior Citizen Abuse Under Investigation

A 73-year-old Phoenix man has been accusing of sexually abusing a woman at the Paradise Valley Senior Center.

Eduardo Ravasco is facing two counts of sexual abuse. According to court documents, he touched a woman underneath her clothes without her consent while she was seated inside the library at the Paradise Valley Senior Center on Monday.

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Senior Citizen Abuse Under Investigation