Saturday, August 23, 2014

Federal Suit Claims Family Members Were Banned From Mom's Nursing Home Over Social Media Posts

The children of a patient in a nursing home in Sugar Land, Texas, have sued the facility, alleging that they can't visit their mother there because they have been banned over their social media posts.

The plaintiffs say Silverado Senior Living had no valid reason for the ban, which was imposed in a letter sent by the nursing home's lawyer, reports the Southeast Texas Record. They say the ban prohibits them from visiting unless and until they remove postings that depict their mom or other residents.

However, the nursing home describes the postings as “exploitive and invasive materials which also violate the privacy rights of other Silverado residents," says the plaintiffs' civil rights suit (PDF), which was filed in federal court in Houston on July 29.

State-court filings show that the three plaintiffs in the federal case have been involved in a Harris County probate court battle with two other siblings who have been overseeing their mother's care and finances under the authority granted by a power of attorney. The three plaintiffs question the validity of that power of attorney and take issue with the way their two siblings have been handling their mother's affairs.

In the federal complaint, the plaintiffs note that the nursing home's attorney also called for them to refrain from any further social media postings until the state-court litigation is resolved.

The federal suit alleges the Silverado defendants violated the plaintiffs' constitutional rights by retaliating against them for activities by their attorney that are protected by the Americans with Disabilities Act.

Although the nursing home is described in the complaint as a corporation rather than a government entity, the suit alleges that the plaintiffs' First, Fifth and Fourteenth Amendment rights were violated by the social-media ban and their resultant fear of arrest should they attempt to visit their mother. It seeks compensatory and punitive damages and attorney's fees.

Federal Suit Claims Family Members Were Banned From Mom's Nursing Home Over Social Media Posts

See Also:
Plaintiff's 3rd Amended Application for Temporary Restraining Order and Temporary Injunction

Silverado Senior Living Sued for False Imprisonment and Battery of Elderly

Deaths in 2 Senior Homes Highlight Sharp Rise in Abuse, Neglect

Staff members at two Minnesota homes for elderly people failed to provide adequate medical care and monitoring, resulting in the deaths of two residents, according to investigation reports released Thursday by the Minnesota Department of Health.
The fatalities come amid a sharp rise in reports of abuse and neglect at homes for senior citizens across Minnesota. The number of maltreatment complaints received by state authorities involving nursing homes, home care and assisted-living facilities nearly tripled to 1,217 in 2013 from 451 in 2010, according to a report issued last month by the Department of Health.
In the latest reports, an elderly resident with dementia was not provided with any fluids, food or monitoring for more than 18 hours in May because staffers at the home, Summit Hill Senior Living in St. Paul, were unaware that the client had been transferred to the facility’s “memory care” unit. The resident was found on the toilet with multiple abrasions and died the following morning, state investigators found.
In another case, a nursing assistant at Boundary Waters Care Center in Ely, Minn., stopped providing oxygen to a resident who was having difficulty breathing and then sent the resident in a nonemergency transport van to an appointment more than two hours away. The resident later died of cardio-respiratory arrest.
Elder care advocates attribute the increase in the number of complaints to better reporting, poor staffing levels and heightened public awareness of senior abuse.
In an unusual move, the state Department of Health in June seized control of Camden Care Center, a Minneapolis nursing home, after inspections turned up more than 80 infractions, many of them serious. Regulators found that two residents required hospitalization after accessing drugs or alcohol while under the facility’s care, among other violations.
“It’s really disturbing to see the numbers of complaints going up,” said Iris Freeman, director of the Vulnerable Adult Justice Project at William Mitchell College of Law. “It could be a measure of stronger action on the part of people who suspect they are observing abuse.”
In response to rapid growth in the senior care industry, the Department of Health has roughly doubled its investigative staff to 20 people over the past five years.

Brevard County Judge John C. Murphy Could Face Discipline after Scuffle

A state investigative panel has given notice that a Brevard County judge could face disciplinary action for a highly publicized scuffle with an assistant public defender in June.

The panel of the Florida Judicial Qualifications Commission on Wednesday issued what is known as a "notice of formal charges" against Judge John C. Murphy and said he could face allegations of violating the state's code of judicial conduct.

Murphy drew national attention after a videotaped dispute with Assistant Public Defender Andrew Weinstock.

The dispute stemmed from Weinstock's refusal to waive a speedy trial for a client.

Wednesday's notice recounted Murphy's use of profanity and challenging Weinstock to a fight.

"If you want to fight, let’s go out back and I’ll just beat your ass,'' Murphy said at one point.
The judge and attorney went into a hallway, and sounds of scuffling could be heard on a courtroom recording, the notice said. Murphy has 20 days to file a written response.

Full Article, Video and Source:
Brevard County Judge Could Face Discipline After Scuffle
READ the full complaint

See Full Video Leading to Incident

Judge Releases Revised Financial Records

Lorain County Common Pleas Judge James Burge has corrected his annual financial disclosure statements, which he acknowledged last week contained numerous errors.

In documents mailed to the Ohio Supreme Court’s Board of Commissioners on Grievances and Discipline, Burge acknowledged 43 separate mistakes he said he made in filling out the forms for the years 2007 through 2013.

Burge said he went back through his disclosure statements after a review by The Chronicle-Telegram showed there was inaccurate information about his family’s connections to Whiteacre North Ltd., which owns a Lorain office building at 600 Broadway.

The judge called the incorrect information he filed mistakes.

“I had the same problem that I had putting together my children’s Christmas toys; I don’t read directions well,” Burge said.

Failure to properly fill out the financial disclosure statements, which are designed to reveal possible conflicts of interest, can open up a judge to possible misdemeanor criminal charges and ethics violations.

Full Article and Source:
Judge Releases Revised Financial Records

Friday, August 22, 2014

TX: New Rules for Elder Care Facilities After KXAN Investigation

KXAN’s Investigation into alleged sexual assaults at an Austin assisted living facility has triggered coming changes to help better protect your elderly loved ones.  In May we first told you about the allegations Longhorn Village, a retirement community and assisted living center created by the University of Texas Alumni Association – the Texas Exes. During our investigation the Texas Department of Aging and Disability (DADS) services admitted it broke state law in the course of its investigation of the allegations.

We discovered that despite having a court ordered guardianship stating she was mentally incapacitated and incapable of making her own decisions, DADS investigators didn’t have it before determining the sexual assault allegations were unsubstantiated.  Neither Longhorn Village nor DADS reported the allegations to law enforcement, as required by state law.

Now, because of what we uncovered, elder care facilities in Texas will be required to keep guardianship orders on file for residents who have them.

“We are going to have positive change,” said state representative Elliot Naishtat, who saw our story and took immediate action. Naishtat is the Vice Chairman of the House Committee on Public Health and also sits on the House Committee on Public Health and House Committee on Aging. He says since our investigation aired he has been in discussions with top officials at the Texas Health and Human Services Commission (HHSC) and DADS.

DADS, which oversees elder care facilities in Texas, will also have new marching orders.

“Any investigator or case worker who has a situation where there are concerns about the resident who has been abused or neglect will be able to go to the file and see whether or not letters of guardianship have been issued for this individual and then to act accordingly,” said Rep. Naishtat.

First, DADS will direct facilities to keep guardianship orders in a resident’s file.  Then the state will adopt new rules officially requiring it.  Representative Naishtat says he will introduce a bill in the upcoming legislative session proposing penalties for those who don’t follow the new rules.

“We support the idea of having some notation on a medical record that a person has a guardian,” said DADS spokesperson, Melissa Gale.

But does that go far enough?  For the alleged victim in our investigation, maybe not.  Her family alleges in a lawsuit against Longhorn Village that a male resident sexually assaulted her there in 2012.  The suit also alleges staff did nothing to protect her even though she had a guardianship order.

DADS reopened the case after our investigation and finally reported the allegations to law enforcement, but again determined the allegations to be “unsubstantiated.”

“The facility believed it was protecting this resident’s rights,” said Gale, “…the right to engage in a relationship.  The right to privacy and independence,” she continued.

“Even though she was ruled incapacitated by a court, they still felt like they didn’t need to communicate what was going on to the family or the state or a law enforcement agency?”  asked Brian Collister.

“After interviewing residents, staff, they concluded, the investigator determined that the facility had not violated any regulations in protecting this woman,” Gale responded.

Full Article and Source:
New Rules for Elder Care Facilities After KXAN Investigation

MI: Elder Abuse Concerns Prompt Formation of Kalamazoo County Coalition

Law enforcement officials and advocates for the elderly and vulnerable adults have formed the Kalamazoo County Elder Abuse Prevention Coalition to head off what they see as a growing problem.

"We definitely are getting more calls that we are referring to Adult Protective Services," said Judy Sivak, director of the county's Area Agency on Aging. "I think that financial exploitation, in particular, is on the rise and is expected to increase with the increase in the (elder) population."

Sivak said she put together the Kalamazoo County Elder Abuse Prevention Coalition in March 2013 to bring together "professionals and senior advocates who realize this is a bigger problem than one individual or agency can solve." Among its members are county Prosecutor Jeff Getting, Sheriff Richard Fuller and Clerk Tim Snow.

Sivak said similar efforts are taking shape around the state.

The coalition in Kalamazoo County has identified several needs, including training of professionals who are required by law to report elder abuse on how to recognize it. The coalition plans to provide training at the end of this year for law enforcement, prosecutors and Adult Protective Services workers on different scenarios of elder abuse.

Full Article and Source:
Growing Elder Abuse Concerns Prompt Formation of Kalamazoo County Coalition

Law Tips: The Problem of Financial Exploitation of the Elderly and Disabled

Financial exploitation of the elderly and disabled has been called “the hidden epidemic.” Attorneys who represent the aged and disabled frequently encounter acts of financial exploitation. And attorneys must do what they can to protect their clients from the risk of being financially exploited.

This statement from James Voelz, ICLEF’s Elder Law Institute faculty member, is a reflection of his ongoing concerns about the elderly and disabled clients he serves. I am grateful that Jim agreed to share his expertise on protecting clients in the expanding elder law arena with Law Tips readers. This week he provides background on the “problem” and the applicable law. Then, as we go down this road, we’ll hear Mr. Voelz’s further advice on steps elder law attorneys may want to take to prevent exploitation of clients.

The Indiana Adult Protective Services (“APS”) program received 41,334 reports, of which 10,506 reports were investigated during 2012. The reports were classified as follows: Abuse- 2,689, Neglect- 3,176, Self Neglect- 3,198, and Financial Exploitation- 1,443. How many cases of financial exploitation are reported? The estimates range from 1 in 5 to 1 in 44.

I recently met with an APS investigator who has almost 25 years of experience. He said that reports of financial exploitation are increasing, and voiced extreme frustration that he has never seen criminal charges filed against a person who financially exploited an elderly or a disabled person! He said that we have the tools to protect people in Indiana, but these tools are not being used effectively. He said the exploiters are getting away with financial exploitation when they are not being prosecuted. He said prosecutors do not file charges, because victims suffer from dementia or other health issues making it difficult to prove that a crime has been committed.

I also contacted Patrick D. Calkins, who is the Program Director for Adult Protective Services. Mr. Calkins told me that APS does not keep statistics about the number of financial exploitation reports that result in criminal charges being filed against the alleged perpetrator. He did verify that the most common excuse for failure to prosecute is “that the victims make bad witnesses.” But he said that his take on this is that homicide victims make bad witnesses also, but prosecutors still file charges for murder.

Mr. Calkins also told me that the victim’s attorney is often the victim’s last line of defense.

Full Article and Source:
Law Tips: The Problem of Financial Exploitation of the Elderly and Disabled

Thursday, August 21, 2014

Some Groups That Pay Disabled Pennyslvania Workers Below Minimum Wage Not Complying With Law

The U.S. Department of Labor has ordered Pennsylvania organizations to pay $118,000 in back wages to workers with disabilities since 2011, according to records PublicSource obtained through a Freedom of Information Act request.

At the heart of these investigations are people with intellectual and developmental disabilities, many of whom cannot advocate for themselves.

The workers already were earning far below minimum wage because the employers have a special license to pay people with disabilities less.

There is very little oversight on the state or national level of these employers, making it  impossible to know how widespread the pay issues are and whether they are accidental or intentional.

Over nearly four years, the labor department has conducted only 29 investigations in the state, primarily of nonprofits that were granted a federal license to pay ‘special minimum wages’ to workers whose productivity is affected by a disability.

There are currently 126 organizations in the state with the license. About 13,000 disabled Pennsylvanians earn an average of $2.40 an hour in these subminimum-wage work programs, according to a PublicSource analysis of federal labor documents.

The audits resulted in orders for 17 organizations to pay back wages to 1,193 employees, including non-disabled employees in some cases.

Two organizations — Growth Horizons in Bucks County, and Greene Arc in Greene County — were investigated twice in the time period. The inquiries were concluded after the groups agreed to pay back wages and promised future compliance.

The Greene Arc was ordered to pay more back wages than any other group, owing more than $40,000 after a 2013 investigation found that the nonprofit did not use the appropriate standard for setting wages for the workers.

The investigation also found that Greene Arc was deducting the allowed 15-minute breaks from the employees' overall hours worked.

Disabled workers at Greene Arc were earning an average of $3.59 an hour for shredding, food preparation, recycling and greenhouse work, according to its 2012-14 application.

Cynthia Dias, executive director of Greene Arc, said she could not comment on the findings of the investigation because she was traveling.

Full Article and Source:
Some Groups That Pay Disabled Workers Below Minimum Wage Not Complying With Law

See Also:
CLICK to see list of groups ordered to pay back wages

Thousands of Disabled Workers in Pennsylvania Paid Far Below Minimum Wage

UAGPPJA: 39 States and Counting

When enacted, UAGPPJA does four simple things to protect older people and their family caregivers:

     1. It outlines a set of rules for transferring guardianship from one state to another.
     2. It allows states to recognize and register guardianship orders from other states.
     3. It creates a clear process for determining jurisdiction by designating the “home state.”
     4. It protects older people against abuse and exploitation because the guardianship order is registered in other states.

While every situation is different, the fact is: Caregiving situations change. And caring for our loved ones across state lines should be consistent when it comes to law.

AARP will continue to fight until UAGPPJA becomes law in every state to ensure that older people and their family caregivers — especially those who provide care across state lines — have the protection they deserve.

Full Article and Source:
39 States and Counting - Caregiving Across State Lines

TX: Home Healthcare Provider Accused of Racking Up $13K on Elderly Patient's Credit Card

The Washington County Sheriff’s Office has arrested a home healthcare provider they say stole thousands of dollars from an elderly patient.

Pamela Lockett, 41 is charged with Credit Card Abuse against the Elderly and Exploitation of the Elderly.

Sheriff Otto Hanak says Lockett stole a credit card from an elderly woman she cared for and made 88 transactions totaling $13,000.

Lockett is out of jail on $15,000 bond.

Woman Racks Up $13,000 on Elderly Patient's Credit Card

Wednesday, August 20, 2014

New Jersey Families Angry: Gov. Christie Vetoed, Demanded Changes to Bills Determining Where Disabled People Will Live

Despite earning overwhelming support in the legislature, two bills that would have given families a greater say in where their loved ones with developmental disabilities live and what level of care and supervision they receive have been rejected by Gov. Chris Christie.

The governor conditionally vetoed one bill that would have halted the state Department of Human Services’ plan of transferring about 470 developmentally disabled people living in out-of-state centers — some for decades — into state facilities.

Christie also conditionally vetoed a bill, (S2158) that would have required the department to provide a comparable level of care and supervision in privately-operated group homes to people coming from state-run institutions, known as developmental centers.

The same level of care would be provided, “where feasible,” according to the veto statement.

Lawmakers who sponsored the bills and families who serve as guardians to people affected by the legislation Monday expressed their disappointment with the governor's actions and said they were considering their legal options.

Sue Anderson of Hillsborough said she and other parents were intended to lobby their legislators to override the governor's veto. Her 25-year-old daughter, Kara, needs the one-on-one supervision the Woods in Pennsylvania has provided her for past six years, which her family only found after two placements in New Jersey declined to meet her needs.

"I won't go through that again," she said.

Assemblywoman Valerie Vainieri Huttle, (D-Bergen), a sponsors of both bills, said she intends to push for an override "to allow any resident currently served out of state to continue to stay in his or her home as long as it is medically appropriate."

Full Article and Source:
Families Angry Christie Vetoed, Demanded Changes to Bills Determining Where Disabled People Will Live

Family Members Accused of Financial Exploitation (Over $400,000)

Three members of a family have been charged with a total of 32 felonies after authorities say they bilked another family member out of nearly $400,000.

Jessica Lynn Polikowsky, 38, and Jason Donald Polikowsky, 30, both of Chatfield, have each been charged with 14 counts of financial exploitation of a vulnerable adult. Donald George Polikowsky, 62, of Rochester, faces four counts of the same charge.

The case began Nov. 29, 2012, when the Olmsted County Adult Protection team received information about a possible exploitation. A witness from a financial advisement company told the alleged victim's daughter that Jessica Polikowsky had been accessing the victim's accounts frequently and had taken out large amounts. 

The victim had been diagnosed with dementia-Alzheimer's in 2009. 

The financial consultant called the victim to talk about it, the complaint says, and she "seemed confused and didn't understand what was being talked about." Jessica Polikowsky then contacted the consultant and told him to send information directly to her, not the woman.

Full Article and Source:
Family Members Accused of Financial Exploitation

Supported Decision Making in Australia

Disabled people, including dementia sufferers, will be appointed ''supporters'' to help them make decisions as part of an overhaul of the state’s outdated guardianship laws.

AG Robert Clark
The Napthine government will introduce new legislation into Parliament on Wednesday to clarify guardianships rules and expand guardianship orders.

The changes will update and simplify the state’s guardianship laws, which first passed in 1986 and were mainly designed to help people with intellectual disabilities, who were then moving out of institutions and into the community.

A 2012 report by the Victorian Law Reform Commission made 440 recommendations to rewrite the state’s guardianship laws, which are now mainly used by dementia sufferers, the mentally ill and those with acquired brain injuries.

''The new legislation will make it easier for individuals and their families to provide for their current and future decision-making needs through guardianship and administration arrangements,'' Attorney-General Robert Clark said.

Full Article and Source:
Victoria Law Changed to Appoint Supporters for Disabled and Dementia Sufferers

Tuesday, August 19, 2014

Tonight - A Special Show with Reporter Michael Volpe: Systematic Corruption in Family and Probate Courts

Reporter Michael Volpe joins us to update the story of Norman Hughes, a Korean & Viet Nam war vet being held against his will in an assisted living center, endorsed by the Memphis VA Center. Mr. Volpe initially investigated and reported on the abuse of Hughes, August 1, 2014 on the Daily Caller.

We will also be discussing the “Orwellian recklessness of both family and probate court, corruption on the part of Guardian ad Litem and other professionals, the media’s reluctance to report on it because of the personal nature he said/she said nature of the story, all of which leads to systemic corruption.”

Mr. Volpe is one of those rare reporters willing to actually look at the growing abuses of family and probate courts, and to report it.

Chicago-based writer Michael Volpe spent more than a decade in finance before becoming a freelance journalist. His work has appeared in such national publications as the Daily Caller, FrontPage Magazine, CounterPunch, and the Southern Christian Leadership Conference Newsletter. His first book, Prosecutors Gone Wild: The Inside Story of the Trial of Chuck Panici, John Gliottoni and Louise Marshall was published in October, 2013, and his second book, The Definitive Dossier of PTSD in Whistleblowers, was published in 2013.

5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST

LISTEN LIVE or listen to the archive later

See Also:
Korean, Vietnam War Vet Inside VA System Held Against His Will

Korean Vietnam War Vet Inside VA System Held Against HIs Will

NOTE:  The journalist who wrote the article below, Michael Volpe, will be a guest tonight on a special episode of T.S. Radio with Marti Oakley (8:00 pm EST) and he will be speaking about this case. So we thought it appropriate to re-post the article so everyone can re-read and re-familiarize yourselves with it.

After the article was published, Mr. Hughes said hopefully, "Maybe now someone can help me...."

Norman Hughes Jr., 81, is a Korean and Vietnam War veteran who’s currently paying $7,000 per month to live in the Kirby Pines Retirement Home in Memphis even though he told The Daily Caller he wants to live with a caretaker named Debbie McCoy — at her home paying $2,700 per month — where she has run a VA-certified living assistance facility for fifteen years with no complaints until this case.

“I need somebody to help me get out of here,” said Hughes from his room.

In late 2012, Hughes was living with McCoy when he decided to remove his cousin, Mary Ann Phillips, from a bank account he held with nearly $150,000 in it because of a pattern of unpaid bills and missing money.

According to interviews with Hughes, his son Bernard, granddaughter Cavita, ex-wife Doris Jones, and McCoy, Phillips was enraged by the move and approached the VA with a series of unsubstantiated charges which were filed formally on December 29, 2012.

Philips claimed that Hughes was unshaven and dirty, that his room was a mess, and that he had developed a bed sore at McCoy’s home.

But Bernard and Cavita Hughes said they both visited Hughes regularly during this time period and would have noticed if it wasn’t clean and safe.

In early 2013, Norman Hughes went to the Memphis VA to get treated for a form of neuropathy. While in the hospital, Phillips told him he needed to take some tests with another doctor.

Phillips took Hughes to see Dr. Felicie Wyatt, who specialized in internal  and geriatric medicine, telling him he needed routine tests.

Instead, Dr. Wyatt tested Hughes for his mental competency.

Hughes, his son, and McCoy all insist he was tricked into seeing this doctor.

Buoyed by Dr. Wyatt’s competency determination, Phillips and the VA maneuvered the case into probate court where Memphis attorney Keith Dobbs was appointed VA guardian — he named Phillips conservator.

According to court records, Dobbs has been receiving 7% of Hughes monthly retirement income for more than a year.

Full Article and Source:
Korean, Vietnam War Vet Inside VA System Held Against His Will

See Also:

Linda Kincaid Reports: Elder Abuse: California Assisted Living Citations Online

Community Care Licensing (CCL), the agency responsible for overseeing California’s assisted living facilities, received intense criticism in past years. Allegations included negligence, incompetence, and corruption.

On February 11, 2014, California’s Human Services Committee held a joint hearing on deficiencies in assisted living facilities and lack of oversight by CCL. Department of Social Services Director Will Lightbourne acknowledged many shortcomings in his department. Elder rights advocates remember Lightbourne for his opposition to a resident’s personal rights in 2012.

A Licensing Program Analyst (LPA) in San Diego County admitted taking bribes from a Ambassador Senior Retreat.

An LPA in San Bernardino County cited Wildwood Canyon Villa for violating a resident’s right to visitation, an offense that constitutes criminal elder abuse. Then the LPA cleared the citation without requiring a correction. Wildwood unlawfully isolated the victim for another year after the citation. The LPA ignored subsequent complaints to CCL.

The San Bernardino County LPA reviewed facility records that substantiated Wildwood Canyon Villa violated a resident’s right to phone calls, another offense that constitutes criminal elder abuse. The LPA stated that she did not issue a citation because her manager had not instructed her to investigate that particular violation.

The same LPA reported in early 2010 that Wildwood Canyon Villa placed some residents’ mattresses directly on the floor, which is a violation of licensing regulations. The LPA did not cite the violation until late 2011, after CCL received a number of complaints about the ongoing violation.

Until recently, the only way to obtain information on facilities with numerous violations was to go in person to the local CCL office and review the paper files. In some cases, CCL offices required the public to make appointments up to a week in advance.

An outcome of the February 2014 hearing is a searchable online database of facility citations.

Searching on Wildwood Canyon Villa returns a list of complaints filed against the facility since 2010.

Click on the Complaints tab to see dates of facility visits in response to complaints.

Full Article and Source:
Elder Abuse: California Assisted Living Citations Online

Ohio: Three Cases Certified to Attorney Discipline Board

The Ohio Supreme Court’s Board of Commissioners on Grievances & Discipline today announced three cases recently certified to the board by a probable cause panel.

In each case, a certified complaint has been sent to the respondent, and the respondent has been asked to file an answer to the allegations contained in the complaint. Once an answer is received, the case will be assigned to a three-member hearing panel of the board, and the hearing panel will conduct further proceedings in the case.

Typically, a public hearing is scheduled within four to six months after the case is assigned to a hearing panel. Please consult the Upcoming Hearings schedule for a monthly schedule of board hearings. Contact the board’s office at 614.387.9370 to confirm that a hearing will be held as scheduled or for more information about a case. Case documents can be obtained via e-mail upon request.

If the board finds that a lawyer or judge has engaged in professional misconduct, the board will file a report with the Supreme Court that includes a recommended sanction. The Supreme Court is responsible for reviewing the case record and imposing discipline.

Trumbull County Bar Association, Relator v. Timothy Eric Bellew, Respondent
Case No.2014-057
Respondent’s address: 1 South State Street, Girard
Respondent’s counsel: None
Disciplinary Counsel, Relator v. Henry Roosevelt Freeman, Respondent
Case No.2014-058
Respondent’s address: 786 Premiera Drive, Tallmadge
Respondent’s counsel: None
Disciplinary Counsel, Relator v. Gregory Keith Klima, Respondent
Case No.2014-059
Respondent’s address: State Route 716, Ashland, Kentucky
Respondent’s counsel: Kevin E. McDermott

Court News Ohio:  Three Cases Certified to Attorney Discipline Board

Monday, August 18, 2014

Undercover Senior Helped Bust Four Alleged Medicaid Scammers

A senior citizen working undercover on a nursing-home investigation for the state attorney general helped bust four workers who allegedly scammed Medicaid out of $6.5 million, authorities said Tuesday.

“The investigation, which included several undercover visits by a healthy and vibrant senior working on behalf of the Attorney General’s Office, revealed that Northern Manor ADHC in Brooklyn was not providing services as represented in its claims for payment to Medicaid,” the AG’s Office said in a press release.

The undercover elder helped probe the suspects by saying he did his own laundry and slept peacefully through the night — but allegedly wrote on medical forms that he was in worse shape so they could bill Medicaid for his care.

The four women busted in the scam — who range in age from 35 to 58 and include a registered nurse — were hit with charges of falsifying business records and could each face four years behind bars if convicted.

Undercover Senior Helped Bust Four Alleged Medicaid Scammers

Saving Susie - An Elder Abuse Horror Story

This book is an eye opening expose of Elder Abuse in America today, by Nancy Richmond.

READ the book free online

Florida Woman Arrested for Financially Exploiting Elderly and Disabled Mother Using PoA

Attorney General Pam Bondi’s Medicaid Fraud Control Unit (MFCU), the Florida Department of Corrections Probation Division and the Tampa Police Department today arrested Rosalinda Rivera for exploitation of an elderly person. Rivera allegedly abused her authorization as power of attorney for her elderly and disabled mother to exploit more than $65,000. According to the investigation, Rivera had taken money meant for her mother’s nursing home care and misappropriated more than $65,000 for personal use. Rivera also allegedly stopped paying the out-of-pocket share of her mother’s nursing home care.

Rivera is facing one count of exploitation of an elderly person, a second degree felony, and one count of grand theft from a person aged 65 years or older, a third degree felony. If convicted, Rivera could face up to 20 years in prison and $15,000 in fines. Rivera’s case will be prosecuted by the Hillsborough County State Attorney’s Office.

The Attorney General's Medicaid Fraud Control Unit investigates and prosecutes fraud involving providers that intentionally defraud the state's Medicaid program through fraudulent billing practices. Medicaid fraud essentially steals from Florida's taxpayers. From January 2011 to April 2014, Attorney General Bondi’s MFCU has obtained more than $450 million in settlements and judgment.

Hillsborough County Woman Arrested for Exploitation of an Elderly Person

Sunday, August 17, 2014

T.S. Radio Tonight: Reporter Kelly O'Meara on the Forced Use of Psychotropic Drugs

Kelly O'Meara joins us at 7:30 pm CST

What happens in CPS is quickly adapted to APS

CCHR Applauds Judge for Upholding Detroit Mother Maryanne Godboldo’s Right to Protect Daughter from Forced Drugging

It is a case of misdiagnosis, misinformation and unrestrained persecution. Parents need to understand this is not an isolated case and it is happening across the nation far too often.”

Despite prosecutors’ second attempt this year to bring criminal charges against Detroit mother Maryanne Godboldo, who underwent a 10 hour stand-off with police for refusing to administer a powerful antipsychotic drug to her daughter, Wayne County District Judge Gregory Bill has become the second judge this year to dismiss the charges.

Kelly O’Meara is an award-winning investigative reporter whose coverage of the adverse effects of psychiatric mind-altering drugs is virtually unmatched in the United States. After 16 successful years as a Congressional staff member, Kelly joined Washington’s Insight Magazine where she published numerous hard-hitting articles examining prescription psychiatric drugs and the increasing number of school shootings.

After six years at Insight, Kelly became an independent author with the publication of Psyched Out: How Psychiatry Sells Mental Illness and Pushes Pills That Kill, an in-depth investigation into the fraud of psychiatric diagnosing and the dangerous, potentially life-threatening adverse reactions connected to the prescription mind-altering drugs used as “treatment.” She continues to publish powerful reports of the use of psychiatric drugs with children, members of the military and our wider society.

LISTEN LIVE or listen to the archive later

Few would argue that people suffer from mental illness, mental breakdowns, depression or any number of adjectives that describe behaviors that adversely, even severely, affect people's lives. In law it is said that "it doesn't matter what one believes, only what one can prove" The same can be said for psychiatric diagnosing. It matters little what anyone in the medical/psychiatric community "believe" is the cause(s) of mental illness. The question that has not been answered is whether tens of millions of Americans who have been diagnosed with any one or number of psychiatric mental disorders suffer from a mental "disease" - an objective, confirmable abnormality of the brain. What is known is that neither the American Psychiatric Association nor the National Institute of Mental Health, nor any other medical organization, is capable today of making available scientific evidence to prove that any psychiatric disorder is an objective, confirmable abnormality of the brain.

Psyched Out is available through Amazon

Elder Abuse Systemic Failure in San Bernardino County, CA

A woman with Alzheimer’s disease was taken from her home and hidden from family. She was isolated in an assisted living facility for 15 months. She was forced to sleep on a mattress on the floor for 18 months. She was denied routine medical care for nearly three years. 

In loving memory of Carol Hahn, December 12, 1935 - August 17, 2013

Carol Hahn's legacy is her daughter, advocate Linda Kincaid. 

YouTube:  Elder Abuse Systemic Failure in San Bernadino County

See Also:
NASGA:  Carol Hahn, California Victim

Attorney James Kincheloe Jr Gets Six Years for Embezzling From Elderly Woman

A Fairfax County attorney was sentenced to six years in prison Thursday for embezzling nearly $500,000 while he was entrusted to care for an elderly woman and her estate, according to the Virginia attorney general’s office.

James G. Kincheloe, Jr., 67, who lives in Fauquier County, was convicted of a single count of embezzlement in the case in Fairfax County Circuit court in July. Kincheloe entered an Alford plea, meaning he did not admit guilt but acknowledged that prosecutors had enough evidence for a conviction.

Fairfax County Judge Jane M. Roush ruled that Kincheloe will have to repay more than $483,000 to the estate of Pearl Buckley, a Fairfax City resident who died in 2009 at the age of 90. A separate civil suit by the family claimed almost $900,000 was taken from Buckley.

Kincheloe served as the executor of Buckley’s will and that of her deceased husband, Edward. He also had power of attorney over her. At the time of her death, Buckley was suffering from dementia and was legally blind.

Before she died, prosecutors said Kincheloe entered into an agreement with her to manage her personal affairs at a rate of more than $9,700 a month — three times Buckley’s income. They also said his now-wife, Heidi Pender Kincheloe, entered a separate agreement to serve as Buckley’s personal assistant for $35 an hour.

Prosecutors say Pender Kincheloe only worked a fraction of the hours she billed for and she has been charged with six counts of receiving stolen property in Prince William County. She denies the charges.

Attorney James Kincheloe Jr. gets six years for embezzling from elderly woman

See Also:
Elderly Woman in Virginia Cheated Out of Savings By Lawyer She Trusted, Family Alleges

CA: More Inspections of Medicare Hospice Programs Demanded by New House Bill

Just before the House of Representatives slammed the door shut to go on their August recess, a bi-partisan bill was introduced that will require “more timely” surveys of Medicare-certified hospice care programs, according to the National Hospice and Palliative Care Organization (NHPCO).

The legislation - the Hospice Opportunities for Supporting Patients with Integrity and Care Evaluations (HOSPICE) Act, HR 5393 - was introduced on August 1 by Congressmen Tom Reed (R-NY) and Mike Thompson (D-CA).
The NHPCO says in a news release that  it “enthusiastically supports this new legislation.”
The HOSPICE Act would require that hospices be surveyed no less frequently than every three years and authorizes funding for the Centers for Medicare & Medicaid Services (CMS) to contract for the additional oversight.