Nursing supervisor pleads guilty in health care scheme that led to early deaths of hospice patients

A nursing supervisor for one of the largest hospice providers in North Texas will plead guilty as part of a $60 million health care fraud scheme that prosecutors say included fatally overdosing patients for profit.

Jessica Love, 38, of Gainesville is scheduled to plead guilty to one count of conspiracy to commit health care fraud, according to a plea agreement and factual resume filed Monday in U.S. District Court in Dallas. The documents state that Love participated in the fatal over-medication of two patients.

Love is the second of 16 defendants to reach plea agreements in criminal charges involving Frisco-based Novus Health Services Inc. and Optim Health Services Inc., collectively known as Novus.

She worked as a registered nurse case manager and regional director for Novus, which shut down several years ago amid the federal investigation. Love worked for Novus from August 2012 to about July 2014, documents state.

Last month, Melanie Murphey also pleaded guilty to conspiracy to commit health care fraud. Murphey worked as Novus' director of operations.

As part of the plea deals, both women are expected to testify against the other defendants. The federal trial is scheduled to start Jan. 7.

Court documents for the pair outline an elaborate scheme involving Novus' owner and CEO, Bradley Harris, his wife, Amy, and several doctors, nurses and other employees. Their goal was to get as many patients admitted into hospice care as possible, even if they weren't eligible for hospice services. The patients would then be enrolled in around-the-clock care, which Medicare paid for at a higher rate than routine care. If patients were in this continuous care for too long, they were overmedicated so they would die sooner, documents stated.

Hospice care is meant to help terminally ill patients who are not seeking curative treatment.

Details of scheme

Indictments in the case allege that from July 2012 to September 2015, Novus billed Medicare and Medicaid over $60 million for fraudulent hospice services. The government paid Novus over $35 million.

As part of the scheme, assisted-living facilities and doctors earned money to refer patients to Novus. Patients were also lured into signing with Novus after they received wheelchairs, walkers or other equipment, documents say.

The scheme also included falsifying records, according to documents. Federal prosecutors say the paperwork showed doctors had evaluated patients when they had not. Stacks of prescriptions, all pre-signed by doctors, were readily available to obtain narcotics such as morphine.

Court documents outline an elaborate scheme involving Novus owner and CEO Bradley Harris and his wife, Amy, as well as several doctors, nurses and other employees. Their alleged goal was to get as many patients admitted into hospice care as possible, even if they weren't eligible.

(File Photo)

All patients joining Novus were required to sign "do not resuscitate" orders that had already been notarized and signed in advance by doctors. That's because Novus didn't want to pay for any medical care used to resuscitate its patients who went to the hospital or called 911, documents state.

Documents from Love and Murphey also stated that the "purported medical services for which Novus billed Medicare and Medicaid were often directed by Bradley Harris. These directions included Bradley Harris's [sic] instructing nurses to intentionally overmedicate beneficiaries with medications such as hydromorphone and morphine with the intent to hasten their deaths," documents state.

If nurses didn't follow Harris' orders, he replaced them, documents stated.

Harris is a certified public accountant with no formal medical training, prosecutors say.

Harris has denied wrongdoing. His attorney disagreed with the information in Murphey's factual resume filed last month. Much of that same information is in Love's plea documents.

"We are not aware of any evidence that shows that Mr. Harris caused, hastened or otherwise contributed to the death of the hospice patients being treated by Novus," defense attorney Chris Knox said last month. Knox said Friday that he had no further comment.

Love has been a registered nurse in Texas since 2006. But after disciplinary action by the Texas Board of Nursing in 2012, she was forbidden to work as a registered nurse at a hospice company. So at Novus, she supervised registered nurses and licensed vocational nurses in her region. She also served as a liaison between doctors and nurses, recruited doctors and performed other tasks directed by Harris, her direct supervisor.

Love described dictating notes to a doctor as he filled out evaluation forms for patients he had not seen. Novus paid $150 for each of those falsified forms, according to documents.

'Works like a little charm'

Love also stated that she participated in overmedicating two hospice patients who died. In one case, documents state, Harris called in a nurse to replace others who weren't medicating at the maximum levels he wanted.

In a text message, Love directed the nurse to "give the Jessica CC orders." Those continuous care orders included turning off the patient's oxygen, increasing Ativan and morphine and rolling the patient onto the left side. This "works like a little charm," Love texted. The patient died within five hours, documents state.

In a second case, Love had stored leftover morphine from one patient at her home. She delivered the drug to a nurse, who then used it to overmedicate another patient who died, documents state.

Love and Murphey each face up to 10 years in federal prison and a fine of up to $250,000. Sentencing for Murphey is set for Oct. 24. Love's sentencing date has not been set.

Full Article & Source:
Nursing supervisor pleads guilty in health care scheme that led to early deaths of hospice patients

Indiana: 28-Year-Old Jamie Beck Makes State History as First to Regain Decision-Making Rights

Jamie Beck works full-time at IU Health Ball Memorial Hospital, with benefits.

She lives in a Muncie apartment with a housemate, following and enforcing rules, cooking and cleaning.

Photo by Erskine Green Training Institute

Now, the 28-year-old has regained the legal right to make her own decisions.

Wayne County Superior Court II Judge Gregory Horn on Wednesday granted Beck's petition to terminate her guardianship by Achieva Resources Corporation and its president, Dan Stewart, and approved a Supported Decision Making agreement for Beck, who has a mild intellectual development disability.

"Yay. It feels pretty awesome," Beck said when asked how she felt after the hearing attended by about a dozen supporters for her historic moment. "To be able to make my own choices with help is really great."

Beck is the first Indiana resident to use a Supported Decision Making agreement and regain decision-making rights. About a year ago, Wayne County and Achieva were granted the state's first pilot program after the Indiana Supreme Court granted an American Bar Association request for a model Supported Decision Making program.

"Jamie, it's been an absolute pleasure to get to know you and to follow you," Horn said. "I'm glad that you're the first one, and I wish you all the success in the world."

Under the Supported Decision Making agreement, Beck, who will still receive Medicaid waiver services to make sure she is safe and thriving, selects a team to assist her and determines how they will advise her in area such as finances, healthcare, legal matters and housing, much like parents, family members and friends do for just about anyone making important life choices. In the end, though, the choices now are legally hers, which she said isn't the least bit scary.

"It's time," Beck said. "God takes you to this place."

Full Article and Source:
28 Year-Old Jamie Beck Makes Indiana History as First to Regain Decision-Making Rights

See Also:
NASGA: Supported Decision-Making

Daughter of Raleigh nursing home patient: 'I didn't want to believe he was being abused'

Raleigh, N.C. — As state regulators investigate patient abuse allegations at a north Raleigh nursing home, the daughter of the patient involved said Tuesday that seeing how her father was treated was like a nightmare.

"I felt sick to my stomach, and I just started crying," Rebecca Knapton said. "That’s my dad, and I’m not there protecting him."

Knapton said she set up a hidden camera in her father's room at Universal Healthcare North Raleigh, at 5201 Clarks Fork Drive, after he insisted he was being mistreated by staffers.

"He wanted those girls to get caught being mean to him," she said. "I was hoping my dad was telling tales. I really was. I didn't want to believe that he was being abused."

Richard Johnson, 68, is recovering from a stroke, and video from the hidden camera shows that he fell out of his bed early one morning. He can be heard calling for help repeatedly, but no one stops by his room for more than an hour.

When staffers finally arrive to help him, they start criticizing him as well.

"What are you doing there?" asks a staff member. "What are you doing on the floor?"

Johnson said he had to go to the bathroom but had an accident while waiting. Staffers then change him on the floor, even though he repeatedly tells them he’s cold.
"You were on the bed. You decided to go on the floor, so don’t complain that it’s cold," a staff member says.

The same staffer later faults him for his current circumstances.

"You had to do something very wrong with your life. What did you do? You’re suffering so bad, so you’ve done something wrong. Yes, you did."

Even after staffers finally put him back into the bed, the berating continues.

"How old are you? One? You’re supposed to be enjoying your retirement. Instead, look what you are doing, pooping on yourself. Shame on you," a staff member says.

Choice Health Management Services, the parent company of Universal Healthcare North Raleigh, said the staffers involved were fired, and others have received extra training.

"Anybody that treats someone in their care like this should not be labeled as a caregiver. They're not," Knapton said.

• How to file a complaint about a nursing home

Choice Health officials said in a statement last week that they believe the incident with Johnson was isolated, and they are confident that residents are well cared for at the nursing home.

"We value and respect the rights of our residents, for we have no greater responsibility than the care and safety of those who are entrusted to us," officials said in a follow-up statement released Tuesday.


But records filed with the state Division of Health Service Regulation show a history of similar problems at the Raleigh nursing home. A report from last October, for example, notes staffers not answering residents' call buttons in a timely manner, residents being allowed to sit in urine or feces, inadequate staffing and a failure to respond to grievances filed by residents and their families.

After each inspection, the facility, which has two stars on the state's five-star scale, promised to fix the problems but clearly didn't.

"The continued failure of the facility during three consecutive federal surveys … shows a pattern of the facility's inability to sustain an effective Quality Assurance Program," regulators wrote last fall.

"I am now glad that it came out because it is getting people talking," Knapton said of her hidden-camera video. "[I'm] horrified because of the stories that are coming out from other people in the community and hearing that it is not just happening here but other places."

Johnson, a veteran and former Carolina Beach firefighter, "was enjoying his retirement to the fullest" before his stroke, his daughter said, noting he had taken cruises and loved to ride his motorcycle.

"It has caused emotional harm on my father," she said of the abuse.

But she added his response to the staffers who berated him inspired her.

"I like my dad's spunk when he says, 'Shame on you,'" she said. "My dad has some fight left, and I told him keep fighting - don't give up."

Full Article & Source:
Daughter of Raleigh nursing home patient: 'I didn't want to believe he was being abused'

Tips for Caregivers on How to Help Prevent Burnout

We’re a generation of caregivers. According to the 2015 report Caregiving in the U.S., conducted by the National Alliance for Caregiving and AARP, more than 34 million Americans provide unpaid care to an adult age 50 or older. 

 

The average age of caregivers is 49, and nearly one in ten is 75 or older.

While caregiving can be rewarding it’s also difficult. In fact, the Caregiving in the U.S. report also found that those almost one quarter of caregivers report declining health as a result of caregiving. 

That’s why the National Institute on Aging stresses that “taking care of yourself is one of the most important things you can do as a caregiver.”  Failing to pay attention to your own needs can lead to “caregiver burnout.” As the Cleveland Clinic explains on their website, that’s a state of physical, emotional and mental exhaustion and may include fatigue, stress, anxiety and depression. 

The bottom line: if you want to continue to be an effective caregiver to someone you love it’s vital that you make yourself a priority, too. Here are some ways that may help prevent caregiver burnout:

1. Acknowledge that you’re a caregiver.“Your parents don’t have to be living with you or your spouse doesn’t need to be really ill for you to be a part of the caregiving world,” says Jennifer L. FitzPatrick, MSW, author of Cruising Through Caregiving: Reducing the Stress of Caring for your Loved One. “Caregiving means somebody is depending on you for some kind of health or emotional need.”
2. Reach out to others.Jonathan March, owner of a caregiving service in Bradenton, Forida likes to remind the exhausted men and women he sees, “You can do anything, but you can’t do everything.” Ask for help when you need it, whether that means having someone bring over a meal a couple of times a week, help with grocery shopping, or simply having an aid sit with your loved one for a few hours so you can take a break.
3. Safeguard your own health. Keep up with regular visits to the doctors, maintain an exercise program, eat healthy and don’t skimp on sleep.
4. Schedule “me” time. “When you’re a caregiver, it’s easy to put what refreshes you on the back burner,” FitzPatrick says. “That may be going for a hike, attending church or reading a book. A lot of caregivers report feeling guilty if they take time for themselves. But you’re going to have more energy and be able to be of more benefit to your loved one if you set some boundaries and don’t lose sight of who you are outside of your role as a caregiver.”
5. Become a member of a community. Whether it’s having a standing monthly dinner or museum date with friends who are also caregivers or joining a more formal support group, “sharing your feelings and experiences with others in the same situation,” reports the Cleveland Clinic, “can help you manage stress, locate helpful resources, and reduce feelings of frustration and isolation.” 

For more tips on protecting caregiver health, visit the website of the Family Caregiver Alliance.

The Alzheimer’s Disease Caregiver Support Initiative provides free support services to caregivers of loved ones with Alzheimer’s disease and other forms of dementia. The American Heart Association offers similar resources for caregivers dealing with heart disease or stroke and you can find the American Cancer Society’s “Caregiver Resource Guide” and other helpful information on their Caregivers and Family page.

Full Article & Source:
Tips for Caregivers on How to Help Prevent Burnout

Tonight on Marti Oakley's T. S. Radio: World Elder Abuse Awareness Day, #3

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

Debbie Dahmer and I will host our third annual World Elder Abuse Awareness Day show. The elderly are being abused, neglected and robbed all across the country. While there are multiple incidents of family and community members committing the abuse, by far the greatest threat to seniors today is the probate tribunal system where their lives are essentially brought to an end....but not before the predators help themselves to the estate.

Isolation, chemical restraint and abuse are common in these situations. While the government and MSM continually refuse to acknowledge who the real predators are, and, that these predators are interested in nothing more than availing themselves of the estate, our elderly languish and die while being isolated from family, friends and even religious associations. Chemical restraints are used to prevent the elderly from complaining or crying out.

This and more while our legislators both state and federal refuse to truthfully address the wholesale culling of the elderly at the hands of a corrupted probate system that operates outside of Constitutional restraints. The elderly, now viewed as a "waste population" are targeted for disposal. Families across the country are demanding a stop to this mercenary system of abuse, exploitation and theft that ends with the eventual misery laden death of an elderly person who committed no other crime than aging with assets.

To contact us: ppj1@hush.com

LISTEN to the show LIVE or listen to the archive later

Wisconsin: Appeals Court Returns Elderly Woman's House to Couple Charged With Stealing It

A Milwaukee couple charged with unlawfully taking title to a mentally incompetent woman's house have won the house back in the state Court of Appeals — at least for now.

Before they were charged with crimes, Orlin and Craig Root-Thalman were involved in a probate court case about their 92-year-old neighbor. In the fall of 2016, social services workers had become suspicious the Root-Thalmans might be financially exploiting the woman, who had no children.

The county's Department of Aging petitioned for temporary guardianship, alleging she was suffering dementia. She had given the couple her home via a quitclaim deed and gave them powers of attorney for her finances and health care in July 2016.

The Root-Thalmans attended a hearing as interested parties.

Milwaukee Circuit Judge David Borowski seemed skeptical of the Root-Thalmans' explanations that they had moved the neighbor to a hotel while they renovated her home so she could move back in and that they were merely trying to consolidate her nearly $2 million in savings from more than a dozen area banks into one account.

When Orlin Root-Thalman tried to explain answers, Borowski cut him off, according to the Court of Appeals decision, and ultimately ordered him arrested for contempt of court for trying to interrupt Borowski.

Borowski granted the temporary guardianship and voided the July 2016 quitclaim deed conveying the woman's property to the Root-Thalmans. Months later, at the end of 2017, the Root-Thalmans were charged with crimes.

Those cases are pending, but the Court of Appeals late last month reversed Borowski's decision to void the property transfer because the Root-Thalmans were never given notice their property rights might be in jeopardy at the guardianship hearing and never had the chance to hire an attorney or prepare a defense.

"In addition, the circuit court repeatedly prevented Orlin from testifying in response to questions from the attorneys and from the court itself. Craig was not given any opportunity to testify," the court wrote.

The guardian Borowski appointed in 2016, lawyer Eamon Guerin, could still try to undo the transfer on behalf of the woman, in a separate action, the court wrote. He said he expects to pursue an action soon.

In the criminal complaint, prosecutors charged that the filing of the quitclaim deed was a felony: "The deed was false and a sham because J.H. lacked the mental competence to validly execute the deed. She could not, as the deed attests, 'acknowledge' the meaning and import of the deed. By filing this false and sham deed, the defendants committed the crime of Criminal Slander to Title."

Craig Root-Thalman is scheduled for a plea hearing in July.

Orlin Root-Thalman has been vigorously litigating his case. His attorney, Justin Singleton, argued that complaint should be dismissed because prosecutors withheld facts that tended to favor Orlin Root-Thalman and misstated others. He sought sanctions against the prosecutor, Assistant District Attorney Kurt Benkley, as well.

A judge ruled against the defense. And Singleton withdrew his motion for sanction.

Benkley filed his own motion for sanctions against Singleton for bringing what the state calls frivolous motions. He sought a reimbursement to the state for more than $1,000 for the time Benkley said he spent responding to the defense motions.

A judge is scheduled to rule on that motion Friday.

Source:
Appeals court returns elderly woman's house to couple charged with stealing it

See Also:
Couple charged with scamming home, cash from 92-year-old neighbor with dementia

Stan Lee Granted Restraining Order Against Business Manager, LAPD Investigating Claims of Elder Abuse

The move comes two days after Keya Morgan was arrested on suspicion of filing a false report to police.

Stan Lee on Wednesday filed for a restraining order against Keya Morgan, the man he identified just last week as the only person handling his affairs and business, a Los Angeles Superior Court media relations rep confirmed to The Hollywood Reporter.

Lee was granted a temporary restraining order against Morgan, authorities told THR. The request for a permanent order is 43 pages long. A court date to decide that request is set for July 6.

The restraining order request was filed two days after Morgan was arrested on suspicion of filing a false report to police. Morgan was released from jail on $20,000 bail.

The LAPD is investigating reports of elder abuse against Lee. The investigation began in February, but only became public knowledge on Wednesday.

Former Lee attorney Tom Lallas is now acting as guardian ad litem for Lee.

Days before Morgan's arrest, a 45-second video was posted to Twitter in which Lee made it clear Morgan was the only person with whom he now worked and allowed to represent him. "My only partner and business manager is @KeyaMorgan, not all the other people making false claims," read the post accompanying the video.

In April, THR reported that the 95-year-old Lee — who co-created such legendary comic characters as Spider-Man, Black Panther, Iron Man, X-Men and the Fantastic Four, among many others — was caught in the middle of a war of words among those closest to him, all of whom were vying for control over Lee's life, allegedly for their own financial gain.

Morgan, who has long been involved in the pop culture memorabilia scene, was one of the subjects of the lengthy THR investigation. The other parties involved were Lee's 67-year-old daughter, J.C., publicist-turned-caretaker Jerry Olivarez, and Lee's former road manager Max Anderson. Lee's wife of 70 years, Joan, died last July.

A number of celebrities have publicly shared their concern over the creator’s well-being. Sources with knowledge of the situation have told THR that Lee's health has notably declined in recent months and his memory is in poor shape.

In February, Lee signed a declaration (THR obtained a copy) that claimed J.C. demanded money from him and insisted that men with "bad intentions" surrounded Lee and influenced the family to "gain control over my assets, property and money." These individuals included Morgan. The declaration was signed in Lallas' law office.

However, a video of Lee shortly thereafter posted to his Twitter account called the declaration "misleading" and "insulting," and the Marvel creator insisted "my relationship with my daughter has never been better."

Full Article and Source:
Stan Lee Granted Restraining Order Against Business Manager, LAPD Investigating Claims of Elder Abuse

New Mexico Supreme Court Adopts Rules for Guardianship Cases

SANTA FE, N.M. (AP) — The New Mexico Supreme Court has approved new rules that will require guardians and conservators to submit more information to district courts about the finances and health of protected people.

The changes announced Wednesday come as New Mexico overhauls its guardianship laws.

The system was thrust into the spotlight following a series of investigative articles published last year by the Albuquerque Journal that raised questions about the lack of oversight and transparency.

A commission created by the Supreme Court followed up with numerous recommendations, some of which were incorporated into legislation that passed early this year and will take effect next month.

Starting July 1, hearings in guardianship and conservatorship proceedings that were previously closed will be opened. Bonding requirements also will be imposed on conservators and access to court records will be expanded.

Source:
New Mexico Supreme Court adopts rules for guardianship cases

There's Nothing Funny About Guardianship

There is nothing funny about guardianship. But that didn't stop John Oliver from tackling a subject, Last Week Tonight with John Oliver, that is fast becoming a problem for older Americans -- court-appointed professional guardians who have been granted legal authority to control an individual's life and finances.

Now, according to Oliver, when the system works, it's great. But when it doesn't work, well, it doesn't work at all.

Indeed, during the program, there's a video clip of Steve King, a judge in Tarrant County, Texas, saying the following: "Guardianship is a massive intrusion into a person's life... they lose more rights than someone who goes to prison."

And where things get problematic, according to Oliver, is where guardians gain control of their ward's finances. That's because, according to Oliver, private guardians can bill for each individual service they provide, from leaving voicemail messages to just opening the mail, and they can take payment directly from their ward's estate. "And those charges can accumulate fast and sometimes seem ridiculous," said Oliver, who then went on to show video clips of a guardian who charged his ward $1,027 to take go to a Phoenix Suns basketball game and to evaluate, among other things the effect the game had on the ward's mood.

Oliver also noted how guardians sometimes don't even know if their ward is alive or dead and how just 12 states require professional guardians be certified at all. "So just about anyone can become one," said Oliver, pointing to this Government Accountability Office (GAO) report, The Extent of Abuse by Guardians Is Unknown, but Some Measures Exist to Help Protect Older Adults.

And that means they, the professional guardians, are going to steal money according to Greg Kutz, a GAO investigator.

According to Oliver, the lack of oversight is worrisome given how easy it is to have a professional guardian appointed by a court and how long it takes to get out from under that guardianship. To be fair, Oliver said guardianship isn't inherently bad -- there are people who need it. But the checks and balances of court-appointed professional guardians needs, given the silver tsunami that's coming, to be improved -- from greater regulation to more funding for oversight.

What He Got Right, and Wrong
So, what did Oliver get right about guardianship, what did he get wrong, and what did he fail to include but should have? We asked experts for their thoughts.

As a general matter, Oliver did a good job providing an accessible overview of guardianship, some of the problems that can occur, and steps that can be taken to reduce problems, says Nina Kohn, the associate dean for research and online education and a law professor at Syracuse University College of Law.

"However, it's important to recognize that much of the behavior Oliver described in the segment is not only immoral, it's illegal," says Kohn, who testified before the Senate Aging Committee earlier this year. "Guardians have a fiduciary duty to the individuals for whom they serve. The types of fees Oliver describes guardians charging violate this most basic legal duty."

In good news, Kohn reports that the Uniform Law Commission recently released model legislation for the states that, if adopted by the states (and Maine has already adopted it), would help prevent such fees from being paid in the first place.

"As I noted in my Senate testimony, the act limits the ability of unscrupulous guardians to drain assets by charging unreasonable fees," says Kohn. "For example, it requires courts to consider the market value of services provided by guardians before approving fees. After all, attorneys serving as guardians should not generally be paid their hourly rate to do non-legal tasks like grocery shopping."

Full Article and Source:
There's Nothing Funny About Guardianship

"The Guardians" by Billie Mintz

The Guardians - Trailer from Imagin8r on Vimeo.

About the Film and Filmmaker:
The Guardians exposes corruption in Las Vegas municipal government’s involvement in the kidnapping of elderly people under the color of law in order to steal their estate.

In an unfolding saga that reaches to the top level of government, growing communities of Las Vegas Clark County victims come together to bring the corrupt cabal of judges, lawyers, court clerks, doctors, and nursing home employees to justice.

What investigative filmmaker Billie Mintz exposes in this documentary is how many people are involved in a systemic conspiracy against the most vulnerable members of our society.

(Billie Mintz is a documentary filmmaker, social justice advocate, and National Geographic correspondent for the show, Explorer.)

Source:
NASGA - "Documentaries"

10 Ways to Make Your Home More Handicap Accessible

More than 56 million people in the U.S. have some type of physical disability, according to the 2010 census. Whether someone needs help in the kitchen and bathroom or more space to maneuver a wheelchair around the house, here are 10 ways to make your home more handicap accessible.

Widen Doorways:
Many wheelchairs and walkers are too wide to easily maneuver through doorways. Widening doorways can be a costly job (up to $1,000 in some cases), but you can use some offset hinges to help swing the door clear of the opening to inexpensively add a couple inches of space.

Build a Ramp:
A ramp to a doorway will not only help those in wheelchairs, but anyone with mobility difficulties. To build a ramp you'll likely need a permit, so check local building codes before you begin construction.

Add Grab Bars:
Grab bars will help with stability in the bathroom—especially around the shower and toilet. A standard 1-1/2-inch diameter bar works for most people's grip.

Install a Riser:
A toilet riser can make it easier for those who have trouble bending over or standing up and sitting down. Risers can be purchased at home improvement and many drug stores, and usually cost less than $50.

Step-In Showers:
Bathtubs, with their high sides, can cause problems for those with mobility issues. Instead, think about converting the space to a step-in shower. Install a shower bench for even more support.

Rethink Flooring:
Rugs and thick carpeting can not only make it difficult for those in wheelchairs and with walkers, they can be a tripping hazard for everyone. Consider hardwood flooring, vinyl or ceramic tile.

Arrange Your Kitchen for Accessibility:
Those looking to make their home more handicap accessible may have to make some changes to their kitchen. Try arranging appliances near the sink and counters to make tasks easier to perform. Move everyday items into lower cabinets for easy access.

Lower Closet Rods:
Consider lowering closet rods to make it easier to reach clothing. A height of about 2 feet from the floor will help those in wheelchairs.

Replace Knob Handles:
Turning door knobs and some faucets can be a challenge for those with dexterity and hand coordination issues. Replace those round door knobs and faucet handles with lever handles.

Consider Furniture Placement:
To allow ease of movement, make a path of at least 32 inches between furniture pieces. You may also need to raise furniture to help some people sit comfortably. You can achieve this with furniture coasters or small blocks of wood that are secured to the legs of the furniture.

Source:
10 Ways to Make Your Home More Handicap Accessible

Excuse Me, But Where Were You When All This Was Going On?

Paul Greenwood’s mother is 94 and lives alone in England. As an expert on elder abuse, Greenwood worries about her.

“She is the next perfect victim in waiting,” he says.

So, he does one simple thing daily to help keep her safe from predators. He talks to her.

For the past six years, he’s called to check in and see what’s going on in her life. For the past 2½ years they’ve done it via Facetime on her iPad mini. “This is my way of knowing that, at least today, my mother is not a victim,” he says.

Greenwood recently retired from his 22-year role as San Diego County deputy district attorney in charge of the elder abuse division. He knows from experience that seniors – especially those living alone – are targets of scammers and abuse by caregivers and relatives.

Now he is a consultant and educator on the topic of elder abuse. A native of Great Britain (who recently became a U.S. citizen), he travels the country speaking to judicial and law-enforcement organizations.

“A number of times I’ve had adult children phone me up, and they’re angry because they’ve just discovered their mother has been ripped off by their caregiver, and they start telling me the story and want me to prosecute,” Greenwood says. “I interrupt them and say, ‘Excuse me, but where were you when all this was going on?’

“And of course they make every excuse as to why they weren’t involved, why they didn’t visit their mum, why they didn’t phone regularly. That’s what these crooks or caregivers know. When they know there’s an adult son or daughter who’s not interested in their elderly parent, they will then swoop.

“I tell the adult children, ‘You’ve got to do a better job of looking out for your elderly parent.’ ”

A growing pool of targets

Elder abuse takes many forms. The most prevalent is financial exploitation. It’s the caller who gets a donation to a bogus charity, the internet scheme that gains access to an account, or a daughter or grandson with a gambling habit or drug addiction who steals jewelry, cash or credit cards. Millions of seniors are victims each year, with total losses estimated at more than $36 billion.

Then comes physical abuse, by family members, longtime friends or hired caregivers, who often lash out when confronted by the seniors who discover they’ve been ripped off by the people they’ve trusted. A report in April, by the San Diego Association of Governments’ criminal justice research division, indicated the number of reported violent crimes against seniors in the county has risen 37 percent in the past five years.

There’s also neglect, when those unable to care for themselves are left malnourished, dehydrated, over- or under-medicated or forced to live in unhealthy conditions.

Elders can become victims because their cognitive skills and memories, especially in their 80s and 90s, often have diminished. Also, they may have grown up in a time or place when they were trusting and not skeptical of people’s motives. Even people in trusted positions can be predators.

Greenwood recalls a case in San Diego more than 10 years ago when a church choir director told some of his choir members he was raising money to sponsor evacuees from Hurricane Katrina. When they contributed to his cause, he used the money to feed his gambling addiction.

“It happens everywhere,” he says.

Full Article and Source:
Excuse Me, But Where Were You When All This Was Going On?

Elder Abuse Legislation

Are you interested in legislation regarding elder abuse? You should be because elder abuse is a growing crime and while some states have stepped up and have passed elder abuse legislation, many have not.

Lawmakers want to hear from their constituents.  Let them hear from you!

To see what's going on in your state and which of your lawmakers are working for the elderly (or adult disabled) population,  look for this symbol (below) on The Elder Abuse Reform Now Project's website, click it, and choose your state in the drop down box and ....Viola!

Source:
The Elder Abuse Reform Now Project: State Laws and Contacts

Alabama: Elder Exploitation Results in Felony Supervision Sentence

A Franklin County woman accused of taking advantage of and exploiting an elderly Florence man will serve her sentence in felony supervision.

Sharon Leigh Gruber, 43, was sentenced to 31 months after pleading guilty to second-degree elder exploitation.

Lauderdale County Circuit Judge Gil Self sentenced her to 31 months to be served in the Lauderdale County Community Corrections Program.

She must pay back $1,073 in restitution to the victim.

Self ordered her not to have any contact with the victim, and placed her in the assign-a-highway program for a year.

“We take that seriously," Self said of the highway program. "If you don’t clean that mile of roadway up, you will have violated the terms of your agreement, and you will go to prison,” Self said.

Police said Gruber is accused of taking advantage of the kindness of a 74-year-old Florence man.

“Apparently, she was homeless at the time and he took her in. Then, after a few weeks, she took advantage of him,” said Florence police detective Wes Gargis.

Full Article and Source:
Elder exploitation results in felony supervision sentence

Tonight on Marti Oakley's T. S. Radio: Hospice Survivors and Victims with Carly Walden

UPDATE at 8:00 pm CST.  Sorry, this show had to be cancelled due to a last minute family emergency.  The show will be re-scheduled.

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

Please tune in this evening on Hospice Survivors and Victims we have an amazing guest Liz Isner, who is the creator of the group on Facebook titled Murdered by Hospice.

Liz Isner’s husband was murdered by being given lethal drugs that hastened his death in hospice. This is the most censored story in America.

We are helping save lives!

Join this MOVEMENT!!! It’s timely, it’s imperative to save your loved ones life or yourself! In the culture of death that we deal with on a daily basis we now have to use new tools and knowledge to protect our families.

To contact Carly victimsandwhistleblowers@outlook.com

LISTEN to the show LIVE or listen to the archive later

Former NY Judge Pleads Guilty to Scamming Millions From Estate

A former Capital Region town justice and lawyer pleaded guilty on Monday to working with a financial adviser to bilk about $11.8 million from trust funds that they were responsible for overseeing.

Former Town of Guilderland Justice Richard Sherwood agreed to resign from the bench in April, pleaded guilty to federal money laundering and tax crime charges and a state charge second-degree grand larceny, a class C felony, according to news releases from the New York Attorney General’s Office and the U.S. Attorney’s Office for the Northern District of New York.

He faces between three and 10 years in prison on the state charge and up to 20 years in prison on the federal charges, the releases stated.

According to court papers, Sherwood and Thomas Lagan, an attorney and a longtime associate of Sherwood’s, provided estate planning for the estate of Warren Bruggeman, a top General Electric executive and noted Capital District philanthropist who died in 2009.

According to the U.S. attorney’s release, Sherwood admitted that, after Bruggeman’s wife died in 2011, he conspired to steal money from her estate, valued at some $20 million.

“New Yorkers should be able to trust that their financial advisors will make sound decisions—not scheme to line their own pockets,” said New York Attorney General Barbara Underwood in a news release. “We will continue to hold accountable those that try to game the system and violate the public trust.”

Sherwood is scheduled to be sentenced for his state charge on Aug. 6 and will be sentenced for his federal charges on Oct. 11.

Full Article and Source:
The New York Law Journal: Former Albany Area Judge Pleads Guilty to Scamming Millions from Estate

TN: Owner Arrested After Raid of Senior Lifestyles

A new development has surfaced regarding a Cookeville facility that was once at the center of a NewsChannel 5 investigation.

That was back when it was called Living the Dream, and it's now known as Senior Lifestyles.

The District Attorney said investigators searched the home for the elderly, as well as an office and a car, and they've now made an arrest.

Stephanie Butler was arrested on Friday. She has bonded out of the Putnam County Jail, but she’s charged with two counts of theft of property and one count of willful abuse, neglect, exploitation.

Senior Lifestyles is owned by Republican legislative candidate Ed Butler and his wife, Stephanie.

Ed Butler released a statement Monday morning.

Full Article and Source:
Owner Arrested After Raid of Senior Lifestyles

The Elder Abuse Reform Now Project

We hope our readers will also "like" The Elder Abuse Reform Now Project's (EARN) Facebook page! EARN is brand new but has hit the ground running --- with a documentary, an online news magazine, and a website which tracks elder abuse legislation state-by-state!

A Message from The EARN Project:

"This Elder Abuse Reform Now Project page is brand new and we are so delighted and grateful to each of you for coming in and joining us in this effort to end elder abuse.

So many seniors are suffering and we have the ability to end it. I hope you will watch our documentary, go to our website www.theearnproject.org to educate yourself so you may protect yourself, those you love, and add your voice to insist on protection for all Americans.

Each one of you makes our voice that much louder and for that we are profoundly grateful."

EARN's Facebook page
Learn more at EARN's website

JOIN The EARN Project
Watch "The Unforgivable Truth"
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Tonight on Marti Oakley's T. S. Radio: Abolishing Probate and also the Natilia Dalton Story

From 7:00 CST until 7:30 we will be discussing the the nature of probate tribunals and how they are prohibited from receiving judicial powers. We will also talk about any attempt to act as though they are an actual judge of law, and what their actual capacity is comprised of.

From 7:30 - 8:30 Natalia Dalton is our guest.

Natalia Dalton is fighting for her son. Her son is living with his father, a man who has pulled him out of two schools and now claims to be home-schooling him. The court has been notified that her son's behavioral and health needs are not being attended to. The boy reports little schooling and says he and the father play violent video games most of the day.

On numerous occasions Natalia has attempted to report the abuse and neglect to the court. So what do you do when the judge refuses to hear evidence or to acknowledge the whole issue and all of the facts in a custody dispute? And what could possibly be the reason for failing to act to protect his young boy?

How about later when the plaintiff realizes that her ex-attorney and the judge are buddies, and that the Guardian Ad Litem is friends with both the ex-attorney and the judge? It's a recipe for disaster. And the person paying the highest price is the child.

Also: Listen to Natalia in her interview with LuLu and Robin on HIDDEN TRUTH REVEALED

LISTEN to the show LIVE or listen to the archive later

Former Morristown assisted-living facility manager charged with $237K theft

MORRISTOWN — The former business manager of an assisted living facility for senior citizens was indicted on charges she stole $237,258 from a woman under her care.

Marcella Drakeford, 45, of Jensen Beach, Florida, was arrested Wednesday following her indictment March 16 on six counts of mail fraud by a federal grand jury in New Jersey.

The indictment alleges Drakeford stole from a client identified as C.B. by defrauding her using the U.S. Postal Service. According to court documents, Drakeford deposited "matters and things" sent and delivered by private and commercial interstate carriers. Each count of mail fraud carries a maximum penalty of 20 years in federal prison upon conviction.

The indictment, announced in a release from Craig Carpenito, U.S. Attorney for the District of New Jersey, does not identify the Morristown assisted living facility where Drakeford formerly worked as business manager. But newsletters distributed by Spring Hills-Morristown Assisted Living in 2016 and 2017 list Marcella Drakeford as business manager of the facility on Spring Place.  A call to Executive Director Karen Griffiths was not immediately returned Wednesday.

According to the U.S. Attorney's Office, Drakeford in December 2016 allegedly agreed to help manage C.B.'s financial affairs and pay for her care. Drakeford was given limited access to the victim's checking account, but without the knowledge of the victim or her guardian, Drakeford already had fraudulently gained access to C.B.'s credit card account and had two cards issued in her name, according to the U.S. Attorney's Office.

Drakeford allegedly used the credit cards to buy clothes, jewelry and cars and to travel, pay her rent and utilities and have dental work done, according to the Attorney's Office. She paid off the credit card bills with checks drawn on the victim's checking account, according to the indictment. The theft was calculated at $237,258 between October 2016 and May 2017, according to court records.

Court records show property Drakeford bought with the alleged stolen funds is subject to forfeiture to the government. The age of the victim was not included in the release. 

After her arrest in Florida, Drakeford appeared before U.S. Magistrate Judge Shaniek M. Maynard in federal court in Fort Pierce, Florida. Her arraignment on the indictment is scheduled for April 4 before U.S. District Judge Katharine S. Hayden in Newark federal court.

Carpenito credited inspectors of the U.S. Postal Inspection Service under the direction of Acting Inspector in Charge Ruth M. Mendonca, along with assistance from the Morris County Prosecutor’s Office and Morristown Police Bureau.

Full Article & Source:
Former Morristown assisted-living facility manager charged with $237K theft

New law could protect elders from financial abuse

GAINESVILLE, Fla. (WCJB)- As people grow older they often need physical and financial help from their loved ones.

Sometimes people advantage of that right here in North Central Florida.

A new state law could protect elders from financial abuse.

This month is Elder Abuse and Exploitation Awareness month.

Lawyers in Gainesville say they're using this as an opportunity to educate residents on the dangers elderly people experience every day.

"We all need to help each other when we're all going to go through it, it's inevitable, and we need to be of help to the people that can't help themselves right now, which one day will be me,” Nancy Wright, who facilitates the North Central Florida Senior Advocacy Network, said.

Wright, along with the Senior Legal Helpline, and Gainesville attorney Shannon Miller were looking over a law being proposed in West Virginia that would prevent those overseeing an elder's bank account from stealing money.

The legislation was originally proposed by the Elder Law Section of the Florida Bar. Eventually, the law was passed to help Vulnerable Adults.

"They can go and file, without telling the person who has stolen the money and the judge can enter an order, it goes over to the bank and the monies can be frozen,” Shannon Miller, an attorney
The Vulnerable Adult can go to the courthouse by themselves.

They can also give permission to someone else to file the paperwork at the courthouse.

No attorney is needed.

The judge can also enter a no-contact order to prevent the exploiter from contacting the victim.
This new law will take effect on July 1st.

On June 14th, there will be an Elder Empowerment Event at the Gainesville Senior Center from 10 am to 1 pm. To RSVP contact Mandy Lopez at (352)265-9040 or lampoon@shands.ufl.edu

Full Article & Source:
New law could protect elders from financial abuse

Former Car Salesman Charged with Exploitation of Elderly Woman

Police in May arrested a man for assuming responsibility and care for a 92-year-old woman and exploiting her financials, according to court reports.

Twenty-six-year-old, Taylor Few waived his Preliminary Hearing this morning to the felony charge of exploitation of a vulnerable adult.

Court papers say Few be-friended the woman while working as a salesman at White’s Mountain Motors.

Papers continue to show, through the span of nine months, Few gained over $165,000 from thirteen different checks from the woman.

An additional $17,000 was withdrawn in cash from the woman’s accounts, with no explanation for the withdraws.

Through the course of the investigation, court papers detail how Few assisted the woman in buying, trading and buying other vehicles from Whites for the woman, where Few received $3,000 in commissions.

Papers say, Few dodged police questions, yet he did say he planned to pay the woman back, after she had given him money for his business once his business started “doing good.”

Few is currently out on bond waiting for his District Court hearing in the next few weeks.

Full Article & Source:
Former Car Salesman Charged with Exploitation of Elderly Woman

Miami-Dade Police looking for hospice nurse accused of stealing from dying woman

(WSVN) - They’re supposed to provide compassionate care for patients who are at the end of their lives. But one hospice nurse was caught on camera doing something despicable. 7’s Brian Entin investigates.

This is security camera video from inside the bedroom of a 91-year-old dying woman.

That’s her in the bed.

And this is her home hospice nurse going through her jewelry box.

Juan Sotolongo, son: “Very smooth when he takes the ring. He knew what he was doing.”

Juan Sotolongo is the elderly woman’s son.

He hired a company to send out a hospice nurse to make sure his mother was as comfortable as possible before she passed away.

Juan Sotolongo: “The day of the funeral, after she passed away, we went looking for the rings. And they were missing.”

Juan reviewed the security camera video.

And look at what he saw.

The nurse, Felix Chico, looking through his mother’s things. Opening a jewelry box. And then appearing to pick something up.

Both her engagement ring and another ring went missing.

And then Juan saw this on the video.

Juan Sotolongo: “We couldn’t believe it. I mean, imagine. You see the video and this guy actually went to sleep.”

The nurse takes off his name tag. He fluffs up the pillow. Goes over, locks the door, and then lays down.

Juan Sotolongo: “The worst thing is going to sleep when my mom could have been dying — while he is sleeping there. Having to suffer.”

Miami-Dade Police say they are investigating the theft and are working with the State Attorney’s Office to obtain an arrest warrant. The problem is, they say, they haven’t been able to find the nurse.

We went to Chico’s house, but no one answered the door.

Juan says detectives told him they believe he may have fled to Cuba.

Chico worked for the nonprofit OpusCare of South Florida, and they told 7News he is licensed by the Florida Board of Nursing and passed an extensive background check.

The company’s attorney added, “We employ more than 500 staff and have operated without incident for over 26 years. When we were made aware of nurse Chico’s actions, we immediately terminated him for cause.”

Juan Sotolongo: “The most painful thing is really, the way the guy left my mom there like she was nobody. That’s what you’re here for, to take care of the person who is actually dying.”

Juan’s parents were married for 50 years, and he had to bury his mom without her engagement ring. He’s offering a $1,000 reward for information about where the nurse is now.

Miami-Dade Police are asking for information about the whereabouts of nurse Felix Chico.

If you can help, call Miami-Dade Crime Stoppers at 305-471-TIPS. Remember, you can always remain anonymous, and you may be eligible for a $1,000 reward.

Full statement from OpusCare of South Florida:

“All Licensed Practical Nurses are licensed by the Florida Board of Nursing. Felix Chico was duly licensed by the Florida Board of Nursing. In order to become licensed by the Florida Board of Nursing, an applicant must submit fingerprints to the Florida Department of Law Enforcement which are then placed in a clearinghouse accessible to the Board. All applicants must disclose any conviction or plea of guilty, or no contest to any charge other than minor traffic offenses. In addition to these requirements, Opus takes it upon itself to: conduct a very extensive Type II background check; to determine that the applicant is not on the Office of Inspector General’s exclusion list; to verify prior employment; to verify licensure with the Board of Nursing; and to speak to prior employers. Nurse Chico had absolutely no blemishes on his record. OpusCare is a nonprofit organization dedicated to the well-being and comfort of our patients. We employ more than 500 staff and have operated without incident for over 26 years. When we were made aware of Nurse Chico’s actions, we immediately terminated him for cause, reported the matter to law enforcement, and advised the family of our actions.”

– Attorney Eduardo E. Bertran

 Full Article & Source:
Miami-Dade Police looking for hospice nurse accused of stealing from dying woman

Bad News for Two South Florida Judges Facing Discipline: High Court Rejects Stipulations

The Florida Supreme Court on Friday rejected stipulated settlement in disciplinary cases against Miami-Dade Circuit Judge Stephen Millan and Miami-Dade County Court Judge Maria D. Ortiz.

Millan faced a 30-day unpaid suspension after admitting he used racial slurs to describe black defendants and their relatives. He also repeatedly reached out by cellphone to the defendants’ attorney after the incidents, but one lawyer said he was uncomfortable with the ex parte communications and reported Millan for ethics violations. The judge discussed six pending cases with the attorney and offered to “help out” by setting the cases for a plea hearing, according to the charging document.

But the high court, which has the final word on judicial discipline, rejected the stipulation.

“Upon consideration of the Judicial Qualifications Commission’s findings and recommendation of discipline and the parties’ stipulation, the court rejects the stipulation and disapproves the proposed sanctions,” the justices ruled. “We remand for further proceedings to include a full hearing before the Judicial Qualifications Commission in order to fully develop the facts regarding any misconduct that occurred, so that the court, in determining the appropriate discipline, will be apprised of all the facts and circumstances bearing on the alleged violations.”

Ortiz also got bad news from the high court.

She stipulated to ethics violations for free hotel stays with her husband, who faces public corruption charges. Her husband is the former director of Miami Beach’s building department, Mariano Fernandez, who lost his job amid scandal. Her husband is charged with felony counts alleging he accepted free hotel stays and other valuable gifts to speed up city permits for Spain’s RIU Hotel Group.

The high court rejected the stipulated agreement and ordered a full hearing before the JQC.

Full Article & Source:
Bad News for Two South Florida Judges Facing Discipline: High Court Rejects Stipulations

Bill passage could help protect vulnerable adults

State Representative Marcus McEntire

The Oklahoma Legislature has passed a bill establishing the Commission on the Prevention of Abuse of Elderly and Vulnerable Adults. House Bill 3328 bill was signed into law last month by Gov. Mary Fallin.

Rep. Marcus McEntire, R-Duncan, the bill’s author, said it is time Oklahoma begins looking into abuse and scams elderly adults face.

“So what we’ve done is we’ve created a commission to look at the laws concerning court-appointed guardianship of elders and vulnerable adults. And so, what we’re trying to do is make sure that we can head off any kind of fraud that occurs in that relationship. And, of course, it’s going to be much broader than that.”

According to the National Council of Disability, an estimated of 1.3 million adults are under guardianship across the nation.

Oklahoma is not a state that requires guardians to be certified. In most states, guardians also are not required to go through criminal or financial background checks.

The bill brings attention to the lack of regulations involving guardianships and the fraudulent activities that come from the lack of oversight. Guardians have legal power over their wards. In cases where the guardian has full guardianship, they have complete access to their ward’s bank account and health records. Under guardianship, wards are no longer able to manage their finances, buy or sell property, make medical decisions, marry and vote.

“What you’ve had in other states is you have a court-appointed guardian and a judge who maybe is in cahoots, and so basically the court-appointed guardian handpicks who they want to be guardian of and then strolls into their house, tells them, ‘Hey, I’m your guardian. We’re gonna move you out,’ and they move them to a nursing home somewhere and then they sell their assets,” McEntire said. “Just liquidate them, and say those are fees. It’s happened in other states, and we’re gonna make sure it doesn’t happen here.”

McEntire is going to a symposium Tuesday in Oklahoma City at the Oklahoma Bar Association to look into how to combat elderly exploitation.

“Other states are ahead of us,” he said. “We’ve got to get working on this as quickly as possible to make sure we can prevent further exploitation of elderly adults.”

Full Article & Source:
Bill passage could help protect vulnerable adults