Tuesday, November 26, 2024

Two Worlds: He Owns Nursing Homes Hit With Fines & Lives in a $14M Mansion in Newport

PHOTOS (L-R): The Foleys' home in Newport, estimated to be valued at $14M (Newport Tax Assessor) and file photo.

Brian J. Foley lives the good life. The nursing home chain boss lives in a waterfront Newport mansion. 

In Rhode Island, one of Foley’s nursing homes was recently hit with a penalty totaling as much as $500,000 for deficiencies impacting elderly patients, and this is far from the first time this home has been cited. Across his corporation, his nursing homes have been cited for hundreds of violations.

Foley owns about 20 nursing homes in Rhode Island and Connecticut under the name Apple Rehab, and it has many other companies in both states, including one of Newport’s entertainment hot spots.

If that was not enough, Foley and his wife were also tied to one of New England's biggest political corruption cases.

Hundreds of Thousands of Fines at One Rhode Island Nursing Home

The amount of the latest fine is disputed. ProPublica reports the Westerly nursing home, Apple Rehab Clipper, was assessed with penalties totaling $562,495 for its most recent violations since May.

The Rhode Island Department of Health had slightly different numbers for the violations. It says the most recent penalties totaled $491,815.

Michael Landi, Vice President of Operations for the nursing home chain, told GoLocal that the most recent fine for the Westerly nursing home is $270,940.

Landi said the company is appealing the fines. "The most important thing to say at the outset, though, is we have multiple appeals pending," said Landi in a phone interview with GoLocal last week.

He added that one factor in the assessment of the penalty had to do with the sprinkler system. "The last thing to get fixed is used in the calculation method of the per day fine and the last thing to get fixed was a sprinkler repair," said Landi.

Further, Landi claims, "We're disagreeing with the scope and severity assigned. There was no there was a significant lack of any substantiation of any resident being harmed by a finding during survey." 

In the last three years, Foley’s Westerly nursing home has been cited with — not including the most recent fine — 28 violations and another $132,826 in penalties.

A number of the deficiencies were deemed by the Centers for Medicare and Medicaid Services (CMS) as dangerous.  In one inspection, the violations “Level of Harm - Immediate jeopardy to resident health or safety.”

According to that report, “During a surveyor interview with Resident ID #1 on 1/25/2023 at approximately 1:25 PM, s/he revealed s/he was discharged home on 1/20/2023 with 9 bubble packs of medication that belonged to another resident, in addition to her/his own medications. The resident further revealed that s/he did not receive discharge instructions or education by the nurse. The resident further revealed that s/he called the facility to inform them that s/he has someone else medications.”

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CMS inspection report from Westerly's Apple Rehab facility Feb 2023

In another discovery by an inspector in 2023, the Westerly facility was found to have improperly trained nurses. "Based on record review, resident, and staff interview, it has been determined that the facility failed to ensure that licensed nurses have the specific competencies and skill sets necessary to care for residents' needs, as identified through the plan of care for 1 of 5 residents reviewed for discharge services, Resident ID #1." This violation was also deemed to put patients in "jeopardy."

GoLocal reviewed hundreds of pages of reports citing violations and raising significant concerns about the Westerly facility.

The Westerly nursing home has been fined a total of $695,000, according to reports from CMS as reported by ProPublica.

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Recent fines for the Westerly Nursing home/Apple Rehab Clipper TABLE: Medicare.gov

READ MORE about the Westerly nursing home violations on the Medicare.gov website.

Connecticut Nursing Homes Cited for More Than 550 Deficiencies

Foley’s Connecticut nursing homes in the past three years have been cited for hundreds of violations.

Fourteen of the homes have been hit with a total of 569 deficiencies — an average of 40.6 per home.

Those facilities have been heavily fined. In the past three years, ten of those Apple Rehab nursing homes have been fined cumulatively $667,722—an average of $67,772 per home.

In just three years, eleven of Foley’s nursing homes in Connecticut and Rhode Island have been fined more than $1.2 million.

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Lisa Wilson-Foley PHOTO: Campaign Facebook

Back in Newport at the Blues Cafe, Mansion, and Newport Brewing Company

In Newport, Foley has been rocking out to the music at the nightclub he owns in Newport — the Blues Cafe on Thames Street. That club is just one of a number of Rhode Island corporations under his name.

Foley and his wife's Newport mansion on the water has nearly 5,500 square feet of living space and an inground pool, and according to Zillow, it is estimated to be worth as much as $14 million. 

The Foley's next-door neighbor is comedian Jay Leno.

In addition, Foley is the owner of Newport Brewing Company, according to Rhode Island Corporation documents.

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Two Worlds: He Owns Nursing Homes Hit With Fines & Lives in a $14M Mansion in Newport

Moro woman charged with exploiting disabled person financially

East Alton police charge woman with exploiting disabled person, allegedly taking over $500

By Scott Cousins

Moro woman charged with exploiting disabled person, several charged with passing bad checks.

Getty Images

EDWARDSVILLE — A Moro woman was charged Thursday with the financial exploitation of a disabled person.

 The 51-year-old suspect was charged on Nov. 21 with financial exploitation of a person with a disability and theft, both Class 3 felonies.

The East Alton Police Department presented the case.

According to court documents, between July 1-Oct. 9, 2022, the suspect obtained by deception control of the property of a disabled person, specifically between $300-$5,000 cash; and took in excess of $500 from the victim.

Court records show the suspect has an extensive criminal history, including multiple drug-related arrests and convictions going back to 2004, had an active warrant and was on conditional discharge in a Jersey County case.

She was ordered released from custody.

Alton woman faces burglary, credit card fraud charges

A 38-year-old Alton woman was charged with burglary, a Class 3 felony; and unlawful use of a credit or debit card, a Class 4 felony.

The Alton Police Department presented the case.

According to court documents, on Sept. 1, the suspect allegedly entered a Kia Sedona in the 2400 block of Sanford Avenue, Alton, to commit theft; and used a credit or debit card taken from the vehicle to purchase items valued in excess of $300 at various gas stations.

She was ordered released from custody.

These individuals have only been charged and remain innocent until proven guilty in a court of law. All charges may not be reported.

Full Article & Source:
Moro woman charged with exploiting disabled person financially

Baldwin County man charged with home repair fraud, exploiting elderly homeowner

The BCSO said the investigation began in August after payments totaling $23,999 were submitted to Cook.

By WALA Digital Staff and Ariel Mallory

BALDWIN COUNTY, Ala. (WALA) - On Thursday the Baldwin County Sheriff’s Office served an arrest warrant on 57-year-old Frederick Brewster Cook III of Seminole for the charges of first-degree financial exploitation of the elderly, first-degree theft of property and home repair fraud.

According to the BCSO, the warrants stem from an investigation into the activities of Cook, in which he allegedly entered into an agreement with a 67-year-old homeowner to repair and remodel an inground pool.

Captain Daniel Steelman with BCSO says the business was under the name Swimlast.

FOX10 News obtained court documents that say Swimlast hasn’t been in business in almost 15 years. 

The documents also say Cook gave the alleged victim old business cards.

“During the investigation we determined Mr. Cook was not a licensed contractor, ultimately just defrauded our victim,” Captain Steelman said. “With that ultimately Mr. Cook, Frederick Cook, failed to do the work and then also then stopped calling back the homeowner.”

Frederick Brewster Cook
Frederick Brewster Cook(Baldwin County Jail)

The BCSO said the investigation began in August after payments totaling $23,999 were submitted to Cook. Through the investigation, it was learned that Cook was not a licensed contractor, he did not perform the agreed upon work and he caused significant damage to the pool, before he stopped showing up and ended contact with the victim, according to investigators.

The sheriff’s office warns that everyone should use licensed contractors and ensure building permits are obtained prior to work beginning. You can check with the Alabama Licensing Board for General Contractors and the Alabama Home Builders Licensure Board for a list of licensed contractors and the Better Business Bureau for information concerning businesses that engage in deceptive business practices, the office said.

Steelman says Cook left the pool unusable, and in worse condition that it started out.

Court documents say in May the alleged victim paid Cook the full $24,000 through four separate installments over 4 months.

The documents also say Cook doesn’t hold a contractor license in Alabama and isn’t qualified to do such construction. 

Captain Steelman says they haven’t received any other reports outside of this one.

If you feel you may be a victim, you’re asked to contact the Baldwin County Sheriff’s Office.

Full Article & Source:
Baldwin County man charged with home repair fraud, exploiting elderly homeowner

Monday, November 25, 2024

Relatives and nurse charged in elder abuse case after 79-year-old woman dies in Brockton

Three women face a host of charges, including elder abuse, Medicaid fraud and larceny in the death of a 79-year-old Massachusetts woman last year. WBZ-TV's Beth Germano reports.

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Relatives and nurse charged in elder abuse case after 79-year-old woman dies in Brockton

Nashville Man Sentenced for Defrauding Elderly Smithville Woman

By: Dwayne Page

A 69-year-old Nashville businessman accused of financially exploiting a 74-year-old Smithville woman appeared for sentencing in DeKalb County Criminal Court on Tuesday, November 19. He was previously charged with similar offenses in Williamson and Rutherford counties.

Michael David Verble, a native of Livingston raised in Hot Springs Arkansas, was indicted in July 2023 for financial exploitation of an elderly adult. Verble’s professional background was listed as having experience in the health care, financial services and insurance industries. On Tuesday Verble entered a guilty plea to the charge and received a four-year sentence to serve concurrently with cases in Rutherford and Williamson counties. He must make restitution of $3,500 to the victim by March 31. 2025. Verble was given jail credit of 419 days.

Assistant District Attorney General Greg Strong told WJLE last October that Verble took $3,500 from the Smithville woman to set up a trust account and never followed through.

The indictment alleges that “on or about October 2019, Verble did unlawfully and knowingly through the use of deception financially exploit an elderly DeKalb County woman in violation of state law.”

Full Article & Source:
Nashville Man Sentenced for Defrauding Elderly Smithville Woman

Sunday, November 24, 2024

Court: Indiana Guardianship Oversight Task Force established


by: Cooper Hudson

INDIANAPOLIS — The Indiana Supreme Court established a new task force on Friday that works to protect seniors and adults with disabilities across the state.

According to the court, the Indiana Guardianship Oversight Task Force will work to:

  • Research guardianship best practices and new programming methods, both of which affect oversight.
  • Find possible strategies and resources that can help improve pre-existing guardianship oversight within the state’s justice system.
  • Recommend new strategies to improve adult guardianship functions. Per court documents, this could include greater communication and technology use in order to manage Indiana’s guardianship system.
  • Examine how reform efforts can impact Indiana’s justice system.
  • Create improvements that lead to better outcomes for everyone involved. For example, the Indiana Supreme Court policies, procedures and pilot programming as topics that could be boosted.
  • Give a final report to the Indiana Supreme Court no later than Dec. 1, 2025. This report will detail the findings and suggestions for improvement to Indiana’s guardianship system.

The Indiana Supreme Court added that the Guardianship Oversight Task Force is necessary due to a rising number of Hoosiers needing guardianship services each year.

They plan to create “…a system that is easy to navigate and ensures justice is fairly administered.” Specifically, the court called an improved system under the task force “…both crucial and timely.”

Full Article & Source:
Court: Indiana Guardianship Oversight Task Force established

Man undergoing electroshock treatment fights to end medical procedures

By Reg Chapman


ST. PAUL, Minn. 
 For the past year, David Russell has been at Regions Hospital held on a court-ordered civil commitment.

He was given 17 shock treatments at Mayo Clinic to treat his mental illness. Now, doctors at Regions Hospital are petitioning the courts to do more. 

"This is the third electroshock-forced electroshock case in Minnesota that we've put an alert out, " said Attorney Jim Gottstein. 

Gottstein has spoken with Russell and volunteers his time to fight against forced psychiatric drugging and electroshock.

"Not only is he committed but a guardianship has been appointed over him," Gottstein said.

Because of the guardianship, Gottstein says Russell is considered incompetent and the court can make a decision based on what doctors want. 

He believes Russell is not a good candidate for ECT. 

"The usual reason for giving electric shock is if someone is severely depressed and this is supposed to shock them out of that. The FDA only approves it for Catania but, in this case, Mr. Russell is not diagnosed with depression. He is diagnosed with schizoaffective disorder which is not a normal indication for electro shock, " Gottstein said.

ECT involves attaching electrodes to a patient's head and delivering an electrical current to the brain to produce a seizure.

Gottstein believes further electroshock treatments could impact Russell's ability to return to society and take care of himself.

"He's a software engineer and it's really a question of how much electric shock he can endure and have any chance of going back to that, " Gottstein said.

In Minnesota, doctors can't administer anti-psychotic medication unless the patient consents or its an emergency, even if they are civilly committed. However, in rare cases, courts can hold hearings to force patients to take the drugs or ECT. 

A judge will hear doctors request for continued electroshock treatment for Russell Monday morning.

Full Article & Source:
Man undergoing electroshock treatment fights to end medical procedures

Corrections officer arrested for alleged assault on elderly inmate

A corrections officer in Montville has been arrested for allegedly assaulting an elderly inmate. 

Source:
Corrections officer arrested for alleged assault on elderly inmate