Federal assisted living legislation expected before end of year

by  Lois A. Bowers

Federal assisted living legislation is expected to be introduced by US Sen. Mark Kelly (D-AZ) before the end of the year, LeadingAge Minnesota reported Thursday.

The goal of the ASSISTED in Assisted Living Act (short for Advancing Supportive Services, Information Sharing, and Transparency for Evidence-informed Decisions in Assisted Living Act) would be “to help consumers and providers have information on best practices in assisted living with the goal of helping set expectations and improving quality and value,” the association, which is the state partner of the national LeadingAge and Argentum organizations, said in a news item posted on its website.

The bill, according to LeadingAge Minnesota, would establish an Assisted Living Advisory Council that would recommend best practices for assisted living, create a voluntary process for assisted living communities to report their performance related to the recommendations, and develop an online dashboard where consumers could view the performance reports.

Industry involvement

LeadingAge Minnesota noted Thursday that Kelly’s staff shared a draft of and requested input on the ASSISTED in Assisted Living Act from Argentum, LeadingAge and other stakeholders “several weeks ago.”

Argentum and, jointly, the American Seniors Housing Association, LeadingAge and the National Center for Assisted Living, all have submitted formal comments about the legislation, according to the state association.

The group said that the bill has “little likelihood of passage” and that it will face “a difficult path in the upcoming Congress and under the Trump Administration” but noted that because it potentially could set a precedent for additional federal regulation of the assisted living industry, “Argentum and others believe that the best way to prevent future legislation that could be harmful is by preventing it from being introduced or advancing as early in the process as possible.”

The current session of Congress officially concludes Jan. 3.

Aging Committee efforts

Kelly, a retired astronaut who has been a featured speaker at industry events such as the 2012 American Health Care Association/NCAL and 2014 Argentum annual meetings (the latter when the organization was known as the Assisted Living Federation of America), was sworn in as a senator in late 2020.

He is a member of the Senate Special Committee on Aging, which in January launched a review of the assisted living industry and held a hearing at which he and some other members called for a government study on industry pricing and transparency. Committee Chair Bob Casey (D-PA) said it was the body’s first hearing in more than 20 years that focused specifically on assisted living.

The actions followed reports about safety, staffing and pricing that were published in outlets such as the Washington Post, the New York Times and KFF Health News, and the Arizona Republic in Kelly’s home state.

During the January hearing at which the review was announced, Kelly described the incidents of physical and sexual abuse against residents that were reported by the Arizona media outlet as “horrifying” and asked a hearing witness: “Should the federal government maybe consider having a role here in providing oversight for assisted living facilities?”

Although assisted living communities primarily are regulated at the state level, Casey said at the time, the Senate Aging Committee frequently has used its authority to “examine private companies when concerns arise about potential health and safety, as well as financial risks posted to older adults.” As a special committee, the body has no legislative authority.

As part of the committee’s review of the assisted living industry, the Pennsylvania lawmaker sent letters to Atria Senior Living, Brookdale Senior Living and Sunrise Senior Living, asking them to provide information and documents detailing how they communicate the cost of services to residents and their families, rates they charge in each state, and their schedules of services and costs.

Additionally, he asked them to provide information on average revenue per occupied unit for the past seven years, figures on the number of residents who have eloped or sustained injuries due to being left unattended, information about the accessibility of information about complaints and citations received by their communities, their policies and procedures for informing residents and families about accidents, applicable staffing requirements, and job titles and associated pay rates at their companies.

Neither Casey nor the committee has issued a report about the findings, and Casey will leave the Senate soon, after losing his seat in the recent election.

But at the January hearing, Kelly noted another report, one issued in 2003 by the Assisted Living Workgroup, which had been formed in 2001 at the behest of the Senate Aging Committee. The group had more than 50 organizational members and a steering committee with representatives from ASHA, NCAL, the American Assisted Living Nurses Association and the organizations now known as the Argentum, LeadingAge and PALTmed (the Post-Acute and Long-Term Care Medical Association), among others.

“This work group was tasked with coming up with recommendations for best practices in assisted living facilities to ensure a more consistent quality landscape across states,” Kelly said. “The result was a 380-page report with a lot of recommendations. These were hard to agree upon.”

One outgrowth of the workgroup’s efforts, however, was the formation of the Center for Excellence in Assisted Living, which, according to the report, “would be an on-going effort at the national level to review, research, evaluate and validate methods that will promote quality in assisted living.”

CEAL became CEAL@UNC in 2023 and now is located within the University of North Carolina at Chapel Hill. Its board and advisers include representatives of many of the organizations that were part of the Assisted Living Workgroup.

In another effort to promote quality in assisted living, Argentum, LeadingAge, ASHA and NCAL joined with the National Association for Regulatory Administration in June 2023 to form the Quality in Assisted Living Collaborative. The group’s goal is to develop guidance for the industry and resources for operators, regulators, policymakers and other stakeholders. It recently released best practices for infection prevention and control for assisted living communities, although NCAL did not endorse them.

More federal scrutiny

The assisted living industry also came under federal scrutiny a decade ago when several senators asked the Government Accountability Office to report on Medicaid oversight and care quality in assisted living communities. That request, made in 2015, resulted in a 2018 GAO report.

Although that report was more of a to-do list for the Centers for Medicare & Medicaid Services related to state reporting of deficiencies in care and services provided to Medicaid beneficiaries in assisted living communities, some federal lawmakers and consumer advocates said the findings would lead them to push for changes in assisted living.

Industry associations long have maintained that regulation of providers should remain at the state level.

“We think that states do a better job in regulating, particularly because assisted living models and community-based models are extremely unique,” AHCA/NCAL President and CEO Clif Porter recently told McKnight’s Senior Living. “In every state, they look different. And for that reason, we want to make sure that regulation stays as close to local as possible.”

The existing regulatory framework “encourages states to innovate and explore ways to provide cost-effective long-term care at a much more local level than could ever be replicated by one-size-fits-all federal regulations,” Argentum President and CEO James Balda wrote in comments to the Senate Aging Committee earlier this year. 

“State regulation of assisted living and memory care allows for a more responsive process when policymakers, industry, consumers and other stakeholders call for a change in rules,” ASHA President and CEO David Schless wrote to the committee.

LeadingAge President and CEO Katie Smith Sloan recently told McKnight’s Senior Living that, “In part because of the growth of assisted living, in part because of COVID and more people living in assisted living, there will continue to be this heavy activity on how to best regulate assisted living.”

This is a developing story. McKnight’s Senior Living will provide additional updates.

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Federal assisted living legislation expected before end of year

Opelika man arrested for alleged elder abuse after wife dies—now charged with murder

 by: Elizabeth White

OPELIKA, Ala. (WRBL) – A 68-year-old Opelika woman is dead, and her husband now faces a felony murder charge connected to her death. Spencer Tracy Bell, 54, was indicted by a Lee County grand jury in October following the February death of his wife, Barbara Ann Bell, who had been hospitalized at East Alabama Health.

Barbara Bell died on February 8, 2024, after being admitted to the hospital. Five days later, Opelika police arrested Spencer Bell on charges of Elder Abuse and Neglect in the First Degree. Authorities alleged neglect and mistreatment contributed to Barbara’s declining health and eventual death.

In late October a Lee County grand jury upgraded the charges against Spencer Bell, indicting him for felony murder.

Court documents reveal Spencer Bell was initially granted a $30,000 bond after his February arrest, which he posted within days. However, the felony murder indictment on November 5 led to his bond being revoked. 

Bell was taken back into custody on November 15 and Bell’s bond was reset at $250,000. His attorney has filed a motion for a bond reduction, citing Bell’s inability to pay the current amount. The defense argues Bell is not a flight risk, has minimal criminal history, and complied fully with his previous bond conditions.A hearing on the motion is scheduled for December 2.

Opelika investigators continue to work with the Alabama Department of Forensic Sciences to review evidence of Barbara Bell’s death and the alleged connection to abuse. Detectives have not released additional details about the nature of the neglect or the medical finding.

Bell remains in custody at the Lee County Detention Facility pending the outcome of his bond hearing. WRBL will continue to follow the case. 

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Opelika man arrested for alleged elder abuse after wife dies—now charged with murder

Parents of jailed Shanna Gardner get guardianship of Jared Bridegan's twins across country

by Scott Butler

Guardianship of the twin children of slain Jared Bridegan has been awarded to the parents of his jailed ex-wife in the state of Washington, according to court documents.

The children, now 12, had been living with Sterling and Shelli Gardner since 37-year-old Shanna Gardner's arrest in what authorities have called a murder plot during her and Bridegan's ongoing legal battles and contentious relations. Her parents are co-founders of the highly successful Stampin’ Up! arts and crafts company and fixtures in the Mormon community in Utah.

Bridegan's parents, the twins' paternal grandparents, filed a lawsuit asking for unsupervised visitation rights and contested the Gardners' petition for guardianship. In their objection, Gaylord and JoAnne Bridegan asked the court to appoint them as guardians.

They said the Gardners deny their daughter's involvement both publicly and to the children and have obstructed them from having a relationship with their father's family.

"Petitioners aided the mother in fleeing the state of Florida after the murder," their objection said. "... Petitioners will not allow any contact between the children and their stepmother or half-siblings."

Bridegan's parents said they've been involved in the children's lives since birth and can provide a healthier environment for them.

At the news conference following Gardner's arrest, widow Kirsten Bridegan said the twins had been kept away and isolated from them.

"Despite my constant requests to see or speak to them, I have been denied and continuously ignored," she said tearfully. "... I plead with the Gardners to put the emotional and mental well-being of Liam and Abby above all else and allow them to reconnect with us. We are their family, we love them... Let our children be siblings again and put them first and do what's right."

In a story by Times-Unon news partner First Coast News in late January, Bridegan's sister said the family has only had one supervised visit with the twins since he died, and the loss of contact with them is devastating.

"There was this deep sorrow within our family to not only lose him, but to lose that connection to his kids, and so it was extremely important to us, because we know that that's what Jared would want, you know, is to have us in their lives," Ashley Bridegan said.

In a declaration filed Oct. 18 by Rachel Woodward, an attorney in the guardianship, called it a "simple" case. She stated the maternal grandparents have had custody of the children for over a year and have been living with them for almost two years. And Shanna Gardner has consented to appointing her parents as guardians.

The court agreed in its order Monday, stating it "is in the best interest of the children" that Sterling and Shelli Gardner be appointed guardians. It concludes with the parties signing a confidential agreement.

A source close to the case confirms part of that involves visitation rights for the Bridegans.

The Times-Union reached out to both sides for comment.

Timothy Burton Anderson, representing Sterling and Shelli Gardner, said the Gardners forwarded the request to him as their counsel.

"We anticipate a joint comment by the parties to the guardianship matter in the state of Washington by the end of the week," he said.

What happened to Jared Bridegan?

Bridegan, 33, was gunned down in the street in Jacksonville Beach after dropping off the twins at Gardner and her her new husband Mario Fernandez Saldana's home on Feb. 16, 2022. He was on his way home to St. Augustine with his 2-year-old daughter when he was ambushed. Gardner later moved to Washington state and took the twins with her while Fernandez Saldana went to Orlando. 

The first arrest was Henry Arthur Tenon, now 63, on Jan. 25, 2023, on charges of conspiracy to commit murder, second-degree murder with a weapon, accessory after the fact to a capital felony and child abuse. He rented a home from Fernandez Saldana, and court records show he received payments from him and had contact with him several times prior to the shooting.

Tenon pleaded guilty a couple of months later on March 16 and agreed to testify against Fernandez Saldana, who was arrested that same day in Orlando. The 36-year-old is charged with first-degree murder, conspiracy to commit murder, solicitation to commit a capital felony and child abuse.

On Aug. 17, 2023, Gardner was indicted on the same charges. She was arrested in the state of Washington where she was living. Prosecutors are seeking the death penalty against her and Fernandez Saldana.

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Parents of jailed Shanna Gardner get guardianship of Jared Bridegan's twins across country

Ileana Garcia bill would guarantee nursing home patients the right to record their rooms

by Jesse Scheckner

The measure follows a spike in serious violations at Florida nursing homes, including many instances of abuse, poor care and neglect.

Florida’s oldest and wisest residents are also among its most vulnerable, and Miami Republican Sen. Ileana Garcia just introduced legislation designed to better protect them.

Garcia filed a bill (SB 64) that would guarantee any nursing home and assisted living facility (ALF) resident or their guardian the right to install and use an electronic monitoring device — a camera, audio recorder or combination of the two — in their room.

The long-term care facilities wouldn’t be able to block the use of the devices or retaliate against residents or their guests. Violators would face a $500 fine per violation.

People other than the residents, their guardians, or third parties they authorize would be prohibited from tampering with the devices. Violators would face a first-degree misdemeanor punishable by up to a year in prison and a $1,000 fine.

Garcia’s measure comes amid a spike in serious violations at Florida nursing homes, including many instances of abuse, poor care and neglect. A review of Florida Agency for Health Care Administration (AHCA) data found that between 2012 and 2018, the number of serious nursing home violations in the state averaged about 32 a year. Between 2019 and 2022, it more than doubled to 71 yearly.

Some of those cases led to criminal charges, a troubling share of them stemming from cases of alleged physical abuse. Meanwhile, nursing home residents have said fear of reprisal has deterred them from reporting poor treatment.

The issue has inspired some to protest and call for action, such as Stephanie Sifrit, whose elderly mother suffered unexplained bruising to her private area and internal trauma during a monthlong stay in 2021 at a Bradenton care facility.

Sifrit told the Sarasota Herald-Tribune in January that she tried to install a camera to monitor her mother, who has Alzheimer’s disease but was prevented from doing so by the facility, which later told Sifrit she’d have to pay a $6,000 bill to bring her mother home early.

She’s since sued the facility’s parent company, 6305 Cortez Road West Operations LLC, and held public protests to call for the changes Garcia’s bill would create. Sifrit told the Herald-Tribune that cameras wouldn’t just help catch abusers; they could also speed up response to accidents, as was the case when her father fell at another long-term care facility.

“The cameras don’t only, you know, catch bad people doing bad things. Cameras can help others support the facility if something comes up,” she told the outlet. “Working in those facilities is extremely demanding, and they can’t be there in every room to monitor everything.”

SB 64, which had no House analog as of 4 p.m. Tuesday, would go into effect July 1 if approved in the upcoming Session.

It includes some restrictions.

Residents or their guardians would be responsible for installing and maintaining the recording equipment, including all associated costs.

The bill also has sections to address cohabitation. If a resident seeking to install a recording device in their room shares the space with someone else, they or their guardian must get the other person’s or guardian’s consent. That person or their guardian would then be able to place conditions on the device’s use, including what kind of device or devices are used and what they record.

If the other party refuses, the facility would have to make a “reasonable attempt” to accommodate both parties by moving one to another room with consent from the relocated resident or their guardian.

The bill also makes clear that residents authorizing the installation and use of monitoring devices could withdraw their consent at any time. In turn, nursing homes would be able to post signs identifying rooms that have monitoring devices.

Unauthorized viewing, listening, recording, or sharing of video, images, or audio from the devices would also be prohibited. The AHCA would enforce this provision.

Garcia has strongly advocated for Florida’s vulnerable residents since she narrowly won her Senate District 36 seat in 2020.

In 2021, she successfully sponsored measures to improve domestic violence centers and advocates. The following year, she passed the “No Patient Left Alone Act” to strengthen patient visitation rights after the pandemic and bills to improve care for students with seizure disorders and boost access to education and social services for youths experiencing homelessness.

Last year, Garcia passed legislation updating training requirements for providers licensed by the Agency for Persons with Disabilities, authorizing elder and vulnerable adult abuse fatality review teams and holding nursing homes to more stringent standards.

During the 2024 Legislative Session, bills she carried that received Gov. Ron DeSantis’ signature included measures to protect minors from online dangers and increase patient access to health care costs and coverage information.

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Ileana Garcia bill would guarantee nursing home patients the right to record their rooms

Many people can’t afford long-term care insurance. One proposal calls for creating a federal program to help

by Lorie Konish

Key Points

• For many Americans, finding affordable long-term care is a challenge.
• Still, around 7 in 10 individuals will need that care at some point.
• One congressman wants to create a federal program to help families cope with those costs.

Hinterhaus Productions | Getty Images

 

As a historic wave of baby boomers reaches retirement age, finding affordable long-term care is a challenge.

 

“We’re going to have a major storm coming in our country with all these folks that can’t take care of themselves,” Rep. Tom Suozzi, D-New York, said Thursday at the Employee Benefit Research Institute policy forum in Washington, D.C.

 

When Suozzi was growing up, all four of his grandparents lived with his family, who took care of them.

 

That experience inspired Suozzi’s parents to buy long-term care insurance. Both of his parents lived into their 90s and were able to stay at home, thanks to those policies, he said.

 

Now, that same insurance coverage is out of reach for many Americans.

 

“People can’t afford long-term care insurance anymore,” Suozzi said. “The insurance companies, when they made a bet on this the first time around, they lost a lot of money because they didn’t take into

Meanwhile, nursing homes and Medicaid are not equipped to handle the issue, he said.

To address that, Suozzi said he plans to reintroduce a bill called the Well-Being Insurance for Seniors to be at Home, or WISH, Act. The proposal calls for the federal government to create a fund for catastrophic long-term care to help older Americans age at home.

Suozzi last introduced the bill in 2021. That version of the proposal called for long-term care benefits to be available to individuals who have reached retirement age and who are disabled, have severe cognitive impairment or who are unable to perform at least two activities of daily living.

Like Social Security and Medicare, Americans would also need to contribute to the program through a payroll tax to receive the benefits.

The amount of benefits received would be around $3,600 to $4,000 per month, Suozzi said on Thursday. Per the 2021 proposal, that is based on the median cost paid personal assistance for six hours per day.

Waiting periods for care would be based on income, with longer delays for coverage for higher income individuals.

A ‘tough sell’ to raise taxes

Admittedly, the proposal could face hurdles to gaining support.

“The challenge is nobody wants to raise taxes for anything,” Suozzi said on Thursday.

It is a “tough sell” to tell people that there’s a mandatory tax for long-term care, particularly since not everyone will need those benefits, Ben Veghte, director of the WA Cares Fund, said Thursday during a separate long-term care discussion at the EBRI conference.

The WA Cares Fund is a public long-term care insurance program provided to workers in the state of Washington. It is funded by a 0.58% tax on employee’s gross wages.

An estimated 7 in 10 people will need long-term care in their lifetimes, according to Veghte. But that often prompts people to wonder about the other 3 in 10, and why those people have to pay taxes for benefits they may never receive.

In the next decade, at least two or three states will attempt to create long-term care programs like Washington’s, Veghte said. Among the states exploring the idea include California, New York, Massachusetts, Pennsylvania and Minnesota, he said.

Once that happens, the private insurance industry will likely start to offer supplemental products, Veghte said.

“It’s going to take all of us to address the costs associated with long term care and the crisis ahead of us,” Veghte said. “It’s private industry, it’s government, it’s employers, it’s family caregivers, because we know the cost is more than just financial.”

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Many people can’t afford long-term care insurance. One proposal calls for creating a federal program to help

Wendy Williams’ family refutes legal guardian’s claim talk show queen is ‘permanently incapacitated’

By Kunal Dey

NEW YORK CITY, NEW YORK: It's no secret that Wendy Williams has had one rollercoaster of a year with fans left wondering about her well-being, but a family insider insists the talk show icon is sharper and more determined than ever.

Despite her ongoing courtroom battles and health challenges, it looks like Wendy is determined to reclaim her narrative.

Wendy Williams is 'more clear now than she’s ever been'

While the world speculates about her condition, those close to Wendy Williams say she’s definitely on the upswing. A family insider told the Daily Mail: “She is more clear now than she’s ever been throughout the guardianship, which is a problem for some.”

This comes shortly after Wendy’s court-appointed guardian Sabrina Morrissey claimed in legal filings that the 60-year-old "has become cognitively impaired and permanently incapacitated” due to her battle with frontotemporal dementia, which she was diagnosed with in May 2023.

The diagnosis followed a court-ordered guardianship established in 2022 to oversee her finances and health.

Wendy is currently grappling with the fallout from the Lifetime documentary 'Where Is Wendy Williams?' Initially billed as a behind-the-scenes look at her planned podcast comeback, the series ultimately featured some hard-to-watch moments like Wendy drinking vodka in bed and experiencing panic attacks.

Fans were appalled and Wendy herself wasn’t impressed. Speaking to the Daily Mail in October, she snarked: “I am doing really good. The documentary sucked. I understand that it is up for an award now. Everything is going really well.”

The documentary — which aired in February — became the center of a legal battle between Morrissey and Lifetime’s parent company, A&E Networks. Morrissey accused the network of “blatant exploitation", arguing that Wendy did not have the capacity to consent to the project due to her health condition.

Legal drama unfolds over Wendy Williams documentary

The accusations flew thick and fast on both sides. Sabrina Morrissey’s lawsuit — initially filed under seal — alleges that producers misled Wendy Williams into believing the documentary would be a positive portrayal of her life. Instead, she claims it turned into a “circus to her downfall".

“This blatant exploitation of a vulnerable woman with a serious medical condition who is beloved by millions within and outside of the African American community is disgusting, and it cannot be allowed,” Morrissey’s legal team said.

A&E, however, isn’t backing down. The network argued that Wendy signed a talent agreement before her alleged mental incapacitation and even pointed out that there’s no legal prohibition against creating a documentary about someone with dementia.

They also fired back at Morrissey’s claims, accusing her of "exceeding her authority" as Wendy’s guardian and attempting to infringe on A&E’s First Amendment rights.

In their countersuit, the network claimed Morrissey’s actions denied Wendy “one of her last chances to exercise her autonomy and honestly reach her fans in exactly the frank and unfiltered manner that was the hallmark of her career".

Wendy Williams' publicist vents disappointment over documentary

Wendy Williams' longtime publicist Shawn Zanotti didn’t hold back her disappointment with the documentary.

She told NBC News: “I felt that [Wendy] was being exploited. She thought we were focusing on the comeback of her career… She would be mortified. There’s no way you can convince me that she would be OK with looking and seeing herself in that way.”

Zanotti also shared her frustrations with People — admitting that while she initially encouraged Wendy to participate, she felt deceived by the final product. “I would never let Wendy put her name and brand on the line like that ever. She’s an icon. It’s not the story we signed up for, and I feel lied to. It’s so difficult for me to even watch," she told the outlet.

That said, Wendy's future remains uncertain. 'The Wendy Williams Show', a beloved staple of daytime TV for 13 years, aired its final episode in June 2022—without Wendy making an appearance.

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Wendy Williams’ family refutes legal guardian’s claim talk show queen is ‘permanently incapacitated’

See Also:
Wendy Williams is ‘permanently’ incapacitated from dementia battle: guardian

Wendy Williams’ Legal Guardian Shares Heartbreaking Health Update

Iowa nurses charged with unsafe practices and misappropriation of medications

By: Clark Kauffman

For the second time in two years, a Pottawattamie County nurse is facing disciplinary charges and is accused of prescribing or dispensing drugs in an unsafe manner.

The Iowa Board of Nursing alleges advanced registered nurse practitioner James D. Dickerson of Neola is guilty of professional incompetence for a willful or repeated failure to practice within the scope his license or ability; professional incompetence for failure to meet the telehealth standards defined by Iowa law; behavior that constitutes unethical conduct or practicing in a manner that’s harmful to the public;  and behavior that constitutes unethical conduct related to prescribing or dispensing drugs.

According to the board, Dickerson is certified as a family nurse practitioner who has practiced in Omaha, Nebraska, and provided telehealth services in Iowa during the period in which he allegedly violated state regulations.

As is customary with Iowa’s licensing boards, the Board of Nursing has not publicly disclosed when the alleged violations occurred, where they took place, or whether any patients were harmed. Some of that information may be publicly disclosed after the case is resolved through a settlement or board order.

A hearing in the matter is scheduled for Jan. 16, 2025.

In 2021, the Board of Nursing charged Dickerson with performing services beyond his scope of practice and prescribing or dispensing drugs to people who either weren’t patients or were outside his area of specialty.

In 2022, the board resolved that case by ordering Dickerson to immediately stop providing any treatment to patients with a complex mental health diagnosis until he received certification as a psychiatric nurse practitioner. The board also fined Dickerson $1,000 and ordered him to undergo five hours of consultation with a nurse practitioner.

Other Iowa nurses recently charged by the board with wrongdoing include:

— Dawn O’Neil, a registered nurse was charged with failing to document patients’ status and misappropriating patient medications. The board has not disclosed where O’Neil lives, where the alleged violations took place, or when they occurred. The board has, however, agreed to settle the case by ordering O’Neil to participate in the Iowa Nursing Assistance Program, which assist nurses with substance abuse issues.

— Linda Jay of Clarinda, a licensed practical nurse who was charged in July with failing to assess or evaluate the status of a patient and committing an act that might adversely affect a patient. According to the board, the violations occurred when Jay was working at an unspecified long-term care facility in November 2023 and a resident under her care experienced a change in condition that she failed to report to a physician.

In February of this year, she allegedly failed to properly document a patient’s condition and, 10 days later, she allegedly administered medication to a resident “outside of the notified blood pressure parameters.” Jay agreed to settle the case by paying a $300 civil penalty and completing 30 hours of educational training.

— Brandy Wicks, a registered nurse who is charged with misappropriating or attempting to misappropriate medications; failing to properly document or perform the disposal of medications; and failing to properly secure medications. The violations are alleged to have taken place when Wicks was working in an acute care hospital. The board has not disclosed where Wicks lives or when the alleged violations took place. A hearing on the matter is scheduled for Jan. 17, 2025.

— Cassie Forde of Mechanicsville, a licensed practical nurse who is charged with misappropriating medications or supplies belonging to a patient or clinic; failing to properly document or perform the disposal of medications; performing nursing services beyond the authorized scope of practice; falsifying records related to nursing practice; and committing an act that might adversely affect the welfare of a patient. No other details in the case have been made public. A hearing on the matter is scheduled for Jan. 15, 2025.

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Iowa nurses charged with unsafe practices and misappropriation of medications

'How stupid I was': Scam fleeced $600k from victim who believed she was FBI asset

Story by Matthew Chapman

A woman opened up to The Washington Post about an elaborate scam that cost her $600,000 in life savings in the first part of an extensive series launched on Monday.

"Sweepstakes and Nigerian letter scams once dominated fraud prevention workshops," wrote the Post's Michelle Singletary. "We’ve read about pyramid and Ponzi schemes, tech support and telemarketing swindles. And pig butchering — a type of investment scam in which the target’s stake is steadily 'fattened up,' usually in the form of cryptocurrency, before the rhetorical slaughter — is a growing concern."

Meanwhile, she continued, our phones and computers "are inundated by phishing, smishing and vishing attacks, all designed to trick you into giving up personal information" — and artificial intelligence is now being used too. Some scams have even targeted people using Donald Trump's social media platform.

What brought down Judith Boivin of Maryland, however, was a class of schemes known as government impersonation — where the scammers pose as police or federal agents of some kind, either to scare you into fearing arrest or to make you believe you're part of an investigation against someone else.

Boivin was first targeted by calls impersonating the Rockville Police Department, who then "transferred" her to fake FBI agents. "She soon was speaking with a third man, who informed her that a drug cartel had used her Social Security number to open several bank accounts. These criminal gangs were responsible for countless deaths, he said, and the relentless flow of illegal drugs in the United States."

This man told her she wasn't a suspect, and that she could be used as an "asset" to bring the drug gangs down — which she agreed to do.

Her supposed handler, "FBI Special Agent Wayne A. Jacobs" — the name of a real FBI agent — gave her a criminal case file that corresponded to a real one, making it all look legitimate. And for months he corresponded with her, purporting to update her on case developments and make her feel like she was contributing. But soon, she was manipulated into handing over her bank account information, supposedly to ensure her money was safe, and the scammers made off with her life savings.

“As I’m speaking, I can see how stupid I was,” Boivin told Singletary. However, Singletary notes, this was an elaborate scam that was so sophisticated it was capable of fooling anyone.

"She wasn’t stupid. She was trusting," Singletary wrote. "Nor was she a willing participant; she was the victim of a ruthless crime. Until we understand that, other victims won’t come forward or get the help they need to recover."

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'How stupid I was': Scam fleeced $600k from victim who believed she was FBI asset

Man charged in brutal 2023 Berwick Twp. home invasion: Elderly victims beaten with hammer

by Harrison Jones

A Berwick Township man is facing numerous charges related to a 2023 Adams County home invasion and assault, according to court documents that were recently filed.

Steven Hall, 37, of Race Track Road in Berwick Township, faces felony charges related to robbery involving serious injury, aggravated assault, burglary, robbery involving the threat of injury, and misdemeanor charges of theft by unlawful taking related to a June 30, 2023 home invasion on Kinneman Road in Berwick Township, Adams County, just south of Abbottstown, according to charging documents filed by Pennsylvania State Police on Nov. 26, 2024.

Unable to post $100,000 bail, Hall was confined in Adams County Prison on Nov. 26, 2024, awaiting trial.

Hall had previously pled guilty in 2009 to two felony charges related to 2008 burglaries, court records show.

Affidavit describes horrific home invasion

According to the affidavit of probable cause filed against Hall by Pennsylvania State Police, officers were called to a home on the 100 block of Kinneman Road in Berwick township around 5:43 a.m. on June 30, 2023.

When police arrived, they would find two elderly victims beaten with a hammer, the documents relate.

The male victim told police that he had been sleeping on a chair in his living room while the female victim was asleep in a bedroom, documents state.

He was awoken that morning, the affidavit states, by the female victim, while an unknown male subject was holding onto her robe. The male subject, the victim told police, was wearing a black stocking over his head as well as gloves, charging documents state.

"He wants money," the female victim said to the male victim, according to the affidavit, while the unknown male held a hammer over the female victim's head.

The assailant told the male victim to stand up, and upon standing up, the male victim attempted to strike the assailant with his cane, the affidavit states, leading the assailant to strike the female victim with the hammer.

During the scuffle, the assailant struck the male victim with the hammer, according to the affidavit.

The assailant and the female victim went into the kitchen of the home to get her purse, where the male victim described that she was on the ground and the assailant was "hammering her," the charging documents said.

A .22 long rifle was in the corner of the kitchen, the male victim told officers, and the assailant grabbed the rifle and threatened the victims with it, demanding they go to the basement and open a safe, the affidavit states.

The victims told the assailant that there was no money in the safe, and he threw the rifle down the stairs and shut the door, according to the affidavit.

The assailant then took prescription medication from the kitchen counter, and proceeded to strike the telephone and computer with a hammer to disable them, threatening to kill the victims if they called police, charging documents state.

After striking both victims and rummaging through the female victim's purse, the assailant made both victims lay on their stomachs as he departed the house, the affidavit states.

Throughout the incident, the assailant made multiple comments to the victims about "just having gotten out of prison and was not afraid to go back," as well as that he had watched the victim's home "for a while" and that he "knew that they had money" due to selling cars at the address, the affidavit relates.

In the affidavit, investigators describe the sight of "a large pool of blood in the foyer," the male victim's broken cane, and damage to belongings.

In the rear of the house, investigators found an opened window with its screen removed, which they believed was the entry point for the assailant, according to the affidavit.

The elderly female victim was seriously injured in the assault, and was hospitalized for an "extended period," the affidavit states, including needing her jaw wired shut.

Investigation leads to Hall

Several days after the home invasion, groundskeepers working at the nearby Bridges Golf Course contacted Pennsylvania State Police after finding a sweatshirt on the grounds of the golf course, the affidavit states.

One of the employees told officers that on June 30, 2024, she had found a sweatshirt on the golf course, near the sixth hole, which is nearest to the Lincoln Speedway, according to the affidavit.

Inside the sweatshirt, the employee found two watches, they told police.

The employee said she contacted police upon hearing about the home invasion, and provided officers with the sweat shirt and watches. The employee said that she had washed the sweatshirt prior to learning about the home invasion, according to the affidavit.

The victims were able to confirm that the two watches belonged to them, the affidavit states.

Through investigative efforts and tips, Hall was developed as a suspect in the robbery, with police noting he lived on Race Track Road less than a mile from the home invasion and the golf course, according to the affidavit.

Police were informed by multiple individuals that Hall's mother had spoken about Hall committing the robbery on Kinneman in 2023, the affidavit states, but throughout the course of multiple interview attempts, Hall's mother did not admit to this.

On Oct. 3, 2024, Abbottstown Police Department contacted state police and shared that on Sept. 19, 2024, police had conducted a traffic stop where Hall had provided officers with false identification, according to the affidavit.

Court records show that Hall was charged with misdemeanor counts of identity theft, falsely incriminating another, and falsely reporting identification to a law enforcement officer in relation to this traffic stop.

During the stop, Hall had falsely given officers the identification of his half brother, the affidavit states.

Separately, Adams County detectives were investigating drug activity at Hall's Race Track Road home, according to the affidavit, and had conducted two "successful" trash pulls from the home.

In relation to the alleged drug activity, Hall faces a felony charge of possession with the intent to distribute, along with misdemeanor charges of possession of controlled substances, according to charges filed on Nov. 25, 2024. In that case, Hall was unable to post $20,000 bail.

On Nov. 25, 2024, police executed a search warrant at Hall's Race Track Road home, where Hall was taken into custody for outstanding warrants, charging documents state.

During the search, police conducted an interview with Hall's mother, where she told officers that Hall had come home on the morning of June 30, 2024, the affidavit states.

After a neighbor came to Hall's home to tell his mother about the robbery, upon closing the door, Hall told his mother "I did it," she claimed, according to the affidavit.

Hall had told his mother that "they thought I was a black guy" because he had used her nylon stockings to conceal his face, the affidavit states.

Later, Hall's mother told officers that Hall told her that he had entered through a back window of the home, and had stolen cash, gold watches, and prescription medication, according to the affidavit, before burying his sweatshirt in the woods near the race track.

A preliminary hearing for Hall is scheduled for Dec. 4, 2024.

Full Article & Source:
Man charged in brutal 2023 Berwick Twp. home invasion: Elderly victims beaten with hammer

Scam Alert – Attorney General Warns of Blackmail Scam Targeting New Hampshire Residents

Press Release

For Immediate Release

Date: December 02, 2024

 

Concord, NH – Attorney General John M. Formella issues an alert warning of a blackmail scam targeting New Hampshire residents, including New Hampshire’s older adult population. 

The New Hampshire Attorney General’s Office has received several reports from residents who have received similar e-mails from senders who are unfamiliar to them. The e-mail subject line contained the recipient’s name. The body of the e-mail contained the recipient’s name and home address. A similarly worded, threatening letter was attached to each e-mail. The letter contained the recipient’s name, telephone number, home address, and a picture of the recipient’s home. The letter claimed that a virus was placed on the recipient’s electronic device, allowing the sender to track the recipient’s browsing history, e-mails, and social media accounts. 

The letter warns that the sender has extracted embarrassing information about the recipient. The sender threatens that the embarrassing information will be sent to the recipient’s e-mail and/or telephone contacts unless the recipient pays a “privacy fee” using cryptocurrency. The letter lists the amount of the “privacy fee” and cryptocurrency account information for deposit.  

An e-mail containing this type of letter as an attachment is known as a “blackmail scam.” Residents should understand that the senders of these e-mails have not actually been to the recipient’s home. They have obtained personal identifying information from publicly available sources and included photos of the recipient’s home obtained online in the letter. Further, the sender has not gained access to the recipient’s electronic device. Instead, the sender threatens the recipient to create a sense of fear and urgency so that the recipient will pay money.      

The Attorney General urges New Hampshire residents to be vigilant. Do not reply to or open any attachments in electronic messages from senders with whom you are unfamiliar. Anyone who opens one of these letters attached to an e-mail should take the following steps: 

•    Do not panic;
•    Do not send money, including cryptocurrency, in response to the letter; 
•    Contact your local police department, especially if you have lost money;
•    If you are concerned about whether your computer or other device has been compromised, contact a reputable computer company you can verify to inspect your device;
•    Report the scam to the Office of the Attorney General – Consumer Protection Hotline:
1-888-468-4454
E-mail: Doj-CPB@doj.nh.gov
www.doj.nh.gov/consumer/complaints

Anyone with knowledge that a vulnerable adult has been scammed or financially exploited should also contact the New Hampshire Bureau of Adult and Aging Services, at 1-800-949-0470.
 

• blackmail-letter-redacted.pdf 

 

Source:
Scam Alert – Attorney General Warns of Blackmail Scam Targeting New Hampshire Residents

SpyLoan Apps: The New Face of Financial Exploitation

By ISB Staff Reporter

The McAfee mobile research team has identified a significant global rise in predatory loan applications, commonly referred to as SpyLoan apps, which primarily target Android users. These applications, classified as potentially unwanted programs (PUP), utilize social engineering tactics to manipulate users into sharing sensitive information and granting excessive permissions, leading to extortion, harassment, and financial losses.

The investigation uncovered fifteen SpyLoan apps that have been installed over eight million times. These apps employ a shared framework for encrypting and exfiltrating data to a command and control (C2) server, utilizing similar HTTP endpoint infrastructures. Their primary operations are concentrated in South America, Southern Asia, and Africa, often promoted through misleading social media advertisements.

Common Characteristics and Tactics

SpyLoan apps exhibit several common characteristics:

• Distribution via Official App Stores: Despite violating policies, these apps frequently bypass app store vetting processes, appearing on platforms like Google Play.
• Deceptive Marketing: They mimic reputable financial institutions in names, logos, and user interfaces to gain credibility. For instance, an ad for “Presta Facil: Revision Rapida” (translated to “Easy Loan: Fast Approval”) was noted in Colombia.
• User Flow and Privacy Agreements: Upon execution, users are presented with a privacy policy followed by a countdown timer that creates urgency. They require the user’s phone number with the country code and a one-time password (OTP) received via SMS.
• Excessive Permission Requests: These apps request unnecessary permissions such as access to contacts, SMS, storage, calendar, call records, and even microphone or camera access.
• Enticing Offers: They promise quick loans with minimal requirements, targeting users in urgent financial situations, often using countdowns to heighten urgency.
• Data Collection: Users are asked to provide sensitive identification documents and personal information, which is then exfiltrated from their devices.

The Global Impact of SpyLoan Apps

SpyLoan apps have been reported globally with localized adaptations. In India, users faced harassment from apps misusing permissions. Southeast Asian countries like Thailand and Indonesia have also reported significant issues. African countries such as Nigeria and Kenya have seen financial fraud targeting unbanked populations, and in Mexico, Colombia, Chile, and Peru, users reported threats and harassment linked to these apps.

Authorities have begun taking action against these fraudulent operations. In Peru, a major raid on a call center involved in extortion resulted in the defrauding of at least 7,000 victims across multiple countries. Also, in Chile, police detained over 25 individuals linked to a fake loan operation that scammed over 2,000 victims.

Despite these efforts, the activity of these malware applications continues to rise globally.

The Rising Threat of SpyLoan Apps

Since 2020, SpyLoan apps have been a major scourge in the mobile threat landscape. Recent telemetry data indicates a 75% increase in malicious SpyLoan apps from Q2 to Q3 2024.

The threat posed by SpyLoan apps is a global issue that exploits users’ trust and financial desperation. Despite law enforcement actions against some operators, new cybercriminals continue exploiting these fraudulent activities worldwide.

How To Protect Yourself: Tips and Recommendations

1. Be Cautious with Permissions: Review app permissions carefully; deny unnecessary ones.
2. Verify App Legitimacy: Ensure institutions are registered; check with financial regulators.
3. Read User Reviews: Look for patterns of complaints that talk about fraud or data misuse.
4. Use Security Measures: Install reputable antivirus software; keep devices updated.
5. Practice Safe Online Behavior: Avoid sharing sensitive information; be skeptical of unrealistic offers.
6. Report Suspicious Activity: Notify app stores about fraudulent apps; report incidents to local authorities.

Full Article & Source:
SpyLoan Apps: The New Face of Financial Exploitation

Carson City deputies make arrest for elder abuse, suspect also in possession of grandmother’s debit card

by Jeff Munson

A 47-year-old woman was arrested Tuesday for suspicion of abuse of an older/vulnerable person, possession of a debit/credit card without consent and other alleged offenses, according to a Carson City Sheriff’s Office booking report.

Stephany Sharee Alexander was taken into custody at 5:34 p.m. following an investigation. She was also booked for suspicion of felony possession of a controlled substance and possession of drug paraphernalia.

According to the report, deputies were called to a Bel Air Court residence for a unwanted subject. Dispatch advised the reporting party called to report her granddaughter, Stephany Alexander, was at the location and yelling and screaming at her and appeared to be under the influence of something. A deputy responded to the location and made contact with the granddaughter inside the front room of the home.

The deputy attempted to gather information about what was going on but the granddaughter stated she wanted to be left alone. The deputy instructed her to wait in her room while the deputy spoke with the grandmother, who is wheelchair bound and elderly.

The deputy asked the victim what happened. She said she allowed her granddaughter to stay in her home for approximately a month. Over the past week or so she had been going through all of her personal items and bedroom. She said Alexander has been screaming at her and causing her to fear for her safety if left alone with her, the report states.

She said she is 88 years old the her granddaughter will yell and scream at her causing her heart to beat hard and fast. She stated she believe the woman would hurt her and obtained paperwork from the Carson City Justice Court for a protection order to have her granddaughter evicted. She stated that Alexander had broken into her bedroom and stole her red card and other money, according to the report.

A deputy spoke with a person who is a friend of the victim and has helped her for the past 30 years. He stated he arrived to put locks on some of the interior doors for the elderly woman and witnessed the woman yelling and screaming at the elderly grandmother. He recorded the outbursts with his phone and played one of the videos, at which time the deputy was able to hear the woman yelling and cussing at the grandmother.

The arresting officer collaborated with another deputy investigating, who was also on scene and determined Alexander was verbally and psychologically abusing her grandmother causing fear for her health and safety, the report states.

Alexander was placed in custody for suspected elder abuse. A deputy asked if she wanted some of her property to go with her to Carson City Jail. She said she wanted her purse. She was escorted to her room where the purse was located.

A deputy searched the purse prior to bringing it into jail. Inside the purse the deputy located a red bag with flowers on it and inside the bag located a long orange cylindrical glass tube with a bulbous end and a significant amount of white powdery substance still inside, the report states.

The object is a methamphetamine pipe commonly used to burn and inhale methamphetamine and other illicit narcotics. The deputy also located several small baggies with white crystalline residue inside, a small blue and green plastic container with a small mirror and four tooter straws, a small baggy with three spherical balls that were located inside the red bag.

The woman was taken to jail without incident. A deputy searched through her wallet to ensure no other illicit items were inside. The deputy located the grandmother’s driver’s license and Wells Fargo debit card in the suspect’s wallet. Deputies returned the items to the grandmother, the report states.

Alexander was booked for possession of a debit/credit card without consent, and possession of a controlled substance, both felonies. She was also booked for gross misdemeanor abuse of an older/vulnerable person and misdemeanor possession of drug paraphernalia. Bail: $5,000.

Full Article & Source:
Carson City deputies make arrest for elder abuse, suspect also in possession of grandmother’s debit card

Man arrested on suspicion of scamming elder adult in Stanislaus out of $30k. How it happened

By Dominique Williams

The Stanislaus County Sheriff’s Office has arrested a man on suspicion of elder abuse after he allegedly scammed an older adult out of $30,000. 

Zhongqiang Chen, a 35-year-old male from Oakland, was booked Nov. 14 on additional charges including false or fraudulent representation, using a forged access card to obtain more than $400 and grand theft of more than $400 dollars.

On Nov. 12, an elderly female received a scam email of someone posing as McAfee Customer Service, telling her that her antivirus program had expired. 

The victim responded to the email and connected with a scammer, who took control of her computer, according to the Sheriff’s Office.

The scammer transferred $60,000 from her money market account into her checking account. He then convinced the victim she owed him $60,000. 

The victim gave him an initial payment of $30,000.

On Nov. 13, the scammer called the victim and demanded the remaining $30,000. He told her he would arrange to pick up the money the following day. 

The victim told her son about the pickup, and her son contacted law enforcement. The Stanislaus Sheriff’s Office General Crimes Unit immediately began investigating the case, according to a news release. 

An undercover operation was conducted Nov. 14. Undercover detectives waited for the scammer to pick up the money at the victim’s residence. 

Around 12:30 p.m. that day, Chen was arrested when he arrived at the victim’s home as . He is being held on a $110,000 bail.

The case is still under investigation, and it is unknown if there are any additional victims or suspects.

Common scams targeting older adults in Stanislaus County 

The Stanislaus County Sheriff’s Office said scammers are “good at pretending to be from an organization” and that they will often tell you there is a problem, for example: that you owe money to the government, that someone in your family had an emergency, there is a problem with your bank account or a virus on your computer. Others will say you won a lottery or sweepstakes, but you must first pay a fee. 

Scammers will pressure you to act immediately, according to the Sheriff’s Office. If not, there will be consequences, like arrest or suspension of privileges. They will ask you to pay using a specific method, such as an app or money order.

The average amount of money scammed from victims under age 19 is $250, Byron Nelson, an attorney at Stanislaus County’s Senior Advocacy Network-Senior Law Project, told The Modesto Bee in May 2023. The average amount scammed from victims age 80 and over is $1,500. 

“Some of it is opportunity,” Nelson said at the time. “Older adults are in their home and a lot of them are retired and they are the ones that will open the door, they are the ones that will answer the phone.”

Some common scams that have targeted local senior citizens in the county, according to Senior Law Project, include:

• Romance scams
  
• Banking scams
  
• Solar scams 
• Medicare scams 
• Investment scams 
• Sweepstakes and lottery scams 
• Grandparent scams 
• Tech support scams 
• Refund scams 
• Account verification scams 
• Financial scams 
• Health care scams 
• Identity theft 
• Home repair/improvement scams 
• Telephone and internet scams 
• Phishing scams 
• Online shopping scams 
• Charity scams 
• Government stimulus/grant scams 

The Office of the Attorney General has detailed some of these scams on its website.

How to prevent being scammed 

To avoid scams, do not provide personal or financial information in response to a request you did not make, the Sheriff’s Office says. Honest organizations will not call, email, or text to ask for personal information, according to police. 

“Please resist the pressure to act immediately,” the news release read. “An honest business will give you time to make a decision. Please stop and talk to someone you trust before you do anything else.” 

The Senior Law Project recommends these tips to avoid becoming a victim of a scam: 

• If you don’t recognize the phone number, you don’t have to answer the phone 
• If a company calls and requests money or information, hang up and call the number listed online 
• If your child or grandchild calls to ask for money, hang up and call to see if there really is trouble
• Before signing an electric contract, request a paper copy in your native language and review it 
• You can’t win something if you haven’t entered 
• If it sounds too good to be true, it probably is.

Full Article & Source:
Man arrested on suspicion of scamming elder adult in Stanislaus out of $30k. How it happened

Woman charged in elder-abuse case

A Huntland woman was released on a $500,000 bond after being arrested in connection with allegations of elder abuse and theft.

Betty Jean Duncan, 55, appeared in Franklin County Circuit Court Tuesday, according to court records, and she is scheduled to appear again on Jan. 21, 2025.

An investigation by special agents with the Tennessee Bureau of Investigation has resulted in the indictment and arrest of Duncan, according to a TBI press release.

On July 9, at the request of 12th Judicial District Attorney General Courtney Lynch, agents began investigating allegations of theft by Duncan, who operated a care facility in Franklin County, according to reports.

Agents learned that an 82-year-old female who had been allegedly under Duncan’s care passed away in March, the press release said.

A review of the woman’s financial accounts during the investigation found discrepancies where large sums of money appear to have been transferred from the victim’s account to an account co-owned by Duncan, reports said.

Agents later identified Duncan as the individual allegedly responsible for taking the money, the press release said.

On Nov. 18, a Franklin County grand jury returned an indictment charging Duncan with one count of theft over $250,000 and one count of financial exploitation of an elderly or vulnerable adult, the press release said.

On Nov. 19, TBI agents and deputies with the Franklin County Sheriff’s Office arrested Duncan, the press release said, adding that she was transported to the Franklin County Jail and booked on a $500,000 bond.

Full Article & Source:
Woman charged in elder-abuse case