Showing posts with label Fine. Show all posts
Showing posts with label Fine. Show all posts

Tuesday, October 11, 2022

Investigators found high rates of bed sores and extended isolation among Providence nursing home patients, leading to $310K fine

By Annie Berman

Providence Extended Care, located near Boniface Parkway in East Anchorage, as photographed on Thursday, Sept. 29, 2022. (Bill Roth / ADN)

One of Anchorage’s largest nursing home and rehabilitation facilities was fined over $300,000 this year for what federal investigators described as serious deficiencies including extended isolation and numerous residents with chronic bed sores.

The approximately 90-bed Providence Extended Care facility is located off Boniface Parkway about 4 miles from Providence Alaska Medical Center, the state’s largest hospital. Providence describes the center as providing a home environment for patients who need long-term nursing or rehab services.

The Centers for Medicare and Medicaid Services levied the $310,369 fine earlier this year after investigators discovered problems at levels higher than were reported at other similar facilities in Alaska last year.

Providence officials say the federal findings, which have since been rectified, occurred in the wake of the state’s worst COVID-19 wave, which overwhelmed Alaska’s health care system and prompted staff shortages as well as sometimes extreme measures to protect these at-risk patients from the virus.

In a report from December 2021, surveyors with the Centers for Medicare and Medicaid noted instances of patients who did not leave their rooms for months or even, in the case of one patient, two years.

They also found advanced bed sores involving wounds that had festered long enough to develop dead tissue, a situation generally considered an immediate health risk, among nearly a quarter of all residents at the time — well above the national average for similar facilities.

One of the many violations, involving residents quarantined to their rooms when federal COVID-19 guidelines didn’t require such a drastic step, was serious enough that it “placed the residents residing in the facility at risk for loss of independence, self-esteem, and quality of life,” the surveyors wrote.

Providence Extended Care has since paid the fine, passed a reinspection that occurred a few months later, and is now in good standing with the Centers for Medicare and Medicaid, an agency spokesperson said recently.

The pandemic’s role

Providence hospital officials say the investigation, which took place in December after the height of Alaska’s COVID-19 delta wave, illuminated the consequences of a severe staff shortage brought on by the pandemic and the burden that nursing homes like Providence’s were forced to undertake when hospitals needed a place for patients to go to free up beds for coronavirus patients.

At the time of the site visit, Providence Extended Care and other skilled nursing homes in the state were serving as overflow for the main hospitals, an unusual role that added new patient loads to the already-understaffed facility.

In a statement to the Daily News, facility leadership described the actions that had been taken in response to the survey, which included closing one of the cottages and discharging residents to other skilled nursing facilities in order to free up staff, forming a work group to respond to the bed sores and reeducating staff on quality assurance measures.

“We take all citations very seriously and quickly corrected deficiencies,” according to an emailed statement from Providence leadership.

All facilities that receive Medicare and Medicaid funding are required to pass regular inspections from federal and state surveyors who arrive periodically and without warning to check on quality of care.

Jared Kosin, president of the Alaska Hospital and Healthcare Association, said in an interview that it is normal for those inspections to unearth dozens of minor and sometimes insignificant problems that need to be addressed.

According to a database managed by ProPublica, in 2021, five nursing homes in Alaska out of 20 that qualify for that funding were faulted for one or two serious deficiencies. Providence Extended Care was cited for five.

‘Nothing to get up for’

The report described multiple instances of patients confined to their rooms for long periods of time.

Providence says that at the time, it was following federal rules and regulations meant to prevent highly vulnerable residents from contracting COVID-19.

But the surveyors appeared to find instances where those precautions may have been taken too far.

One resident, in a late December interview with investigators, said they no longer got out of bed and hadn’t left their bed in two years. Another resident told investigators the last time they’d been out of bed was to be taken to the hospital — nearly two months earlier.

A third resident told investigators that “there was nothing to do, nothing to get up for,” according to the report.

Others described being unable to visit friends in other parts of the facility, exercise, or sit in the dining room and look out the window. They complained about limited activities and few opportunities for socializing or mental stimulation.

“We are doing Zoom bingo at the moment, that is the only group activity,” one resident told investigators.

Spending so much time in bed also contributed to one the more serious findings in the report concerning “pressure ulcers,” also known as bed sores.

Bed sores are skin injuries caused by persistent pressure, and typically show up on people confined to bed or who sit in a chair or wheelchair for long periods of time.

At the time of the report, roughly a quarter of all residents at Providence Extended Care had advanced or “unstageable” pressure ulcers, a serious condition in which the base of the wound is covered by dead tissue.

Surveyors noted the facility “failed to ensure that residents received the necessary care and services to prevent the development of new pressure ulcers” in one in seven surveyed residents.

The center’s failure to stop the progress of sores resulted in “physical harm to residents who developed deep tissue injuries” with two developing medical complications, the report said.

Providence said the increase in ulcers was an “unintended consequence of adhering to the CDC’s COVID-19 guidelines directing residents to remain in their rooms as much as possible to limit possible COVID-19 exposure and spread,” according to the statement from leadership.

“In the absence of group activities and being able to move freely through the facility, residents spent more time in bed than usual and experienced this negative outcome,” the statement said.

‘There are trade-offs’

Currently, Providence Extended Care is caring for 94 residents, 10 of whom are being treated for pressure ulcers, according to Mikal Canfield, a spokesman for Providence.

That level is well below what it was in late 2021, and close to the national average in nursing homes, which was around 11%, according to a 2009 federal Centers for Disease Control and Prevention report.

Asked what the extended care facility could have done differently, Providence Alaska’s chief medical officer, Dr. Michael Bernstein, said facility administrators could have considered offering increased incentive wages to hire more staff as travel nurse demand skyrocketed and health care job resignations hit all-time highs.

Ultimately, though, Bernstein said most of the precautions taken to protect residents from getting COVID-19 were necessary, despite some of the negative outcomes identified in the report.

“I don’t think we, even in retrospect, would have done that differently, because although some people may have dealt with pressure injuries, that’s better than dying from COVID,” he said. “There are trade-offs in those decisions.”

Full Article & Source:
Investigators found high rates of bed sores and extended isolation among Providence nursing home patients, leading to $310K fine

Sunday, September 22, 2019

Troubled Rastelle Manor assisted living facility in Daytona Beach will change ownership

Rastelle Manor in Daytona Beach
CIJ Ventures & Properties LLC began to take over the assisted-living facility after Florida’s Agency for Health Care Administration issued a final order in July to the former owners.

After five years of “deplorable” conditions and multiple calls to local law enforcement regarding dangerous residents and other issues, Rastelle Manor in Daytona Beach may soon be getting a new owner after the state told the current owners they had to sell.

But records show the troubled assisted living facility’s current owner once shared an address with the prospective new owner. Documents from the Florida Secretary of State office show that the facility’s current owners and the people who want to buy Rastelle Manor once shared an address for separate businesses in 2009.

According to the Florida Department of State Division of Corporations, Jeffery Gasmena is listed as the owner of CIJ Ventures & Properties, the company wanting to take over Rastelle Manor, the 25-bed facility at 934 S. Ridgewood Ave. Rastelle Manor’s current owner is Bersonn LLC, which has owned the facility since 2005.

In April 2009, state records show Gasmena was the owner of Holy Hands Assisted Living and Care Services. That company shared an address — 815 W. Daughtery Road, Lakeland — with New Era Assisted Living Facility, which is also owned by Bersonn LLC.

Bersonn LLC, owned by Cheryl and Winston Bernabe, took over the New Era facility in Lakeland in August 2009, according to Florida’s Agency for Health Care Administration. Holy Hands, which is not listed with AHCA, had the same address as New Era until changing their address in April 2010, according to state records.

But Jhuelian Gasmena, who will now serve as an administrator for Rastelle Manor with Robyne Gasmena and Cherwai Jan Gasmena, told The News-Journal he does not know anything about Holy Hands and he’s had no previous interaction with the Bernabes. Cheryl Bernabe also said does not know the Gasmena family.

Brian Lee has seen many assisted-living facilities change ownership over to acquaintances during the nearly 20 years he’s been executive director of Families for Better Care, a national non-profit citizen advocacy group dedicated to bringing awareness to the conditions of assisted-living facilities. His experience makes him wonder about the shared address.

“A shared address, that is more than just a coincidence,” Lee said.

But nothing is set in stone yet. In July, AHCA issued a final order to the Bernabe’s that required them to pay a $36,000 fine, restricted them from renewing or applying for another license to operate an assisted-living facility and required them to find a buyer for Rastelle Manor or shut the doors for good by Sept. 13.

Then, last week, AHCA decided to extend the Bernabe’s licence for another month because the change of ownership application is still pending. This will give the agency time to complete a final inspection to make sure the outstanding reporteed issues — such as unsanitary bathrooms, bug infestations lack of social and leisure activities, lack of medication monitoring and background screenings for employees — have been corrected.

Asked if the past shared mailing address between the Bernabes and the Gasmenas presented any issue, ACHA replied in an emailed statement that “CIJ Ventures & Properties does not have a regulatory record that would disqualify them from purchasing this facility.”

Jhuelian Gasmena said he looks forward to turning the troubled facility around.

“I’m aware of the history with the place and I’m very much wanting to get involved in turning that around and hopefully improving its overall image,” Gasmena said. “We actually hired a contractor to come by and give us a quote on renovations that we may be doing.”

But the issues at the facility seem to go deeper than the conditions AHCA has highlighted after recent inspections. A News-Journal investigation into the facility’s history found that from January 1, 2016 until Aug. 15, 2019 there were 108 calls to police about assaults, suspicious activity, civil complaints and disturbances at Rastelle Manor.

Since 2016, 22 incident reports have been filed about the facility with the Daytona Beach Police Department. The complaints included missing residents, residents beating each other, residents throwing chairs through windows, residents threatening employees, suicide attempts, Baker Acts due to suicidal or threatening behavior, death and former residents trespassing on the property.

Three arrest warrants were issued against residents in the same time period for domestic violence charges and failing to appear in court. Many of the residents listed in the incident reports and arrest warrants have been arrested in Volusia County multiple times.

Lee said while it’s good for police to intervene in possibly dangerous situations, the amount of calls made in the almost four-year time period at Rastelle Manor is disturbing.

“It’s frightening to think there’s a regular presence of law enforcement at a facility because of significant criminal issues occurring,” Lee said. “We don’t want to see that. We want to make sure the residents are safe.”

There are currently 23 residents at Rastelle Manor, which determines a monthly payment based on income and is receives Medicaid reimbursement. The lowest monthly payment is $775 a month, according to the Bernabe’s.

“It wasn’t my plan to have to give it up,” Cheryl Bernabe said last week.

Full Article & Source:
Troubled Rastelle Manor assisted living facility in Daytona Beach will change ownership

Monday, February 13, 2017

Maine High Court Hears Considering Sanctions Against Former Probate Judge

The state’s highest court heard oral arguments Friday morning as the justices consider issuing a $10,000 fine and barring former York County Probate Judge Robert M.A. Nadeau from sitting on the bench again.

The Committee on Judicial Responsibility and Disability recommended the sanctions, the harshest the Maine Supreme Judicial Court could hand down short of disbarment, for what it says are five violations of the Code of Judicial Conduct.

Cabanne Howard, executive secretary and counsel to the committee that investigates and recommends sanctions for Maine judges, outlined the five violations to start the hearing.

Nadeau faces the proposed sanctions for actions he took in November 2012, when he directed probate court staff not to appoint certain attorneys to litigants who qualified for indigent legal service, for ordering a lawyer to destroy an email deemed a public document, and for ordering the removal of a lawyer from three cases to which she had been assigned.

The committee also found that in April 2015, Nadeau changed the entire probate court schedule without consulting staff just hours after the commissioners turned down his request for more court days and a raise. During subsequent probate court hearings, he also told litigants who complained about scheduling to contact the County Commissioners to urge them to increase funding for the court.

“The motive was retaliatory to the County Committee for denying his raise,” Howard said. “This was all the cases pending in his court. Everybody got hurt in these delays.”

Nadeau, 62, who lost his bid for re-election in a three-way race last year, has been sanctioned twice previously for violating the code of conduct for judges.

He first was suspended from the bench in 2007 for a week without pay for lying about his opponent in his 2004 re-election bid. He was suspended for 30 days without pay last year for statements he made in a 2013 letter to the attorney representing his former girlfriend in a protection from harassment matter.

Full Article and Source:
Maine High Court Hears Considering Sanctions Against Former Probate Judge

Friday, July 15, 2016

Sentencing hearing set for former municipal judge



A punishment trial is set this week for a former municipal judge for the City of Lone Oak, who pleaded no contest to a charge alleging she misused money belonging to the city.

A jury in the 196th District Court will decide the sentence for Lisa Marie Brown, who was indicted on one count of abuse of official capacity.

Brown, 57, entered an open no contest plea to the charge June 29.

An open plea means no plea bargain agreement has been arranged in the case and that Brown is subject to the full range of punishment.

The indictment alleged that on or about Feb. 18, 2014, during the time Brown served as municipal judge, she “intentionally or knowingly misused government property”, which belonged to the City of Lone Oak, “by withholding cash deposits, or diverting the money for personal use.”

The amount of the allegedly misappropriated funds was said to be between $1,500 and $20,000.

The charge is punishable upon conviction by a maximum sentence of up to two years in a state jail and a optional fine of up to $10,000.

Full Article & Source:
Sentencing hearing set for former municipal judge

See Also:
Former Lone Oak Judge Sentenced to Prison

Saturday, June 25, 2016

Former Mississippi Judge Sentenced for Simple Assault

Bill Weisenberger, a former Madison County justice court judge, was sentenced Wednesday for simple assault after pleading guilty earlier.

Weisenberger was given a six months suspended sentence, three months of supervised probation and three months of unsupervised probation, according to a release from state Attorney General Jim Hood.

In addition, the former judge must pay a $500 fine, $500 to the Crime Victims Fund and must serve 100 community service hours at Our Daily Bread Ministry, a feeding program for low-income families, in Canton.

In February 2015, Weisenberger was indicted for misdemeanor simple assault on a vulnerable adult. The indictment stems from a May 2014 incident at the Canton Flea Market where Weisenberger allegedly struck a 20-year-old African-American man and yelled, “Run, n-----, run.”

Full Article and Source:
Former Mississippi Judge Sentenced for Simple Assault

Saturday, September 6, 2014

Judge Peter Corrigan reprimanded by Ohio Supreme Court for drunken driving conviction

The Ohio Supreme Court publicly reprimanded Cuyahoga County Common Pleas Judge Peter J. Corrigan on Wednesday as a result of his conviction for drunken driving.

Judge Peter Corrigan, center
Corrigan was charged after a Cleveland Metroparks ranger found him slumped over the steering wheel of his car at 4:30 a.m. in December 2012 while it was parked in the Rocky River Reservation.

The vehicle's engine was running, the headlights were on and his foot was on the brake, the Metroparks police report said.

Corrigan told the rangers he had visited a friend and also had been to a restaurant in Cleveland's Tremont neighborhood.

In January 2013, the judge pleaded no contest to operating a vehicle under the influence of alcohol and impeding the roadway.

Rocky River Municipal Judge Donna Congeni Fitzsimmons sentenced Corrigan to three days in jail, fined him $500 and suspended his driver's license for 2013.

Full Article and Source:
Judge Peter Corrigan reprimanded by Ohio Supreme Court for drunken driving conviction

Monday, April 7, 2014

Justices fine Bloomington lawyer, suspend Indy attorney


The Indiana Supreme Court has fined a Monroe County attorney for practicing law while suspended. This week, the justices also suspended an Indianapolis attorney who pleaded guilty to felony wire fraud.

The justices Monday found Bloomington attorney David E. Schalk in contempt. Schalk was suspended in May 2013 for at least nine months. He was convicted of Class A attempted possession of marijuana after trying to set up a drug buy in 2007 with state witnesses in his client’s trial for dealing in methamphetamine. Schalk wanted to prove a witness was still dealing drugs.

The Indiana Court of Appeals upheld his conviction in February 2011.

The Disciplinary Commission asserted in September 2013 that Schalk violated the suspension order by, among other things, representing two people in a guardianship proceeding. Schalk denied any misconduct.

Schalk worked on the matter before his suspension. Afterward, he filed documents in July and September 2013 purportedly as a pro se, pro bono litigant acting on behalf of the ward. He provided his attorney number under his signature line on the filings, did not withdraw his appearance on behalf of his clients, and he asserted he was acting on behalf of someone other than himself, the order notes.

For violating the suspension order, the justices imposed a $500 fine which must be paid within 60 days from Jan. 27.

On Monday, the justices also issued an order immediately suspending Indianapolis attorney Paul J. Page’s law license. Page, of Pittman & Page, pleaded guilty in 2013 to one count of wire fraud in U.S. District Court in the Northern District of Indiana. He agreed to testify if called against co-defendants John M. Bales, a real estate broker, and Bales partner William E. Spencer in a Northern District case.

A 14-count indictment in South Bend alleged Page, Bales and Spencer defrauded the state and a bank over their purchase of a building in Elkhart and a subsequent lease deal with the state's Department of Child Services. A jury found Bales and Spencer not guilty.
 
Full Article & Source:
Justices fine Bloomington lawyer, suspend Indy attorney

Thursday, December 19, 2013

New Mexico Nursing Home Company Agrees to Fine for Obstructing Efforts of State Ombudsman

A company that manages two nursing homes in Santa Fe has agreed to pay a fine and change its practices after admitting to obstructing the efforts of a state ombudsman that investigates resident complaints.

“The administration making derogatory comments about the Ombudsman or saying ‘don’t talk to the Ombudsman, come to me instead’ that is obstruction and intimidation,” said Sondra Everhart, state long-term care ombudsman.

As part of a settlement agreement, Preferred Care Partners Management Group will pay the state $3,500. Everhart said it is the fourth time in her nine years as ombudsman that she has fined a nursing home, and New Mexico is one of the only states where the ombudsman’s office can impose penalties.

In a telephone interview, Everhart said the derogatory comments about the long-term care ombudsman came from the administration at Casa Real Healthcare Center, 150 Galisteo St., and verified by sworn statements by current or former staff members. Her office issued a notice of violation Nov. 1 and imposed an initial fine of $23,500.

But Everhart said the company acknowledged the problems and agreed to make changes, which is the reason the penalty was reduced.

Full Article and Source:
Nursing Home Company Agrees to Fine, Changes

Wednesday, December 18, 2013

Appeal of $10,000 Fine to CA Facility for Leaving Suicidal Patient Unattended is Denied

A federal appeals court has upheld a $10,000 fine against a skilled nursing facility for leaving a suicidal patient unattended, who then walked out of the facility and killed himself.

The U.S. Court of Appeals for the Ninth Circuit said the Department of Health and Human Services' ruled that the decision (Del Rosa Villa v. Sebelius, 2013 BL 330965, 9th Cir., No. 12-71685, 11/26/13) to fine petitioner Del Rosa Villa was supported by substantial evidence. The court denied a petition to overrule decisions that led to the fine.

The unidentified patient first received care at Del Rosa Villa in May 2009 after he broke his leg in a suicide attempt. Hospital employees who treated the man noted psychiatric issues and a risk of self-harm.

After admission to Del Rosa Villa, a nurse noted that the patient should be put on 24-hour suicide watch. The patient was sent to the emergency room after Del Rosa Villa staff couldn't calm him June 5. The patient returned two days later and resumed the unusual behavior. On June 9, the nursing staff allowed him to go outside the facility to smoke, according to court records. He was found 20 minutes later hanging from his belt.

Full Article and Source:
Nursing Home $10,000 Suicide Fine Upheld

Thursday, August 5, 2010

State fines Collinsville nursing home

Rehab center says report inaccurate


By Ken West

A Collinsville senior care center is appealing more than $25,000 in fines levied against it earlier this year. The Illinois Department of Public Health said the fine is the result of a Dec. 5 incident that "involved abuse and neglect of a patient."

Collinsville Rehabilitation & Health Care Center, 614 Summit Ave., was fined $20,000 by that state agency and $5,300 by the Centers for Medicare and Medicaid Services. CMS, a federal agency, works with the state Department of Public Health to certify that nursing homes meet Medicare standards and conducted the investigation.

In reports dated Jan. 6, the state and federal agency allege the Collinsville facility failed to provide a safe living environment for a female resident who feared sexual assault from a male resident. According to those agency reports, the man allegedly entered the woman's room and pulled up her skirt, leaving only after she screamed. Jifi Jacob, administrator for the Collinsville facility, said the Illinois State Police investigated the incident, but no charges were filed against the man.

Melanie Arnold, spokeswoman for the state Department of Public Health, said the nursing home did not conduct a criminal background check as required when the man was admitted.

But Jacob said they are appealing because their background check did meet requirements. He said the Illinois Department of Corrections placed the man at their facility and did not tell them the man posed a threat.

"We checked the National Sex Offender Registry and he was not listed," Jacob said.

The man was at the center 14 days, Jacob said. He said other facts in the state and federal reports are incorrect also.

"We are actively appealing that decision," he said.

Liz Surgner, public affairs officer for the Centers for Medicare and Medicaid Services, said that agency added its fine because the nursing home did not report the incident to them as required. She said a follow-up visit by the agency showed the Collinsville center was back in compliance with Medicare rules by Jan. 15.

Full Article & Source:
State fines Collinsville nursing home