State Sues Arlington Nursing Home, Alleging Neglect of Patients

The state is suing Oakwood Nursing and Rehabilitation in Arlington over allegations that patients with pressure sores did not receive proper treatment, including one man who died of an infection after he was hospitalized.

The suit against Oakwood was filed earlier this month in Tarrant County court by the Texas attorney general’s office on behalf of the Department of Aging and Disability Services, the agency that regulates and licenses nursing facilities. The department conducted investigations in March and April of 2013 after receiving complaints about treatment of patients with pressure sores.

The suit is seeking up to $20,000 per violation, alleging that Oakwood violated minimum care standards, and health and safety codes for treating patients with pressure sores, commonly known as bed sores, and for failing to maintain proper medical records.

 The state is also seeking permanent injunctions against the company to prohibit operating nursing facilities in violation of licensing standards and from failing to properly monitor patients with pressure sores.

 Recommended penalties
Gale said the agency recommended penalties including termination of Medicare and Medicaid certification, but the state’s recommendation was rescinded by the federal government. 

 Other recommendations included denial of payments for new Medicare and Medicaid admissions, and the federal government imposed that penalty from May 11 through June 30 of 2013. Oakwood was also ordered to pay a $156,835 penalty.

 Oakwood has also applied to renew its license, which expires on Aug. 1 of this year.

This is the second lawsuit to be filed by the attorney general in recent weeks against assisted living or nursing facilities.

Full Article and Source:
State Sues Arlington Nursing Home, Alleging Neglect of Patients

Read more here: http://www.star-telegram.com/2014/06/19/5912544/state-sues-arlington-facility.html?rh=1#storylink=cpy

Plans for Sweeping Change at CA Assisted Living Homes!

A bipartisan group of California legislators is calling for widespread changes in how the state licenses assisted-living homes, from increasing the public's ability to review complaints made against facilities to quadrupling the number of training hours required of caregivers.

With more than a dozen bills making up a residential-care-facility reform package - their costs not yet determined - advocates calling for greater transparency and accountability say they feel confident the money needed to fix the Department of Social Services' Community Care Licensing Division will be there.

Those efforts will be aided by state Sen. Mark Leno, D-San Francisco, and Assemblywoman Nancy Skinner, D-Berkeley, who control the purse strings in each house as budget chairs. Both are authoring bills addressing residential-care concerns borne from last year's faulty closure of Valley Springs Manor in Castro Valley.

More than a dozen residents were left behind at the assisted- living facility after the state ordered the care home to be closed but did little to ensure that its elderly residents were transferred or cared for.

A cook and a janitor with no training in caring for the elderly stayed with the residents after caregivers and managers left. The two, working without pay, repeatedly called 911, saying the residents needed help. The owner of the facility had previous violations at a facility in Oakland.

Most of the bills highlighted by lawmakers on Monday are sponsored by the California Advocates for Nursing Home Reform. State Senate Majority Leader Ellen Corbett, D-San Leandro, has one of the key bills of the reform package, which requires annual state inspections of assisted-care facilities, compared with the every-five-years model currently in place.

Leno is planning to introduce a bill that bans assisted-living facilities from accepting new residents if serious health or safety violations have not been addressed or if there are unpaid fines. Other lawmakers have plans for bills that increase fines or require caregivers to have 40 hours of training, instead of 10 hours, before working with elderly residents.

Full Article and Source:
Plans for Sweeping Change At Assisted Living Homes

See Also:
CANHR.org

Ashwood Assisted Living has license revoked; facility closed

Ashwood Assisted Living facility in Hampton has closed its doors. On Sept. 25, the Commissioner of the Virginia Department of Social Services issued a final ruling revoking its license to operate.

Its license expired more than a year ago in August 2012. Since then owner Scott Schuett had been following the lengthy appeals process to keep it in operation despite continued inspections showing numerous violations. Of six facilities he once operated in the region, only Chesapeake Home in Chesapeake remains open.

On Tuesday, Oct. 1, 2013, the facility was empty, its doors locked. All of its residents, who receive SSDI and auxiliary housing grants, have been relocated.

Full Article and Source:
Ashwood Assisted Living has license revoked; facility closed

See Also:
State Closes Hampton Assisted Living

Hampton's Ashwood raises questions about licensing process

Virginia: Scott Schuett, Operator of 5 ALF's, License Revoked!

Scott Schuett: Operator of Peninsula Assisted Living Homes Fights for License

Newport News Assisted Living Facility Closes

Woman arrested for malicious wounding in Newport News retirement home incident

Man Charged in Assulting Woman, 92, in Suffolk

Injury Leads to More Scrutiny for Suffolk Home

Assisted Living Concerns: Facility Resident Tried to Enter Home

Board Alleges Improper Care at Adultcare Homes

State Suspends Assisted-Living Facility Administrator's Licenses

Check the License Status of Any Facility Through the Virginia Department of Social Services Website

Hampton's Ashwood raises questions about licensing process

Months into a waiting game on the future of Ashwood Assisted Living in Hampton, owner Scott Schuett has voluntarily closed two additional homes, Oakwood in Suffolk in June and, last month, Colonial Home in Chesapeake. Of the six homes, housing 400 residents, which he operated just a couple of years ago, only Ashwood and Chesapeake Home in Chesapeake remain open. Neither has a current license.

Conditions at Ashwood have failed to meet state standards on countless occasions over the past few years. Multiple inspections have revealed hundreds of violations, including medication mismanagement, bedbugs and insufficient food for residents. Its license expired a year ago, on Aug. 25, 2012, but it continues to operate while its revocation is under appeal. Chesapeake Home's provisional license expired on June 30.

The latest step in the Ashwood appeal took place at a closed hearing in Newport News at the end of May. At that time the hearing officer said a decision would be made within 90 days. But, according to Patricia "Trish" Meyer, regional licensing administrator for the Virginia Department of Social Services (DSS), the need for additional information extended the hearing process into mid-July, which pushed back the 90-day window. Once the hearing officer's recommendation is received, the DSS Commissioner then has an additional 30 days to make a case decision.

"I would love for this to be resolved as soon as possible," said Lynne Williams, director of the Division of Licensing Programs for DSS which regulates the state's 539 assisted living facilities or ALFs. "I believe providers have rights and should have appeal rights. It can take a very long time to get through the appeals process. It can be quite frustrating."

According to Williams, there are two means of closing a facility, the current process being pursued by DSS with regard to Ashwood, and summary suspension. With the latter, the DSS commissioner can order a facility to close immediately, but it has to go before a judge within three days. "I doubt if we've done it at all this year. There's a heavy burden of proof on us," said Williams, citing an instance where a judge dismissed a case against a facility because "it hadn't killed anyone recently."

When Schuett took over Ashwood in 2009, it was his first foray into working with residents receiving state auxiliary grants. Used with Social Security income, they provide homes with about $1,100 a month for each resident. In a December 2012 interview, Schuett claimed to be the largest provider of auxiliary grant beds in the state. (The program serves about 6,000 people statewide.) Since then, he has declined to give interviews to the newspaper. An administrator who answered the phone at Ashwood this week declined to comment on the facility's status.

"Our goal is always to keep facilities open and get them within compliance," said Williams, citing license revocation as a last resort.

Full Article and Source:
Hampton's Ashwood raises questions about licensing process

See Also:
Virginia: Scott Schuett, Operator of 5 ALF's, License Revoked!

Scott Schuett: Operator of Peninsula Assisted Living Homes Fights for License

Newport News Assisted Living Facility Closes

Woman arrested for malicious wounding in Newport News retirement home incident

Man Charged in Assulting Woman, 92, in Suffolk

Injury Leads to More Scrutiny for Suffolk Home

Assisted Living Concerns: Facility Resident Tried to Enter Home

Board Alleges Improper Care at Adultcare Homes

State Suspends Assisted-Living Facility Administrator's Licenses

Check the License Status of Any Facility Through the Virginia Department of Social Services Website

Virginia: ALF's Continue to Operate Despite Expired Licenses, Violations

Expired facility licenses and a slew of violations, including a lack of qualified administrators, haven't prevented the continued operation of several assisted living facilities, or ALFs, under the ProPlusCare umbrella in Hampton Roads.

Despite ongoing complaints and multiple documented failures to meet the state's standards, thanks to due process, they can continue to operate and take in new residents until all licensing appeals are exhausted. The Department of Social Services, which regulates them, was unable to give a timeline for the process, which in the instance of Madison Retirement Center in Williamsburg has continued for almost a year, since March 2012.

Administrative problems:

Over the years, Scott Schuett expanded ProPlusCare to operate six ALFs — Madison, Ashwood Assisted Living in Hampton, Oakwood Assisted Living in Suffolk, Governor's Inn in Newport News, and Chesapeake Home and Colonial Home, both in Chesapeake — with the capacity to house 400 residents, the vast majority of them low income living on Social Security disability, SSI, supplemented by auxiliary housing grants from the state.

After multiple inspections by the Department of Social Services revealed a litany of violations at each facility, including medication mismanagement, inadequate food supplies, bed bugs and foul odors, Schuett and two of his employees, Rena Gaddy Thomas and Donna Norvell, were stripped of their administrator's licenses in late 2012 by the Board of Long Term Care Administrators. It determined that Schuett's practice posed "a substantial danger to the public health and safety."

Expired licenses and more:

At the end of November Schuett voluntarily closed one facility, Governor's Inn in Newport News, but the other five continue to operate, including Madison, whose conditional license (an indicator of prior problems) expired almost a year ago, in March 2012. Norvell, who lost her license in October, was the administrator of record there. No qualified replacement is listed by the Department of Social Services.

By law, ALFs must employ a licensed administrator or a qualified acting administrator.

Full Article and Source:
Assisted living facilities continue to operate despite expired licenses, violations

See Also:
Scott Schuett, Operator of 5 ALF's License Revoked

Virginia: ALF's Operating on Expired Licenses

These are the five remaining homes operated by ProPlusCare, a company formed by Scott Schuett. In November he appointed Rena (Gaddy) Thomas to take over leadership of the company; he also closed the Governor's Inn facility in Newport News. A month before her appointment, Thomas, who was married to Schuett briefly in 2011, lost her administrator's license for repeated inspection violations at Ashwood Assisted Living in Hampton.

• Ashwood Assisted Living, 40 Hunt Club Blvd., Hampton; 757-827-0000.
Listed Administrator: Rena Thomas (license revoked Oct. 31, 2012)
License: One-year license expired Aug. 25, 2012. Renewal is under appeal.
Last inspection: Nov. 15, 2012; observed unruly resident, urine-soaked pants, no recorded menu substitutions, maintenance issues, call bell not working, foul odors, bed bugs, cockroaches. "The facility failed to assume general responsibility for the health, safety and well-being of the residents."

• Chesapeake Home, 1012 N. George Washington Highway, Chesapeake; 757-485-5597
Listed Administrator: Kristin Krewson
License: One-year license expired Dec. 31, 2012. Renewal inspection completed, waiting for decision.
Last inspection: Dec. 4, 5, 6, 2012; acting administrator failed to document when on site; admitted residents on psychotropic meds without appropriate treatment plan, failed to document assessed needs, menu not posted and did not meet USDA guidelines, improper administration of medications, failure to provide scheduled activities, maintenance issues, and lack of staff training in cognitive impairments.

• Colonial Home, 904 George Washington Highway, Chesapeake; 757-487-9737.
Listed Administrator: None.
License: One-year license expired Dec. 5, 2012. Renewal inspection completed, waiting for decision.
Last inspection: Nov. 26, 2012; Billing irregularity; October renewal inspection found discharge irregularities, medications not available, inconsistent record-keeping, acting administrator hadn't filed application to Long Term Care Board.

• Madison Retirement Center, 251 Patriots Lane, Williamsburg; 757-220-4014.
Listed Administrator: None.
License: Conditional license expired March 5, 2012. Renewal is under appeal.
Last inspection: Nov. 13, 2012; no licensed administrator of record, resident didn't have medical hose on, medication records not accurately documented, needed medications not available, dirty linens, bed bugs.

• Oakwood Assisted Living, 2536 E. Washington St., Suffolk; 757-538-9214.
Listed Administrator: Scott C. Schuett (license revoked Dec. 11, 2012)
License: One-year license expired Sept. 30, 2012. Renewal is under appeal.
Last inspection: Nov. 26, 2012; during renewal inspection "33 violations that were widespread, systemic, pervasive, and with high risk ratings" were observed.

Full Article and Source:
ALF's Operating on Expired Licenses

Virginia: Scott Schuett, Operator of 5 ALF's, License Revoked!

Scott Schuett, who currently operates five assisted living facilities in Hampton Roads, had his administrator and preceptor licenses revoked by the Virginia Board of Long-Term Care Administrators on Tuesday.

After two hours of testimony by state inspectors on conditions involving code violations at three of his facilities — Ashwood Assisted Living in Hampton, Madison Retirement Center in Williamsburg, and Oakwood Assisted Living in Suffolk — the Board deliberated for 30 minutes before voting to revoke Schuett's licenses. Schuett has owned assisted living facilities in the region since 2003. The problems cited at the hearing involved conditions observed in 2011 and 2012. The decision does not prevent him from owning or operating homes with licensed administrators on site.

Schuett was a no-show at the hearing. He informed the Board that morning that family illness prevented him from attending the formal public hearing held in  Henrico County. The hearing followed the Sept. 13 suspension of Schuett's licenses,the Board having determined that his practice posed "a substantial danger to the public health and safety."

The Board also levied a $25,000 fine against Schuett. Lisa Hahn, executive director of the Board, deemed the fine "suitable" for the 28 violations presented. Schuett was informed of the vote by phone. He did not return phone calls for comment. In an interview prior, he indicated that he expected to lose his license and talked of returning to his home state, Michigan. The regulations allow him to petition for reinstatement after three years and the payment of the fine.

Five witnesses spoke about conditions at Schuett's homes. Virginia Goodell, licensing inspector for the Department of Social Services, described the ongoing problems at Madison, a home she described as having a "high population of chronically mentally ill adults." Complaints ranged from a lack of food and infestations of cockroaches and bed bugs to fist fights and the delayed report of the death of a diabetic resident who refused medical care.

Ivy Burnham, the inspector for Ashwood, presented a similarly long list of infractions involving insufficient staffing, undocumented medication administration, failure to follow admissions policies and poor record keeping. Burnham estimated that 90 percent of the facility's residents have mental health issues. Both facilities are in jeopardy of losing their licenses.

Trish Meyer, licensing administrator for the Eastern Regional Office of the Department of Social Services, reviewed inspections from Oakwood. She observed that there had been 19 reported assaults of residents within six months, alone evidence of insufficient supervision.

Full Article and Source:
Scheutt Loses Assisted Living License

See Also:
Scott Schuett: Operator of Peninsula Assisted Living Homes Fights for License

Newport News Assisted Living Facility Closes

Woman arrested for malicious wounding in Newport News retirement home incident

Man Charged in Assulting Woman, 92, in Suffolk

Injury Leads to More Scrutiny for Suffolk Home

Assisted Living Concerns: Facility Resident Tried to Enter Home

Board Alleges Improper Care at Adultcare Homes

State Suspends Assisted-Living Facility Administrator's Licenses

Check the License Status of Any Facility Through the Virginia Department of Social Services Website