Showing posts with label Sexual Abuse. Show all posts
Showing posts with label Sexual Abuse. Show all posts

Friday, February 28, 2020

Nursing home cited for death, sexual abuse

Photo by Clark Kauffman/Iowa Capital Dispatch The Rowley Memorial Masonic Home in Perry was fined more than $100,000 last year due to numerous patient-care violations.
A Dallas County nursing home that cut staffing to compensate for financial losses is on a federal watch list after inspectors cited the home for contributing to a resident death, hiring an unlicensed caregiver, failing to protect residents from sexual abuse and allowing a kitchen worker to supervise its dementia ward.

Financial troubles at the Rowley Memorial Masonic Home in Perry have been so severe in recent years the home was unable to buy bottled oxygen for the elderly residents who needed it simply to breathe, according to state records.

The home is now on the Centers for Medicare and Medicaid Services’ Special Focus Facilities list. The national list was created to identify those homes that have an established pattern of numerous, serious violations related to resident care. The home is currently operating on a conditional license from the state.

State records indicate the facility, which is home to roughly 40 older Iowans, has been struggling financially for at least five years. In 2018, the trust that operates the home posted a net loss of $1.3 million and was doing business with less than 45 days’ cash on hand. At the time, the facility’s auditors said the trust hoped to make up for those losses in part by adjusting “staffing ratios to be as cost effective as possible while maintaining quality care.”

That same year, the number of quality-of-care violations cited by state regulators more than tripled, from six in 2017 to 22 in 2018. Over the next two years, the home was repeatedly written up for insufficient staff, although no state fines were imposed.

In 2019, violations at the home increased again, totaling 36 in number. State inspectors could have fined the Perry home at least $25,000 for those violations. The state fines were suspended, however, so that federal officials could determine what fines, if any, should be imposed.

Dean Lerner, who served as director of the Iowa Department of Inspections and Appeals under Democratic Gov. Chet Culver, said the state is partly to blame for resident-care issues such as those at Rowley.

“Leadership at the facility abdicates their care responsibilities to residents, and leadership at the state abdicates their oversight responsibilities,” he said. “The regulations that Iowa’s Republican administration loves to hate are crucial to protect the health, safety, welfare and rights of residents.”

John Hale, an advocate for older Iowans, said the residents of Iowa care facilities deserve better.

“The typical Iowan who reads about the failings of this nursing facility would shake their head in sadness and disgust,” he said. “So what should be done? Doing more inspections, citing more violations, levying more fines, putting a facility on a watch list, etcetera, may not be enough. If the unacceptable level of care cited in past years continues, the state and federal government should be looking at stronger actions that could include stepping in and obtaining a change in ownership or management of the facility.

The Rowley Memorial Masonic Home in Perry, Iowa, is now on a federal watch list due to numerous, serious violations of resident-care standards. (Photo by Clark Kauffman/Iowa Capital Dispatch)

The administrator of the Rowley Memorial Masonic Home declined to speak to a reporter Tuesday, and referred all questions to a corporate office, which he declined to identify.

The home is owned by the Herman L. Rowley Memorial Trust and is part of the Rowley Masonic Community complex, which includes assisted living units and independent living apartments. The facility is run by Health Dimensions Group, a Minnesota company that manages nursing homes in Iowa, Colorado, Wisconsin, Illinois and other states.

In May 2019, the home was cited for failing to have on hand any portable liquid oxygen tanks for the residents who had been prescribed continuous oxygen. Inspectors determined the facility’s oxygen-tank supplier had stopped making deliveries of oxygen due to non-payment of past-due bills.

The inspectors then discovered there were 31 vendors – including suppliers of medical equipment – that were owed almost $600,000 by the Rowley Memorial Masonic Home. Seven vendors that provided essential resident-care services told inspectors they would no longer do business with the home. In addition to that, the facility was $600,000 behind on its mortgage, inspectors said.

At the time, the facility was also cited for a 16% medication-error rate. One resident had to be taken by ambulance to a hospital after being found unresponsive in bed after a staff-induced drug overdose.

Inspectors also cited the home for failing to have a functional call-light system that would allow residents to summon the staff for assistance. Residents reported soiling themselves as they waited 40 minutes for someone to come to their aid. An audit of the call-light system revealed 472 instances, over a seven-week period, in which residents waited 15 minutes or more for a response.

In the wake of that inspection, federal officials fined the home more than $106,000.

The Rowley Memorial Masonic Home is now operating on a conditional license issued by the state. (Photo by Clark Kauffman/Iowa Capital Dispatch)

Two months later, in July 2019, inspectors returned to the home and cited it for failing to protect a male resident of the home’s dementia unit from sexual abuse at the hands of another male resident. In one instance, a worker saw the alleged perpetrator pin the victim against the wall and put his hand in the other man’s pants. The facility was also cited for medication errors, insufficient staff, and inadequate training for the staff. Residents were waiting up to 62 minutes for a response to their call lights, inspectors alleged.

In October 2019, inspectors returned to the home and issued a 111-page report detailing 21 additional violations, including failure to complete background checks on workers; failure to report physical altercations among the residents; medication errors; improper use of psychotropic drugs; and employing as a nurse aide an individual who had failed the skills test three times and wasn’t state certified as required by law.

The home was also cited for having insufficient bedside medical equipment for a tracheostomy patient who was found in bed, not breathing, three days after admission. With no equipment readily available to suction the resident’s airway, a nurse aide tried to breathe air into the man’s lungs using only her mouth on the surgical hole in his neck. The man was rushed to a nearby hospital where he died two hours later.

The home’s nurse manager and director of operations each told inspectors the man should never have been admitted to the home given the level of skilled care he required.

On at least nine occasions in the month leading up to the October inspection, the only person working a shift in the home’s dementia unit was a kitchen worker who told inspectors he had been “sitting shifts” in the nursing department for about two months, although he had no medical certification of any kind. He told inspectors that while he couldn’t legally provide resident care, he supervised the unit and could shut off residents’ call lights and inform them someone else would eventually come to assist them.

Other workers told inspectors the facility was often short-staffed and residents were falling and being injured as a result. They acknowledged their practice was to answer call lights by shutting them off with a promise to return later and provide whatever assistance the residents needed.

Even with state inspectors on site, there were times when the dementia unit was either entirely unstaffed or had only one nurse aide present. An inspector observed one resident near a doorway repeatedly yelling, “Help me,” with no workers responding.

Additional state inspections were conducted at the home in November, December and January, but the Iowa Department of Inspections and Appeals has yet to publish the findings from those inspections on its web site.

In November, the agency suspended all Medicaid and Medicare payments for new admissions to the home.

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Nursing home cited for death, sexual abuse

Tuesday, December 17, 2019

Crane, Mo. man pleads guilty to sexual abuse against nursing home residents

By Kadee Brosseau

CRANE, Mo. -- A Stone County man has been sentenced to seven years in prison after pleading guilty to first degree sexual abuse.

Paul Christianson, 44, of Crane was originally accused of raping two mentally handicapped women at Ozark Mountain Regional Healthcare in Crane.

According to online court records, Christianson accepted a plea deal on December 2, 2019. In addition to being sentenced to seven years in the Missouri Department of Corrections for the sexual abuse conviction, Christianson will also undergo the 120 day Sex Offender Assessment Unit (SOAU) program. Under state law, if Christianson successfully completes the program, he could be released on probation after serving 120 days.

On December 2, Christianson also plead guilty to a misdemeanor charge of sexual conduct with a nursing facility resident or vulnerable person. He was sentenced to 90 days in jail for that charge, which he has already served.

According to court documents obtained through the Stone County Prosecutor's Office at the time of the June 2018 crime, investigators went to Christianson's home and arrested him after they interviewed a victim of the crime. Detectives say Christianson admitted to having sexual intercourse a minimum of five times with two different females in the residential home. Christianson also admitted to committing other sexual acts with the women. According to investigators, the women have diminished mental capacity and lacked the ability to consent. Documents also show that the crimes happened between June 1, 2018 and August 15, 2018.

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Crane, Mo. man pleads guilty to sexual abuse against nursing home residents

Sunday, September 10, 2017

Alzheimer’s patient was sexually abused, state says. Now nursing home says it’s closing

Eagle Crest nursing home
A large Carmichael nursing home that was targeted for years by government regulators for poor quality care has decided to voluntarily close after state inspectors determined that a female resident was sexually abused multiple times by another resident at the facility.

For 37 months, the Eagle Crest nursing home, formerly known as Carmichael Care & Rehabilitation Center, was on the federal government’s consumer-beware list of troubled facilities. Other facilities nationwide came and went from the list, but Eagle Crest remained, supposedly operating under stepped-up scrutiny intended to nudge it back into compliance.

In June, the state had had enough.

Documents obtained late Friday from the California Department of Public Health show that the state recommended this summer that federal regulators drop the facility from its Medicare provider rolls, a drastic action that strips a nursing home of its critical government funding.

Instead, the nursing home’s owner acted first.

In a business move that will upend the daily lives of dozens of patients and their families – and significantly reduce the number of skilled nursing beds in the Sacramento region – Pennsylvania-based Genesis HealthCare Inc. recently notified the state it would voluntarily close Eagle Crest in October.

The company took issue with the state, though, noting that the 126-bed facility had self-reported the allegation of sexual abuse in February. The company disputed the state’s findings that an “immediate jeopardy” citation was warranted or even that the facility was out of compliance at all.

A finding of immediate jeopardy, known as an IJ, is a heart-stopper for nursing home operators and can carry among the steepest penalties. Immediate jeopardy is called when a provider’s noncompliance has caused, or is likely to cause, serious harm or death to a resident.

In its investigation, the state found that the female patient, who had Alzheimer’s disease, had been fondled, kissed and abused by a male resident who was known to be a risk for inappropriate sexual behaviors and had a “history of inappropriate touching of a confused patient,” state documents show. Even so, the male resident, who the state report described as “cognitively intact,” was not receiving one-on-one monitoring, the report says.

The facility’s failure to safeguard the woman had placed all 36 female residents at risk for sexual abuse, the state found.

The facility had self-reported to the state that the man had been found in February in the woman’s room, pulling up his pants while she lay fully undressed in her bed, documents show.

On June 22, the state notified Eagle Crest administrator Harumi Hurrianko it was recommending that the Centers for Medicare and Medicaid Services terminate its provider agreement. A month later, a lawyer for Genesis notified the state it would voluntarily close, calling the immediate jeopardy citation the “straw that brings us to make this difficult decision.”

The closure of one of the region’s largest skilled nursing facilities startled elder care advocates this week. They say they are worried about the loss of beds and the stress placed on vulnerable residents suddenly being forced to relocate, possibly out of the county. The single-story beige building is located along a busy stretch of Fair Oaks Boulevard, about a mile west of the boundary between Carmichael and Fair Oaks.

Over the years, Eagle Crest has had its share of notoriety, including a rash of state citations and fines, numerous federal deficiencies and generally poor ratings. Some recent inspection reports show the facility has been written up and penalized for inadequately treating or preventing bed sores, failing to self-report possible abuse and not attempting CPR on a resident who wished to be resuscitated.

But none of the health care advocates contacted by The Bee late this week was aware of the sexual abuse allegations that preceded the company’s decision to close.

“This really caught us off-guard,” said California’s long-term care ombudsman, Joe Rodrigues, reacting to the closure news. He noted that the local ombudman’s office first learned about the company’s closure plans around mid-August.

“This is going to have a big impact; it’s such a large facility,” Rodrigues said. “Where are we going to find homes for these people? And why are they closing this facility in the first place?”

A spokeswoman for Genesis Healthcare, Jeanne Moore, would not say why the facility was closing. But Moore offered assurances in an email that the facility is coordinating the closure with the California Department of Public Heath and “will comply with the requirements for closing a nursing center.” Closure will be around Oct. 20, she said.

“We will continue our day-to-day care and operations during this process until our last patient or resident is transferred and the center is closed,” she stated. “We will take all reasonable precautions to eliminate or reduce any negative effects that may result from the transfer.”

She specifically cited three other facilities owned by Genesis in Northern California that could take residents from Eagle Crest: American River Care Center in Carmichael, Creekside Center in Stockton and Willows Center in Willows.

Two of those facilities have had their own alleged quality issues, with both American River and Willows Center receiving “below-average” ratings in an ongoing statistical analysis of California nursing homes by the University of California, San Francisco. The database, which examines numerous aspects of facilities from staffing ratios to complaints to deficiency trends, was created to help consumers make long-term care choices.

Eagle Crest currently has an overall “poor” rating, while Creekside Center was deemed “superior” in the ratings available on the CalQualityCare.org website.

Of the 59 nursing homes in the four-county region, only 15, or about a quarter, have more licensed beds than Eagle Crest. Genesis informed the California Employment Development Department that 72 jobs also would be lost in the closure.

A spokeswoman for the California Department of Public Health, which licenses and inspects nursing homes, said the state approved the closure and relocation plan on Aug. 4.

Under California law, if 10 or more residents are likely to be moved due to a change in a nursing home’s operation, the facility must submit a proposed relocation plan to the state and cannot proceed until it’s approved. Whenever homes close, advocates worry about possible “transfer trauma,” in which the upheaval and separation from family, friends and known caregivers can cause serious harm and even death to fragile residents.

“People who live in nursing homes are extremely vulnerable,” said Michael Connors of California Advocates for Nursing Home Reform, based in San Francisco. “Separating them from everyone and everything they care about is cruel and traumatic.”

Transfer trauma has become a hot topic in California. Outrage erupted last year in Humboldt County over the prospect of widespread transfer trauma when the state’s largest nursing home owner, Shlomo Rechnitz of Los Angeles, threatened to close three of his facilities in the remote region. Before Rechnitz significantly modified his plan, some patients were facing the possibility of moving hundreds of miles away.

As a result, Assemblymen Jim Wood, D-Healdsburg, introduced a bill that would increase the amount of advance warning that residents and others receive prior to a nursing home closure. AB 275 was signed by the governor on Friday.

Even before the Eagle Crest shutdown, the Genesis chain of nursing homes had been facing widespread regulatory and public-relations problems.

In June, the U.S. Department of Justice announced that Genesis HealthCare Inc. would pay the government nearly $54 million to settle six federal lawsuits. The government alleged that companies and facilities acquired by Genesis had submitted false claims to government health care programs for medically unnecessary services, and “grossly substandard nursing care.”

A 2014 Bee investigation found that nursing homes operated in California by Genesis HealthCare received complaints of abuse at seven times the statewide average. The company is headquartered in Kennett Square, Pa.

The closure of Eagle Crest illustrates the difficulty regulators have in pushing operators to make improvements amid accusations of substandard care – even when they are publicly shamed by government inspectors.

Eagle Crest spent more than three years on the “Special Focus Facility List” maintained by the U.S. Centers for Medicare and Medicaid Services. The list is a kind of improve-or-else warning program aimed at getting operators to correct serious problems, or lose their ability to collect government funding.

Special Focus Facilities are surveyed more frequently and, if problems persist, are subject to possible fines and other penalties, including termination from the Medicare and Medicaid programs.

On the latest list, updated Aug. 17, only one nursing home out of 118 nationwide that were publicly identified had been on the list longer than Eagle Crest.

“It’s a token enforcement program that’s done a poor job of turning around dangerous nursing homes,” said elder-care advocate Connors. “The question is, what’s wrong with the system if the worst of the worst are under all this scrutiny – then why aren’t they getting better?”

California, with 1,241 licensed skilled nursing facilities, currently has seven nursing homes on the feds’ consumer-beware list. One, in Fairfield, has “shown improvement,” the list reveals, while another in Los Angeles is said to have recently graduated.

The other California homes, including Eagle Crest, are defined by the government as having “serious quality issues” and have been assigned to the program to “stimulate improvements,” according to the government’s web page on its Special Focus Facility Initiative.

Read more here: http://www.sacbee.com/news/local/article170894757.html#storylink=cpy

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Alzheimer’s patient was sexually abused, state says. Now nursing home says it’s closing

Wednesday, May 31, 2017

NY: Former Nursing Home Worker Convicted of Sexually Abusing Patients

A former employee of an upstate nursing home was convicted Tuesday of sexually abusing six residents who had suffered traumatic brain injuries, the New York state Attorney General’s office announced.

Jacky Stanley will face between 8 1/3 and 25 years in prison, according to Attorney General Eric Schneiderman. He was convicted of offenses against all six victims at the Northeast Center for Special Care in Lake Katrine, Ulster County, and all the victims testified at trial, Schneiderman said in a news release.

“Jacky Stanley used his position as a caretaker to commit reprehensible and disturbing acts of abuse. The bravery shown by his victims at trial will help ensure that he will never be able to terrorize vulnerable New Yorkers again,” Schneiderman said in the release.

The nursing home provides care to those who have suffered traumatic brain injuries caused by stroke, car accidents, falls and other incidents. Stanley was responsible for helping new residents get acclimated, and helped manage the social environment and ensure that residents participated in required programs as a “neighborhood counselor,” the release said.

Full Article and Source:
Former Ulster County Nursing Home Worker Convicted of Sexually Abusing Patients