Estate of Former U.S. Cadet Nurse Files Landmark Elder Abuse Lawsuit Against The Hebrew Home of Greater Washington

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Estate of Sara McAlpin

Sep 26, 2024, 16:15 ET

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From Bedsores to Black Eyes, Evidence in this Case Reveals Alleged Atrocities Inside Maryland's Largest Nursing Home  

ROCKVILLE, Md., Sept. 26, 2024 /PRNewswire/ -- In a case that is being hailed as part of a new "#MeToo moment for elder abuse," the Estate of Sara McAlpin, a former United States Cadet Nurse who dedicated her life to serving others, has filed a lawsuit against the Hebrew Home of Greater Washington, the largest nursing home in the state of Maryland, for elder abuse, negligence, false claims, wrongful death, breach of contract and fraud.

Sara McAlpin, who passed away at the age of 96, succumbed to complications of elder abuse, including a Stage 4 pressure ulcer, also known as a bed sore - a condition that medical professionals universally recognize as a clear sign of neglect. Her injury, the most severe type of bed sore, was characterized by exposed bone, damage to underlying tissue, and an elevated white blood cell count. It was 4x4x3 cm and larger than the diameter of a teacup.

According to the seven-count complaint, "as a result of deceptive marketing practices, substandard care and infection control, gross understaffing, persistent and continuous roach and vermin infestations, a failure to comply with federal and state law, the Maryland Department of Health regulations, and other relevant regulations, and a failure to meet the most basic needs and contractual obligations of residents, Sara McAlpin and scores of vulnerable elders have experienced pain and suffering or even death at the hands of the very professionals entrusted with their care."

"The tragic irony of a nurse dying from one of the most preventable and insidious problems she would have seen in her own profession cannot be overstated," said Ian McCaleb, spokesperson for the Estate of Sara McAlpin. "Bed sores of this severity are, by definition, the result of neglect."

The lawsuit sheds light on the pervasive issue of elder abuse in the Hebrew Home of Greater Washington, nursing homes, and long-term care facilities. According to the National Council on Aging, approximately 1 in 10 Americans aged 60+ have experienced some form of elder abuse. According to reports, only about one in 24 cases of abuse is reported to authorities.

"Sara McAlpin spent her formative years caring for others as a U.S. Cadet Nurse during World War II. She deserved far better than to die from neglect at the Hebrew Home of Greater Washington," McCaleb stated. "This lawsuit isn't just about Sara; it's about giving a voice to all elderly individuals who suffer in silence."

The case brings attention to the often-overlooked issue of elder abuse, particularly in care settings where residents are most vulnerable. According to medical experts, pressure ulcers, especially those progressing to Stage 4, are preventable with proper care and attention.

The Hebrew Home of Greater Washington provides long-term care and rehabilitation services to the elderly community. Managed by Charles E. Smith Life Communities, the facility is licensed by the Maryland Department of Health's Office of Health Care Quality and the Montgomery County Department of Health and Human Services' Office of Licensure and Regulatory Services.

"We're calling this the #MeToo case of elder abuse because it's time to break the silence," McCaleb added. "Just as the #MeToo movement brought sexual harassment and assault into the spotlight, we aim to expose the systemic issues leading to elder abuse and neglect, even in facilities as prominent as the Hebrew Home of Greater Washington."

This lawsuit comes at a crucial time when Maryland is taking steps to address elder abuse. In July 2023, the Maryland General Assembly authorized the Task Force on Preventing and Countering Elder Abuse. This task force is charged with studying current laws, policies, and practices related to elder abuse, signaling a growing recognition of the issue at the state level.

The lawsuit, filed in The Circuit Court for Montgomery County, Maryland, seeks monetary and punitive damages and calls for systemic changes in elder care practices, not only at the Hebrew Home of Greater Washington but across all care facilities in the state and nation.

For more information about the lawsuit, see case no. C-15-CV-23-0046654.

For media inquiries and the estate's investigation into elder abuse and neglect at the Hebrew Home of Greater Washington d/b/a Charles E. Smith Life Communities, contact elderabuseinquiries@gmail.com.

About Sara McAlpin: She was the proud mother of two children, grandmother to four grandchildren, and "Auntie" to countless nieces and nephews. At the time of her death, Sara McAlpin, age 96, was a retired licensed practical nurse, educator, and child advocate. She served as a United States Cadet Nurse during World War II and continued her nursing career for over four decades, touching countless lives with her dedication and compassion. She co-founded a Montessori school in Philadelphia in 1968. In addition, she served as a special education teacher for the Philadelphia Board of Education. Before retiring, she attended the Birmingham School of Law from 1988-1991.

SOURCE Estate of Sara McAlpin

Source:
Estate of Former U.S. Cadet Nurse Files Landmark Elder Abuse Lawsuit Against The Hebrew Home of Greater Washington

Nursing Home Operators Face Over $115M For Medicare Fraud

By John Kennedy

Law360, New York (February 16, 2017, 10:12 PM EST) -- A Florida federal jury on Wednesday found the operators of 53 skilled nursing facilities liable for more than $115 million in damages stemming from false claims they submitted to Medicare and Medicaid after pretending patients needed and received more care than they did.

The jury ruled on False Claims Act allegations brought by whistleblower Angela Ruckh, who worked at two of the facilities as a nurse, and found that the four defendants — CMC II LLC, Salus Rehabilitation LLC, 207 Marshall Drive Operations LLC and 803 Oak Street Operations LLC — had made varying amounts of false claims, backed up by fraudulent records, to Medicare and Medicaid.

Because the False Claims Act calls for treble damages plus an additional penalty of between $10,000 and $22,000 for each false claim, the defendants will likely have to pay in excess of $345 million, according to Mary Inman and Poppy Alexander of Constantine Cannon LLP, who have been watching the case.

The most affected defendant was CMC II, as successor to Sea Crest Health Care Management, doing business as LaVie Management Services of Florida, which submitted 123 false Medicare claims using more than 130 false statements and should be held liable for $109.8 million in damages, the jury said.

Oak Street, which was doing business as Governor’s Creek Health and Rehabilitation Center, submitted four false claims, backed up by about 50 false records, and is liable for $3.3 million in damages. Marshall Drive, which was doing business as Marshall Health and Rehabilitation Center, followed closely with one false claim backed up by about two dozen false records and should be liable for $2 million in damages, the jury said.

Salus, which was doing business as LaVie Rehab, submitted 44 false claims backed up by an equal number of fraudulent records, but shouldn’t pay anything, the jury said. It wasn't immediately clear why.

The judgment is one of the largest False Claims Act jury verdicts in a while, Alexander said, as Inman noted that such cases, given the punitive nature of the FCA and the pressure it puts on defendants to settle, don’t go to trial often.

“This is what happens when defendants roll the dice and take a case to trial,” Inman, a partner in Constantine’s whistleblower practice, told Law360 Thursday. “They face being hit with treble damages as well as penalties.”

Alexander, an associate in Constantine’s whistleblower practice, said that the case is one of the larger FCA cases dealing with skilled nursing facilities to go to trial. Medicare dollars are increasingly finding their way to skilled nursing facilities, which also makes them a target for fraud, she said.

In the instant case, the defendants were artificially increasing the amount of resources they claimed their patients needed in order to get more money from the federal health care programs. This type of fraud has been repeatedly listed as a top area of concern by the U.S. Department of Health and Human Services’ Office of Inspector General, Inman said.

She added that any skilled nursing provider that sees this verdict should take a look at its own Resource Utilization Group assessment policies and ensure that it’s in compliance with the law and not upcoding.

The verdict could also affect how other courts interpret this type of RUG fraud and how RUG standards are supposed to be interpreted, as well as the use of statistical sampling to determine liability, which was an issue in this case, Alexander said.

Neither party could be reached for comment Thursday.

Ruckh is represented by The Cohen Law Group, Kellogg Huber Hansen Todd Evans & Figel PLLC and Delaney Kester LLP.

The companies are represented by Terence J. Lynam and Robert S. Salcido of Akin Gump Strauss Hauer & Feld LLP and Tina Dunsford of the Florida Health Law Center.

The case is U.S. ex rel. Ruckh v. CMC II LLC et al, case number 8:11-cv-01303, in the U.S. District Court for the Middle District of Florida.

--Additional reporting by Alex Wolf. Editing by Bruce Goldman.

Full Article & Source:
Nursing Home Operators Face Over $115M For Medicare Fraud 

Hospice care provider to pay $18 million for making false claims to Medicare hospice funds

Evercare allegedly filed hospice care claims for patients who were not eligible to receive that care

A Minnesota-based company that operates in Colorado will pay $18 million after falsely claiming Medicare reimbursement for patients who were not eligible for hospice care.

Evercare, now known as Optum Palliative and Hospice Care, settled a lawsuit brought by the Justice Department alleging that the provider knowingly submitted or caused false claims to be submitted to Medicare for hospice care from Jan. 1, 2007, through Dec. 31, 2013. These claims were proved false by Evercare’s medical records, which showed patients receiving Medicare hospice benefits even though they were not terminally ill.

The allegations arose from whistle-blower lawsuits filed by former Evercare employees. The government intervened under provisions in the False Claim Act and alleged that Evercare’s business practices were designed to maximize the number of patients it could bill Medicare for by discouraging doctors from discharging ineligible patients from hospice and failing to ensure accurate records were kept for patients’ conditions.

The agreement included no admission of wrongdoing by Evercare.

Since January 2009, the Justice Department has recovered more than $30 billion through False Claims Act cases, with more than $18.3 billion of that amount recovered in cases involving fraud against federal health care programs, according to a news release.

Full Article & Source: 
Hospice care provider to pay $18 million for making false claims to Medicare hospice funds