Former Paradise Hills nursing home worker charged with raping a disabled patient

By: Jennifer Kastner

(Note:  Video is not about banning smoking - it's about this case.)

SAN DIEGO, Calif. (KGTV) - A former assistant at a local nursing home is accused of raping a disabled patient. In a story that you'll first see on 10News, Team 10 investigative reporter Jennifer Kastner discovered the patient was a stroke victim who uses a wheelchair.

What may have happened behind the walls of the Paradise Hills nursing home is difficult to process. An accusation of rape seemed to have slid under the radar for almost a year, until now. It was a few months ago when 10News was tipped off about Reo Vista Healthcare Center, which touts being named one of Newsweek's top nursing homes and having a Medicare 5-star rating.

This week, San Diego Police confirmed that detectives referred the case to the District Attorney's office, which is charging 26-year-old Ariel Chavarin-Camargo with forcible rape and a "lewd act upon a dependent adult by a caretaker". He is now sitting in a South Bay jail.

According to state documents, it happened last February to a 58-year-old woman who uses a wheelchair and was living in the nursing home after suffering from a stroke and panic disorder.

The documents report that the morning after the alleged assault, she reportedly came "crying" to a nurse, claiming that the night before, when she was returning from the kitchen and on her way back, "one of the CNAs (Certified Nursing Assistants) stated that one of her breasts was exposed." According to the documents, he “followed her and he exposed his private parts to her". She reportedly said, "the CNA raped her" for up to three minutes.

A forensic exam reportedly found male DNA in her private area.

According to the documents, when he was later questioned, he suggested that she came onto him but admitted "it happened” and “there was penetration". He reportedly said, "I feel bad. It happened so fast."

Prosecutors believe that man is Chavarin-Camargo. He resigned after the reported rape.

The administration of Reo Vista Healthcare Center sent 10News the following statement on Tuesday.

"We are grateful to local law enforcement and the District Attorney’s Office for successfully prosecuting this individual for their crime. Our team took immediate steps last February to suspend the individual, to notify, and to fully cooperate with authorities. We take all matters regarding patient safety and the conduct of staff seriously. Moreover, the actions of this individual do not reflect the values we hold at our facility. Our priority remains to provide the highest level of care for the patient and their families."

Chavarin-Camargo’s next court hearing is scheduled for February 11^th.

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Former Paradise Hills nursing home worker charged with raping a disabled patient

‘I betrayed the trust:’ Limestone County judge writes letter admitting to crimes

Limestone County Judge Douglas Patterson is charged with use of official position or office for personal gain, financial exploitation of the elderly first-degree and theft third-degree.



In a letter obtained by WAAY 31, a judge in Limestone County who is supposed to uphold the law admitted he’s guilty of breaking it.

We confirmed Douglas Patterson wrote this letter and sent it to several other judges in the county.

Patterson is on paid leave after a grand jury indicted him for stealing from the county and exploiting the elderly. He is still getting paid his salary, which is almost $11,000 a month.

The typed letter was sent to Judge Baker on Dec. 17, which was less than a week after Patterson was charged.

Part of the letter we recieved in the mail is redacted.

People are frustrated especially after learning about Patterson’s letter.

"This is crazy. He admits everything. Every single thing. Disabled and elderly clients," says Katie Winton.

On Tuesday, WAAY 31 showed Winton, who lives in Limestone County, the letter Douglas Patterson sent admitting to his crimes.

"It's crazy to me. It's absolutely insane. I just..I mean i don't know. It's just absolutely crazy," says Winton.

In the letter dated 6 days after his indictment last month, Patterson admitted to what he called his "unethical, criminal, and reprehensible conduct".

He wrote, "I betrayed the trust placed in me by my disabled and elderly clients by stealing from their funds for which I owed a fiduciary duty and trust." He also stated, "I betrayed the trust of the people of Limestone County by stealing from funds belonging to them and placed under my control."

"I don't even have words honeslty, it's insane to me," says Winton.

The state Attorney General’s office wants this case fast tracked because it raises questions as to whether Patterson used his position as judge for personal gain and he's still receiving his salary.

"I would say so. If he's still being paid for that, he's admitted to everything that he's done I would say that is not right," adds Winton.

On Tuesday, we reached out Steven Haddock, a retired Morgan County judge, who was appointed to this case. He told me he's waiting to select an arraignment date based on the Limestone County Circuit Court's schedule.

We reached out to the Attorney General's office to see if they were aware of this letter and they told us no comment.

______________________________________

WAAY 31 was anonymously sent a letter written by Douglas Patterson, the Limestone County judge indicted on multiple charges.

In his letter to Limestone County Circuit Judge Robert Baker, Patterson writes about his "unethical, criminal and reprehensible conduct.” Three other recipients were Cc'd in the letter. One of the recipients has confirmed to WAAY 31 they did receive it.

Patterson is charged with use of official position or office for personal gain, financial exploitation of the elderly first-degree and theft third-degree.

In his letter, Patterson states, "I betrayed the trust placed in me by my disabled and elderly clients by stealing from their funds for which I owed fiduciary duty and trust."

He then goes on to say, "Then I betrayed the trust of the people of Limestone County by stealing from funds belonging to them and placed under my control."

Court documents say the state prosecutor in the case is asking for the trial to be fast tracked. They also show that while Patterson is suspended from serving as a judge and hasn't been hearing cases since September 2019, he is still receiving a paycheck until he is convicted or resigns.

If convicted, Patterson could face up to 20 years in prison and a fine of up to $30,000 each for the first two charges. He could also face up to five years in prison and a fine for the theft charge. 

Full Article & Source:
‘I betrayed the trust:’ Limestone County judge writes letter admitting to crimes 

See Also:
AG asks court to set hearing date for Limestone County judge indicted on theft, elderly exploitation charges

GUEST EDITORIAL: Florida’s caregivers need and deserve support

Jeff Johnson

By Jeff Johnson

An October 2019 AARP study on caregiving in Florida included some jaw-dropping statistics: Florida now has 2.9 million unpaid family caregivers, who contribute some 2.4 billion hours of care per year to elders.

As state lawmakers convene today for the 2020 Florida legislative session, our Coalition for Silver Solutions is urging them to support a strong continuum of care, starting with those family caregivers and including high quality of care for frail elders in home-and-community-based care settings, assisted-living facilities and nursing homes.

The coalition is an unprecedented alliance committed to providing Florida’s elected leaders with a roadmap to improve aging in Florida, the nation’s grayest state. CSS includes leaders of for-profit and nonprofit nursing homes, the state’s largest health-care worker union and AARP Florida, working on behalf of older and adult disabled consumers.

Today we’re focusing on detailed recommendations for strengthening care for those 2.9 million family caregivers — the backbone of elder care in Florida:

• Help unpaid family caregivers avoid crisis: Family caregivers often must bear heavy physical, emotional and financial responsibilities. Those shouldering the heaviest responsibilities often are age 50 and older. When caregivers collapse under the strain, very often public programs end up paying for more extensive home-based care or care in nursing homes.

We recommend that Florida better assess the needs of people who need long-term care, including a more comprehensive assessment of family caregivers’ capacities. This is one of several key provisions included in bipartisan House and Senate legislation, including SB 1544 by Sen. Ben Albritton, R-Bartow.

• Bring realism to Florida’s elder-care waiting list: Currently, more than 74,000 elders have been placed on waiting lists for home or community care. People on those lists receive an annual evaluation by state staff, ranking them on a five-point scale according to need. Because state funding is limited, most people who rank in the lowest two levels of need will never receive support services. The coalition recommends that persons ranked in those lowest levels forgo automatic annual reassessments and be reassessed only upon request when their circumstances change sufficiently.

• Ensure fairness in placement and service decisions: CSS also recommends that Community-Care-for-the-Elderly service providers have a process to negotiate placement and service decisions by Adult Protective Services, which is charged with identifying and obtaining services for elder adults who experience abuse, neglect and exploitation. CCE’s local budgets must bear the costs for those services and the providers often have clients whose needs match or exceed those for APS referrals.
If we are lucky, we’ll all grow older. We all will need a strong continuum of long-term-care services, be it in homes, in communities or in residential care facilities.

Florida must be the “caregiver” for its caregivers. For more information, please go to silversolutionscoalition.org.

Jeff Johnson is AARP’s Florida state director. Joining in this statement are Emmett Reed, executive director of the Florida Health Care Association; Steve Bahmer, president and CEO of LeadingAge Florida; and Roxey Nelson, director of politics and strategic campaigns for 1199SEIU United Healthcare Workers East — Florida. 

Full Article & Source:
GUEST EDITORIAL: Florida’s caregivers need and deserve support

From the Elder Abuse Reform Now Project (The EARN Project): Horse Ranch Is Beacon of Light for Veterans with PTSD in Georgia

by Mary West

The horrors of war take a tremendous toll on the mental health of those who serve in the armed forces. When veterans return home from their tour of duty, they’re often haunted by memories of fighting for the life of a soldier or watching a wounded friend bleeding to death.. The untold anguish suffered in combat inevitably leads to post traumatic stress disorder (PTSD) Many of our readers have children who, after bravely traveling far from home to protect our country and way of life, find that, when they return, their need for our help in dealing with the scars of war are greeted with indifference and slow moving bureaucratic red tape. Tragically, sometimes the condition culminates in suicides.

After serving 29 years in the army, including three combat tours in Operation Iraqi Freedom, Sam Rhodes of Fortson, Georgia, was diagnosed with PTSD, reports CNN Health. He was contemplating taking his life, when he received help from an unexpected source ⁠— his stepdaughter’s horse. Cleaning stables and putting up fences calmed his anxieties and made him feel like he had a purpose in life.

The military comes out
in support of Sam Rhodes' project

Consequently, Rhodes wanted to share his source of help with other veterans struggling with PTSD. His aspiration was on the way to becoming a reality when he started building a horse ranch and launched a non-profit called Warrior Outreach in 2008. It provides free access to horses for veterans and their families.

Horses are known for their therapeutic benefits, they have been used to help people with autism and spinal cord injuries, as well as those with depression and PTSD. On Mr. Rhodes’ ranch the wounds of war are soothed through the nonjudgmental empathy and understanding emanating from the animals they are grooming and riding. In addition, the solitude and peace of the ranch trails are undoubtedly a balm for troubled spirits.

Has the horse ranch completely cured Sam Rhodes of PTSD? No, he still struggles with depression, but the horses have made a decided difference for him, his will to live, and interest in life—he has even begun to compose music https://www.facebook.com/100007598259380/posts/2355902714672981?sfns=mo.

Now, Warrior Outreach is more than a horse ranch: It’s expanded into a network where veterans help each other in multiple ways. Fueled by donations and manned by volunteers, the organization does home repairs for veterans in the community. In September they even helped children with disabilities, holding a Camp Dream event. https://youtu.be/py0AtMou7oQ

All of this is offered free of charge to anyone who needs it. The volunteers even give their phone number to those having a hard time, and invite them to call when they need something.
Most importantly, the program is literally saving lives. "Vets come out here and say, 'Hey, you saved my life.' It's well worth it," Rhodes told CNN.

"Vets come out here and say,
'Hey, you saved my life.'"

According to the U.S. Department of Veterans Affairs, veterans, especially those who are homeless, have a higher risk of suicide than that of the civilian population. Each year, approximately 26 out of every 100,000 Americans die from suicide compared to 35 out of every 100,000 veterans. Among homeless veterans, the rate is 81 out of every 100,000.

Warrior Outreach is a beacon of light for veterans in this corner of Georgia but not all of us can build a horse ranch. However, we can emulate the love and caring Mr. Rhodes has shown our veterans. Talk to local farm and stable owners, see if they would run something similar if you get volunteers to help. If not horses, look into some of the other programs that are being run across the country that might be something you could organize. So much more is needed, and our Veteran have certainly earned the right to find compassion and help when they return home.

"Vets come out here and say, 'Hey, you saved my life.' It's well worth it," Rhodes told CNN. What in anyone’s life could possibly be more important than saving a life?

warrioroutreach@gmail.com

6350 GA-219, Fortson, GA 31808 (706) 505-0708

JOIN The EARN Project


  

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Horse Ranch Is Beacon of Light for Veterans with PTSD in Georgia

'It's a crime': Crawford County probate clerk arrested for theft

A GBI press release says the clerk was charged with Theft by Taking and Providing False Statements this morning

by Zach Merchant

CRAWFORD COUNTY, Ga. — "She had access to money as people were coming in and paying fines and making payments and whatever -- might go on at the probate court and she just took the opportunity to steal," said GBI Special Agent in Charge JT Ricketson.

That's the allegation against Crawford County Probate Court Clerk Lindsay-Gilmore Hudson, according to Ricketson.

Law enforcement arrested her this morning and charged her with theft by taking and providing false statements, after they say she stole more than $4,000 of official Crawford County funds.

That theft charge, he says, is a felony and if she's convicted it could mean prison time.

"It could range anywhere from 1 to 15 years or so and again what you would hope for in a situation like this is restitution," said Ricketson.

Crawford County Sheriff Lewis Walker said his office requested the GBI's help on the case last year after a tip from the county's probate judge

"November 26th, I got contacted by our probate judge, Judge Pamela Busbee, about a possible theft that may have occurred in her office," said Walker.

A GBI press release says investigators eventually determined that, between March and November of last year, Gilmore-Hudson embezzled over $4,000 in official funds.

And to those who might say, "Yes, the allegation is not great, but in the scheme of things, $4,000 isn't all that much money," Sheriff Walker has a clear message.

"It's a crime -- it doesn't belong to you," he said. "If you're doing anything with funds that doesn't belong to you then these are the consequences that you'll be facing."

The GBI says they're still investigating the case. When they're finished, they'll turn their findings over to the district attorney's office.

Ricketson said it is his understanding Gilmore-Hudson is no longer working in the clerk's office. He did not know if she had resigned or been fired.

Full Article & Source:
'It's a crime': Crawford County probate clerk arrested for theft

UNPROTECTED: Broken Promises in Georgia's Senior Care Industry

By Carrie Teegardin Brad Schrade

The state of Georgia requires licensing and testing before workers can get all sorts of jobs that could place consumers at risk. Even nail technicians must meet training requirements, pass tests and get a license.

But state lawmakers don’t require a license or certification for those who manage assisted living communities or personal care homes, even those filled with more than 100 vulnerable residents, many with dementia or who need a careful regimen of medications.

In Georgia, someone with a GED and enough experience working in a senior care home or any health care setting meets the minimum requirement.

» SEARCHABLE DATABASE: Details on every facility studied by the AJC

At Brasstown Manor, a receptionist was promoted in late 2016 to be director. At Summer’s Landing in Vidalia in 2018, a person who did marketing was asked to “come and run things in this building for a while.” Autumn Leaves of Stockbridge, a dementia care facility, once went three months with no administrator.

Summer’s Landing and Autumn Leaves are now under new operators.

Bobbie Rohr said she moved up from receptionist/office manager to director at Brasstown Manor out of necessity when the previous director left suddenly. She had been at the facility for more than a decade and served on an interim basis until she earned the director’s job permanently. “I felt like I had the qualifications,” she said. “A lot of it is hands-on work. A lot of it is you are learning new things every day.”

Even when directors meet the minimum combination of education and experience, that doesn’t mean they have a grasp of state rules, the AJC found in its review of thousands of inspection reports. In case after case, administrators told inspectors they didn’t know about various requirements for residents’ protection.

The AJC found that 35 states demand more of on-site administrators.

In Alabama and South Carolina, administrators must pass a state exam and be licensed. In Arkansas, administrators must be state certified after 24 hours of training about the intricacies of state rules, legal and ethical responsibilities and more.

Photo: The Atlanta Journal-Constitution

Florida requires administrators to pass a competency test. North Carolina requires candidates to complete a 120-hour administrator-in-training program and pass a written exam. Virginia sets higher educational standards and also requires licensing.

Ginny Helms, president of LeadingAge Georgia, an association of not-for-profit and other mission-driven organizations that provide services to seniors, said a qualified director is essential. “It’s the biggest issue in assisted living: You have to understand the acuity of your residents and be able to care for them,” Helms said.

She said the General Assembly should upgrade the requirements as part of a reform package.

State Rep. John LaHood, R-Valdosta, whose family has run senior care facilities for decades, said he also supports certification for facility directors.

Full Article & Source:
UNPROTECTED:  Broken Promises in Georgia's Senior Care Industry

Doctor known as 'king of nursing homes' convicted in kickback scheme

The Sacred Heart Hospital building at 3240 W. Franklin Blvd. in Chicago remains vacant on July 27, 2015. (Zbigniew Bzdak, Chicago Tribune)

A federal jury on Friday convicted a doctor known as the "king of nursing homes" for routinely referring elderly patients to a financially struggling hospital on Chicago's West Side as part of a kickback scheme.

Dr. Venkateswara Kuchipudi became the fifth physician and 10th defendant overall to be convicted for taking part in the massive Medicare and Medicaid fraud scheme at the now-shuttered Sacred Heart Hospital for 12 years. Doctors referred patients to the hospital in exchange for hundreds of thousands of dollars in kickbacks disguised as office rent, teaching fees and other bogus payments, prosecutors charged.

U.S. District Judge Matthew Kennelly, who presided over the five-week trial, set sentencing for June 2 for Kuchipudi, 69, of Oak Brook.

Jurors deliberated a day and a half before finding Kuchipudi guilty on one count of conspiracy to defraud the United States and nine counts of illegally soliciting or receiving benefits in return for referrals of patients covered under a federal health care program, said Joseph Fitzpatrick, a spokesman for the U.S. attorney's office in Chicago.

The scheme kept patients coming to the hospital despite its location in a high-crime neighborhood as well as its limited emergency services, skeleton staff on nights and weekends, and lack of access at those hours to routine procedures such as X-rays or lab work, prosecutors said.

Federal agents raided the hospital in April 2013 amid bombshell allegations that doctors were performing medically unnecessary and sometimes risky procedures such as tracheotomies as well as giving heavy sedation to patients in a process called "snowing." At least five deaths at the hospital had been under scrutiny at one time, authorities said. But the indictment ultimately made no allegations of patient deaths or oversedation.

Prosecutors instead focused on kickbacks they alleged were paid out on nearly every level to fill empty beds.

Sacred Heart administrators referred to Kuchipudi as the "king of nursing homes" for his alleged prowess in bringing elderly patients to the hospital. He routinely had patients taken to Sacred Heart from as far as 25 miles away, often bypassing hospitals that offered better care, prosecutors alleged.

Prosecutors alleged Kuchipudi knew many of his patients had dementia or other mental health problems, but had no real reason to be admitted to the hospital. But his order for direct admission meant they were able to bypass the evaluation of emergency room doctors and be admitted at least overnight, allowing him to bill Medicare at a higher rate, they said.

Prosecutors alleged Kuchipudi had been aware of problems at the hospital for years. For example, in fall 2009, shortly after Kuchipudi obtained privileges at Sacred Heart, the hospital had a fly infestation, prosecutors said.

Full Article & Source:
Doctor known as 'king of nursing homes' convicted in kickback scheme

New State Law Establishes Protections from Financial Exploitation for Vulnerable Adults

By TAPINTO FAIR LAWN & GLEN ROCK

Credits: TAPinto.net File Photo

TRENTON, NJ – With the goal of preventing the financial exploitation of elderly New Jersey residents, legislation to increase protections for adults at risk of falling victim to financial crimes was signed into law Monday by Governor Phil Murphy.

“Unfortunately, it’s not uncommon for senior citizens to be taken advantage of by people seeking to take their money, property, assets or identities,” said John McKeon (D-Essex, Morris). “These crimes often go unreported and untracked. The good news is financial exploitation can be prevented with the right protections in place.”

The law (formerly bill A-5091) provides that when a qualified individual believes the financial exploitation of an eligible adult has occurred or been attempted, they must notify the Bureau of Securities in the Division of Consumer Affairs in the Department of Law and Public Safety and the applicable county adult protective services provider. A “qualified individual” is defined under the law as any agent, investment adviser representative or other person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser.

Additionally, the qualified individual must notify any third party previously designated by the eligible adult, unless the third party is the party suspected of the financial exploitation.  The qualified individual who makes disclosure in good faith would be immune from administrative, civil or criminal liability.

An eligible adult is defined as a person 65 years of age or older or a person subject to the “Adult Protective Services Act.”

“Elderly people are often the target of scammers aiming to trick them into giving them money or divulging information, from telemarketing calls to solicitation for fake charities or causes,” said Valerie Vainieri Huttle (D-Bergen). “In fact, one in 20 older adults has indicated some form of perceived financial mistreatment, according to the National Adult Protective Services Association. Our senior citizens deserve far better. The protections outlined in this law will help keep older adults safe from financial exploitation and bring perpetrators to justice.”

“It’s heartbreaking to think that scam artists are ready and willing to solicit money from senior citizens, simply because they are vulnerable,” said Nancy Pinkin (D-Middlesex). “No one deserves to fall victim to these crimes, especially our seniors. This law takes an integral step to safeguard the elderly from financial exploitation.”

The law also provides that a broker-dealer or investment adviser may delay a disbursement from an eligible adult’s account if it may result in financial exploitation. In such cases, a broker-dealer or investment advisor is immune from any administrative or civil liability.

Additionally, the broker-dealer or investment adviser is required to provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to agencies charged with administering state adult protective services laws and to law enforcement.  The statute provides that those records shall not be deemed public.

In December, the law passed the full Assembly 77-0, and the Senate 38-0.

Full Article & Source:
New State Law Establishes Protections from Financial Exploitation for Vulnerable Adults

Woman arrested in Thomas Co. elderly exploitation case

Resea Ray (Source: Thomas County Sheriff's Office)

THOMASVILLE, Ga. (WALB) - A caretaker was arrested after exploiting an elderly couple out of thousands of dollars, according to the Thomas County Sheriff’s Office.

Resea Ray was arrested Tuesday on two counts of exploitation of the elderly and three counts of felony theft by taking.

An investigation found that over several months, approximately $30,000 was taken from the couple.

The sheriff’s office said Ray was entrusted in caring for the couple.

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Woman arrested in Thomas Co. elderly exploitation case