Former assisted living activities director charged with exploitation and larceny

VermontBiz The Attorney General’s Office announced that Lilac Rain Brown-Fisher, 28, of Essex Junction, Vermont, was charged yesterday with one count of felony Grand Larceny, one count of felony of Larceny from a Person, and one count of felony Financial Exploitation of a Vulnerable Adult.

The Attorney General’s Medicaid Fraud and Residential Abuse Unit (MFRAU) brought the charges, alleging that Ms. Brown-Fisher, who was formerly an Activities Director at Maple Ridge Memory Care in Essex Junction, stole valuables and keepsakes from at least one elderly and disabled client. A joint investigation by the Essex Police Department and South Burlington Police Department, with the assistance of Maple Ridge’s management, was initiated when a family member of a resident of Maple Ridge Memory Care noticed that an heirloom ring had disappeared. The ring was later recovered, but the investigation revealed more instances of Ms. Brown-Fisher stealing jewelry from other clients at Maple Ridge Memory Care. Further charges are anticipated as MFRAU identifies those additional victims and contacts their families.

Ms. Brown-Fisher pleaded not guilty at her arraignment on March 28, 2024, in Vermont Superior Court, Chittenden Unit Criminal Division. The Court, Judge Kevin Griffin presiding, ordered conditions of release, including that Ms. Brown-Fisher has no contact with Maple Ridge residents or employees other than through counsel for the purpose of legal representation.

Financial Exploitation of a Vulnerable Adult carries a maximum penalty of up to ten years imprisonment and/or a fine of not more than $10,000. Grand Larceny carries a maximum penalty of not more than ten years imprisonment and/or a fine of not more than $5,000. Larceny from a Person carries a maximum penalty of up to ten years imprisonment and/or a fine of not more than $500.

If you suspect anyone is being or has been exploited, neglected, or abused, contact local law enforcement immediately. Elder exploitation, neglect, and abuse may also be reported to Adult Protective Services by calling 800-564-1612 and MFRAU at https://ago.vermont.gov/medicaid-fraud-report-form. 

The Attorney General’s Office emphasizes that individuals charged with a crime are legally presumed innocent until their guilt is proven beyond a reasonable doubt in a court of law.

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Former assisted living activities director charged with exploitation and larceny

Shelbyville Resident Faces Charges Following Allegations of Financial Exploitation

by Chandelar Williams

Shelbyville, TN - A Shelbyville resident, Mary Ann Pruitt, is facing serious charges following an investigation by the Tennessee Bureau of Investigation's Medicaid Fraud Control Division. The investigation began after concerns were raised by the Tennessee Department of Human Services Adult Protective Services regarding possible financial exploitation.

Mary Ann Pruitt, born on April 20, 1942, allegedly had possession of a debit card belonging to a former tenant of her residence, who was a recipient of TennCare. It's alleged that over a span of about two years, Pruitt used the tenant's debit card for personal purchases and cash withdrawals across multiple counties without authorization.

On Monday, the Bedford County Grand Jury issued indictments against Pruitt, charging her with one count of Financial Exploitation of a Vulnerable Adult and one count of Theft. Subsequently, authorities arrested Pruitt on Wednesday and placed her in custody at the Bedford County Jail. Bail was set at $25,000.

DISCLAIMER: All suspects are presumed innocent until proven guilty in a court of law. The arrest records or information about an arrest that are published or reported on NewsRadio WGNS and www.WGNSradio.com are not an indication of guilt or evidence that an actual crime has been committed.

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Shelbyville Resident Faces Charges Following Allegations of Financial Exploitation

Father-son altercation leads to elder abuse arrest

Brian Andres, 42.

Brian Andres, 42, arrested and booked into county jail

– Brian Andres, 42, was arrested by Paso Robles Police Department officers on charges of felony elder abuse after he allegedly assaulted his 71-year-old father inside their home.

On Mar. 25 around 10:15 a.m., a 9-1-1 call was made by the elderly victim reporting the assault at their residence in the 2300 block of Oak Street. Upon arrival, officers found the victim outside the home, with injuries to his face and arm.

Andres briefly emerged from the residence but retreated inside upon seeing law enforcement personnel on scene.

After negotiations lasting over an hour, Paso Robles Police officers forcibly entered the home and apprehended Andres without further incident.

Andres faces charges of felony elder abuse, with an enhancement due to the victim’s age, along with a probation violation. He was subsequently booked into the San Luis Obispo County Jail.

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Father-son altercation leads to elder abuse arrest

Orlando Commissioner Regina Hill arrested, faces charges of elderly exploitation, mortgage fraud

Florida authorities say case is still active

Daniel Dahm, Digital Content Manager
Treasure Roberts, Reporter

ORLANDO, Fla. – Orlando Commissioner Regina Hill was arrested Thursday on several charges, including exploitation of the elderly/disabled, impersonation, scheme to defraud and mortgage fraud.

Hill, 58, is accused of exploiting a 96-year-old woman and taking more than $100,000 from her, according to an investigation by the Florida Department of Law Enforcement.

Hill was booked into jail on seven charges. During her first appearance Thursday, a judge said her $40,000 bond was already posted, and she was to have no contact with the victim or any witnesses. Hill left the jail Thursday afternoon.

“Mrs. Hill effectively betrayed the trust of her community by taking advantage of a 96-year-old elderly citizen, which is one of the most vulnerable in that community,” said FDLE Assistant Commissioner Lee Massie. “A victim who was the last of her family in the area was manipulated and lied to, her finances and personal information misused and abused for Hill’s personal benefit. Obviously extremely tragic.”

Court documents uncovered by News 6 show that FDLE was investigating whether Hill established a power of attorney over the woman and secured a mortgage for a home in the Lake Mann Estates area of Orlando, without the woman’s knowledge.

Investigators believe Hill’s son and his girlfriend live in the home, while Hill resides in a home in the Washington Shores neighborhood that once belonged to the elderly woman’s parents — and was not paying rent.

According to the documents, Hill also allegedly used more than $100,000 of the woman’s cash and credit cards to buy perfume, clothing, IV vitamins, a facelift, a trip to Miami, dental surgery and car insurance.

“What we can speak about and what we know from the interviews and what we’re allowed to say today is that the victim in this case was not aware of how much she had signed over to Commissioner Hill,” said FDLE Orlando Special Agent John Vecchio.

The FDLE documents show the agency received a tip last year from a former aide of Hill’s who had been fired from their job. The case is still active, according to Massie, as they await further tasks from the state attorney’s office.

The documents were part of a petition filed by the woman’s attorneys to keep Hill away from the woman’s finances and properties.

A judge issued a temporary injunction last week.

FDLE says they have no evidence at this time of any other victims.

Vecchio also said that while the evidence shows Hill met the victim through her work as Orlando city commissioner, none of the charges against her involved her office.

“The charges today have to do with her acting as a citizen, not in her official capacity,” Vecchio said. “So we need to stay focused on these crimes. She is charged because of what she did as a person.”

The city of Orlando on Thursday said it was aware of the arrest of Hill, who has been re-elected twice and is currently in her third term, which ends in 2026.

When asked about Hill’s future as a commissioner, Orlando Mayor Buddy Dyer’s office said in a statement, “We do not have any authority to discipline an elected official, including suspending them from office, as that power lies with the governor.”

If Florida Gov. Ron DeSantis were to suspend Hill, the city would work with the Supervisor of Elections to hold a special election to temporarily fill the District 5 city commission seat.

Before Hill was elected in 2014, Hill had been in and out of jail on a variety of charges, including possession of marijuana in 2005, when she was sentenced to six months of probation. In 2000, Hill was found guilty of disorderly intoxication.

Hill also was also arrested multiple times in Orange County on charges of possession of illegal substances, although many of those charges were dropped.

News 6 spoke with Raymond Traendly, a partner at TK Law, who commented on what cases like these entail.

“When you sign a power of attorney, you’re allowing a third party to act as your agent. That person as your agent has what’s called a fiduciary obligation,” Traendly explained. “That fiduciary obligation requires you to make sure you put the person whom you’re protecting’s needs first... When you’re paying for plastic surgery, buying a house that you’re living in and you’re residing, and you’re not making the best use of your funds, you are violating that legal duty.”

According to Traendly, Hill has a few routes to work with in terms of a legal defense.

“Ms. Hill’s best defense is (going to) be somehow establishing a paper trail showing that she was properly communicating with the victim, notifying her of what the charges were and obviously if there’s anything in writing that she was given permission to use these funds for her own personal use. That is going to be her best defense,” he said.

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Orlando Commissioner Regina Hill arrested, faces charges of elderly exploitation, mortgage fraud

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Orlando Commissioner Regina Hill accused of financial exploitation of 96-year-old woman

Police: Elderly victims evicted from 2 assisted living facilities because Pinellas man took their money

Scott Newmark is accused of taking nearly $70,000 from two elderly or disabled adults he was close to.

Author: Aaron Parseghian

CLEARWATER, Fla. — A Pinellas County man is behind bars, accused of stealing tens of thousands of dollars from two elderly and/or disabled adults he's close to. 

According to an affidavit obtained by 10 Tampa Bay, 26-year-old Scott Newmark is charged with two counts of felony exploitation of an elderly person or disabled adult.

Newmark is accused of taking nearly $70,000 from two elderly or disabled adults he was close to. The documents redact the names of the victims and their relationships.

Investigators say the victims allowed Newmark access to one of their bank accounts to act as an advisor, but he then used that position of trust to access other accounts.

“The defendant limited access to these other funds by the victims and completed several transactions including writing checks to himself, writing checks to his sister and purchasing a house for his personal use,” the affidavit reads.

Investigators say without access to the money for several years, the victims were evicted from two separate assisted living facilities, forcing them to move back in with Newmark in the home their money was allegedly used to pay for.

“The defendant exhausted all of the victims’ money through lies, fraud and deceit for approximately $69,300 in down payments for the house,” the officers’ statement continues.

The Pinellas County Sheriff’s Office declined 10 Tampa Bay’s request for an interview. According to court records, Newmark is currently in the Pinellas County Jail being held on a $250,000 bond.

Records also show Newmark is facing a number of other charges in separate cases, including cruelty to animals, battery on a law enforcement officer and dealing in stolen property. 

He was arrested in November after multiple skeletal animal remains were found in his Seminole home, according to the Pinellas County Sheriff's Office.

Elderly exploitation, which Newmark is charged with in this case, is a nationwide problem magnified in Florida.

“We're talking about essentially fraud and theft,” says Attorney Charles Gallagher, talking to 10 Tampa Bay on background.  

“Our population is very much rich with folks that are older and elderly. And as a result, we do have more claims here probably than most other areas,” Gallagher added. 

According to the FBI, just last year in Florida there were 8,100 fraud victim reports regarding people at least 60 years old, including things like extortion and scams, with losses totaling more than $290 million. 

Attorneys like Gallagher say it’s important for seniors and their families to be aware of these kinds of issues.

"Communicating with the family member and getting a good idea of their capacity, if you see them declining, you want to go ahead and intercede sooner than later, you don't want to have something that already happened and lose assets and property and be worse off,” Gallagher explained. 

“Just yesterday I talked with a prospective client. They had concerns that their family member was befriending someone locally and going to the bank,” Gallagher added. 

Gallagher also says it’s a good reminder to consider getting a living will or trust in order.

"Planning is key and helpful in halting all of these problems before they happen,” Gallagher said. “Being proactive is key.”

If you believe a senior is at risk of abuse or exploitation, the state Department of Children and Families hotline can be reached at 1-800-962-2873.

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Police: Elderly victims evicted from 2 assisted living facilities because Pinellas man took their money

Lessons Learned From Britney Spears’ Financial Conservatorship

By Stacy Francis, CFP®, CDFA®, CES™

The ongoing saga of Britney Spears and her conservatorship has shone a spotlight on the challenges associated with financial conservatorships, exposing both their potential benefits and serious pitfalls.

This legal arrangement, meant to protect those unable to handle their affairs due to mental or physical challenges, can transform into a precarious situation when misused. Spears' story, as told in her recent memoir, The Woman in Me, serves as a stark example of how a well-intentioned legal tool can turn into a distressing ordeal, sparking a call for reforms to uphold the autonomy and rights of individuals under conservatorships. Here are several possible reasons a conservatorship might go awry.

Loss of autonomy

New York attorney Jill H. Teitel reports, “Despite the legal protections put into place by the majority of states in the United States via the Uniform Guardianship, Conservatorship and Other Protective Arrangements Act, guardianship judges still remain protective and inflexible to the wards’ particular strengths and areas of independence out of fear that these persons will be taken advantage of by those who do not petition the court. By encouraging courts to issue orders reflecting the ability of wards to act independently, we have seen a shift in how the courts should view a person’s ability to make certain decisions for him/herself. However, for some persons, ironically, the effect of financial conservatorship is the unfortunate erosion of personal autonomy.”

Individuals under conservatorship surrender control over their financial decisions and personal lives to a court-appointed conservator. While this may be justified in cases of genuine incapacity, it often results in a loss of personal freedom. Spears' decade-long struggle highlights the emotional distress accompanying this loss of autonomy.

As attorney Laura Fischer says, “There is no greater loss than that of your own free will. It is imperative to manage your own planning and have the proper ancillary documents in place to specify under exactly what conditions your affairs should be managed and by which trusted individuals.”

Potential for abuse

Financial conservatorships create an environment prone to abuse, as conservators wield substantial power over the individual's assets. Financial abuse is a controlling tactic used by abusers over their victims in ways such as sabotaging income and access to money, restricting how the victim is allowed to use money and the things they can own and financially exploiting the victim’s financial situation by stealing or misuse of funds.

Fischer reminds us, “Abuse comes in all shapes and sizes, from physical to financial to mental. Establishing a care plan, in advance, with a team of knowledgeable professionals ensures that your carefully considered wishes can be fulfilled.”

Victims are often prevented from leaving their abusers because they lack the financial knowledge to be successfully independent. Teitel sees in her practice that “the cycle of dependence perpetuates, disempowering some wards to be in control of their financial situation.”

In the Spears case, concerns arose about financial mismanagement and excessive fees, raising questions about the exploitation of the conservatorship for financial gain. Abuse can manifest through misappropriation of funds or decisions prioritizing the conservator's interests over the individual's, jeopardizing financial stability.

Fischer points out, “Legal documents, themselves, can specify not only the persons in charge, but also the appropriate fees that are to be paid to them.”

Lack of accountability

While subject to court oversight, the scrutiny of financial conservatorships varies, allowing potential abuses to go unchecked. Spears’ situation underscores the need for robust oversight, emphasizing transparency and accountability in the conservatorship process.

Lengthy and costly legal battles

“Even though the courts must adjudicate their cases pursuant to the law, if the attorneys and their clients are not motivated to use these alternatives to conservatorship and guardianship, wards will continue to suffer,” Teitel says.

It is a real definitive possibility that ending a conservatorship will be a prolonged and expensive legal process, placing additional burdens on the individual. Legal battles to regain financial control can deplete both financial and emotional resources. Spears’ enduring struggle exemplifies the challenges individuals face in reclaiming their autonomy. But “it is generally lack of clarity that creates opportunities for people to exploit individuals and their assets,” Fischer says. “Through deliberate and informed planning, one can lay out a clear plan that leaves no room for such exploitation.”

Stigma and mental health implications

Being under a conservatorship carries a significant stigma, potentially portraying the individual as incapable of making sound decisions. This can have detrimental effects on mental health and self-esteem, as demonstrated by Spears' revelations about the impact of the conservatorship on her well-being.

Conclusion

The Spears case highlights the hazards of financial conservatorships and the urgent need for legal reforms. Spears is not the only celebrity who has dealt publicly with these abuses. In September 2023, NFL player Michael Oher — who inspired the 2009 film The Blind Side — had his conservatorship terminated by Shelby County Probate Court Judge Kathleen Gomes. Oher signed the conservatorship under the misconception it was adoption papers when, in fact, it allowed Leigh Anne and Sean Tuohy to have all powers of attorney to act on Oher’s behalf, and he was not allowed to enter any contracts or bind himself without the direct approval of his conservators.

While conservatorships can be necessary, careful monitoring is crucial to prevent abuse and preserve individual rights. Proposed reforms include enhanced transparency, regular capacity evaluations and mechanisms for individuals to petition for conservatorship termination. Addressing these issues is vital to strike a balance between protecting vulnerable individuals and safeguarding their fundamental rights and autonomy.

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Lessons Learned From Britney Spears’ Financial Conservatorship

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Britney Spears

Michael Oher

‘No more trusts:’ Fort Myers woman’s special needs trust drained, new trustee named for non-profit that’s missing $100M

by: Brittany Muller

TAMPA, Fla. (WFLA) — A federal judge has appointed a trustee to manage a local non-profit facing bankruptcy and allegations of missing money.

The Center for Special Needs Trust Administration promised to safeguard money meant to help provide for disabled people throughout their lives. 8 On Your Side has revealed the center’s founder stands accused of loaning himself 100 million dollars and never repaying it.

A Fort Myers family said it was a battle to get the money to care for Sarah Hall to begin with.

“This is the most the most disabled you can be, there isn’t a degree beyond this,” said Theresa Schlosser, Sarah’s mom.

Sarah needs around-the-clock care. The expected year 2000 crash came unexpectedly for Schlosser.

“She was involved in a wreck in the year 2000 when everyone thought the world would crash; there’s didn’t, ours did,” said Schlosser.

Sarah was 18 years old and 10 weeks pregnant at the time.

“She was driven under a parked semi at 60 mph,” said Schlosser.

A miracle happened six and a half months later.

“She’s the first person in Florida to give birth naturally while in a coma. She pushed my grandson out like she was awake,” said Schlosser.

Sarah is a fighter who battled cancer, survived the crash, and gave birth to a healthy baby boy. Sarah is now 41, and he is 22.

“He is the parent, and she is the child,” said Schlosser about her grandson. “He is the most loving, kind, gentle person that I know.”

“It pretty much means the world to me. I’ve done this since I was about 10,” said Sarahson Hall, Sarah’s son.

The car crash led to a lawsuit, which resulted in Sarah receiving a settlement and monthly annuity payments so her family could take care of her for the rest of her life.

“My lawyers advised me to put the money with the center, which I did in 2003,” said Schlosser. “I didn’t think twice about it. I trusted these people.”

Two months ago, Schlosser needed to buy a new wheelchair for Sarah, so she called the center.

“How much have I managed to save?” Schlosser recalls asking the center.

The center told her there was $192,000 in her daughter’s trust. Weeks later, Schlosser was in shock when she received a letter from the Center for Special Needs Trust Administration. That’s when she found out the center filed for bankruptcy on February 9.

“Out of 192,000, they took $181,000,” said Schlosser.

According to the bankruptcy filing, between 2009 and 2020, the center’s founder, Leo Govoni, got the center to loan 100 million dollars to his company, Boston Finance Group. The loan was to be repaid back by January 1, 2017, but the center said that never happened.

Records claim it wasn’t until Govoni’s daughter resigned and left an unsigned letter in April 2022 that the center’s board of directors found out about the loan. But two weeks ago, that same board resigned. Govoni was gone. The center had hired attorneys to find the money and initiate the bankruptcy.

“I trusted them,” said Schlosser. “I gave them an open dollar for them to take my daughter’s money and do whatever they wanted to do with it and invest it in themselves.”

When it was known to the center, and they were taking action to protect the victims, somehow more money still went missing. Sarah was left with about $10,000.

“How in your conscience do you decide to take what is helping her to live every day the best that she can live and take it away? Where do you find that in your soul?” said Schlosser.

Last week, a federal judge appointed a Chapter 11 Trustee to run the center’s operations. Attorney Michel Goldberg of the Akerman law firm was named as the Trustee. According to the Akerman website, Goldberg chairs his firm’s Fraud and Recovery Practice, “an experienced team of lawyers focused on unraveling high-profile investor fraud, including Ponzi schemes.”

But Schlosser believes it’s too late.

“No more trusts,” she said. “This is a system that obviously does not work, and it is potentially harmful to the very people that was it was established for.”

According to the Bankruptcy Court for the Middle District of Florida, there is a hearing at the Federal Courthouse in Tampa on Thursday. This is the first time we’re expecting to see all the key players involved in this case in person.

Full Article & Source:
‘No more trusts:’ Fort Myers woman’s special needs trust drained, new trustee named for non-profit that’s missing $100M

FBI Internet Crime Report Shows Jump in Hawai`i Losses

 Hawai`i residents and businesses reported losing $51.7 million to internet crimes in 2023, a huge 45 percent increase over the $35.8 million reported in 2022. The number of Hawai`i complaints reported also increased from 1,703 in 2022 to 1,954 last year, a 15 percent increase.

The internet crime losses and complaints in Hawai`i are growing faster than the national average, according to the annual FBI Internet Crime Report, released earlier this month. The FBI’s Internet Crime Complaint Center said it received over 880,000 complaints last year with potential losses exceeding $12.5 billion nationally. That’s about a 10 percent increase in complaints from 2022 and a 22 percent increase in losses.

“The actual amount of fraud losses to internet crimes is likely much higher because many people and businesses don’t report crimes to authorities,” said AARP Hawai`i State Director Keali`i Lopez. “That’s why AARP Hawai`i tries to educate kupuna and their loved ones about fraud prevention through the AARP Fraud Watch Network (aarp.org/fraudwatch).”

The top three crime types most frequently reported by victims were phishing/spoofing, personal data breach, and non-payment/non-delivery. The new FBI report says top three crime types reported by victims of fraud loss are investment scams, business email compromise (BEC), and tech support scams. Phishing and spoofing schemes had over 298,000 complaints reported in 2023. Personal data breaches had over 55,000 complaints reported, and non-payment/non-delivery scams had 50,000 complaints.

The top three crime types reported by victims of fraud loss were investment scams, business email compromise (BEC), and tech support scams.

“Education can help protect ourselves, our workplaces and loved ones from fraud,” said Paul Greenwood, a former elder abuse prosecutor and AARP fraud speaker, who is coming to Hawai`i for a series of Fight Fraud Together seminars on Kauai, Hawai`i Island, Oahu and Maui April 22^nd through April 26. The seminars will look at some of Hawai`i’s top frauds and strategies for spotting and avoiding fraud and financial exploitation.

Register for the free seminars and an April 5 webinar at 10:30 a.m. with Amy Nofziger, AARP Fraud Watch Network’s director of victim support, at events.aarp.org/hifraud24 or go to aarp.org/local or the AARP Hawai`i Facebook page to see all the events AARP is offering.

“At the Fraud Watch Network, we’re seeing an increase in cryptocurrency scams and online commerce scams targeting both sellers and victims,” Nofziger said. “Our Anatomy of a Scam webinar will take an in-depth look at internet and social media marketplace scams.”

Nationally, investment fraud was the biggest source of lost money, rising to $4.57 billion in 2023, a 38% increase from 2022. Within these numbers, crypto-investment fraud losses rose to $3.94 billion in 2023, a 53% increase from 2022. Business email complaints amounted to $2.9 billion in reported losses, and tech support scams were the third highest losses with over $924 million reported stolen.

Victims 30 to 49 years old were the most likely group to report losses from investment fraud, while those over 60 accounted for well over half of losses to tech support scams.

Ransomware continued to be damaging and impactful in 2023. IC3 received over 2,800 ransomware complaints and losses rose to $59.6 million, a 74% increase from last year. The critical infrastructure most reported as impacted by ransomware were health care and public health, critical manufacturing, and government facilities.

In a news release, the FBI said the Internet Crime Complaint Center gives the public a direct way to report cyber threats, complex financial crimes and other online threats. The FBI encourages victims to report suspected internet crimes at ic3.gov.

The Internet Crime Complaint Center was established in May 2000 to receive complaints of online-related crimes. Since its inception, IC3 has received over eight million complaints.

The FBI recommends that the public frequently review consumer and industry alerts published by the Internet Crime Complaint Center.

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FBI Internet Crime Report Shows Jump in Hawai`i Losses

Care facilities fined for failure to administer CPR, failure to call 911

By: Clark Kauffman

A pair of Iowa care facilities are facing sanctions for failing to provide medical assistance for their residents, two of whom died.

Earlier this month, the Iowa Department of Inspections and Appeals proposed, but held in suspension, an $8,700 fine for the Aspire of Donnellson nursing home. In that case, the home had failed to attempt cardio-pulmonary resuscitation, or CPR, for two residents, both of whom died.

In the first of those two cases, according to state reports, a male resident of the home was found in his bed at 5:15 a.m. on Jan. 18, ashen colored with no pulse or respirations. The aide who found him later told inspectors the man was still warm when found. According to the inspectors, the aide had checked on the man after noticing his light was on, suggesting he was up or at least awake.

After noticing the man wasn’t breathing, the aide summoned a nurse and asked whether they should initiate CPR. The aide allegedly told inspectors the nurse never answered and instead called the family to report the man was dead.

The nurse told inspectors that he had not been “exactly sure” about the resident’s code status which would indicate whether attempts to resuscitate him should be made, according to state reports. He acknowledged, however, that it was later determined the man was “full code,” indicating CPR should have been attempted.

Eleven days after that incident, a female resident of the home was found unresponsive in bed at about 10 p.m. The woman’s guardian and family were notified, and a funeral home was summoned to pick up the body. Although the resident was “full code,” no one on staff had attempted CPR, according to state reports.

According to inspectors, the nurse who examined the resident that night later stated she didn’t know the resident’s code status. but said the woman’s hands and feet were purple in color. An aide who was present said the woman was still warm when found. A third employee who worked that night told inspectors she didn’t know how to determine a resident’s code status and hadn’t been trained in such matters, according to state records.

Separately, the state inspections department fined the Silvercrest Garner Farms assisted living program $3,500 for failing to promptly contact emergency medical services for a resident who was in respiratory distress.

Early on the morning of March 2, the staff found a resident on the floor, with her oxygen-saturation level somewhere in the range of 90% to 100%, according to state records. (Typically, an oxygen-saturation level below 92% is considered dangerous.) The staff reported they telephoned the on-call nurse and left a message but never received a call-back.

Later that day, the resident was again found on the floor, this time with their oxygen-saturation level in the 80s, suggesting urgent intervention was needed. Again, the staff reported calling the on-call nurse and leaving a message, but without receiving a call-back.

The following evening, the resident’s daughter found the resident lying on the floor with an oxygen-saturation level in the 80s. The daughter asked that her mother be sent to the hospital and 911 was called.

According to state inspectors, the director of nursing later concluded the staff had failed to ensure that the correct on-call schedule for nurses was available to workers. The on-call nurse the staff had been trying to reach wasn’t even employed by the facility at the time of the incident, according to inspectors.

The inspectors’ report does not indicate whether the resident survived, but notes that after she was taken to the hospital, she was admitted for treatment of COVID-19.

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Care facilities fined for failure to administer CPR, failure to call 911