Wednesday, November 12, 2014

Study: 1 in 5 nursing home residents abused


WASHINGTON, D.C. - The horrific possibility that their loved one has been abused in a nursing home can dawn on family members after the appearance of an unexplained cut or bruise.

Now, researchers say that such injuries are often inflicted not by overworked health aides, but by a seemingly harmless roommate, or someone living just down the hall.

The first study to look at the scope of negative aggression between residents of U.S. nursing homes has found that almost one in five people who live in these facilities are involved in such encounters within a four-week period.

These invasive, disruptive or hostile incidents — from something so mild as rummaging through a fellow resident's belongings to outright physical or sexual assault — are so common at long-term care facilities that “staff members seem almost unaware” that it's a problem, said lead author Karl Pillemer, a professor at Weill Cornell Medical College and Cornell University.

The study results were made public Thursday at the annual meeting of the Gerontological Society of America. They provide new insight into the lives of almost 1.4 million nursing home residents in the United States, more than 72,000 of them in Florida. 

“Nursing home care is essential for some older Americans; these are very necessary institutions and often very caring institutions,” Pillemer said. “So it may come as a surprise that we found such high rates of conflict and violence. It's very likely that the consequences of resident-to-resident mistreatment are severe, leading to lacerations, bruises and fractures. The residents' frailty makes these altercations more dangerous."

Full Article & Source
Study: 1 in 5 nursing home residents abused

Monday, November 10, 2014

Ex-guardian's death leaves void for elderly, disabled


Last year's death of Jeffrey M. Schend, a former Appleton guardian, effectively ended the criminal case that accused him of living lavishly off the elderly and disabled people he was sworn to protect.

But frustrations remain high for ex-clients of Schend, including John Pike of Appleton, who suspects he lost close to $35,000. He's still trying to recoup his losses.

"I'm penniless," Pike said. "I'm trying to pay back on all these bills that Jeff Schend should have already paid."

A civil court hearing in Outagamie County on Monday will determine whether the lone safety net required of Schend — a business service bond — provided protection of the assets of vulnerable people who were placed under his care. Schend purchased a $250,000 bond as part of his contract with the county to handle the finances of those who were determined by a court to be incompetent.

The firm that sold the bond, Minnesota-based Platte River Insurance Co., is asking Judge Mitch Metropulos to declare it isn't liable for losses.

The company's arguments boil down to contract language. Under terms of the bond, the company would pay in the event of "any fraudulent or dishonest act." The trigger point for payout, however, would come only after Schend or one of his employees was "tried and convicted by a court of proper jurisdiction."

Schend committed suicide before the case concluded.

"Because no criminal conviction was entered against Schend, Platte River has no obligation to any actual or potential claimant under the bond," attorney Daniel Gregerson said in written arguments.

Carey Reed, an attorney for Pike, argues that the company is relying on a technicality and trying to benefit from a suicide "despite overwhelming evidence against Schend."

Money was missing
An investigation into Schend began after county officials received complaints in late 2010 that the bills of those placed under his watch weren't being paid.

Police determined that about $500,000 was missing from accounts within his oversight. Schend maintained his innocence and attributed discrepancies to poor bookkeeping.

Guardians are appointed by courts to oversee assets and pay bills when it's determined a person can no longer manage his or her finances.

An accountant hired by prosecutors combed bank records and provided a detailed analysis of Schend's income and spending. Spending included flights, cruises, limousine rentals and yacht club fees.

His lifestyle, however, didn't match his earning capacity.

Schend's business, JMS Guardianship Services, could have collected a maximum $51,000 in fees from those placed under his watch in 2010. His personal spending reached nearly $165,000 that year, records show.

Full Article & Source:
Ex-guardian's death leaves void for elderly, disabled

See Also:
Jeffrey Schend's attorney asks for dismissal because of delays in prosecution

Bonds in Jeffrey M. Schend's Appleton guardian case won't cover losses

WI: Jeffrey Schend Theft Case Prompts Tougher Guardian Rules

State Supreme Court Censures Attorney Goan


Crystal Goan
Crystal Goan

Greeneville lawyer Crystal Michelle Goan was publicly censured on Oct. 17 by the Supreme Court of Tennessee at Nashville.

A news release issued Oct. 21 by the Court's Board of Professional Responsibility (BOPR) indicated that the Court's censure action resulted from actions of Goan more than five years ago relating to former husband James Roy Klumb.

A public censure is "a rebuke and warning to the attorney," but does not affect the attorney's ability to practice law, according to the news release.

The BOPR is the administrative agency of the Supreme Court that monitors the professional conduct of lawyers in the state.

The board investigates complaints and takes disciplinary action when the board considers it appropriate.

If discipline of some kind is determined to be appropriate in a case, the BOPR has disciplinary options including disbarment, the most severe option, which terminates the individual's status as an attorney; suspension from law practice for a specified minimum period of time; temporary suspension; public censure; private reprimand; and private informal admonition.

STEMS FROM CIVIL LAWSUIT
The public censure of Goan stems from her actions prior to a divorce lawsuit she filed against former husband James Roy Klumb in September 2007. Their divorce was finalized in January 2009. They had married in April 2006.

Subsequent to the couple's divorce, Klumb filed a civil lawsuit against Goan in U.S. District Court.

Klumb, a former Greeneville businessman, claimed in the lawsuit that, during their marriage, Goan installed spyware on his business computers without his knowledge, altered documents and emails and committed other acts of deception calculated by Goan to enable her to receive a favorable divorce settlement.

A December 2011 bench trial in U.S. District Court in Greeneville concluded with a ruling by U.S. Magistrate Judge William B. Mitchell Carter, of Chattanooga, in favor of Klumb.

JUDGE'S RULING
Carter ultimately decided that Klumb's allegations were accurate. He explained his reasoning in a detailed, 46-page ruling issued in July 2012.

In the ruling, Carter noted that the case was not a "garden variety" example of one spouse putting spyware on the other's computer to eavesdrop electronically.

He wrote in the judgment that Goan "engaged in an elaborate, deceptive scheme which involved wiretapping [Klumb's] computer to intercept emails" and "altering those emails to make it appear [Klumb] was having an affair, and altering legal documents in order to provide that if [Klumb] did have an affair, [Goan] would receive more money in a divorce."

Carter concluded that Klumb prevailed in the civil case "on his claims that [Goan] had violated the federal Wiretap Act [and] the Tennessee Wiretap Act" by installing spyware on the computers of Klumb's employers to intercept his incoming email.

Carter awarded Klumb $10,000 in statutory damages plus $10,000 in punitive damages.

Goan was also ordered to pay Klumb's "reasonable attorney's fees and expenses, and his costs of action."

In addition to bringing the civil lawsuit against Goan, Klumb filed a complaint concerning her actions with the Board of Professional Responsibility.

Full Article & Source:
State Supreme Court Censures Attorney Goan

Legal and Financial Exploitation of Elders

The pitfalls of involuntary guardianship can cost you: your civil rights, your life savings, your right to live where and how you wish, yours or your children's inheritance and your familial relationships.

You will learn: how to prepare yourself from becoming a target, the tricks, manipulations and strategies used to prematurely institutionalize, and how to help change and improve probate court involuntary guardianship laws.

The article, "Rampant Elder Abuse and Fraud in Adult Guardianship" quoted Money Magazine, "Guardianship is all about money . . . the laws (that every state in the nation has passed to control the conduction of a guardianship) are universally ignored . . . if you or a well meaning relative try to fight this system, the court allows the guardian to use your money (the ward's money) to fight you (the ward)".

Available from Amazon

Sunday, November 9, 2014

Unmasked: How California’s largest nursing home chains perform


Bonnie Nidiver of Paradise holds a photo of her late husband, Eugene, 88

First of three parts
One nursing home chain operating in California racked up abuse complaints last year at a pace seven times the statewide rate.

A large competitor placed one in every 15 of its long-term residents in restraints.

Still another corporate giant whose nursing homes dominate the Sacramento region experienced high nursing staff turnover at 90 percent of its facilities.

If you’re a consumer anguishing over the placement of a loved one needing full-time nursing, how would you know this?

The short answer: You wouldn’t.

As the population ages, and more families face the daunting task of choosing long-term care, consumers remain largely in the dark about the ownership of many California nursing homes – and their track records.

While industry officials contend they are intensely regulated by both the state and federal government, no single agency routinely evaluates nursing-home chains to gauge the overall care provided by their facilities.

Data are available for individual nursing homes, as federal, state and nonprofit groups keep records that chronicle staffing levels, bedsore rates and use of antipsychotic drugs, among many issues. But in California, the agency charged with overseeing these skilled-nursing facilities, the Department of Public Health, makes no effort to measure quality of care throughout a chain, or determine whether corporate policies and practices are contributing to any patterns.

Some companies doing business in California go to great lengths to create complex business structures, building layers of limited liability companies and partnerships with curious relationships to one another. The tangled corporate webs make it difficult for consumers and government regulators to identify who’s running the operations – and who should be held responsible when things go wrong.

“It’s a huge maze to try and figure out who owns what,” said Charlene Harrington, professor emerita of sociology and nursing at the University of California, San Francisco, who has spent 35 years researching the nursing-home industry.

“And that’s deliberately done.”

Yet knowing who owns what can be critical for fragile patients seeking long-term care, according to a Sacramento Bee investigation, which analyzed thousands of federal and state records detailing the ownership of the state’s 1,260 nursing homes.

In addition to identifying owners with at least a 5 percent stake in any California-based facility, The Bee also examined government and industry data to determine how the largest owners and their facilities performed on 46 measures, including quality-of-care indicators, staffing, complaints and deficiencies found during inspections. The analysis took into account the federal government’s star-rating system, as well as rankings determined by the nonprofit California HealthCare Foundation. State and federal inspectors logged most of the measures, although nursing homes self-reported patient care and staffing data.

Clear differences emerged among the state’s biggest operators. In the same way that restaurant franchises or department-store chains deliver similar experiences to consumers – for better or worseThe Bee found that some large nursing-home companies also produce systemic results.
Among the findings:

▪ In California, 25 for-profit nursing-home chains control about half of the state’s 120,000 licensed beds. The Bee found 10 of those chains – including the two largest, Plum Healthcare Group and a network owned by Shlomo Rechnitz of Los Angeles – performed below statewide averages last year in more than half of the examined quality-of-care categories, which gauge the incidence of problems such as pressure sores, infections and falls. Twenty of the top 25 chains fell below state averages in at least three out of five staffing measures.

▪ Some large chains have facilities suffering from the same care issues, despite being located hundreds of miles apart. For instance, within Plum Healthcare Group, which operates more nursing homes in the Sacramento region than any other company, 90 percent of the company’s 42 homes statewide last year had higher than average nursing-staff turnover. About 65 percent of the facilities owned by Longwood Management Corp. have higher than average rates of patients in restraints.

▪ Among the 25 largest chains doing business in California, the lowest performing in The Bee’s analysis are EmpRes Healthcare Management LLC and LifeHouse Health Services. Facilities owned by these chains consistently fell below state averages on most measures, and both owners were more likely to log complaints and federal deficiencies than most of their large competitors.

▪ Below-average staffing or high turnover were problems in nine out of 10 of the state’s largest nursing-home chains in 2012, the most recent year staffing data are available. The state’s largest chain, headed by Rechnitz, earned poor or below-average staffing ratings from the nonprofit California HealthCare Foundation in about 80 percent of its 54 homes. Even so, Rechnitz recently was given a federal judge’s blessing to purchase 19 more facilities.

Oversight of California nursing homes, and their owners, has waxed and waned over the years. In 2001 and 2002, under then-Attorney General Bill Lockyer, the state aggressively pursued chains by prosecuting two of the largest nursing home owners: Sun Healthcare Group of Irvine, and the California subsidiary of Beverly Enterprises Inc. In both cases, the state got permanent injunctions requiring that they improve care.

By contrast, the Department of Public Health was hauled before legislative leaders earlier this year amid charges it was dismissing hundreds of nursing-home complaints without adequate investigations. Assemblywoman Mariko Yamada, D-Davis, grilled health officials at the hearing and requested an audit of how the department regulates long-term care facilities.

“The state is not doing its job in protecting its most vulnerable residents,” said Carole Herman of the Sacramento-based Foundation Aiding the Elderly, who filed a lawsuit last year against the Department of Public Health charging it failed to promptly investigate nursing-home complaints.

Full Article & Source:
Unmasked: How California’s largest nursing home chains perform

Financial exploitation case against Perry County coroner set for trial


PERRYVILLE, Mo. -- The financial exploitation case against Herbert Miller is headed to trial next month.

Miller -- who has served as Perry County, Missouri, coroner since 1995 -- was charged in January with one count each of theft and financial exploitation of the elderly, both Class B felonies punishable by five to 15 years in prison.

Miller is accused of taking more than $80,000 from a 94-year-old woman over whom he had power of attorney.

The case is set for jury trial Dec. 9 and 10.

At a pretrial conference Friday, Circuit Judge Benjamin Lewis said 70 people would be summoned for jury duty.

From that pool, 12 jurors will be chosen to hear the case and render judgment.

According to a probable-cause affidavit filed by Gregrey Martin, an investigator for the Missouri Department of Health and Senior Services, a woman, now 94, appointed Miller as her durable power of attorney in January 2004.

She entered a Perryville nursing home in August 2008 after being diagnosed with dementia.

At a preliminary hearing in February, Andrea Southard, the nursing home's billing manager, said after a billing issue arose in April or May 2013, she asked Miller to bring her some financial records so she could review them and submit a Medicaid application on the woman's behalf.

Southard said in reviewing the records, she noticed several checks payable to cash, beginning in 2009, and a few checks to Miller's business, Miller Family Funeral Home, in "excessive amounts" she characterized as "red flags."

Martin said during the preliminary hearing that Miller admitted writing the checks for cash but claimed half were for the woman's personal use, while half were for services he provided.

Miller also said more than $22,000 in checks to his funeral home were "gifts" the woman meant for him to use for operating expenses, Martin testified.

Martin said based on information from the woman's doctor and a conversation with her in July, he did not believe she was competent to authorize such gifts.

Full Article & Source:
Financial exploitation case against Perry County coroner set for trial

See Also:
Perry County coroner accused of financially exploiting 94-year-old woman