Tuesday, February 10, 2015

Guardian sues care center over alleged negligence


A Galveston County woman is suing a nursing home and its management company over claims they provided negligent care for a 54-year-old man under the plaintiff’s legal guardianship.

NursingHomeJoannie Cook, as legal guardian of Gilbert Michael Melancon, filed a lawsuit Dec. 29, 2014, in Galveston County District Court against Harbourview Care Center Inc. and Regent Management Services, Limited Partnership, citing lack of adequate treatment for Melancon, a bedridden patient with cerebral palsy, mental retardation, seizure disorder and other medical problems.

According to the complaint, sometime on or about Nov. 18, 2012, Melancon, a severely disabled, bedridden resident at Harbourview, was injured while his clothes were being changed. But the the incident was not reported until the next morning when an aide noticed he could not sit up in bed or move his left leg, the suit states, and an examination later that day revealed he had a fractured left hip and femur. The complaint alleges negligence on the part of employees at the center.

The plaintiffs seek damages between $200,000 and $1 million. They are represented by attorney Mark J. Wojciechowski of Wojciechowski & Associates in Spring.

Galveston County District Court case number: 14-CV-1348

Full Article & Source:
Guardian sues care center over alleged negligence

Huge Prescriber of Risky Antipsychotic Drug to Plead Guilty to Taking Kickbacks


A former Chicago psychiatrist who was the nation's top prescriber of the most powerful and riskiest antipsychotic drug intends to plead guilty to a federal felony charge of taking kickbacks from its manufacturer in exchange for prescriptions, court records show.

The U.S. Attorney for the Northern District of Illinois filed a single felony charge against Dr. Michael Reinstein this week for taking $2,000 in November 2009 from drugmaker Teva "in return for Reinstein's referrals of patients" for clozapine prescriptions.

Clozapine, also known as Clozaril and FazaClo, is approved to treat schizophrenia patients who don't respond to other medications. But it can have dangerous side effects, including seizures, inflammation of the heart muscle, and a drop in white blood cells. The drug is considered particularly risky for elderly patients.

A note in court records says that Reinstein intends to plead guilty at his arraignment next Friday. The action was first reported by the Chicago Tribune.

Reinstein's prescribing patterns have been detailed in two ProPublica reports.

In 2009, ProPublica and the Chicago Tribune reported how in one year Reinstein prescribed more of the antipsychotic clozapine to patients in Medicaid's Illinois program than all doctors in the Medicaid programs of Texas, Florida and North Carolina combined. Autopsy and court records showed that at least three patients under Reinstein's care had died of clozapine intoxication. At that time, Reinstein defended his prescription record, arguing that clozapine is effective and underprescribed.

Then, in 2013, as part of a ProPublica investigation into Medicare's failure to monitor problem prescribers, we reported that Reinstein prescribed even more clozapine in Medicare's prescription drug program for seniors and the disabled. Medicare continued to let him prescribe in the program even after the U.S. Department of Justice accused him of fraud and Illinois' Medicaid program suspended payments to him.

The U.S. Attorney's office declined to discuss Reinstein's upcoming plea. Reinstein's attorney, Terence Campbell, did not immediately return a phone call from ProPublica seeking comment. He told the Tribune on Thursday that Reinstein was "working toward resolving the issues raised by the government and hopes to put this episode behind him soon."

The Tribune reached Reinstein, as well, yesterday. He would not discuss the criminal case but denied any payments from Teva, clozapine's manufacturer, were for prescribing the drug. The doctor instead said the money was for lectures he gave.

In November 2012, the federal government filed a civil fraud lawsuit against Reinstein, saying he "received illegal kickbacks from pharmaceutical companies and submitted at least 140,000 false claims to Medicare and Medicaid for antipsychotic medications he prescribed for thousands of mentally ill patients in area nursing homes."

Last August, Illinois medical regulators indefinitely suspended Reinstein's medical license after determining that Reinstein received " illegal direct and indirect remuneration" from the maker of generic clozapine, did not consider alternative treatments for his patients, and disregarded patients' well-being. In response to the medical board's accusations, Reinstein's lawyers invoked his right against self-incrimination.

Early last year, Teva Pharmaceutical Industries Ltd., the maker of generic clozapine, agreed to pay more than $27.6 million to settle state and federal allegations that it induced Reinstein to prescribe the drug.

Reinstein's prescribing of clozapine appears to have declined after our 2009 articles about him. From 2007 to 2009, he wrote an average of 20,000 Medicare prescriptions annually for clozapine and the brand-name version, FazaClo. That figure dropped to about 8,000 in 2012, according to data obtained by ProPublica.

Check out how your doctor's prescribing within Medicare compares to others in his or her specialty in your state. Visit our Prescriber Checkup tool.

Full Article & Source:
Huge Prescriber of Risky Antipsychotic Drug to Plead Guilty to Taking Kickbacks

Shock Report Shows Elderly Auctioned Off to Nursing Homes, “Cattle Markets for Grannies”


A shocking report out of England today focuses more attention on the issue of elderly abuse. A London Daily Mail report indicates local authorities in England are looking into a web site that auctions off elderly people to nursing homes, where the facilities bid on the patients they want to receive.

The whole scheme has been derisively called a “cattle market” for grannies where nursing homes typically win the bid by being the lowest bid in terms of the amount of money they will spend to provide care for the resident.

Experts are criticizing the system as an awful E-bay style auction that is uncivilized and treats people as property to be bought and sold. The bidding is sometimes open for only a few hours, at other times it can last for two or three days and the cheapest offer often wins, the newspaper reports.

The report is not surprising given the lack of respect for the life of elderly people that assisted suicide and euthanasia produces and author Margaret Dore writes that legalized assisted suicide has led to increased cases of elder abuse in Washington and Oregon.

“Assisted suicide in Washington and Oregon is a recipe for elder abuse and cloaked in secrecy,” she writes.

“The Washington and Oregon acts require the state health departments to collect statistical information for the purpose of annual reports. According to these reports, users of assisted-suicide are overwhelmingly white and generally well-educated. Many have private insurance. Most are age 65 and older. Typically persons with these attributes are seniors with money, which would be the middle class and above, a group disproportionately at risk of financial abuse and exploitation,” Dore explained. “The forms used to collect the statistical information do not ask about abuse. Moreover, not even law enforcement is allowed to access information about a particular case.

Here’s more on the outrage in England:
Critics last night said the system was akin to ‘auctioning your granny’ and a ‘cattle market’, saying sensitive decisions about an elderly resident’s final years are being made by a computer programme that is only interested in costs.
It also means the patient or their family often does not see the care home, and that those running the home do not see the patient before they arrive.

One council has boasted of reducing care costs by almost a fifth using the system.

The auction-style process allows councils to circulate anonymised details of individuals to a large number of suppliers who then bid in an online auction for the contract.
As many as 100 providers can bid before the software produces a shortlist of the most favourable bids. Shortlisted bidders are then told where they are ranked in the process.
If they are in second position, they can adjust their bid – either by lowering the price or offering extra care services – so that they can move up to first.
Councils say quality is the first consideration, but figures obtained under a Freedom of Information request show 92 per cent of care packages commissioned on the system over a six-month period were awarded to the bidder with the lowest price, BBC 5 Live revealed.
Ros Altmann, a Government adviser and independent expert on care for the elderly, said: ‘These eBay-style sites highlight the funding crisis for elderly care. It is awful. The idea of bidding for a person is just uncivilised. These are not parcels, they are people.’
Janet Morrison, chief executive of the charity Independent Age, said: ‘Do we really want to treat older people as a “product” to be bought and sold this way? We are concerned that older people’s needs will lose out to price as the main reason for selecting a home.’
At least 12 councils use the auction-style systems. They include Kent County Council, Devon County Council, Southend Borough Council and Birmingham City Council. Dozens more are expected to follow suit.
Full Article & Source:
Shock Report Shows Elderly Auctioned Off to Nursing Homes, “Cattle Markets for Grannies”

Monday, February 9, 2015

Analysis shows dozens of complaints lodged against northwest Minnesota health facilities in past decade


In 2007, an unidentified man living at Hillcrest Senior Living in Red Lake Falls, Minn., fell out of bed and became wedged between his bed and the room's heat register.

By the time staff discovered him, he had sustained second-degree burns stretching from his right hip to his ankle.

The case was one of 22 confirmed instances of neglect, abuse or financial exploitation reported to the Minnesota Department of Health's Health Facility Complaint Office between 2005 and 2014 in Kittson, Marshall, Pennington, Polk, Red Lake and Roseau counties.

An investigation by the office concluded the resident's bed should have been at least 24 inches away from the heater.

"Due to a failure of the facility to provide for the safety of residents related to heat registers, it was determined that a serious threat to resident health and safety existed," special investigator Marilyn Norling wrote in a report about the incident.

Staff at Hillcrest Senior Living did not return calls for comment.

In other confirmed cases of maltreatment published in state reports, staff stole medication and money from patients, caused physical harm through hitting and did not initiate CPR when patient records said it should be performed, which resulted in the death of at least two patients.

At a REM Northstar facility in Crookston, a client received first- and second-degree burns on her left leg when she was left unsupervised and spilled hot coffee on herself in October 2010.

Executive Director Connie Menne said the company has zero tolerance for neglect and abuse and has a number of training protocols to prevent maltreatment.

"On at least an annual basis, each individual's supervision levels are reviewed by the care team," she said. "These discussions are outlined in a risk plan, and all employees are trained on these plans."
At least 40 hours of training and orientation are required of new employees, Menne said.

Keeping updated standard practices, such as patient care procedures, is advocated by organizations such as Care Providers of Minnesota — a nonprofit membership organization for care facilities such as nursing homes.

"If there are problems out there, we want to see them resolved," said Doug Beardsley, vice president of member services for Care Providers. "Standards of practice keep changing and require higher and higher expectations, which is appropriate. We don't want people in pain."

Counting complaints

More than 2,600 health facilities are licensed by the Minnesota Health Department and fall under the jurisdiction of its Health Facility Complaint Office.

Those facilities include nursing homes, hospitals, boarding care homes, supervised-living facilities, home care providers, hospice programs and residences, assisted-living providers and freestanding outpatient surgical facilities.

Alleged incidents of maltreatment at all Minnesota facilities generated 1,345 complaints statewide in 2013, according to the most recent annual "Allegations of Maltreatment in Minnesota Health Care Facilities" report submitted to the Minnesota State Legislature.

Complaints are not as prevalent in northwestern Minnesota as they are in more urban areas, but dozens were filed between 2005 and 2014.

Total, 58 complaints were received during that timeframe for facilities in the six aforementioned northwest counties. While 22 allegations were substantiated, 36 were not confirmed or the investigation was inconclusive.

Complaints: List of northwest Minnesota county complaints

Allegations of maltreatment — accidents are not reportable — can be submitted to the complaint office by residents, by someone on their behalf or by "provider-initiated" reports, which means the care provider brings allegations forward for investigation.

REM received six complaints during that 10-year time period, though only one involving the client burned by coffee was confirmed by investigators.

Even unconfirmed allegations prompt action, according to Menne.

"In these situations, we do review the incident and — consistent with our high standard for quality — we routinely re-train our employees and revise our protocols as warranted," she said.

Complaints constituted only 7 percent of maltreatment incidents reported to the state.

Incidents coming out of facility self-reports represent an overwhelming majority of those filed with the Health Facility Complaint Office.

More than 19,500 allegations of maltreatment came to the state through these reports in 2013. That number represents a 527 percent increase in the number of maltreatment allegations since 2010.

"It tells that people aren't trying to hide something. They're not waiting for a complaint or a family or community member," Beardsley said of the number of self-reports. "They're saying 'Hey, we caught something or something less than desirable happened. We are going to do our own internal investigation, and we believe it's appropriate and required for an external agency to look at it.'"  (Continue Reading)

Full Article & Source:
Analysis shows dozens of complaints lodged against northwest Minnesota health facilities in past decade

District Judge Kelly Ballentine suspended without pay for failing to file taxes


An embattled Lancaster city district judge has been suspended regarding her alleged failure to pay income taxes.
The state's Court of Judicial Discipline suspended Judge Kelly Ballentine on Friday, following a Thursday hearing in Harrisburg.
The Court of Judicial Discipline issued the order late Friday afternoon. The panel will decide permanent penalty at an upcoming sanctions hearing.

Ballentine will continue to receive medical benefits during the suspension.

A senior district judge will preside over cases at her office for the time being.

The state Judicial Conduct Board, essentially the prosecuting agency in the process, charged Ballentine with not paying state or federal income taxes between 2009 and 2013.

The board also charged that Ballentine has a prior conviction of conducting sales, during that same time, at her Lancaster city fashion store without a tax license.

Ballentine faced a separate legal battle when the state attorney general charged her in 2012 with dismissing her own parking tickets.

Ultimately, she pleaded guilty, paid a fine and was sentenced to probation. She was suspended from her judge duties for 16 months, before returning to the bench in June 2013 - on judicial probation.
She's been hearing cases ever since.

At the Thursday hearing, the Judicial Conduct Board argued that Ballentine violated the judicial probation with the tax violations. They also argued she violated the state constitution with the alleged misconduct.

Full Article & Source:
District Judge Kelly Ballentine suspended without pay for failing to file taxes

See Also:
Pennsylvania District Judge Kelly Ballentine Suspended From Practicing as an Attorney, But Continues to Sit on the Bench

Murder for Hire, Embezzlement and Attorneys Behaving Badly


A murder for hire plot, embezzlement, and stealing money from mom are just a handful of crimes and acts of misconduct committed by Oregon attorneys in the last three years.
 
The Oregon State Bar’s disciplinary arm considered 234 cases of official misconduct in 2014.   Among them were cases that included a defense lawyer who hired a man to kill his wife, the treasurer of the Oregon’s Yale Alumni Fund who wrote himself checks for over $31,000, and a lawyer who resigned after moving money out of his mother’s bank accounts into his own. 
 
See Below: The Five Worst Cases of Attorney Misconduct 2012-2014
 
While some cases are more egregious than others, the most common reason Oregon attorneys got disbarred between 2012 and 2014 was for taking money from their clients’ escrow, trust or personal accounts without their knowledge.
 
“Lawyers are well aware that that is a kind of mortal sin,” said veteran Portland litigator Terry Scannell. “Just bounce a check [from a clients account] and the bank is required to notify the bar.”
 
Scannell and other legal experts say that Oregon’s legal oversight system sets a high standard for legal ethics. That said, the bar association recently came under fire from the national association for being slow, inefficient and not independent enough. The American Bar Association recommended 19 areas where the local system could be improved.
 
Lawyers In Trouble
 
The most common misconduct cases seen by the Oregon bar are about small issues like attorneys who fail to adequately communicate with or represent their clients. Simply failing to file paperwork on time can constitute misconduct. 
 
Still, health-related complaints are on the rise, nationwide.
 
According to a national 2015 American Bar Association report, “disciplinary agencies are seeing a rise in complaints involving lawyers who are struggling with substance abuse issues and mental health problems, as well as age-related mental incapacity.”
 
Local attorneys are not immune to such issues, said Oregon State Bar spokeswoman Kateri Walsh. 
 
“It’s true that we see cases arise when a lawyer is struggling with mental health, drug or gambling or some other issue,” Walsh said. “I can’t say it’s increasing. But lawyers, like everyone else, suffer from these issues.”  (Continue Reading)

Full Article & Source:
Murder for Hire, Embezzlement and Attorneys Behaving Badly

Sunday, February 8, 2015

Lawyer charged with stealing from wards, bilking burial fund


Paul S. Kormanik
A grand jury has accused a Columbus lawyer who served as court-appointed guardian for more than 400 people of stealing from his wards and from taxpayers.

Paul S. Kormanik was indicted on 11 charges yesterday. One is a first-degree felony accusing him of engaging in a pattern of corrupt activity, a violation of Ohio’s RICO (Racketeer Influenced and Corrupt Organizations) Act, Franklin County Prosecutor Ron O’Brien said.

Kormanik was in jail last night. He is already awaiting trial on two felony theft charges. He was re-indicted on those two charges yesterday, and nine charges were added.

Investigators with O’Brien’s office and Ohio Attorney General Mike DeWine’s office said Kormanik stole nearly $50,000 from four wards between 2009 and last year. The indictment says Kormanik hid assets from the court that belonged to wards and deposited them into his own accounts.

In addition to the RICO charge, Kormanik, 65, faces four felony charges of theft from an elderly person or disabled adult. He is also charged with five counts of tampering with records; authorities say he hid his wards’ checking or savings accounts from the court.

A fifth-degree felony charge accuses him of theft from the city of Columbus’ indigent-burial fund. Investigators found that Kormanik hid the assets of some of his wards to make it appear that they were indigent.

He applied to receive $710 from the city at least three times to bury wards he told the court were indigent, according to the indictment. Investigators found that those wards had thousands of dollars in assets that Kormanik did not disclose.

“The city has a burial fund that pays for burial for indigent people, and what actually happened is the person who oversees that fund, having read The Dispatch and seeing the articles (about wards and their court-appointed guardians), contacted us,” O’Brien said. “We sat down with the probate court and did some cross comparisons."

Calls to Kormanik and his attorney, Richard Cline, were not immediately returned.

Kormanik was one of several guardians highlighted in “Unguarded,” a five-part Dispatch investigative report that raised questions about how county probate courts across the state handle the care of children, the elderly and people with mental disabilities who are deemed unfit to care for themselves.

The investigation found lapses in court procedures and a lack of follow-through by several judges that subjected wards to abuse and neglect. Those lapses in Franklin County allowed Kormanik to amass nearly 400 wards.

Kormanik told The Dispatch last year that he was likely the guardian with the most wards in the country and easily in the state.

Probate judges, including current Franklin County Probate Judge Robert Montgomery, appointed Kormanik as guardian to each of his wards.

Court officials have been cooperating with the investigation.

“The court is aware of the indictment of attorney Paul S. Kormanik on theft and related charges concerning his conduct as a legal guardian,” Mike Moran, chief counsel to Montgomery, wrote in an email. “The indictments, in part, resulted from this court making one or more referrals to the appropriate law-enforcement agency concerning Mr. Kormanik’s handling of guardianships.”

Full Article & Source:
Lawyer charged with stealing from wards, bilking burial fund 

See Also:
Investigations launched into billing by lawyers appointed as guardians

Wards of indicted guardian are missing items, relatives say

Guardianship bill needed

Congress Seeks to Head Off Exploitation of Elderly

The case headed for a Southeast Missouri courtroom today involves a public official, and that makes it unusual. The nature of the case, however, has become increasingly typical.

The coroner of Perry County stands accused of theft and financial exploitation of the elderly. The allegation involves a woman in her 90s and at least $80,000 taken from her bank account.


Missouri’s legislature has acted in recent years to strengthen state laws against those taking financial advantage of older citizens. And Congress turned its attention to the problem with a hearing this week.

Sen. Claire McCaskill of Missouri serves as the top Democrat on the Senate Special Committee on Aging, which heard testimony on Wednesday about financial exploitation of the elderly. She said later that an upsurge in the crime seemed likely.

“We do believe, because of the baby boomer generation, that there is going to be not a diminishment of this but, in fact, an increase,” she said in a conference call with reporters.

Demographic trends point to an aging population. In Missouri, according to the state’s Office of Administration, residents 65 and older made up 13 percent of the population in 2000. This will rise to an estimated 21 percent by 2030, with roughly 176,000 people in the 85-and-older category in that year.

Former Martin County (Indiana) Judge Pleads Guilty in Tax Case

A former judge in Martin County is facing a year in jail and a $100,000 fine for failing to pay $66,000 in tax debt.

Josh J. Minkler, Acting United States Attorney, announced Robert Joseph Howell, 51, pleaded guilty to failing to file his federal income tax returns for 2012.

He was found guilty today before U.S. District Chief Judge Richard L. Young.

Howell, operated Howell Law Firm PC in Loogootee, performing legal services. In 2012, the firm had gross receipts of approximately $450,000, including a $300,000 fee he received from a wrongful death insurance settlement.

Howell’s return preparer initially filed an extension for the 2012 tax year which expired in October 2013. When the accounting firm sent Howell an invoice, he chose not to pay the invoice or his owed taxes. He failed to file business or personal returns in 2012, resulting in a tax debt of over $66,000.

According to testimony in court, over $265,000 was withdrawn from his personal and business accounts at casinos in Evansville and French Lick.

R. Joseph Howell
Howell formerly served as a circuit court judge and prosecutor in Martin County.

Minkler stated, “taxes are a fundamental responsibility we all owe to help maintain infrastructure, schools and public safety services. When someone willfully neglects that responsibility, they will be held accountable.”

This case was investigated by the Internal Revenue Service, Criminal Investigation.

According to Assistant United States Attorney James M. Warden, who prosecuted the case for the government, Howell faces up to one year in prison, a fine up to $100,000, and must pay full restitution to the IRS.

Sentencing is scheduled for May 11, 2015, in Evansville.

Source:
Former Martin County Judge Pleads Guilty in Tax Case