Sunday, October 21, 2018

Brooke Astor’s grandson makes case for ‘Elder Abuse’ postage stamp

The grandson of swindled New York philanthropist Brooke Astor still hopes to help “stamp” out elder abuse — with a fundraising US postage stamp.

Twelve years after he outed his own father for neglecting and stealing from the multi-millionaire Astor, Philip Marshall has joined with other elder abuse activists and two New York legislators to urge an “Elder Abuse” postage stamp.

“Those two words should never be paired together,” Marshall said of elder abuse, a cause he now devotes himself to full time. “But they are. One in 10 seniors is victim of elder abuse, which has many forms,” including neglect and financial exploitation, he said.

In a case that got national attention, Marshall reluctantly took his father, Anthony Marshall, to court in 2006 for secluding the dementia-suffering Astor in her squalid Park Avenue apartment while looting tens of millions of dollars from her fortune.

The grandson mustered support from Astor’s A-list of powerful pals, including David Rockefeller, Henry Kissinger and Annette de la Renta, and successfully had his father removed as Astor’s legal guardian — and prosecuted for grand larceny.

“I think the sad circumstance surrounding my grandmother informed a timely cause in elder justice, and increased awareness nationwide about elder abuse,” he told The Post.

Fundraising stamps must be approved by Congress, and have previously been issued to raise federal funding and awareness for Alzheimer’s and breast cancer.

The “Stamp out Elder Abuse Act of 2018” was introduced in both the House and Senate this week; among its bipartisan House sponsors were Reps. Peter King (R-Long Island) and Carolyn Maloney (D-Brooklyn).

Also pushing for the stamp is the Elder Justice Coalition.

“The EJC is proud to have worked closely on this legislation with the sponsors and advocates, including Philip C. Marshall, founder of Beyond Brooke, a cause-based campaign named to honor Philip’s late grandmother,” said the group’s national coordinator, Bob Blancato.

Under the bill, proceeds from the stamp would fund elder abuse efforts at the federal Administration on Aging and the Department of Justice.

Full Article & Source:
Brooke Astor’s grandson makes case for ‘Elder Abuse’ postage stamp

Letter to the editor: Elder coalition commends U.S. Sen. Susan Collins

The bipartisan 3,000-member national Elder Justice Coalition commends U.S. Sen. Susan Collins for her sponsorship of the Stamp Out Elder Abuse Act – S.3594. The coalition worked closely with Sen. Collins, and a key motivation for this bill was to honor philanthropist Brooke Astor, a part-time resident of Maine who was a victim of elder abuse and financial exploitation.

The legislation directs the U.S. Postal Service to develop the stamp and use the proceeds from its sales to provide funding to augment the elder justice initiatives in two federal agencies.These programs include prevention, education, data collection, services to protect and support victims and demonstration projects, in addition to initiatives to investigate and prosecute perpetrators of elder abuse and financial exploitation.

As chairman of the Special Committee on Aging, Sen. Collins has held hearings and heard testimony on senior scams, financial exploitation by guardians and abuse linked to opioid addiction by caregivers and family.

We believe that passage of this bill is still possible this year. We thank Sen. Collins for her support in the fight against elder abuse, neglect and exploitation. She is a true leader in this field.

Robert Blancato
national coordinator, Elder Justice Coalition

Full Article & Source:
Letter to the editor: Elder coalition commends U.S. Sen. Susan Collins

Saturday, October 20, 2018

Woman, 97, Bilked Out of Thousands of Dollars by Retirement Home Workers, Authorities Say


For eight years, 97-year-old Grace Watanabee called the Symphony Residences of Lincoln Park home.

But Watanabee has been removed from the senior living facility, after Cook County authorities say several employees stole more than a half a million dollars from her bank account.

The accusations have stunned some residents.

"I feel like that shouldn’t have happened there," resident Peter Brown said.

“I’ve never seen such widespread corruption at a nursing home before," acting Cook County Public Guardian Charles Golbert said.

The Cook County’s Public Guardian office had been the ones to discover the alleged thefts, when Watanabee’s banking institution reached out to them.

"This was a woman who made very modest withdrawals, for years and years," Golbert said. "And then all of a sudden checks for tens of thousands of dollars started going out to strangers."

The public guardian says the employees wrote checks for as much as $25,000 to $50,000 at any given time and copies of those checks have been included in a lawsuit against those employees and the parent company of Symphony Residences.

“The employees ranged from the very top of the finance manager to the activities director to the hairdresser at the nursing home to the receptionist,” Golbert said.

Watanabee suffers from dementia and the county’s public guardian has been watching over her because the 97-year-old has no surviving relatives.

In statement, a Symphony spokesperson said “the employees suspected of involvement are no longer employed at the facility and all staff were retrained in company policies relating to receiving gifts from residents and their families. The team at the residences has done everything in its power to prevent this from happening again.”

“Ms. Watanabee had no family visiting, so she was vulnerable so that is how this happened,” Golbert said.

Chicago police have launched a criminal investigation and the public guardian has started to work on getting the money back.

Full Article & Source:
Woman, 97, Bilked Out of Thousands of Dollars by Retirement Home Workers, Authorities Say

‘Elder orphans,’ without kids or spouses, face old age alone.

It was a memorable place to have an “aha” moment about aging.

Peter Sperry had taken his 82-year-old father, who’d had a stroke and used a wheelchair, to Disney World. Just after they’d made their way through the Pirates of the Caribbean ride, nature called. Sperry took his father to the bathroom where, with difficulty, he changed the older man’s diaper.

“It came to me then: There isn’t going to be anyone to do this for me when I’m his age, and I needed to plan ahead,” said Sperry, now 61, recalling the experience several years ago.

Sperry never married, has no children and lives alone.

Like other “elder orphans” (older people without a spouse or children on whom they can depend) and “solo agers” (older adults without children, living alone), he’s expecting to move through later life without the safety net of a spouse, a son or a daughter who will step up to provide practical, physical and emotional support over time.

About 22 percent of older adults in the United States fall into this category or are at risk of doing so in the future, according to a 2016 study.

“This is an often overlooked, poorly understood group that needs more attention from the medical community,” said Maria Torroella Carney, the study’s lead author and chief of geriatric and palliative medicine at Northwell Health in New York. It’s also an especially vulnerable group, according to a recently released survey of 500 people who belong to the Elder Orphan Facebook Group, with 8,500 members.

Notably, 70 percent of survey respondents said they hadn’t identified a caregiver who would help if they became ill or disabled, while 35 percent said they didn’t have “friends or family to help them cope with life’s challenges.”

“What strikes me is how many of these elder orphans are woefully unprepared for aging,” said Carney, who reviewed the survey at my request.

Financial insecurity and health concerns are common among the survey respondents: a non-random sample consisting mostly of women in their 60s and 70s, most of them divorced or widowed and college-educated.

One-quarter of the group said they feared losing their housing; 23 percent reported not having enough money to meet basic needs at least once over the past year; 31 percent said they weren’t secure about their financial future. Some 40 percent of people admitted to depression; 37 percent to anxiety. More than half (52 percent) confessed to being lonely.

Carol Marak, 67, who runs the Facebook group, understands members’ insecurities better than ever since suffering an accident several weeks ago. She cut her finger badly on a meat grinder while making chicken salad for dinner guests. Divorced and childless, Marak lives alone in an apartment tower in Dallas. She walked down the hall and asked neighbors — a married couple — to take her to the emergency room.

“I freaked out — and this wasn’t even that big of a deal,” Marak said. “Imagine people like me who break a hip and have a long period of disability and recovery. What are they supposed to do?”

Sperry has thought a lot about who could be his caregiver down that road in a circumstance like that. No one fits the bill.

“It’s not like I don’t have family or friends: It’s just that the people who you can count on have to be specific types of family and friends,” he said. “Your sister or brother, they may be willing to help but not able to if they’re old themselves. Your nieces and nephews, they may be able, but they probably are not going to be willing.”

The solution Sperry thinks might work: moving to a continuing care retirement community with different levels of care when he begins to become less independent. That’s an expensive proposition — entry fees range from about $100,000 to $400,000 and monthly fees from about $2,000 to $4,000. Sperry, a longtime government employee, can afford it, but many people aging alone cannot.

Planning for challenges that can arise with advancing age is essential for people who go it alone, advised Sara Zeff Geber, a retirement coach and author of “Essential Retirement Planning for Solo Agers: A Retirement and Aging Roadmap for Single and Childless Adults.”

A good way to start is to think about things that adult children do for older parents and consider how you’re going to do all of that yourself or with outside assistance, she said.

In her book, Geber lists the responsibilities that adult children frequently take on: They serve as caregivers, help older parents figure out where to live, provide emotional and practical support, assist with financial issues such as managing money, and agree to serve as health-care or legal decision-makers when a parent becomes incapacitated.

Also, older parents often rely on adult children for regular social contact and a sense of connectedness.

In New York, Wendl Kornfeld, 69, began running year-long workshops for small groups of solo agers four years ago. Though married, she and her 80-year-old husband consider themselves future solo agers living together. “We figured out a long time ago one of us was going to survive the other,” she said.

At those gatherings, Kornfeld asked people to jettison denial about aging and imagine the absolute worst things that might happen to them, physically and socially. Then, people talked about how they might prepare for those eventualities.

“The whole purpose of these get-togethers was to be fearless, face issues head-on and not keep our heads in the sand,” Kornfeld said. “Then, we can plan for what might happen, stop worrying and start enjoying the best years of our lives.”

Kornfeld took her program to New York City’s Temple Emanu-El three years ago and is working with several synagogues and churches interested in launching similar initiatives. Meanwhile, elder orphans have begun meeting in-person in other cities, including Chicago; Dallas; Portland, Ore.; San Diego; and Seattle, after getting to know one another virtually on the Elder Orphan Facebook Group.

Full Article & Source:
‘Elder orphans,’ without kids or spouses, face old age alone.

Butler faces 28 counts

Former senior living director indicted on fraud, drug charges

 

Former owner of Senior Lifestyles, Stephanie Butler, has been indicted on 28 charges by the Putnam County Grand Jury.

The indictment also lists Brian Fitzhugh Richey, a licensed nurse practitioner. Richey turned himself into the Putnam County Jail this morning.

According to a release from District Attorney General Bryant Dunaway, the investigation began in February, following multiple reports of criminal behavior.

Butler faces charges of conspiracy to obtain controlled substances by fraud, obtaining controlled substance by fraud, conspiracy to commit financial exploitation of an elderly/vulnerable adult, financial exploitation, 11 counts of financial exploitation (A only), theft over $2,500 (A only), 4 counts of identity theft, 6 counts of money laundering and tampering with evidence.

According to the indictments, Butler obtained or acquired possession of residents' controlled substance medication by misrepresenting that the medication would be destroyed.

The count of committing financial exploitation of an elderly or vulnerable adult reportedly happened between December 2017 until May 2018, when Senior Lifestyles was initially raided by TBI agents.

Charges date back to 2016, alleging that Butler reportedly deprived patients of property, medication and knowingly financially exploited them while acting as their caregiver.

Butler also reportedly violated the Identity Theft Victim's Rights Act of 2004, and used, possessed, bought or obtained the personal information of numerous patients. After knowing an investigation was pending, Butler reportedly destoyed or concealed prescription medication packages.

The investigation discovered a total of 16 victims. Butler is now in the Putnam County Jail with a $150,000 bond.

Richey has charges of conspiracy to obtain controlled substance, obtaining controlled substances by fraud, conspiracy to commit financial exploitation of an elderly/vulnerable adult and financial exploitation of an elderly/vulnerable adult.

According to the indictment, Richey used his professional license as a way to provide and prescribe excessive amounts of controlled substances. Richey also reportedly prescribed victims controlled substances to numerous residents at Senior Lifestyles.

Richey reportedly became aware that Butler was diverting medication from patients and did not act to intervene, and continued to prescribe controlled substances.

Butler, on at least one occasion, provided Richey with controlled substances, from a resident of Senior Lifestyles, for his personal use.

Richey had a bond of $40,000.

Full Article & Source:
Butler faces 28 counts

Friday, October 19, 2018

‘No One is Coming:’ Investigation Reveals Hospices Abandon Patients at Death’s Door


As her husband lay moaning in pain from the cancer riddling his body, Patricia Martin searched frantically through his medical bag, looking for a syringe.

She had already called the hospice twice, demanding liquid methadone to ease the agony of Dr. Robert E. Martin, 66. A family practice physician known to everyone as “Dr. Bob,” he had served the small, remote community in Wasilla, Alaska, for more than 30 years.

But the doctor in charge at Mat-Su Regional Home Health and Hospice wasn’t responding. Staff said he was on vacation, then that he was asleep. Martin had waited four days to get pain pills delivered, but her husband could no longer swallow them. Now, they said, she should just crush the drugs herself, mix them with water and squirt the mixture into his mouth. That’s why she needed the syringe.

“I thought if I had hospice, I would get the support I needed. They basically said they would provide 24/7 support,” she said, still shaking her head in disbelief, three years later. “It was a nightmare.”

Patricia had enrolled her husband in hospice when the metastatic prostate cancer reached his brain, expecting the same kind of compassionate, timely attention he had given his own patients. But Bob Martin had the misfortune to require care during a long holiday weekend, when hospices are often too short-staffed to fulfill written commitments to families. The consequences, as documented through a review of official records and interviews, were dire.

It took six days and three more calls before he received the liquid methadone he needed. Hospice denied Patricia Martin’s requests for a catheter, and she and her son had to cut away his urine-soaked clothing and bedding, trying not to cause him additional pain. The supervising hospice doctor never responded. A nurse who was supposed to visit didn’t show up for hours, saying she was called for jury duty.

Bob Martin died just after midnight on Jan. 4, 2014. “It was just sheer chaos,” Patricia Martin said. “It makes me wonder about other people in this situation. What happens to them?”

Patricia Martin goes through old photographs of her husband Robert, who died from prostate cancer in 2014.
Patricia Martin goes through old photographs of her husband Robert, who died from prostate cancer in 2014. Heidi de Marco—KHN
 
The Martins had entrusted the ailing doctor’s final days to one of the nation’s 4,000-plus hospice agencies, which pledge to be on call around the clock to tend to a dying person’s physical, emotional and spiritual needs. It’s a thriving business that served about 1.4 million Medicare patients in the U.S. in 2015, including over a third of Americans who died that year, according to industry and government figures.

Yet as the industry has grown, the hospice care people expect — and sign up for — sometimes disappears when they need it most. Families across the country, from Appalachia to Alaska, have called for help in times of crisis and been met with delays, no-shows and unanswered calls, a Kaiser Health News investigation published in cooperation with TIME shows.

The investigation analyzed 20,000 government inspection records, revealing that missed visits and neglect are common for patients dying at home. Families or caregivers have filed over 3,200 complaints with state officials in the past five years. Those complaints led government inspectors to find problems in 759 hospices, with more than half cited for missing visits or other services they had promised to provide at the end of life.

The reports, which do not include victim names, describe a 31-year-old California woman whose boyfriend tried for 10 hours to reach hospice as she gurgled and turned blue, and a panicked caregiver in New York calling repeatedly for middle-of-the-night assistance from confused hospice workers unaware of who was on duty. In Michigan, a dementia patient moaned and thrashed at home in a broken hospital bed, enduring long waits for pain relief in the last 11 days of life, and prompting the patient’s caregiver to call nurses and ask, “What am I gonna do? No one is coming to help me. I was promised help at the end.”

Only in rare cases were hospices punished for providing poor care, the investigation showed.

Six weeks after Martin died, his wife filed a complaint against Mat Su Regional with the Alaska Department of Health and Social Services. The agency’s investigation concluded that the hospice failed to properly coordinate services, jeopardizing his end-of-life care. Hospice officials declined interview requests for this story.

Hospice is available through Medicare to critically ill patients expected to die within six months who agree to forego curative treatment. The care is focused on comfort instead of aggressive medical interventions that can lead to unpleasant, drawn-out hospital deaths. The mission of hospice is to offer peaceful, holistic care and to leave patients and their loved ones in control at the end of life. Agencies receive nearly $16 billion a year in federal Medicare dollars to send nurses, social workers and aides to care for patients wherever they live. While the vast majority of hospice is covered by Medicare, some is paid for by private insurance, Medicaid and the U.S. Department of Veterans Affairs.

To get paid a daily fee by Medicare, hospice agencies face many requirements. They must lay out a plan of care for each patient, ensuring they’ll treat all symptoms of the person’s terminal illness. And they’re required to be on call 24/7 to keep patients comfortable, but because each patient is different, there’s no mandate spelling out how often staff must show up at the home, except for a bimonthly supervisory visit. Hospices must stipulate in each patient’s care plan what services will be provided, when, and by whom, and update that plan every 15 days. Hospices are licensed by state health agencies, and subject to oversight by federal Medicare officials and private accreditation groups.

Although many people think of hospice as a site where people go to die, nearly half of hospice patients receive care at home, according to industry figures.. At its best, hospice provides a well-coordinated interdisciplinary team that eases patients’ pain and worry, tending to the whole family’s concerns. For the 86% of Americans who say they want to die at home, hospice makes that increasingly possible.

But when it fails, federal records and interviews show it leaves patients and families horrified to find themselves facing death alone, abandoned even as agencies continue to collect taxpayer money for their care.

Leo Fuerstenberg
Leo Fuerstenberg
courtesy of Fuerstenberg family
 

On duty, but unreachable


In St. Stephen, Minn., Leo D. Fuerstenberg, 63, a retired U.S. Veterans Affairs counselor, died panicked and gasping for air on Feb. 22, 2016, with no pain medication, according to his wife. Laure Fuerstenberg, 58, said a shipment sent from Heartland Home Health Care and Hospice included an oxygen tank, a box of eye drops and nose drops, but no painkillers.

“They were prescription drugs, but it didn’t say what they were or how to give them,” she recalled. “I just panicked. I called the hospice, and I said, ‘We’re in trouble. I need help right away.’ I waited and waited. They never called back.”

For more than two hours, she tried desperately to comfort her husband, who had an aggressive form of amyloidosis, a rare disease that can lead to organ failure. But he died in her arms in bed, trapping her under the weight of his body until she managed to call neighbors for help.

“That last part of it was really horrible,” she said. “The one thing I promised him is that he wouldn’t be in pain, he wouldn’t suffer.”

Later, state investigators determined that Heartland’s on-duty hospice nurse had muted her phone, missing 16 calls for help. Hospice officials did not respond to repeated interview requests.

“They never followed their protocol, and I’ve never had anybody from there say, ‘We failed, We were wrong,’” said Fuerstenberg, a school counselor who said she relives her husband’s death daily. “If that had been me on my job, I’d be fired.”

Her account was among more than 1,000 citizen complaints that led state investigators across the country to uncover wrongdoing from January 2012 to February 2017, federal records show.

But the complaints offer only a glimpse of a larger problem, said Dr. Joan Teno, a researcher at University of Washington who has studied hospice quality for 20 years. “These are people who got upset enough to complain.”

Officials with the National Hospice and Palliative Care Organization (NHPCO), an industry trade group, said that such accounts are inexcusable — but rare.

“I would venture to say whatever measure you want to use, there are an exponential number of positive stories about hospice that would overwhelm the negative,” said Jonathan Keyserling, NHPCO’s senior vice president of health policy. “When you serve 1.6 million people and families a year, you’re going to have instances where care could be improved,” he added.

But even one case is too many and hospices should be held accountable for such lapses, said Amy Tucci, president and chief executive of the Hospice Foundation of America, a nonprofit focused on education about death, dying and grief. “It’s like medical malpractice. It’s relatively rare, but when it happens, it tarnishes the entire field,” she said.

How often hospices fail to respond to families or patients is an understudied question, experts say, in part because it’s hard to monitor. But a recent national survey of families of hospice patients suggests the problem is widespread: 1 in 5 respondents said their hospice agency did not always show up when they needed help, according to the Consumer Assessment of Healthcare Providers and Systems (CAHPS) Hospice Survey, designed by the Centers for Medicare & Medicaid Services.

“That’s a failing grade,” Teno said. “We need to do better.”

‘It’s like they just didn’t do anything’


Hospice care in the U.S. got its start in the 1970s, driven by religious and non-profit groups aimed at providing humane care at the end of life. Today, however, many providers are part of for-profit companies and large, publicly traded firms. It’s a lucrative business: For-profit hospices saw nearly 15% profit margins on Medicare payments in 2014, according to the Medicare Payment Advisory Commission.

Most families are happy with their experience, according to the CAHPS survey. In data collected from 2015 to 2016 from 2,128 hospices, 80% of respondents rated hospice a 9 or 10 out of 10. Kaiser Family Foundation polling conducted for this story found that out of 142 people with hospice experience, 9% were “dissatisfied” and 89% “satisfied” with hospice. (Kaiser Health News is an editorially independent project of the foundation.)

Indeed, many people give hospice glowing reviews. Lynn Parés, for instance, gushed about her experience from 2013 to 2014 with Family Hospice of Boulder, Colo. When her 87-year-old mother cut her leg, staff came daily to treat her wound. In her last week of life, a nurse came every day. The hospice also provided family counseling, spiritual guidance, and volunteers who surrounded her mother’s bedside, singing old-time songs.

“They were in constant contact with us,” Parés said of the hospice. “It’s amazing to me how much heart there is involved in hospice care.” After her mother died, Parés and her siblings donated part of their inheritance to the hospice. “I can never say enough good about them.”

In 2015, the small, family-owned Boulder company was acquired by a large regional chain, New Century Hospice, part of a larger wave of consolidation in the field.

As the industry grows — hospice enrollment has more than doubled since 2000 — some companies are not following through on their promises to patients, according to the government reports. For instance, data show many hospices fail to provide extra care in times of crisis. To get Medicare payments, hospices are required to offer four levels of care: routine care, which is by far the most common; respite care to give family caregivers a break for short time periods; and two levels of so-called “crisis care,” continuous care and general inpatient care, when patients suffer acutely. But 21% of hospices, which together served over 84,000 patients, failed to provide either form of crisis care in 2015, according to CMS.

Other research has found troubling variation in how often hospice staff visit when death is imminent. A patient’s final two days of life, when symptoms escalate, can be a scary time for families. Teno and her co-authors found that 281 hospice programs, or 8.1% of hospices, didn’t provide a single skilled visit — from a nurse, doctor, social worker or therapist — to any patients who were receiving routine home care, the most common level of care, in the last two days of life in 2014.

Regardless of how often they visit, hospices collect the same flat daily rate from Medicare for each patient receiving routine care: $191 for the first 60 days, then $150 thereafter, with geographic adjustments as well as extra payments in a patient’s last week of life.

Overall, 12.3% of patients on routine home care received no skilled visits in the last two days of life, the study found. Patients who died on a Sunday had the worst luck: they were more than three times less likely to have a skilled visit than those who died on a Tuesday. Teno said that gives her a strong suspicion that missed visits stem from chronic understaffing, since hospices often have fewer staff on weekends.

In Minnesota, Fuerstenberg’s pleas for help went unanswered on a Sunday evening; her husband died just after midnight on Monday. She was appalled when she received a bill for care the agency said occurred on that day.

“When they got paid for nothing, it was like a slap in the face,” said Fuerstenberg, who filed a complaint with Minnesota health officials last year. She heard nothing about the case from hospice officials and didn’t learn it had been investigated until she was contacted by reporters for this story.

In St. Paul, Virginia, a small town in the Appalachian mountains, Virginia Varney enlisted Medical Services of America Home Health and Hospice, a national chain, to care for her 42-year-old son, James Ingle, who was dying of metastatic skin cancer. On his final day, Christmas of 2012, he was agitated, vomiting blood, and his pain was out of control. Varney called at least four times to get through to hospice. Hours later, she said, the hospice sent an inexperienced licensed practical nurse who looked “really scared” and called a registered nurse for backup. The RN never came. Ingle died that night.

Varney said she felt numb, angry and “very disappointed” in the hospice care: “It’s like they just didn’t do anything. And I know they were getting money for it.”

“They told me 24 hours a day, seven days a week, holidays and all,” Varney said. “I didn’t find that to be true.”

An investigation by Virginia state inspectors, which corroborated Varney’s story, revealed the hospice nurse changed the records from that night after the fact, altering the time she reported being at the home. The registered nurse was fired that February. The hospice declined to comment for this story.

Patricia Martin holds an old photograph of her husband Robert, who died from prostate cancer in 2014.
Patricia Martin holds an old photograph of her husband Robert, who died from prostate cancer in 2014. Heidi de Marco—KHN
 

A problem with few solutions


Just how often are hospice patients left in the lurch? Inspection reports, performed by states and collected by CMS, don’t give a clear answer, in part because hospices are reviewed so infrequently.

Unlike nursing homes, hospices don’t face inspection every year to maintain certification. Based on available funding, CMS has instead set fluctuating annual targets for state hospice inspections. In 2014, CMS tightened the rules, requiring states to increase the frequency to once every three years by 2018.
Often, promising to do better is the only requirement hospices face, even when regulators uncover problems. The Office of the Inspector General at the federal Department of Health and Human Services has called for stricter oversight and monitoring of hospice for a decade, said Nancy Harrison, a New York-based deputy regional inspector general. One problem, she said, is there is no punishment short of termination — barring the hospice from receiving payment from Medicare— which is disruptive for dying patients who lose service.

CMS records show termination is rare. Through routine inspections as well as those prompted by complaints, CMS identified deficiencies in more than half of 4,453 hospices from Jan. 1, 2012 to Feb. 1, 2017. During that same time period, only 17 hospices were terminated, according to CMS.

In Alaska, Patricia Martin filed a complaint against Mat-Su Regional with the Alaska Department of Health and Social Services six weeks after her husband’s death. An investigation concluded that the hospice failed to properly coordinate services, jeopardizing his end-of-life care. Hospice officials declined to comment about his case, citing patient privacy rules. In an email, Mat-Su administrator Bernie F. Jarriel Jr. said the hospice “strengthened our policy and procedures” as a result of the investigation, and “members of our caregiving team have been re-educated on these practices.”

In Minnesota, officials with the local Heartland Home Health and Hospice agency referred questions to its corporate owner, HCR ManorCare of Toledo, Ohio. Officials there did not respond to multiple requests for comment about Leo Fuerstenberg’s care. CMS documents indicate the nurse who missed 16 messages “was re-educated on responsibilities of being on call.”

In a 2016 study, the OIG’s Harrison and colleagues called for state surveyors to better scrutinize the care plans hospices outline for their patients. And they recommended that CMS create a range of different levels of punishment for hospice infractions, such as requiring in-service training, denying payments, civil fines, and imposing temporary management.

CMS has no statutory authority to impose those alternate sanctions, said spokesman Jibril Boykin. But it did work to increase transparency in August by launching a consumer-focused website called Hospice Compare that now includes hospices’ self-reported performance on quality measures, and, next year, will include family ratings of hospices.

Until that happens, there’s little information available for families trying to pick a hospice that will show up when it counts. Tucci, of the Hospice Foundation of America, suggests that families of ill or frail relatives consider hospice options before a crisis occurs. The agency recommends 16 questions families should ask before choosing a hospice.

Back in Alaska, Patricia Martin said she’s still waiting for officials with Mat-Su Regional Home Health and Hospice to answer questions about her husband’s poor care. She urges other families enrolling patients in hospice to be vigilant.

“It is my hope that no other family or patient will ever have to go through the nightmare that we did,” she said. “If they promise you they’re going to do something, they should do it.”

This story was produced in collaboration with Kaiser Health News, an editorially independent program of the Kaiser Family Foundation. JoNel Aleccia and Melissa Bailey are Kaiser Health News reporters


Correction: An earlier version of this story incorrectly described the drug Patricia Martin requested from hospice. It was liquid methadone, not liquid morphine.

Full Article & Source:
‘No One is Coming:’ Investigation Reveals Hospices Abandon Patients at Death’s Door

Judge Astacio officially removed from bench, NYS Court of Appeal decides

Judge Leticia Astacio is officially no longer a judge.

Tuesday morning, the New York State Court of Appeals, the highest court in the state, denied Astacio's appeal to remain a judge.

The decision was unanimous which means all seven justices felt Judge Astacio should be removed as a judge.

Click here to read the decision.

Judge Astacio has been officially suspended with pay since April. Rochester City Court judges make $187,200. Astacio has not heard a single case in a courtroom since her DWI arrest in February 2016.

The Court of Appeals heard Astacio's case in September because she appealed the ruling of the New York State Commission on Judicial Conduct which decided she should be removed from the bench. The Commission's decision came down in the spring after a lengthy, confidential investigation into Judge Astacio.

On April 25, the Commission decided Astacio should be removed because she was convicted of DWI in 2016, tried to use her position as a judge to get out of trouble and violated the terms of her DWI sentence at least twice.

The Commission also decided to remove Astacio based on several instances that happened while she was hearing cases in Rochester City Court.

In one case, the Commission said Judge Astacio made fun of a victim of sexual assault. In another case, the Commission said Judge Astacio told a court deputy to physically hurt a defendant.

At a news conference in April, the administrator of the Commission, Robert Tembeckjian, outlined the charges against Judge Astacio.

Charge 1: Her DWI conviction.

Charge 2: She used her office as a judge at the time of her arrest "in an attempt to evade the consequences of her arrest," Tembeckjian said.

Charge 3: Violating her DWI sentence.

Charge 4: The fact that she arraigned a former client when she was a judge, and said, "I totally love him. I'm so sad he's in jail right now."

Charge 5: She made undignified comments in four cases as a judge, including one about a victim in a sex abuse case, "repeating a remark made by an attorney that the alleged victim had 'buyer's remorse.'" Tembeckjian said. "And later saying she thought it was 'freakin' hilarious.'"

Tembeckjian also accused Astacio of telling court deputies to physically harm an unruly defendant. "For example," Tembeckjian said. "Telling officers they should tase or 'shoot' or 'punch' an allegedly (inaudible) defendant in the 'face.'"

Astacio is facing a felony gun charge. She was indicted Sept. 11 on the charge of attempted criminal purchase or disposal of a weapon.

Just prior to the Commission's decision to remove her as a judge, Astacio was arrested for trying to buy a shotgun at several Dick's Sporting Goods stores.

As per New York State law, a conviction of a felony automatically leads to disbarment, which is the removal of a lawyer from a bar association or the practice of law.

The 7th Judicial District Administrative Judge Craig  Doran released the following statement regarding the decision to remove Judge Astacio:

"For more than 2.5 years, one matter has dominated much of the public’s attention and conversation regarding our court system. During this time, hundreds of judges and staff have come to work each day, ready to deliver justice in thousands of cases involving many of the most challenging issues facing our neighborhoods, schools and businesses.

This unfortunate distraction has not hindered the critically important work done on a daily basis, by the highly competent and caring judges, and dedicated court staff serving the people of this community.

We are grateful for the honor to serve the Judiciary, and we invite the public to continue their interest in the courts and focus upon the extraordinary work done in our courthouses every day- upholding the law and assuring that justice prevails."

Click here to see the note News10NBC found on Astacio's door Tuesday morning.



Full Article & Source:
Judge Astacio officially removed from bench, NYS Court of Appeal decides

Eliza Bryant Village to launch Elder Justice Center

With support from the Ohio Attorney General's office, Eliza Bryant Village plans to launch a new Elder Justice Center to provide temporary respite care for elders experiencing some form of trauma, violence, abuse, or criminal victimization.

The goal is to help connect them with various legal, financial and social service supports to get them back into a safe situation, according to a news release from Eliza Bryant Village, which provides services for seniors along the continuum of care.

On Oct. 11, Ohio Attorney General Mike DeWine announced $111.8 million in grants to crime victim service providers across Ohio. Eliza Bryant Village received two awards: continuation of the organization's core grant from last year of about $202,000 and a new grant totaling about $577,000 to launch its Elder Justice Center.

"This funding not only helps us launch a new service line, but also continues our 122 year-long legacy as an anchor institution in Cleveland's Hough neighborhood meeting the evolving needs of our community's most vulnerable elderly," said Danny R. Williams, president and CEO of Eliza Bryant Village, in a prepared statement. 

The Eliza Bryant Village Elder Justice Center is expected to launch in summer 2019, with 10 dedicated rooms for the center and plans to expand that number as appropriate.

Victimizing older adults is a growing local and national trend, according to the release. One in 10 seniors over the age of 60 has suffered some form of abuse or neglect, according to the release, which cites the National Council on Aging. 

According to the Center for Community Solutions, for every case of abuse that occurs, an estimated 23 remain veiled. 

Eliza Bryant Village received its first Victims of Crime Act grant, which was renewed for a second year. 

For a complete list of the grants awarded in the state, click here.

"Over the 18 months since the inception of our VOCA program at Eliza Bryant Village, we have become more acutely aware of the pervasiveness of abuse among seniors and the various types of violence and abuse they experience," Williams said. "We are excited to be at the forefront of this crisis, providing help and safety to those in need."

Full Article & Source:
Eliza Bryant Village to launch Elder Justice Center

Nursing assistant charged with elder abuse

FARMINGTON (News4Utah) - A Hooper man is accused of injuring patients he was supposed to be caring for while working in the memory care unit of a Clearfield assisted living facility.

The allegations against 30-year-old Jason Knox are sickening. The daughters of two victims say he was caught on video viciously elbowing Alzheimer's and dementia patients in their 70s and 80s.

Knox made a brief appearance in Davis County Court Wednesday and waived his right to a preliminary hearing. Prosecutors say the assaults occurred at the Chancellor Garden Assisted Living Facility on 1500 East in Clearfield over the last several weeks.

With a hidden camera in her father's room, one of the daughters captured Knox shoving her father into a wall and striking him with his elbow in a quote "very forceful manner." The booking statement claims Knox admitted to abusing a female patient in a similar manner.

 "We do have cases of abuse," Debbie Booth of the Utah Adult Protective Services Department said. "They can go from somebody doing something that they don't mean to do to something criminal where this guy was definitely intending to be the perpetrator."

So what can you do to make sure that a prospective facility is safe for your loved one? Daniel Musto, Utah's Long Term Care Ombudsman, says his staff inspects nursing homes frequently and you're welcome to give his office a call at 801-538-4171.

"We can talk you to about the facility," Musto told News4Utah. "And identify what issues we've seen in the last six months to a year."

He says you can also check the facility's ratings on Medicare's website and if you suspect abuse or neglect call Adult Protective Services.

The Utah Long-Term Care Ombudsman's website is https://daas.utah.gov/long-term-care-ombudsman/.

"It takes our whole society to watch over them and make sure that these kinds of things don't happen," Booth said. "I want to stress that if people see something or have reason to believe they need to report."

The State Attorney General's office says that Knox is actually not a certified nursing assistant like he told the facility he was. His next court date is scheduled for October 30.

Utah's senior rights are listed at https://daas.utah.gov/seniors/navigating-your-rights/



Full Article & Source:
Nursing assistant charged with elder abuse