Thursday, March 10, 2011

Mickey Rooney's Tale of Elder Abuse

From the Hill.com

"If elder abuse happened to me, Mickey Rooney, it can happen to anyone."

With this statement last week before the Senate Special Committee on Aging, 90-year old entertainment legend Mickey Rooney focused the nation’s attention on a growing problem that long has remained invisible.

We’ve spent countless billions to extend how long we live, but many fewer resources to ensure safety and well-being in the time we’ve gained. Our failure to address the problem means that millions of our parents and grandparents are paying the price in the form of physical, sexual and psychological abuse, neglect, abandonment, and financial exploitation.

Elder abuse occurs in nursing homes, assisted living facilities, other care settings, and, most often, at home. And it’s deadly, leading to a 300% increase in premature death.

Rooney alleges that his step-son and wife withheld food and medication, isolated and verbally abused him, and controlled his life and assets. Neither fame nor fortune protected him from a fate that befalls untold millions of others.

“I tell my residents,” said Mark Lachs, MD, co-chief of geriatrics at Weill Cornell Medical College, “that of every thirteen older patients they see, odds are, one of them is a victim of elder abuse.”

A just-released New York phone survey conducted by Weill Cornell and colleagues found that 7.6% of people 60+ experienced elder abuse, neglect or financial exploitation in the past year. (A similar nationwide survey found even higher rates.) And these phone surveys can’t capture the elders at greatest risk: those who live in facilities; who can’t answer or don’t have a phone; who are too scared to speak because an abuser is close by, or those with dementia.

Abuse rates among those with Alzheimer’s disease are higher still. A staggering 47% of people with dementia who live at home were abused or neglected by caregivers, according to a 2010 University of California, Irvine study.

Few people in Rooney’s position ever come forward which made his Senate appearance all the more significant. The New York study found that only one of every 23 cases of elder abuse ever comes to the attention of a responsible entity.

Rooney explained it this way: I felt trapped, scared, used, and frustrated. But above all, I felt helpless. For years I suffered silently. I couldn’t muster the courage to seek the help I knew I needed. Even when I tried to speak up, I was told to be quiet. It seemed like no one believed me.

The human suffering exacted by elder abuse is matched only by its immense fiscal burdens. Given its estimated price tag of countless billions/year, we can’t afford not to do something about elder abuse:

Elder abuse increases the likelihood of nursing home admission four-fold, depleting Medicare and Medicaid. Health care providers that bill for care they don’t provide (and neglect frail elders) defraud those programs. Financial exploitation pushes victims whose life savings are stolen to lose homes and rely on public programs for housing and health care. And abusive guardianships squander court resources.

A new Government Accountability Office report released last week found a dearth of resources going to address the problem and a federal leadership vacuum. Our response to elder abuse lags some 40 years behind child abuse and 20 years behind domestic violence, in part because there is no Office of Elder Justice, comparable to federal offices that have for years provided leadership, resources, and sustained attention on child abuse and domestic violence issues. Nor have private funders or not-for-profits stepped forward. The consequences of this systemic neglect are everywhere evident.

The safety net to prevent and address elder abuse is in tatters. In some jurisdictions, Adult Protective Services workers begin fieldwork with less training than a Starbucks employee receives before making her first latte. We don’t know why elder abuse occurs, how much it costs, what practices and programs are effective in addressing it, or how to detect and prevent it. We desperately need more research. Yet, according to the GAO, the National Institute on Aging spent just 1/1000th of its annual budget on elder abuse research. And the situation is similar among other federal or state agencies.

Which takes us back to Mickey Rooney. His testimony has trained a very public spotlight on elder abuse for the first time ever. The question is, will we use this sudden burst of attention to do something lasting? Will Congress and the Administration exert federal leadership, provide resources, and take the necessary smart steps to tackle the problem and build capacity among the fragmented scattershot systems? If Rooney’s dramatic testimony catalyzes such change, it will have been his finest performance yet.


Mickey Rooney's greatest performance - The Hill's Congress Blog

Sentencing announced for record fraud in neglect case

A former employee of the Williamsville Suburban Nursing Home in Amherst, NY was sentenced Monday after pleading guilty to falsifying records to conceal the neglect of a patient.

Deborah Groth, 61, was sentenced by New York State Supreme Court Judge Penny Wolfgang to a three-year conditional discharge and 50 hours of community service. Groth, a former licensed practical nurse (LPN), entered a guilty plea in December to three counts of falsifying business records in the first degree, a class E felony.

Attorney General Eric Schneiderman’s office, which announced the sentencing, said that Groth falsified a resident's records to demonstrate that she had administered an injection of insulin, taken and recorded the resident's vital signs and applied skin treatment when footage from a hidden surveillance camera revealed that she did not perform the procedures.

Groth has surrendered her LPN license and is required to provide the state with a DNA sample, pay a mandatory surcharge of $300 and a $25 victim impact fee

Read more: Sentencing announced in neglect case | Business First Sentencing announced in neglect case | Business First

March is Residents Rights Month

Residents' Rights Month is an annual event designated by the Consumer Voice and is celebrated in October to honor residents living in all long-term care facilities, including nursing homes, sub acute units, assisted living, board and care and retirement communities. It is a time for celebration and recognition offering an opportunity for every facility to focus on and celebrate awareness of dignity, respect and the value of each individual resident. The theme for Residents' Rights Month 2011 is, "Welcome Home: Creating Connections Between Residents and the Community" with the goal of educating the community about residents' rights and to increase community involvement with residents.

The National Consumer Voice for Quality Long-Term Care

Monday, March 07, 2011

Georgia Jury orders health care facilities to pay $9 million in wrongful death

A Walker County jury found Country Crossing Assisted Living, its owner Travis Thompson and Hutcheson Home Heath Care liable in the death of Charlotte Pauline Dean.

Dean died on Jan. 19, 2006 after she was taken to the Hutcheson Medical Center – also known as Hutcheson Home Health. Dean, who had cerebral palsy, had multiple infected pressure ulcers on different parts of her body, her attorney said.

Hutcheson Home Health Care was providing weekly medical treatment, and Country Crossing Assisted Living was hired for around-the-clock care for Dean, her attorney said.

Dean’s family filed a wrongful death suit against the health care facilities, saying they only were treating her for one pressure ulcer, her attorney said.

“I’m very proud of the jury,” Ken Bruce, an attorney with Bruce and Thompson, told the AJC. Bruce was one of four attorneys representing Dean’s family and her estate.

“When you see a verdict like this, by definition it reflects a jury’s belief that there was some very bad treatment and bad conduct by the defendants,” he said.

The verdict came Saturday after a week-long trial in Walker State Court in Lafayette, in northwest Georgia.

The jury awarded $4 million to Dean’s family for pain and suffering and $5.5 million for the wrongful death claim.

The jury also awarded $2,683 in funeral expenses.
Jury orders health care facilities to pay $9 million in wrongful death suit  | ajc.com

Tuesday, March 01, 2011

Proposals to curb nursing home abuse faltering in Ky

Two proposals aimed at preventing and investigating abuse of nursing home patients appear to be dead or stalled in the ongoing state legislative session, according to their sponsors.

In Kentucky, nursing home deaths from neglect and abuse often aren't criminally prosecuted because the coroner isn't called to investigate. But a bill that would require Kentucky nursing homes to report all deaths to the local coroner will not go forward this session because of opposition, its sponsor said.

Rep. Tom Burch, D-Louisville, said he won't call House Bill 69 for a vote in his House Health and Welfare Committee, citing opposition from the nursing home industry and budget concerns from the state's chief medical examiner, Tracey Corey.

Corey has said she would need to hire three medical examiners and support staff to handle the additional death investigations that could result from calling coroners after each nursing home death.

Burch said he tried to compromise with nursing home industry leaders with no success.

"All that I had when they got through compromising was the title (of the bill) and my name on it," Burch said. "I think right now as far as that bill is concerned, it's dead. As much as I want it, I can't move it that fast. I wasn't getting that much support on my committee."

Meanwhile, a bill requiring nursing homes to conduct criminal background checks on all employees appears to be blocked in the Senate. Under current law, employees who provide direct care to residents must have criminal background checks, but custodians, food service workers and others do not.

In 2008, a Lexington nursing home hired a maintenance worker after he had been arrested for sexual solicitation of a minor and kept him on after he was placed on Kentucky's sex offender registry, according to a lawsuit filed against the home.

Read more: http://www.kentucky.com/2011/02/19/1641282/proposals-to-curb-nursing-home.html#ixzz1FOIF1TzfProposals to curb nursing home abuse faltering in Frankfort | Voiceless & Vulnerable: Nursing Home Abuse | Kentucky.com

Thursday, February 24, 2011

Nursing Homes in Massachusetts

Nursing Homes in Massachusetts

McDonough allowed to testify in Sudbury sexual assault case - Framingham, MA

A Sudbury nursing home resident who said she was sexually assaulted by an employee of the home more than a year ago will be allowed to testify at his trial, a judge ruled today.

Ruby McDonough will be allowed to testify against Kofi Agana in his Framingham District Court trial on Jan. 12, Judge Robert Greco said.

McDonough has been diagnosed with expressive aphasia, a condition that makes it difficult for her to communicate verbally or through writing.

McDonough had previously been ruled incompetent to testify by a Framingham District Court judge, but the state Supreme Judicial Court made a ruling that the judge erred by not allowing her to have an aide assist in her testimony.

McDonough, through her lawyer Wendy Murphy, was seeking to have that incompetence ruling overturned. Greco did not specifically overturn the ruling because he said the ruling did not make a judgement about her mental capacity. He said it was a ruling on her ability to testify.

After the ruling, a visibly happy McDonough gave a thumbs up to Murphy.

"The fact that she's being allowed to testify is the same as saying she is competent,'' said Murphy. "She's so happy."

Greco said McDonough will be able to testify with some accommodations, such as yes or no questions and being allowed to take a longer time than usual to answer questions. However, he did not rule how much an expert will be allowed to assist in the testimony.



Read more: Ruby McDonough allowed to testify in Sudbury sexual assault case - Framingham, MA - The MetroWest Daily News http://www.metrowestdailynews.com/archive/x298229494/Ruby-McDonough-allowed-to-testify-in-Sudbury-sexual-assault-case#ixzz1Ew1R6RFaRuby McDonough allowed to testify in Sudbury sexual assault case - Framingham, MA - The MetroWest Daily News

Elder abuse and neglect complaints are on the rise in Massachusetts

BOSTON — Complaints of elder abuse and neglect have risen statewide in recent years while resources to investigate them have failed to keep pace.

Case workers investigated about 16,000 reports of elder abuse or neglect in the year ending June 30, 2009, the most recent statistics available. The data cover people 60 and older in private living environments.

“It could be the economy. It could be any number of reasons,” said Deborah Fogarty, director of protective services for the state Executive Office of Elder Affairs. “We have a rapidly growing population of people who are 60 and over.”

Only when an extreme case of neglect is alleged, as in the case of a 68-year-old Hanover man charged this week with allowing his 93-year-old father to live in squalor, does elder abuse attract widespread attention.

Prosecutors say John T. Hallinan, 68, left his father duct-taped to a chair while he went to work. Police found the elderly man lying in a diaper on the floor in excrement, with sores on his feet.

Hallinan has been charged with assault and battery on a disabled person over 60.

Massachusetts law defines elder abuse as physical, emotional and sexual abuse, caretaker neglect, self-neglect and financial exploitation of a person 60 or older.

There are 22 regional agencies in Massachusetts in charge of investigating cases of elder abuse, and they have a total of 179 case workers assigned to investigate complaints.

After someone files a report of abuse, it is screened by a supervisor at one of the local protective service agencies to determine whether it is covered by the elder abuse law. Cases then are assigned to three priority levels from emergency to routine response.

Emergency cases call for contacting the alleged victim within five hours and visiting within 24 hours. Routine responses involve a home visit within five days.

Protective service agencies can assist elders with medical, legal, psychological, financial and housing assistance. In extreme cases of abuse, they refer cases to local district attorneys.

But investigations can come to an end if the senior refuses to answer the door or declines assistance.

“Self-determination is one of the underlying philosophies,” Fogarty said. “If an elder has the capacity to make decisions and declines an investigation, they have that right.”

Educating members of the community on how to spot signs of elder abuse is a priority of the state and local agencies, Fogarty said. A housekeeper visiting the Hanover residence reported the alleged abuse Aug. 23 after finding the 93-year-old man bound to a chair with duct tape.

Agencies held public events around the state in June to commemorate World Elder Abuse Awareness Day. They also have worked with local banks and trained employees to spot signs of financial exploitation, such as seniors withdrawing large sums of money frequently.


Elder abuse and neglect complaints are on the rise in Massachusetts - Fall River, MA - The Herald News

Monday, February 21, 2011

Sunday, February 20, 2011

COMMONWEALTH vs. LIFE CARE CENTERS OF AMERICA, INC.

COMMONWEALTH vs. LIFE CARE CENTERS OF AMERICA, INC.

Opinion 2010

MA Court rules LIFE CARE CENTERS OF AMERICA can't be tried criminally

The Highest Court in Massachusetts in 2010 concluded that a corporation could not be convicted of involuntary manslaughter, based on a theory of corporate criminal liability established by aggregating the knowledge and actions of multiple employees that were at worst merely negligent (i.e., a nursing home employee's removal, from a patient's medical chart, of a doctor's order that the patient wear a security bracelet; the knowledge of various employees that the patient was supposed to wear a security bracelet and tended to attempt to leave the nursing home; the knowledge of a nursing supervisor that the security bracelet order had been removed from the patient's chart and her failure to have the order reentered on the chart; and the failure of a substitute nurse to check that the patient was wearing the security bracelet), in the absence of evidence that at least one employee acted, or failed to act, with the requisite mental state of wanton or reckless conduct.
This court concluded that a corporation could not be convicted of neglect of a resident of a long-term care facility, in violation of G. L. c. 265, § 38, based on a theory of corporate criminal liability established by aggregating the knowledge and actions of multiple employees that were at worst merely negligent, in the absence of evidence that at least one employee committed abuse, mistreatment, or neglect while acting with the requisite mental state of knowing and wilful conduct.
LIFE CARE CENTERS OF AMERICA, INC., COMMONWEALTH vs., 456 Mass. 826

Life Care Center faced manslaughter charges in Massachusetts

Acton, Mass. — There are a few facts almost everyone agrees on surrounding the death of Julia McCauley.

On the morning of Aug. 17, 2004, McCauley, 74, rolled her wheelchair unattended out the front door of the Life Care Center of Acton, where she had been a resident for five years, and tumbled down a flight of stairs. She died a short time later.

McCauley, who had approached the doors of the 1 Great Road facility before, was not wearing a doctor-prescribed WanderGuard bracelet designed to set off an alarm and lock the doors if McCauley got too close to the exit.

But that’s where the common ground ends for Life Care Center officials and Attorney General Martha Coakley.

Coakley’s office believes that McCauley’s death could have been avoided had she been wearing her electronic bracelet and that the nursing home’s parent company, Life Care Centers of America, is culpable.

But Life Care Center officials deny any wrongdoing and argue that McCauley’s death, though a tragedy, was an unfortunate accident in a long-term care facility striving to provide the best possible care.

Life Care officials also argue prosecuting the corporation could also cause a backlash against nursing homes, hospitals and other health care facilities where accidents inevitably occur.

The corporation is charged with manslaughter and neglect of a long-term care facility resident. The trial begins March 9 at Middlesex Superior Court.

“We think it’s an important case,” said Harry Pierre, a spokesman for Coakley’s office. “Our lawyers are prepared to prosecute the case.”

If convicted, the Tennessee-based corporation could face fines of up to $6,000.

But Life Care officials said they are confident heading into next week’s trial.

“Julia McCauley was a beloved member of our community and a part of our family. At the end of the day, her death was an accident, not a crime,” said Rob Alderman, Life Care’s director of public relations. “We are looking forward very much to having our good name cleared.”

Life Care operates more than 200 facilities in 28 states, including several that have come under scrutiny in the past.

In 2005, the company paid $2.5 million to resolve allegations of billing Medicaid and Medicare for services that were never provided or were useless to the residents of a Lawrenceville, Ga., facility.

And the Acton facility has been the target of state and federal fines in the past.

The facility was fined $2,112 in the fall of 2005 and $11,147 in December 2006 for various deficiencies found during routine state checks.

In July 2007, state and federal regulators imposed fines totaling more than $164,000 for deficiencies that jeopardized residents’ safety. But the fines were rescinded after a more extensive investigation.

Alderman said the Acton home has addressed all the deficiencies found in the state inspections, which has improved the facility.

“The question is do we get up every single day and decide to make the facility better than it was the day before, and that’s the case in Acton,” he said. “Acton is absolutely on top of it. It’s a great place to be.”

The case against Life Care Center is possibly one of only two instances where the commonwealth has charged a corporation with manslaughter.

In August 2007, the commonwealth charged the company that supplied epoxy used in the Big Dig with manslaughter after a Jamaica Plain woman was killed when a ceiling panel in the Interstate 90 Connector Tunnel fell on her car. That case was settled last December.

Coakley also held a press conference last week to announce her support for legislation to increase the maximum fine for a corporation convicted of manslaughter from $1,000 to $250,000.

The $1,000 fine was enacted in 1819 and needed to be updated, Coakley said in the Feb. 26 press conference.

If the Legislature approves the change in law, it would not apply retroactively to the Life Care case.

But Alderman questioned the timing Coakley’s press conference, a week and a half before the start of the trial.

“The timing was rather odd for this announcement with the upcoming trial,” said Alderman. “We believe the people of the great commonwealth have to ask themselves the question ‘What’s motivating the attorney general and who stands to benefit from the case?’”

Pierre denied any connection in the timing of Coakley’s announcement and the start of the Life Care trial.

“I can say there’s no correlation between when the case is starting and our announcement,” he said. “We felt the law needed updating and we felt this was a good place to start.”

Life Care Center faces manslaughter trial date - Acton, MA - The Beacon

Prisons vs Nursing Homes

prisons vs Nursing Homes

Hippa Form for Medical Records - Free Download

Down load free Hippa form to get your Nursing Home Records
Hippa Form Medical Records

Proposals to curb nursing home abuse faltering in Kentucky

Two proposals aimed at preventing and investigating abuse of nursing home patients appear to be dead or stalled in the ongoing state legislative session, according to their sponsors.

In Kentucky, nursing home deaths from neglect and abuse often aren't criminally prosecuted because the coroner isn't called to investigate. But a bill that would require Kentucky nursing homes to report all deaths to the local coroner will not go forward this session because of opposition, its sponsor said.

Rep. Tom Burch, D-Louisville, said he won't call House Bill 69 for a vote in his House Health and Welfare Committee, citing opposition from the nursing home industry and budget concerns from the state's chief medical examiner, Tracey Corey.

Corey has said she would need to hire three medical examiners and support staff to handle the additional death investigations that could result from calling coroners after each nursing home death.

Burch said he tried to compromise with nursing home industry leaders with no success

Read more: http://www.kentucky.com/2011/02/19/1641282/proposals-to-curb-nursing-home.html#ixzz1EVESwRGiProposals to curb nursing home abuse faltering in Frankfort | Voiceless & Vulnerable: Nursing Home Abuse | Kentucky.com