CNA Guilty in Abuse Case

KansasCity.com had an article reporting the guilty plea of one of two women accused of physically and sexually humiliating nursing home residents for months in Albert Lea, Minn., to three of the charges against her in a case that has heightened attention to how aides are chosen and supervised.  Brianna Broitzman was an aide at Good Samaritan, the nursing home that was the focus of state investigations and widespread publicity about the case in early 2008.  Her guilty plea covers gross-misdemeanor disorderly conduct involving three victims.

The charges against Broitzman said she admitted to police that she poked one resident in the breast. The teens who were implicated accused Broitzman of numerous other actions, including spitting in a resident's mouth, jabbing the breasts of several residents and putting "her bare butt" on a resident's face.

According to the complaint against Larson, she admitted to police that she inserted her finger into the rectum of a resident. She said she was trying to trigger a bowel movement but acknowledged that this was not part of her training. The complaint said she also acknowledged getting into bed with a resident and making a humping motion, patting the buttocks of one resident and trying to get another angry and then laughing at her.

The allegations became public in August 2008, when state Health Department inspectors concluded that aides, to make their work "fun," had abused 15 residents suffering from Alzheimer's and other forms of dementia. The state said some of the residents were combative, easily agitated or blind.

Six aides, high school friends at the time, were charged - Broitzman and Ashton Larson as adults and the four others as juveniles who were found responsible for not reporting the abuse as required by state law. The women were accused of abusing seven residents who suffered from dementia.

Sexual abuse cases in nursing homes during the 1980s and '90s led to laws requiring reports of suspected abuse and criminal background checks of those who work with vulnerable adults.

Broitzman will be sentenced in Freeborn County District Court on Oct. 22.  A presentence investigation recommends that Broitzman spend up to a year in jail, pay a $3,000 fine or spend two years on probation.

The case against Larson, 20, another former aide at the Good Samaritan nursing home, is proceeding toward trial. Broitzman and Larson were charged with fifth-degree assault, abuse of a vulnerable adult by a caregiver, abuse of a vulnerable adult with sexual contact, disorderly conduct and failing to report suspected maltreatment. All are gross misdemeanors.

 


 

Guilty Plea on Medicaid Fraud Charges

New Jersey Newsroom had an article about nursing home operator Victor Napenas pleading guilty to Medicaid Fraud.  Napenas owned Valley Rest Nursing Home in New Jersey.  A state investigation discovered that he billed the Medicaid program for $302,877 in improper and unsubstantiated costs, including more than $100,000 in personal expenses.  The investigation began when state Department of Health and Senior Services (DHSS) surveyors noted severe deficiencies in the care delivered to residents.  The investigation discovered that the cost report included at least $302,877 in improper charges, including personal expenses and other amounts Napenas could not document or prove were spent for patient care.  Napenas issued business credit cards to himself and his wife through the nursing home, which they used for personal purchases, including trips to the Philippines, dance lessons and large family dinners. Napenas had those credit card charges and other personal expenses totaling more than $100,000 inserted into the cost report, resulting in reimbursement from Medicaid.

In pleading guilty, Napenas admitted that he fraudulently obtained payment from Medicaid for personal expenses unrelated to patient care. Prosecutors will recommend that Napenas be sentenced to only 90 days in a county jail as a condition of three years of probation. He must pay $302,877 in restitution to the Medicaid program, $45,263 in penalties, and $31,859 in provider taxes owed to the state. He will be prohibited from acting as a Medicaid provider for eight years.   Why should he ever be allowed to be a health care provider?

 

Another CNA guilty of rape

The Berkshire Eagle reported in an article that another nursing home employee was guilty of raping a resident.  Sean P. Murphy pleaded guilty in Berkshire Superior Court to raping a 74-year-old woman at a local nursing and rehabilitation center.  The Boston Herald had details regarding the sentencing here.

Murphy was arrested on July 4, 2008, following an investigation while he was employed at Hillcrest Commons where the incident took place.  The victim told law enforcement officers that Murphy had sexually assaulted her when he came in her room at night to examine her. Nurses discovered a used condom in the victim's room.

He originally refused the officers' request to provide a DNA sample. But after he was arrested, Murphy consented to giving a DNA sample after the officers said they could obtain a court order for one.   Murphy was sentenced to 7 to 10 years by a judge who said he considered the punishment too lenient.

 

Two managers plead guilty to embezzlement

The Buffalo News had an article about nursing home employees embezzling money that should have gone to the resident's care.   Mary Blenker is the second employee of the Absolut nursing and rehabilitation complex in Orchard Park to plead guilty to corporate embezzlement.

Blenker admitted to stealing $13,402 from the disbursement funds she managed for the company’s adult living community and its nursing home from January 2007 until 13 months ago.  Blenker pleaded guilty to felony grand larceny and misdemeanor attempted grand larceny for the thefts before a grand jury reviewed her case.

Blenker, a former administrative assistant for financial affairs at the nursing home complex, was forced to sign confessions of judgment and must make complete restitution.

Rhonda Skiver, Absolut’s former chief financial officer, faces sentencing on her Feb. 19 guilty plea to embezzling more than $163,000 between December 2005 and April 2009.

 

CNA sentenced for molestation

The Honolulu Advertiser had an article about the sentencing of CNA Mark Genetiano  He was
sentenced to only a year in prison and five years of probation for molesting four helpless elderly women in a retirement home. Genetiano pleaded guilty to six counts of third-degree sex assault, admitting that he assaulted two of the victims twice while working at the Kāhala Nui retirement home.

The victims ranged in age from 89 to 92 when the crimes took place in May and June of last
year. All four women suffered from Alzheimer's disease or dementia and were "mentally defective, mentally incapacitated or physically helpless," prosecutors said.

According to a police report, three of Genetiano's co-workers reported that he pinched the
patients' breasts while they were changing clothes or in the bathroom. The co-workers said the women tried to fend him off by waving their arms and yelling at him to stop and that Genetiano laughed at them.  How do you properly compensate someone for that kind of experience?

In a somewhat related article in the Honolulu Advertiser, the authors discuss the lack of liability insurance among nursing homes in Hawaii.  This is common in the vast majority of states including South Carolina.

Industry officials believe as many as half the roughly 500 licensed care homes in Hawai'i don't carry liability insurance, though no one has reliable data on that.  The percentage probably is much greater among Hawai'i's unlicensed care homes, which industry leaders estimate number anywhere from a few dozen to close to 500.

Liability insurance protects the insured from claims made by others who suffer injury at the business. The breadth of coverage can vary significantly depending on the terms of the policy. But it also provides an avenue for the injured person to seek redress, particularly if the harm is caused by a hazard at the home or negligence.

Without liability insurance, an injured senior would have no recourse to pursue a claim — short of suing the caregiver, a costly and time-consuming process.  States should require nursing homes who accept taxpayer money through Medicare and Medicaid to carry minimum insurance.  A reasonable number would be $1 million per claim or 20% of gross revenue from Medicaid and Medicare.  There should be a reasonable consensus as to a proper amount.

Oregon, for instance, does not require liability insurance for homes with five or fewer residents, a state spokeswoman said, but facilities with six or more that take Medicaid patients must have coverage. In Washington state, all facilities that take Medicaid clients are required to have liability insurance.

Mandating basic coverage also would nullify the unfair advantage care-home operators without insurance have over all the others, according to Medy De Lara, president-elect of the alliance and a care-home owner for 24 years.  A bare-bones policy costs less than $700 per year for an entire facility.

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Plea deal in abuse charge

Kentucky's LEX 18 reported that  a plea deal has been offered to a nurse's aide accused of abusing an elderly patient at a Madison County nursing home.  Amanda Sallee was set to go to trial on wanton neglect and abuse charges on March 15.

Sallee is one of three former nurses aides at Madison Manor Nursing Home in Richmond accused of abusing the late Armeda Thomas. The 84-year-old's granddaughter placed hidden cameras in Thomas' room, fearing Thomas was being neglected by nursing home staff. Sallee is seen on tape eating Thomas' food instead of giving her the meal.

Two other women have pled guilty to similar charges after they were caught on camera taunting and grabbing Thomas around the neck.   Thomas' family is also pursuing civil action in addition to the investigation brought on by the attorney general's office.
 

Guilty pleas for abuse get community service

The Richmond Register had an article about three employees who were arrested, indicted, and plead guilty after a family placed a hidden camera in their mother's room.  Valerie Lamb (one of three employees of Madison Manor nursing home indicted for abuse of a patient) pled guilty in Madison District Court to one count of misdemeanor abuse of an adult.  Judge Earl-Ray Neal accepted the state recommended sentence of a two-year diversion program that includes 50 hours of community service.  Lamb’s community service may not involve work with children, vulnerable adults or any program funded by Medicaid or Medicare, according to the judge’s order. She also must remain drug free and commit no other criminal violation.

Lamb was indicted after the family of Armeda Thomas suspected their loved one was being abused at the nursing home and planted a hidden camera to record her care in August 2008. The indictment accused Lamb of reckless abuse and neglect of an adult by “lifting Thomas by her neck and by highly raising her legs when she performed incontinent changes resulting in pain or injury to Ms. Thomas.”

Another defendant in the case, Jaclyn Dawn VanWinkle of Richmond, also pleaded guilty to misdemeanor charges and received a similar sentence. VanWinkle later was indicted on rape and sodomy charges for allegedly having sex with a 15-year-old boy.

A third defendant in the Madison Manor abuse case, Amanda Sallee of Richmond, is scheduled to stand trial March 15 in Madison Circuit Court on charges of wanton abuse of an adult.  The indictment of Sallee accused her of denying Thomas food between Sept. 1 and Sept. 5, 2008, and eating the meals herself.  Wanton abuse or neglect of an adult is a Class D felony punishable by up to five years in prison if convicted. Reckless abuse or neglect is a Class A misdemeanor punishable by up to a year in jail.

Greedy CEO pleads guilty

The Hartford Courant had an article about another greedy nursing home CEO. The former chief executive of a now defunct nursing home chain pleaded guilty to federal charges that he improperly used money intended for the homes to buy real estate.   Raymond Termini pleaded guilty to conspiracy to commit wire fraud and engaging in unlawful monetary transaction.

Termini stole a $6 million loan for private business transactions, and up to $2 million for sprinklers at the nursing homes instead to buy real estate and other purposes.  Termini was CEO of Middletown-based Haven Healthcare, one of the state's largest nursing home chains before it filed for bankruptcy protection in 2007, operating 27 facilities in five states, including 15 in Connecticut.  Termini agreed to forfeit $500,000.  So he steals millions but he "agreed" to pay a measly half a million. 

"Mr. Termini admitted he made some errors," Keefe said. "Otherwise he did a lot of good for a lot of people in that industry."

 

 

Poliakoff & Associates, P.A., is one of South Carolina’s most respected and distinguished law firms. The Poliakoff firm began nearly 60 years ago by three attorney brothers: Matthew, J. Manning, and Bernard. With a history of believing the justice system...More...