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.

 


 

New addition to CMS website

Mcknight's had a recent article about the changes to the CMS ranking website.  The Centers for Medicare & Medicaid Services has announced a number of updates to its Web site. These include new information about the Five-Star rating system for nursing homes, which became available Thursday, May 28.

Five-Star provider preview reports were released May 20. Nursing home providers can access that information through the Minimum Data Set (MDS) State Welcome pages that are available at the state servers for the submission of MDS data, according to CMS.

May's Five-Star data was added to the Nursing Home Compare Web site on May 28. For more information, visit www.medicare.gov/NHcompare.

CMS has also updated the information under its FAQ section of the Recovery Audit Contractor (RAC) portion of its Web site. On May 19, CMS added answers to questions such as "Why is CMS using recovery audit contractors?" and "Who should providers contact with questions concerning recovery audit contractor communications?" For more information, visit www.cms.hhs.gov/RAC.

 

Nursing home staffing an issue in KY Governor debate

Staffing became an issue in the recent Kentucky Governor's race.  Democrat Steve Beshear said that Kentucky needs to consider requiring minimum staffing levels at nursing homes, but Gov. Ernie Fletcher said the corporate owners should be allowed to determine how many nurses they hire.

Last night, Beshear said Fletcher's administration has failed to protect seniors, citing a news story that indicated the number of citations for nursing homes has declined since the Republican became governor in 2003.

"We don't have enough inspectors to go and enforce" laws that apply to nursing homes, said Beshear, a Democrat.

"I think it's time to look at minimum staffing numbers," he said. "We've got to make sure the profit motive doesn't interfere with the care motive."

Fletcher said the state doesn't need to set minimum numbers of nurses for nursing homes saying that the state can ensure adequate care in other ways.

"We've closed nursing homes that needed to be closed," he said.

See article here.

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...