The U.S. Attorney’s Office filed a civil complaint this month alleging that Villaspring Health Care and Rehabilitation in Erlanger, Kentucky provided “worthless services” that resulted in the death of numerous residents. The complaint claims that Medicare and Medicaid were billed for services by the home that were so “inadequate that they were essentially worthless.” This is the first case of its kind in Kentucky, where the state is accusing a nursing home facility of defrauding Medicare and Medicaid for submitting bills for poor care. The nursing home neglect became so bad at the facility that the government took legal action.
According to the complaint, from 2004 to 2008, many of the facility’s residents suffered injuries, and five patients died during that time. The poor care in question involved failure to follow physicians orders, failure to treat wounds and bed sores, failure to update resident care plans, and failure to monitor the blood sugar levels of diabetic residents.
The home is also being accused of violating the federal False Claims Act, committing common law fraud, and unjust enrichment. If the home, their parent company Carespring Health Care Management, and its owner are found liable for the fraud, the defendants would be have to pay between $5,500 to $11,000 per false claim and would have to repay Medicare and Medicaid three times the amount of the government’s loss.
Parent Company Releases Statement Defending Facility
Carespring Health Care Management released a statement about the charges and alleged nursing home neglect, saying:
“This stems from an allegation that is 6 years old. The Kentucky Attorney General has already investigated this thoroughly and closed the case without bringing any charges. The Centers for Medicare and Medicaid Services, and the Kentucky Office of the Inspector General, have also looked into these allegations and were satisfied with and accepted Villaspring’s response. We do not feel that the government’s case has any merit and we will defend ourselves vigorously. The Federal Government is alleging we didn’t provide services that we did in fact provide. Villaspring has consistently provided high quality care to the Resident’s of Kenton County and looks forward to doing so in the future.”
Nursing Home Neglect Lawyers in New Jersey and Philadelphia
If your loved one is currently a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Right now, Kentucky state law only requires nursing homes and long-term care facilities to conduct name-based background checks for prospective direct care employees. With the grant and the new digital fingerprint scanning equipment, more in-depth criminal background checks will be available. Kentucky state law also does not order that the employees submit fingerprint checks, but the facilities will be expected to voluntarily participate in the grant program and officials are expecting high involvement. According to the Cabinet for Health and Family Services spokeswoman Jill Midkiff, the cabinet intends to pursue legislation that would require the fingerprint checks for caregivers employed in long-term care facilities.
Many nursing home residents have physical and psychological disabilities that make caring for themselves difficult or impossible. These residents need the staff to be attentive to thinks like oral care in order to prevent the physical complications that can result. Eating less and losing weight is one problem associated with poor dental care, something that can cause severe problems in the elderly.