Nursing Home Abuse: Employee Arrested for Health Care Fraud

As nursing home abuse lawyers, we write about the many different forms of nursing home abuse in order to bring awareness to this serious issue. Most nursing home abuse cases are about abuse of power, whether that is through physical or mental terrorizing or stealing money from the patients or the facility.

Facility Administrator Received Money for False Transport Claims

new jersey philadelphia nursing home abuse lawyers employee arrested sugar land texasKelvin Washington, 47, who works as an administrator at a Sugar Land nursing home in Texas, was arrested on August 4, 2011 and is being charged with conspiracy, health care fraud and violations of the anti-kickback statute. He is being accused of creating a plan where he billed federal health care programs for ambulance transport and received payments totaling approximately $20,000 for referring the dialysis patients to a Houston ambulance transport service between 2003 and 2007. He allegedly conspired to have unknowing doctors sign transport prescriptions for patients who were never even admitted to the nursing home. Medicare and Medicaid were billed almost $1 million in false health care claims. The maximum penalties for a violation of the health care fraud statue in Texas is a maximum of 10 years in prison. The maximum sentence for a violation of the conspiracy statue or the anti-kickback statute is five years. Each of the 10 counts charged also carry a maximum $250,000 fine as punishment upon conviction.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you have witnessed any questionable or abusive behavior in a nursing home, directed towards your loved one or even another resident, 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.

Nursing Home Neglect Leads to Civil Complaint for Fraud

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.

new jersey philadelphia nursing home neglect lawyers Villaspring Health Care Rehabilitation complaintsAccording 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.

Nursing Home Abuse Can Occur Through Chemical Restraint

According to a report recently released by the Department of Health and Human Services, 14% of the 2.1 million elderly nursing home patients, during the first 6 months of 2007, were being prescribed at least one atypical anti-psychotic drug. It was found that over half of that 14% were prescribed the drugs for dementia alone. The anti-psychotics, including Seroquel, Zyprexa, and Risperadal, have NOT been approved for use in the treatment of dementia. In fact, the FDA has indicated that not only do these drugs offer no benefits to dementia patients, they actually can cause life threatening side effects. This undoubtedly a form of nursing home abuse.

Nursing Home Abuse via Chemical Restraint Is an Easy Form of Control

new jersey philadelphia nursing home abuse lawyers Chemical RestraintIt seems that the drugs are being used as chemical restraints; a way to sedate patients so that they require less attention. As an added “bonus,” the home can end up making a large profit from this practice. Due to medicaid reimbursements, the home is making money on every patient they wrongfully sedate with anti-psychotic drugs.

Nursing homes get paid a lot of money to care for your loved ones. Most of the time, they drain your loved one of all of their resources, perhaps even some of yours, and then continue to collect insurance payments. These costs should afford our elderly and sick population good, dedicated, and attentive care. The misuse of anti-psychotic drugs to restrain patients is depraved. Safeguards need to be put into place to make sure that such prescription drug abuse is not occurring.

Nursing Home Abuse Lawyers Are Here to Help

If your loved one is being given atypical anti-psychotic drugs to “help with dementia“, you are witnessing nursing home abuse or neglect. You should discuss this issue with the staff at the nursing home and, if you aren’t completely satisfied with the responses you are receiving, 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, and (215) 567-2380 in Philadelphia.
Our lawyers are dedicated to eradicating the disturbing trends of nursing home abuse in long term care facilities throughout the nation.

Birth Injury Reduction Earns Award for Texas Medical Network

new jersey philadelphia birth injury attorneys award texas medical networkThe state of Texas has recently awarded Seton Hospitals with the first annual “Quality Award” for their extremely successful push to reduce birth injuries. Seton was the only hospital in the state to receive the award.

The Texas Health and Human Services Commission presented Seton with the award after the family of hospitals reported the lowest birth injury rate in the nation. Seton stated that their efforts to reduce birth trauma included limited use of forceps and vacuum extractors, as well as limiting elective inductions before 39 weeks.

In 2003, Seton Hospitals reported 3 birth injuries per 1,000 live births. In 2007, the rate had fallen to .2 birth injuries per 1,000 live births. The commission confirms that Seton’s success continues.

Health and Human Services Commissioner Thomas Suehs (left) commented on Seton and their accomplishment:

“We’re proud to recognize Seton for this accomplishment because it shows how good medicine is also good public policy. This initiative leads to healthier babies, and it also saves money for taxpayers by reducing the number of Medicaid births with complications.”

Of the award, commission spokeswoman Stephanie Goodman said:

“It’s a way for us to highlight best practices that we’d like to see replicated across the state.”

Birth Injury Attorneys in New Jersey and Philadelphia

If your child is a victim of a birth injury that you believe was caused by medical malpractice or delivery room negligence, contact the Mininno Law Office for a free case evaluation. If you have any questions regarding your legal rights, feel free to call (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Averted by New Medication Management System

medical malpractice and negligence attorneys in nj and paMedical Malpractice in the form of medication errors has met a fierce contender in CareFusion’s Pyxis Medication Management System. CareFusion is a leading supplier of medical devices globally and, next week, will highlight their Pyxis medication management sytem at the 45th Midyear Clinical Meeting and Exhibition of the American Society of Health-System Pharmacists (ASHP) in Anaheim, California.

Medical Malpractive vs. Pyxis Medication Management

The new Pyxis technology has helped hospitals who have utilized the system reduce medicinal errors by up to 33%. One 300 bed facility was able to cut medicinal errors by 93%! The technology works by simplifying the process of medication and supply management between hospital and patient. It also provides support for caregivers when it comes to prescription decisions. The Pyxis system helps facilities save time and money, while improving the quality of patient care.

Medical Malpractice Consequences

Approximately 1.5 million Americans suffer from a medication error every year. Of that 1.5 million, 7,000 will die. In addition to the cost of human life, the financial cost of medical errors is staggering at $3.5 billion in annual costs to the national health care system. Medicare and Medicaid are instituting new payment models, limiting cost reimbursements to facilities with poor histories regarding medication management.

Medical Malpractice Attorneys in New Jersey and Philadlephia

It’s a good sign that steps are being taken to reduce medicinal errors. It’s an even better sign that steps are being taken to enstate monetary punishments for those facilities that fail to meet certain standards regarding medicinal errors. Medical malpractice and negligence can seriousley injure or even kill patients. If you or a loved one have been negatively affected by medical malpractice by a surgeon, physician, or specialist, 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.

Let the Mininno Law Office Team earn you the compensation you need and deserve.

Medicare Fraud? Tips on How You Can Tell

Medicare and Medicaid services were created to help the elderly and or those with disabilities or certain other medical conditions be able to better afford medical coverage in order to pay for supplies, medical care, treatments, doctor’s visits and much more. This all seems like a good idea if it works the way it should and benefits those it is suppose to. Unfortunately though, there have been more and more cases of Medicare and Medicaid fraud and people are getting sneaky about how they get around the rules. Billing Medicare for services that were not received or provided can cost taxpayers millions of dollars each year and it also hurts those people that really need the medical care and services by causing them to pay more. To help avoid being a victim of Medicare Fraud use the following helpful detection tips. These tips include:

  • Be suspicious if a test is free and if a provider only needs your Medicare information for their records.
  •  Be aware if Medicare wants you to have a certain item or service.
  • Be cautious if the provider knows how to get Medicare to pay for an item or service
  • Be on the look out for provider that offer many tests at cheaper or discounted prices
  • Be careful if the equipment or service is free or you are offered a gift for the service

 

It is also important to know what services and equipment or medical supplies you are entitled to and report or question anything that seems out of the ordinary. As a general rule do not give out your Medicare health insurance claim number expect to your doctor or Medicare provider.

It is unfortunate that many people will try to scam those in need out of services and medical supplies for their own personal gain. It is good to know though that you can do something to help stop cases of fraud.

For additional information on Medicare fraud and prevention, you may visit:

http://www.medicare.gov/Fraudabuse/Tips.asp

If you or a loved one feel you have been a victim of Medicare fraud, please contact a  whistleblower attorney right away. They can help your case to be heard and make sure you get the care you deserve.

Support is Gaining for Health Care Reform, but will it really benefit everyone?

According to an Associated Press poll today, October 7, 2009, the country is spilt forty-forty about whether or not to oppose or support the new health legislation. This includes more seniors supporting the health legislation than back in September. This is very good news for many people, after all, having health coverage for everyone is a great plan, but will it really benefit everyone. The money to provide everyone with health care coverage has to come from somewhere and it means that programs such as Medicare and Medicare and long term care facilities services will be cut to help provide these services as well as cuts being made from many other programs that allow seniors and other people proper medical care and training which helps to prevent abuse. The president’s intentions seem to be great but is the whole picture being looked at? Health care coverage for everyone is not the only thing at stake. People getting proper medical care and services is also at stake. Taking services from people that really need them in order to make sure everyone has coverage seems like a contradiction. Everyone having medical coverage should mean that more services and opportunities are provided, but instead they are being cut and taken away from people that really need them. This means more injuries and abuse if the proper care is not provided. The president wants programs that prevent sickness and illness yet cuts are being made to the services already provided, that just seems wrong. This plan is a good idea, but if you say it will benefit everyone than it really should, and right now it is clear that it will not.

For additional information on the new health care reform poll, you may visit: http://news.yahoo.com/s/ap/20091007/ap_on_bi_ge/us_ap_poll_health_care

If you feel that you or a loved one is not getting the proper medical care or treatment, please call, a medical malpractice lawyer right away. They will help you advocate your case and get you the good medical care you deserve.

New Jersey Senator Lends an Ear to the Victims of Insurance Company Tactics

“As far as Kia Moore is concerned, the health insurance system miserably failed her and her 20-month-old son. Xavier Hylton was born at Our Lady of Lourdes Medical Center in Camden with two malfunctioning kidneys and requires daily dialysis treatments as he awaits a transplant. He had grown enough to medically qualify for that transplant by March, but Moore said the procedure was delayed at least six months by a struggle over insurance coverage. Today, she said, her son should already have a functioning kidney and be on his way to living a near-normal life.” (Maryann Spoto, The Star-Ledger)

Last week, citizens of New Jersey who have fallen victim to the ruthless tactics of insurance companies were given time to fume their anger to US Senator Bob Menendez. The stories Senator Menendez would hear would appall him, and only add to his arsenal to bring to Washington with the hopes of sparking health care reform. Although invited, no representatives from the insurance agencies were present for the meeting.

“It’s no secret to anyone that our health care system is badly in need of reform,” Menendez said. “There are few things more important to the families in this state than fixing it, making sure in this great nation of ours that no one goes to sleep without health coverage, that no one has to choose between paying for heat in the winter and paying for medication that keeps them alive.”

Senator Menendez called the meeting in light of a new health care system proposal authored by Senator Max Baucus of Montana. Central to the Baucus proposal is the creation of a Health Care Exchange composed of a nationwide group of private insurance companies that would be prohibited from discriminating against pre-existing conditions.

Currently, under the existing set up, patients who visit emergency rooms due to lack of coverage end up being burdens of the tax payer. In Camden alone, more tha $460 million has been spent over the past five years on charity cases. Because the proposal would require every resident to obtain health insurance, it also provides for federal subsidies for families and small businesses unable to afford coverage through the exchange.

This new proposal has received the plaudits of Jeffery Brenner, a local Camden physician. Brenner advocates a system that brings those emergency room patients into the system for follow-ups so they can receive the appropriate care and are less of a financial drain on the system.

“Somehow we lost sight of the fact that the purpose of the home-care delivery system is to heal the sick, care for wounded and prevent illness,” he said. “It’s not to make physicians wealthy or pharmaceutical representatives wealthy or stockholders or insurance companies wealthy. The patient should be at the center of the system and indeed should be our top priority.”

Until serious reform has occurred however, the best ally a patient can have when dealing with their insurance carrier is an experienced attorney.

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