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.
Marisa Robles, 31, faced 92 counts related to theft, fraud and elder abuse and pleaded guilty to 32 counts of fraud and elder abuse this month. Robles used her access to the 81-year-old man’s financial documents to write checks to herself and sign his name. According to Deputy District Attorney Barrie Pink, “She started small to see if she could get away with it,” first forging checks for $500 but then quickly began writing them for larger amounts up to $10,000. Robles stole up to $300,000 from the elderly man.
Even though he is claiming that she died of natural causes, the investigators are saying that she died of starvation while covered in bed sores. The autopsy showed she died of severe pneumonia, malnutrition and possibly dehydration. They are also saying that the house was messy and the only food was two cans in the cabinet. According to her driver’s license, Ms. Rogers weighed 140 pounds, but at the time of her death, she weighed only 70 pounds. The coroner said the bed sores were severe and all over her body and that the sores on her feet meant that she was too weak to move her legs. More than a third of the home’s combined monthly income of $3,500< came from Connie’s social security. According to bank records, that money was usually withdrawn as cash days after it was deposited.
Mr. Rogers may have had good intentions for his mother’s care, but this is no excuse for the severe elder abuse that occurred. Even if she refused to eat or was difficult to care for, he should have known the point where he needed the professional help. There is no record of Ms. Rogers applying for or receiving any Medicare benefits. This means that he did not take advantage of a service that could have improved her condition drastically and allowed her to live much longer.
Mercedes Iverson, 86, died on Thursday, July 14 at the NorthShore University HealthSystem Evanston Hospital after an “assault” by another nursing home resident. Iverson had been a resident of the Maryhaven Nursing and Rehabilitation Center in Glenview, Illinois for fiver years after her daughter, Laurie Iverson, saw that she began showing signs of “advanced Alzheimer’s.” Preliminary reports said Iverson had fallen, but the autopsy revealed that “assault injuries” led to her death. The medical examiner’s office said that her death was caused by craniocerebral injuries from an assault and from heart disease, and ruled the death a homicide. No other details about the incident have been released from the facility or the authorities.
According to the fire department, facility workers wheeled the woman outside daily so she could smoke by the entrance of the building. The residents were allowed to smoke in that area of the nursing home. But it was not required by the home that the residents be supervised while they were smoking. According to Jim Suydam, spokesman for the Texas Veterans Land Board, an entity that runs the El Paso facility, since the woman did not suffer from Alzheimer’s disease, she did not need to be under constant supervision.
Soland was given a criminal neglect charge to for each victimized patient, along with a possession charge for the drug. Soland pleaded guilty in May to one felony theft and criminal neglect charge, and the rest of the charges from the incident were dropped. She was sentenced to 120 days in jail and was credited for 67 days served. She must also complete five years of probation.
A 57-year-old woman was found unresponsive this week outside of the Riverview Nursing Home in Bossier City, Louisiana where she lived. The autopsy has not yet been performed, but Bossier Coroner Dr. John Chandler said there were indications that the death was heat-related. It was 100 degrees with a heat index of 106 degrees in Bossier City on the day the woman was found. She had been missing for several hours before a staff member of the nursing home found her a little after 6 p.m. She was taken to Willis Knighton Pierremont hospital in Shreveport where she was pronounced dead.
85-year old Heartland Health Care Center – Kalamazoo resident, Dollie McGrew died this month when the facility van that was transporting her to a dental appointment at the University of Michigan hit the curb. McGrew was pronounced dead at the scene while the driver of the van was not injured. The details of the incident have not been released, but the driver of the van did have a valid driver’s license and the facility did report the death to the state.
On June 11, 2011 Juan David Hernandez, 28, who is a Colombian citizen and a resident of Florida, was arrested in Vancouver for obstruction of justice after he gave a false name when he was pulled over for an illegal turn by a police officer. According to Vancouver Police Det. Rick Stewart, “When they looked inside the vehicle’s front seat, they saw bags and bags of mail.” The bags were full of letters from all over the world containing checks for $30. After an investigation, they discovered that Hernandez was guilty of 
A brain dysfunction caused Messina to collapse and landed him in and out of hospitals and rehabilitation centers beginning in late August of 2006. Several days after his admission into the hospital, he was diagnosed with bedsores. He began to develop the bedsores at SIUH and Golden Gate Rehabilitation and Health Care Center. Professionals say that Messina’s bed sores worsened until ulcers were developed on his mouth, buttocks, ankles, and genitals. Many of these bed sores had healed by the time he entered Golden Gate Rehabilitation Center. Various health problems sent Messina back and forth between the hospital and the rehab center over the next year. He can no longer walk due to a dislocated hip and he is unable to receive a replacement because of the infection which was caused by the bedsores. The New York Supreme Court jury assigned to this case found SIUH 75% responsible for the developments and complications of the bedsores. Bed sore attorneys say that this means that the hospital is liable for $4 million of the total awarded to Messina.