Articles Posted in Fraud

A recent federal and state report excoriated New York’s handling of complaints against nursing homes and nurses in the state.

An audit by the New York found that the state had failed to properly investigate complaints against nurses. For the cases that are deemed “priority 1” – the most serious which usually involve allegations of sexual misconduct or abuse – New York took an average of 228 days to investigate. State law re

help

quires these investigations to conclude within 10 days of the complaint. In one horrific case, New York failed to sanction, or otherwise discipline a nurse in any way, after she administered an overdose of insulin that nearly killed a patient. In another case, it took New York almost a year-and-a-half to revoke the nursing license from a Bronx nurse who sexually assaulted a patient.

New York performs even worse when factoring in lower-priority complaints against medical care professionals. With over 8,000 complaints lodged between April 2014 and April 2017, more than 2,000 were not performed within the required 180-day time period.

Continue reading

Governor Andrew Cuomo has taken a stand against elder abuse by signing a new law that requires state agencies to develop guidelines to help better identify elder abuse. According to Gov. Cuomo, the new guidelines will be proactive by establishing guidelines to help identify cases of elder abuse, self-neglect and maltreatment and comprehensive by following-up with any at-risk senior citizens. Further, these guidelines will be shared not only with state agencies, but also with healthcare providers who are often in the best position to identify potential elder abuse.

This new law hopes to increase the reporting rate by educating and empowering neutral third-parties that frequently interact with senior citizens in the state – including government agencies, healthcare providers and even banks. According to Assemblywoman Donna Lupardo, sponsor elderly-woman-on-phone-300x200of the bill, involving the healthcare industry will be pivotal in countering “one of the most under-reported crimes” in the nation. Because the doctor-patient relationship generally involves an implicit trust and regular interactions (especially for elderly citizens), Lupardo notes that healthcare providers are in the best position to assess and monitor potential elder abuse. Continue reading

As part of President Trump’s promise to roll-back federal regulations, the Trump administration has announced its intention to scrap a federal rule prohibiting nursing homes from requiring their residents to pursue legal claims through arbitration.

In the simplest terms, arbitration is a catch-all term for a dispute-resolution that, while legally binding, does not utilize the court system. The practice has exploded in popularity in recent decades – especially among larger corporations and nursing homes. These entities prefer arbitration because the costs are generally lower, the dispute resolution process moves much faster than the courts, and parties generally do not have a right to appeal thus providing both parties some finality to their dispwalking-out-300x225ute. Opponents of arbitration say the extra-judicial process favors corporate interests and curtails the rights of victims – from limiting discovery to removing the opportunity to appeal. Further, arbitration also removes the right for a person to have their case heard before a jury, and instead substitutes a so-called “neutral arbitrator.”
Continue reading

As more than 10,000 Americans join the 65-and-over club daily, financial exploitation of the elderly is becoming increasingly more common and states are making moves to protect their senior citizens. Financial abuse, one of the four types of elder abuse (the other three include sexual abuse, physical abuse and emotional abuse) involves the “illegal or improper use of a senior citizen’s funds, property or assets, as well as fraud or identity theft perpetrated against older adults,” according to the National Conference of State Legislatures. Currently 33 states have laws directly addressing financial abuse of the elder – a nine-state increase since 2015.

wallet-300x225Advocates say that the largest problem with prosecuting financial abuse of the elderly is that it often goes unreported. First, many elderly victims do not even know that a crime has been committed. For example, Mariana Cooper, an elderly widow living by herself, gave a $217,000 loan to a woman who had slyly gained her trust. It was not until six months after she realized she was not going to be repaid that Ms. Cooper alerted the police. Even then, Ms. Cooper only filed a report at the urging of her daughter who, again, only found out until six months after-the-fact. Telling her story to the New York Times, she said she felt because she freely gave the money away that no crime had been committed and she was too ashamed to tell her family how she had been cruelly defrauded.

Continue reading

With toothless regulations and ineffective oversight, many nursing homes are still failing the neediest patients. With its budget for overseeing nursing homes slashed in half, the Center for Medicare and Medicaid Services (CMS) has failed to identify failing nursing homes and keep them accountable. As a consequence, some nursing homes are choosing to accept the infrequent fines instead of changing their behavior.

helpCMS is responsible for overseeing all nursing homes that receive benefits from these federal entitlement programs. CMS routinely inspects nursing homes for any violations, if a violation is found, then CMS has two options. First, CMS can put the facility on “special focus” status – reserved for the worst offenders. A nursing home with this designation would be routinely inspected more often and, supposedly, would be punished more severely for any violations. Unfortunately, federal budget cuts have blunted the amount of nursing homes that can be put under “special focus.” Since 2012, the budget for inspecting facilities with this designation has dropped by half. Consequently, despite regulators identifying 435 facilities that warranted this designation, only 88 nursing homes were actually put on the watchlist. Further, once a Continue reading

physical-abuse-300x169A Berkshires caretaker has been charged with elder abuse after an 84-year-old man told hospital staff that his two broken ribs were caused by being “thrown around like a rag doll.” The 52-year-old man, Anthony Marcella II, was arraigned in Central Berkshire District Court on charges of assault and battery on a person over 60 or disabled, witness intimidation, caretaker abuse of an elder, and caretaker abuse of an elder causing serious bodily harm. Marcella has pleaded not-guilty to all charges and was released on a bail.

On May 22 or 23, Marcella was allegedly “rough” when picking up the elderly victim (whose name is not provided) after he fell down. According to court documents, Marcella squeezed him in an aggressive manner and proceeded to throw him around “like a rag doll.” The elderly victim suffered two broken ribs as a result of his caretaker’s abusive treatment. Continue reading

New York Attorney General Eric Schneiderman announced that Channel Francis had been indicted for five felonies relating to allegations that she assumed the identities of three nursing home patients and illegally used their credit cards.

Schneiderman alleges that Francis obtained the information from residents of the Parker Jewish Institute for Health Care and Rehabilitation in Queens, New York around September 2013. According to Schneiderman, Francis then added herself as an authorized user on credit cards that were owned by the residents and proceeded to purchase iPads, computers, televisions, and designer purses on the three victims’ credit cards – spending between $3,000 and $4,700 on each of the resident’s credit cards. After being tipped off by the victim’ relatives of the unauthorized charges, the New York City Police Department opened an investigation into the elder abuse matter.

Continue reading

Long-Term Care Facilities are becoming a more lucrative business in America as the country’s CEO’s compensation continue their upward trend. In 2016, the average salary for CEO’s jumped to $465,875 according to a report by The Hospital & Healthcare Compensation Service. Compared to an average salary of $441,604 in 2015, this represents a 5.4 percent increase in salaries.

This increase average CEO salary of “long-term care systems” is also in-line with large year-end bonuses. In 2015, the average bonus was a very comfortable $175,000. For 2016, this number was a relatively smaller (but substantial, nonetheless) amount of $92,730.

Pay grade, predictably, varied by the size of the hospice provider. For hospices with less than $100 million in annual revenue, the average CEO’s compensation was almost $370,000. For larger providers, with annual revenues over $1 billion, the average CEO compensation jumped to $823,000.

Continue reading

New York Attorney General Eric Schneiderman announced that Channel Francis had been indicted for five felonies relating to allegations that she assumed the identities of three nursing home patients and illegally used their credit cards.

Schneiderman charges that Francis obtained the information from residents of the Parker Jewish Institute for Health Care and Rehabilitation in Queens, New York around September 2013. According to Schneiderman, Francis then added herself as an authorized user on credit cards that were owned by the residents and proceeded to purchase iPads, computers, televisions, and designer purses on the three victims’ credit cards – spending between $3,000 and $4,700 on each of the resident’s credit cards. After being tipped off by the victim’ relatives of the unauthorized charges, the New York City Police Department opened an investigation into the matter.

Continue reading

On October 18, 2016, six individuals were arrested in New York for  exploiting the financial vulnerability of nursing home residents; defendants are from Bronx, New York, Queens and Suffolk Counties. The five New York City defendants stole personal identity information from residents in order to secure cash or credit they were not entitled to; and the defendant from Suffolk County stole a necklace from a 95 year old female resident. Attorney General Eric T. Schneiderman stated it is “reprehensible for caregivers to steal from defenseless residents in order to line their own pockets.” He continued to say his office will not tolerate financial exploitation and will vigilantly work to ensure nursing home resident’s personal and financial information is protected.  The six cases are summarized below:

  1. Diana English, Director of Social Services at Far Rockaway Nursing Home in Queens – Allegedly removed an elderly resident from the home and took him to his bank to withdraw money without the required medical clearance on June 24, 2015. The resident withdrew $500 from his account and gave it to the director; this occurred several times. The resident passed away the following month; English accessed his account with his PIN number and stole $1,200 from his account. The resident suffered from an anxiety disorder, physical issues due to hip replacement surgery, short and long term memory deficits , cognitive deficits and was unable to care for himself. She was arraigned in New York City Criminal Court – Queens County and is being charged with Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, Grand Larceny in the Fourth Degree, and Falsifying Business Records in the First Degree.
  2. Sandra Rivera-Tapia, Director of Social Work at Holliswood Center for Rehabilitation and Healthcare in Queens – Allegedly obtained a resident’s ATM card and PIN number and stole $7,418 from the account. The money was acquired by making several cash withdrawals from various ATM’s in her neighborhood and throughout New York City, as well as store purchases on the card. The resident suffered from schizoaffective disorder, obsessive compulsive disorder, sublaxation of the right hip, chronic kidney disease, diabetes and hypertension and was unable to care for himself. She was arraigned in New York City Criminal Court – Queens county and charged with two counts of Grand Larceny in the Third Degree, Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, and Unlawful Possession of Personal Identification Information in the Third Degree.
Contact Information