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7.4. SR 12-17-2018 ��i Eof lk — - Request for Action River To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date Prepared by Public Hearinj December 17, 2018 Zack Carlton,Planning Manager Item Description Reviewed by Conditional Use Permit: Institutional Use, ResCare Chris Leeseberg, Senior Planner MN—633 Upland Ave Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion,the Conditional Use Permit authorizing establishment of an Institutional Use at 633 Upland Ave NW,with the following conditions: 1. A copy of the Intensive Residential Treatment Services (IRTS) License from the State of Minnesota must be submitted to the city. 2. The SAC/WAC Units will be reviewed to decide if additional fees will need to be paid based on the change in use. Fees will be due before issuance of a building permit. 3. A designated smoking area outside of the building must be identified on the site plans. Background/Discussion ResCare Minnesota is proposing to convert the former Masonic Lodge building at 633 Upland Ave NW to an Intensive Residential Treatment Services (IRTS) facility. The Minnesota Department of Human Services defines IRTS facilities as: time-limited mental bealtb , services provided in a residential setting. Recpients of IRTS are in need of more restrictive settings (versus community settings and are at risk of significant U ca 33 functional deterioration if tbeg do not receive these services. IRTS are designed to develop and enbance:p ycbiatric stability,personal and emotional adjustment, self-sufciengg, and skills to live in a more independent setting. x RR The use complies with the ordinance definition of an Institutional Use as it is a health care facility offering principally inpatient care. Hwy io • The applicant's narrative states the average stay at the facility will CR 12 range from 60 to 90 days. The property is located in the R-1c zoning district which allows Institutional Uses as a Conditional Use. Planning Commission �P The Commission asked the applicant and their representatives about �"y frequency of emergency responses,the types of patients being treated,and whether or not patients are required to remain at the facility. Figure I The Elk River Vision A welcoming community witb revolutionary and spirited resourcefulness, exceptional P U W E H E o s r service, and community engagement that encourages and inspires prosperity /` UR The applicant and their representatives addressed the Commission's concerns and provided the following additional information regarding ResCare's background, operations,and the patients: ■ ResCare is a transitional care facility for patients returning to the community after having received hospital-based treatment. ■ Staff are trained as first responders and equipped to handle emergency situations. ■ Calls for emergency responses vary,but according to ResCare representatives it has not been an issue in the past. Patients are continually monitored and evaluated for concerns that may need to be addressed in a hospital setting. ■ Patients are treated for a variety of emotional conditions and psychiatric disorders regarding their thoughts,which may include suicidal or confused thinking,which can prevent them from functioning in the community in a positive way. The patient's goal is to regain skills and receive support to return to independent living. ■ Patients can come and go as they please from the facility, but they typically stay on site because of a lack of public transportation services. Mary Jo Cobb, Sherburne County Director of Health and Human Services spoke in support of the project. She described the need for this type of facility in Elk River and noted that patients in need of this type of care sometimes have to travel long distances for a facility to help them get well. Public Comments One resident spoke during the public hearing. She is concerned about safety in her neighborhood as a result of this facility. She stated that her children regularly bike past the facility and is concerned about their safety. She is opposed to the proposed facility in her neighborhood. Staff has also received two phone calls from residents with concerns about safety in the neighborhood if this facility is approved. Recommendation The Commission unanimously recommended approval of the Conditional Use Permit to operate an Institutional Use at 633 Upland Ave. Financial Impact None Attachments ■ Planning Commission Packet dated November 27, 2018 N:\Public Bodies\Agenda Packets\12-17-2018\Final\7.4 sr ResCare CC Memo 12-17-2018.docx Elk -�-� Request for Action River - To Item Number Planning Commission 4.3 Agenda Section Meeting Date Prepared by Public Hearings November 27, 2018 Zack Carlton, Planning Manager Item Description Reviewed by ResCare Minnesota—633 Upland Avenue NW, Chris Leeseberg, Senior Planner Case No. Cu 18-19 Reviewed by ■ Conditional Use Permit to operate an Institutional Use Action Requested Recommend, by motion, approval of the Conditional Use Permit (CUP) to operate an Institutional Use at 633 Upland Avenue,with the following condition: 1. A copy of the Intensive Residential Treatment Services (IRTS) License from the State of MN must be submitted to the city. 2. The SAC/WAC Units will be reassessed in order to decide if an additional WAC Fee will need to be paid based on the change in use. 3. Smoking shall not be allowed in the building, and a designated smoking area outside of the building must be identified on the site plans. Background/Discussion The applicant,ResCare Minnesota,is proposing to convert the former masonic lodge building at 633 Upland Ave NW to an - intensive residential treatment services (IRTS) facility. The MN ti Department of Human Services defines IRTS facilities as: "time- limited mental health services provided in a residential setting. _ Recipients of IRTS are in need of more restrictive settings (versus crt a3 community settings) and at risk of significant functional ` ( deterioration if they do not receive these services. IRTS are designed to develop and enhance: psychiatric stability,personal and ---- emotional adjustment, self-sufficiency, and skills to live in a more independent setting." Hwy 10 The use complies with the ordinance definition of an Institutional CR 12 Use as it is a health care facility offering principally inpatient care. The applicant's narrative states the average stay at the facility will range from sixty to ninety days. The property is located in the R-1c zoning district which allows Institutional Uses as a Conditional Use. Proposed Facility/Operation The proposal shows a complete interior remodel of the existing building. The facility will allow for 16 residents (patients) at a time— Flgure I The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity P a w E a € o s r IrmAWR plans show additional beds, but these will be used for transitions between patients. No exterior changes are proposed at this time. The facility will operate 24/7 year round. The facility is expected to employ 20 full-time employees and coverage typically includes 3-7 employees per shift. Comprehensive Plan The site is guided for urban residential uses and the proposed use is consistent with the residential uses identified in the zoning code. The project is consistent with the Comprehensive Plan. Site Plan Plans show one entrance/exit on the east side of the parking lot with access to Upland Ave NW. There are 26 parking stalls identified, and 15 are required per city ordinance—one per two beds (8) and one for each employee on the major shift (7). The parking plan should be modified to account for the tight angle in the southeast corner of the parking lot. Additional impervious surfaces are not proposed. Landscaping The property includes mature trees on the three sides abutting residential properties. Credit given for existing trees satisfies the landscape ordinance. Applicable Regulation In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Vill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. The proposed use is self-contained,regulated by the State of MN, does not generate significant traffic, and does not appear to pose a security threat to nearby residents. The site is adjacent to Highway 10 with access to a signalized intersection and any traffic generated by the use will likely utilize this intersection. For these reasons, along with the extensive screening, the use is not expected to detrimentally affect the use and enjoyment of the other properties in the area. Staff does not see a need to impose specific conditions to satisfy this standard. 2. Vill be consistent with the comprehensive plan. The parcel and surrounding area are guided for residential uses. The use is consistent with our residential zoning ordinance and is consistent with the Comprehensive Plan. Staff does not see a need to impose specific conditions to satisfy this standard. N:\Departments\Community Development\Planning\Case FUes\CUP\CU 18-19 ResCareMN\4-Planning Commission\4.3 sr Res Care 11-27- 2018.docx 3. Will not impede the normal and orderly development and improvement of surrounding vacantproperty. Surrounding properties are fully developed and use will not impede the normal and orderly development and improvement of surrounding properties. Staff does not see a need to impose specific conditions to satisfy this standard. 4. Wlill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and server systems,parks and schools;and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The use may increase the sewer and water use of the property and the SAC/WAC units will be re- evaluated at the time of building permit review.Any increase in the number of units will need to be paid prior to issuance of the building permit. The police department also expressed concerns regarding police and emergency medical services, specifically overnight responses in a residential area where lights and sirens could wake the neighbors. Staff added a condition addressing the SAC/WAC calculations and the Commission should discuss the concerns regarding emergency response. 5. 1-Vill not involve uses, activities,processes, materials, equipment and conditions of operation that will be detrimental to any persons orproperty because of excessive traffic, noise, smoke,fumes,glare, odors, dust or vibrations. Due to the proximity to residential areas, smoking by staff and patients could become an issue. Beyond smoking, the use does not involve any activities that would detrimentally impact any persons or property due to traffic, noise, smoke, fumes,glare, odors, dust, or vibrations. Staff added a condition noting the facility must be non-smoking to ensure compliance with this condition. 6. Wlill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The proposed changes to the interior of the building will not result in the destruction,loss or damage of natural, scenic or historic features of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 7. Wlill fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The use will fully comply with all other requirements of this Code,including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Staff does not see a need to impose specific conditions to satisfy this standard. N:\Departments\Community Development\Planning\Case FUes\CUP\CU 18-19 ResCareMN\4-Planning Commission\4.3 sr Res Care 11-27- 2018.docx If denial of such a permit should occur,it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Statutory Review Period The 60-day statutory review period for this application is set to expire on December 28, 2018. Council Meeting With a recommendation from the Planning Commission the item will be reviewed on December 17, 2018 Attachments ■ Location Map ■ Applicant's Narrative ■ Building Plans ■ Site Plan N:\Departments\Community Development\Planning\Case FUes\CUP\CU 18-19 ResCareMN\4-Planning Commission\4.3 sr Res Care 11-27- 2018.docx Ipp - co L. .4 ' r LU Li g t y r L •`j 1 M C7 Ln LM - ► O IcLn _.m Ln LT . 4 F 1 Lo 64 5 ti r PROJECT NARRATIVE ResCare Minnesota, Inc. is proposing to use the property located at 633 Upland Avenue Northwest, Elk River,Minnesota for operation of an intensive residential treatment services facility(IRTS). The name of the facility will be "ResCare Recovery Residence". The treatment facility will accommodate up to sixteen(16)residents at a time, but will most likely have an 81% capacity for the year. The duration of stay for the resident will typically range from a period of sixty to ninety(60-90) days as they prepare to transition into a longer-term, community-based setting. The IRTS program uses an inter-disciplinary team to provide recovery-focused, evidence-based services and support to individuals with a primary diagnosis of mental illness. These services are designed to achieve psychiatric stability, personal and emotional adjustment, self-sufficiency, and skills to live in more independent settings. While the individuals reside in the IRTS facility, they receive services such as assessment and planning; illness management and recovery; independent living skills and vocational support; mental health treatment services; family education; nurse monitoring and supervision; and peer support groups. ResCare Minnesota, Inc. has been a leading provider of IRTS residential programs in Minnesota since 1982 through the operation of four other IRTS programs: Northwest Residence (Brooklyn Center); Community Options (St. Paul); Livingston Residence (St. Paul); Community Options (Fridley); Transitions on Broadway(Robbinsdale); and Transfer Home (St. Paul). • The Applicant's proposed use meets all of the general standards as listed in the City of Elk River's Comprehensive Plan and Zoning: (a) The extent, location and intensity of the use will be in substantial compliance with the Elk River Comprehensive Plan and Zoning for a conditional use and any applicable subarea plans which were approved by the city council. (b) The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. (c) The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. (d) The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. (e) The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. • Hours of Operation. The facility will operate 24/7 with three (3) awake, overnight staff coverage. During the day, coverage may vary from three to seven(3-7) employees depending on the time of day. This includes weekends. • Employees. There will be a total of about twenty(20) full-time staff. • Parking. There will be 26 stalls, as indicated on the Site Plan included with the application. Note: ResCare will stripe the parking lot. • Proposed screening. There is no proposed screening. Trees and bushes are in place. • Proposed building materials. The building materials will be maintained internally, pursuant to Elk River building code. No exterior work will be performed, as indicated on the Floor Plans included with the application. • Signage.None. • Outdoor Storage. None. u8MOL WF=W Z UZ m�w ~" KUU OQJ °>£� YI¢iW > Za O xm y O w F, af Lu it • n $ LLI of W w NOI omiSNOO 2:J0J lON El LU II II d II �� II II II II II II II II II �I o II II II II II LL- --------------- _ _ �% III III -----� om > —0 wo 2 uj > m wF-of af Lu w Lu w Y 0 CL 0 NOuomiSNOO 2:J0J iON J I LTtom goagoy PD. PD lk A k' 10 IF I L -------- --- F�T :I J-- j i la -------------- PIE,--4----------- 15 ILL _j W ILL > _j Ill Lu _j > 0 z 4 -j LU (0 LU fn LL z Z Q� & Q £ 2 w w r p=p w> H S ` K Y a • w�" W NOI omiSNOO 2:J0J lON mSo twBYoa l ` / W `C Q N �a _ p,a.Akl Our Commitment to Quality and Safety Actnd b Lu� ��q Jasc� KL Vahka ia1 F7119- f - k" -7. q-, ResCare's top priority is always to ensure the safety and well-being of the individuals we serve, as well as our employees and caregivers. Every day, we take care of approximately 60,000 individuals in need of assistance. Our mission is to help people live the best life possible and to live more independently each day in a home-based community setting. States, advocates, the courts and the industry believe that this personalized care environment is more effective for an individual's physical and mental well-being than living in an institutionalized setting. We're changing the industry through our commitment to continuous quality and safety improvement, demonstrated by significant investments we've made and will continue to make in people, quality, training and technology. To effect change that improves quality and safety, we spend approximately $125 million per year on clinical, quality and training programs. While these investments aren't reimbursed, they pay dividends by improving the quality of life for our clients with IDD. We're investing in technology to connect homes and people, improving quality and safety. We're creating real-time care plans that track medication adherence and other daily living activity. And we're equipping homes with emergency response devices to improve safety. We have one of only a few pharmacies in the nation specializing in serving people with intellectual and developmental disabilities. A review of 91 unique studies reveals a nearly 20 percent error rate in medication adherence for people with IDD. The most common errors include omitted doses, medications not taken as directed, taking the wrong medicine and preparing the medicine incorrectly. This service offers pharmaceutical systems and packaging technology designed to reduce medication errors for populations under our care. Our investment in quality speaks volumes when addressing the issue of whether a for-profit company is compatible with providing the services required bythe individuals we serve in a challenging industry. While we know of no studies comparing clinical outcomes between for-profit and not-for-profit providers, we stand behind our safety record and commitment to continuous quality improvement. We're proud of the employees who spend every day taking care of people in need of assistance. We believe we make a difference in the lives not only of the individuals we serve, but also the families and loved ones who often are not equipped to provide care themselves. Our quality and safety goal is zero incidences related to safety or impropriety. During our history, we've provided more than 70 million days of care. That context is important when considering tragic but isolated instances over several decades of time. We are deeply saddened by situations where an employee or client is harmed in any way. We work hard to protect the individuals we serve, and our employees are constantly improving and developing new solutions that increase safety and the quality of care delivered. Our goal is to ensure every individual we serve receives the right care at the right time in the safest environment possible. Putting safety and quality service first is our business plan. We wouldn't be able to succeed any other way. ® escs DOOR lo„�Toon'o AMM HOIN. https://www.nwitimes.com/news/local/lake/another-rescare-worker-charged-with-battery/article_5cb 1c551- 065-55cd-9f41-d291fb1fd432.html EDITOR'S PIC RGEN Another ResCare worker charged with battery Elvia Malagon elvia.malagon@nwi.com, (219) 662-5331 Jun 14, 2016 Megan C. Akers Provided TRY 1 MONTH FOR 99Q HOBART — For the third time time in less than a week, an employee for a company that provides services to people with disabilities is accused of battering a man under their care. Megan C. Akers, 23, of Chesterton, faces charges of battery against a disabled person, neglect of a dependent resulting in bodily injury, battery with moderate bodily injury, neglect of a dependent, battery resulting in bodily injury and battery. A warrant was issued for her arrest. The charges filed in Lake Criminal Court come the same week a civil lawsuit was filed in Lake Superior Court accusing ResCare, the company Akers worked for, of negligence. You could Win up to $500 in Gift Cards r OWNex s>. Leeann Murphy is the mother of Jeffrey Wardlow, the man Akers is accused of hitting, and she said her family decided to pursue the lawsuit to bring attention to abuse against disabled people. Her son was previously hurt while in the care of another company. Her 27 -year-old son is autistic, has an intellectual disability and is considered non- verbal. He lives in a Hobart home with two other disabled men. ResCare provides home -care services for the men. "All I know is that somebody has to bring this to light somewhere, and it's not going to happen to my boy, again," she said. "I just can't let it happen again." In the lawsuit, Murphy accuses ResCare of not properly training and hiring appropriate staff. Her attorney, Donald Wruck, said companies such as ResCare typically have a low -paid, unskilled work force who are placed in difficult situations. "So what you have is a system where you have a recipe for disaster," Wruck said. GIFT CARD CONTEST `g' You could Win up to $500 in Gift Cards ENTER TODAY] .�.� r Murphy said she initially was told by ResCare that her son had red marks. Days later, the school her son attends told her Wardlow was crying and asking for help. Relatives took Wardlow to the hospital where he was treated for scratches, two black eyes, a swollen hand and bruises on his arms. Her son later told her, "Megan hit me, mom," while showing her his bruised arms. Murphy and her attorneys, Wruck and Keith Medved, question if Akers should have even been at work May 24. A neighbor told her that Akers was seen the day before pulling and hitting another resident. The neighbor reported the incident to ResCare officials. Murphy was furious to learn about what happened. She said Akers has worked with her son for a year. "My heart hurts," she said. "It hurts, because she did that to my son. I trusted her." Editor's Note: This story has been updated from a previous version to correct Megan C. Akers' age. Charges filed in stabbing at North St. Paul group home — Twin Cities NEWS > CRIME & POLICE Charges filed in stabonnq at North St. Paul group home By TORY GOONEY I Pioneer Press PUBLISHED: August 24, 2016 at 2:17 pm I UPDATED: August 30, 2016 at 2:44 pm A North St. Paul woman was charged with second-degree assault Tuesday in connection with a stabbing at an adult group home in North St. Paul last week. Shade Jumoke Esho, 40, is listed in court documents as living at the home on 17th Avenue East. On Aug. 17, Esho stabbed another person 12 times in the chest, head, foot and arm, according to the criminal complaint. The victim, a 47 -year-old female, was struggling to breathe and beginning to lose consciousness when police arrived, the criminal complaint said. Sandy Rosbacka, executive director of ResCare Minnesota, which operates the group home, said that she could not confirm whether the victim was an employee or resident of the facility. "We're very concerned, clearly, and working with the police in any way that we can to help them in their investigation," Rosbacka said. A witness told police that Esho was "extremely angry" and yelled as she stabbed the victim. As the victim screamed for help and the witness called 911, Esho dropped the knife and went to the basement, according to the charges. 12/15/18, 3:21 PM https://www.twincities.com/2016/O8/24/st-paul-charges-filed-in-stabbing-at-adult-group-home/ Page 1 of 3 Charges filed in stabbing at North St. Paul group home - Twin Cities Esho returned later and began stabbing the victim a second time before dropping the knife and returning to the basement, the witness said. Police found Esho in the basement with Wood on her hands and shirt, the complaint said. When Esho was questioned by police, she said that she did not know the answers to all their questions. She later told an officer that she didn't do anything wrong and that she wouldn't hurt anyone, the charges said. Esho is in custody at Regions Hospital for observation. Her first court appearance is scheduled for Wednesday afternoon. ResCare Minnesota serves more than 1,200 people across six service areas, including residential services, Rosbacka said. Tags: Crime North St. Pair. l is "'`, ,, :j1 rn {.,1 Tory Cooney covered local news for the Pioneer Press while on a Collegiate Network fellowship for 2016. As you comment, please be respectful of other commenters and other viewpoints. Our goal with article comments is to provide a space for civil, informative and constructive conversations. We reserve the right to remove any comment we deem to be defamatory, rude, insulting to others, hateful, off -topic or reckless to the community. See our full terms of use here. VM IN C 9 fssMEHTS F0 hl'Y y� r( C0 [hi How This 22 -Year Got Her Life Back Ji� Le Bmf t ItlF� After Near -Continuous Seizures -- ...�„_._.. _. 12/15/18, 3:21 PM https://www.twincities.com/2016/g8/24/st-paul-charges-filed-in-stabbing-at-adult-group-home/ Page 2 of 3 DEPARTMENT OF HUMAN SERVICES MALTREATMENT INVESTIGATION MEMORANDUM Office of Inspector General, Licensing Division Public Information Minnesota Statutes, section 626.557, subdivision 1 states, 'The legislature declares that the public policy of this state is to protect adults who, because of physical or mental disability or dependency on institutional services, are particularly vulnerable to maltreatment." Report Numbers: 201802057, 201802068, 201802084, 201802087,201802098 Name and Address of Facility Investigated and License Number and Program Type: Facilities A-E ResCare Minnesota, Inc. 1865 Old Hudson Road Saint Paul, MN 55119 1068391-HCBS (Home and Community -Based Services) FacilityA: ResCare Minnesota, Inc. 1082 Lakewood Drive South Maplewood, MN 55119 Date Issued: June 26, 2018 Disposition: Substantiated as to financial exploitation of eight vulnerable adults with inconclusive responsibility. 1068420-H_CRS (Home and Community -Based Services -Community Residential Setting) Facility B: ResCare Minnesota, Inc. 2248 Falcon Avenue Saint Paul, MN 55119 1068412-H_CRS (Home and Community -Based Services -Community Residential Setting) Facility C: ResCare Minnesota, Inc. 2946 McKnight Road Maplewood, MN 55109 1068423-H_CRS (Home and Community -Based Services -Community Residential Setting) ResCare Minnesota, Inc. Reports: 201802057, 201802068, 201802084, 201802087, 201802098 Page 2 Facility D: ResCare Minnesota, Inc. 1355 Barclay Street Saint Paul, MN 55106 1068400-H_CRS (Home and Community -Based Services -Community Residential Setting) Facility E: ResCare Minnesota, Inc. 749 Skillman Avenue East Maplewood, MN 55117 1068431-H_CRS (Home and Community -Based Services -Community Residential Setting) Investiaator(s): Beth Virden Minnesota Department of Human Services Office of Inspector General Licensing Division PO Box 64242 Saint Paul, Minnesota 55164-0242 651-431-6572 Suspected Maltreatment Reported: It was reported that a staff person (SP) took money belonging to eight vulnerable adults (VA1-VA8) without the legal authority to do so. Date of Incident(s): March 16, 2018 Nature of Alleged Maltreatment Pursuant to Minnesota Statutes, section 626.557, subdivision 9c, paragraph (b), and Minnesota Statutes, section 626.5572, subdivision 15, and subdivision 9, paragraph (b), clause (1): In the absence of legal authority a person willfully uses, withholds, or disposes of funds or property of a vulnerable adult. Summary of Findings: Pertinent information was obtained during a site visit conducted on April 12, 2018; from documentation at the facility; and through five interview conducted with VAS, VAS's guardian (Gl), VA6's guardian (G6), and facility supervisory staff persons (PI and P3). Attempts were made to contact by telephone, and letters were mailed to, VA2's guardian (G2), VA3's guardian (G3), VA4's guardian (G4), VA7's guardian (0), and VA8's guardian (G8), but the attempts were unsuccessful. Attempts also were made by telephone and mail to contact an additional staff ResCare Minnesota, Inc. Reports: 201802057, 201802068, 201802084, 201802087, 201802098 Page 3 person (SP), including a certified letter which was received by the SP on April 21, 2018. However, at the time of this report, the SP had not responded to this investigator. In addition, at the time of the site visit, the facility was working to reimburse VA1-VA8 for their missing funds, and there was no information that VAINA4 and VA6-VA8 were aware of the incident, and as such, were not interviewed for this investigation. The allegations involved vulnerable adults who were receiving services at five different community residential settings (facilities A-E) operated by the same license holder. Each resident's petty cash was kept in a pouch with that resident's name on it and stored in a lockbox at their respective home. Although the residents lived at different homes, they all received services and/or assistance from the facility's central office where the SP worked. Regarding the vulnerable adults: • VA1 lived at facility A with three other residents (131-113). On a monthly basis the petty cash pouches belonging to VA1 and 111-113 (four petty cash pouches altogether) were brought to the SP's office at the facility's central office to be audited and reconciled. • VA2, VA3, and VA4 lived at facility B with one other resident (114). On a monthly basis the petty cash pouches belonging to VA2, VA3, VA4, and R4 (four petty cash pouches altogether) were brought to the SP's office at the facility's central office to be audited and reconciled. • VA5 lived at facility C with three other residents (115-117). On a monthly basis the petty cash pouches belonging to VAS and R5 -R7 (four petty cash pouches altogether) were brought to the SP's office at the facility's central office to be audited and reconciled. • VA6 lived at facility D with three other residents (118-1110). On a monthly basis the petty cash pouches belonging to VA6 and R8 -R10 (four petty cash pouches altogether) were brought to the SP's office at the facility's central office to be audited and reconciled. • VA7 and VA8 lived at facility E with two other residents (1111-1112). On a monthly basis the petty cash pouches belonging to VA7, VA8, and 1111-1112 (four petty cash pouches altogether) were brought to the SP's office at the facility's central office to be audited and reconciled. The SP had his/her own office which was supposed to be locked when the SP was not there. Persons who had a key to the SP's office, included P1, the SP, and the maintenance department which had more than one staff persons. The SP's office also had an exterior door for deliveries and other access to the community. This door was also supposed to be locked. Deliveries were made during business hours and if the SP was not present, another staff person was able to open the exterior door and accept the delivery. The SP's office was "frequented by many [staff persons]" throughout the day. The facility's Person Served Profiles and Individual Abuse Prevention Plans for VA1-VA8 provided the following information: VA1's diagnoses included mild developmental disability. VAI was unable to independently manage or recognize mismanagement of his/her finances. The facility ensured that staff persons assisted with VA1's finances, and audited or reconciled VA1's finances on a weekly and monthly basis. ResCare Minnesota, Inc. Reports: 201802057, 201802068, 201802084, 201802087, 201802098 Page 4 • VA2's diagnoses included severe intellectual and developmental disability. VA2 was unable to manage or recognize mismanagement of his/her finances. The facility ensured that staff persons assisted with VA2's finances, and audited or reconciled VA2's finances on a weekly and monthly basis. • VA3's diagnoses included schizoaffective disorder. VA3 was unable to manage or recognize mismanagement of his/her finances. The facility ensured that staff persons assisted VA3 with financial transactions, budgeting, banking, and reconciling his/her accounts. • VA4's diagnoses included moderate intellectual and developmental disability. VA4 was unable to manage or recognize mismanagement of his/her finances. The facility ensured that staff persons assisted with VA4's finances, and audited or reconciled VA4's finances on a weekly and monthly basis. • VAS's diagnoses included Asperger's syndrome. VA5 was unable to manage or recognize mismanagement of his/her finances. VA5 was his/her own guardian and had a representative payee to assist with his/her finances. Staff persons reported any concerns with VAS'S finances to his/her representative payee. • VA6's diagnoses included severe intellectual and developmental disability. VA6 was unable to manage or recognize mismanagement of his/her finances. The facility ensured that staff persons assisted with VA6's finances and recorded all transactions on a ledger. • VA7's diagnoses included moderate intellectual and developmental disability. VA7 was unable to manage or recognize mismanagement of his/her finances. VA7 had a representative payee to assist with his/her finances. In addition, the facility ensured that staff persons assisted with VA7's finances and recorded all transactions of a ledger. • VA8's diagnoses included mild intellectual and developmental disability. VA8 was unable to manage or recognize mismanagement of his/her finances. VA8 had a representative payee to assist with his/her finances. In addition, the facility ensured that staff persons assisted with VA4's finances, and audited or reconciled VA8's finances on a weekly and monthly basis. The facility's Safekeeping of Funds Policy and Procedure stated that each facility's house supervisor was responsible, on a weekly basis, for reviewing that facility's residents' finances and ensuring the cash -on -hand matched the ledger. Then, once a month, each house supervisor gathered the petty cash pouches and ledgers for their respective residents, and brought the items to the SP at the central office for an audit. P1, P3, and the facility's Internal Review provided the following consistent information: On March 12, 2018, house supervisors (112, P3, P4, and 135) counted their respective resident's petty cash pouches and ensured that the correct amount was documented and matched the amount in each pouch. P2, P3, P4, and P5 then transported the pouches and ledgers to the SP at the central office. Upon receiving all of the petty cash pouches from facilities A-E, the SP would have had 20 petty cash pouches altogether. (The petty cash pouches belonging to VAI-VA8, and 111-1112.) The SP was supposed to keep all of the petty cash pouches in a locked file cabinet in his/her office. • On March 14, 2018, the SP contacted P2, P3, P4, and PS and informed that the audit was completed and ResCare Minnesota, Inc. Reports: 201802057, 201802068, 201802084, 201802087, 201802098 Page 5 that the petty cash pouches were reconciled and contained accurate amounts, and that P2, P3, P4, and PS could return to the central office to pick up their respective petty cash pouches. i Also on March 14, 2018, around 12 noon, the SP was informed that his/her employment at the facility was being ended for unrelated matters. Upon being notified, the SP was escorted to his/her office, and supervised while in his/her office to gather his/her belongings, before leaving. On March 15 and 16, 2018, P3 picked the petty cash pouches up for facility A and E, including those for VAI, 111-113, VA7, VA8, and 1111-1112, and delivered the pouches to their respective facility home. The petty cash pouches were not counted at that time; however, in the days that followed, various direct care staff persons notified P3 that money was missing for VAI, VA7, and VAS. However, there was no money missing from 111-113, and 1111-1112. P3 contacted a supervisory staff person at the facility's central office with his/her concerns. On March 16, 2018, P4 picked the petty cash pouches up for facility B, including those for VA2, VA3, VA4, and R4. P4 delivered the pouches to facility B, and did not count the money at that time; however, in the days that followed, various direct care staff persons notified P4 that money was missing for VA2, VA3, and VA4. However, there was no money missing from R4. P4 contacted a supervisory staff person at the facility's central office with his/her concerns. Not all of the petty cash pouches had been picked up at this point and some remained in the SP's office, including those for facilities C and D (VAS, VA6, and 115-1110). Following receipt of P3's and 134's concerns of missing money in the petty cash pouches for facilities A, B, and E, P1 went to the SP's office and found the petty cash pouches for facilities C and D lying on the floor and not secured in the SP's file cabinet as they should have been. At that point, P1 requested that the petty cash pouches for facilities A, B, and E be returned to the central office so that all of the pouches could be audited again. In doing so, the following cash was determined missing: • $20 from VA1 • $80 from VA2 • $55 from VA3 • $25 from VA4 $50 from VA5 • $71 from VA6 • $20 from VA7 • $61 from VA8 • The total missing from VA1-VA8 was $382. However, there was no money missing from R1-1112. Pi made more than one attempt to contact the SP; however, the SP did not respond to P1. P1 searched the SP's office and did not find the missing funds. Pi also interviewed each house supervisor who confirmed that they documented the amount in each pouch prior to dropping them off with the SP; that when they picked the pouches up after the audit, they did not count the cash in each pouch until they returned to the facility; and that the pouches were not left unattended during any of those times except when they were with the SP. Note: At the time of the incident, house supervisors were not required to count the cash in each pouch upon picking them up from the SP's office or prior to leaving the SP's office. ResCare Minnesota, Inc. Reports: 201802057, 201802068, 201802084, 201802087, 201802098 Page 6 s The SP had worked in his/her position for a period of time and had audited petty cash pouches before. The SP was trained on how to audit the petty cash pouches and was aware that the pouches and ledgers were supposed to be stored in the SP's locked file cabinet. • Pi did not have concerns regarding the SP's contact with residents prior to this incident. Law enforcement was not investigating this case. Facility documentation showed that the SP received training on the facility s policies, including Individual Abuse, Neglect, Exploitation and Retaliation Statement of Policy and Employment Acknowledgement, and the Reporting of Maltreatment of Vulnerable Adults Act. Conclusion: A. Maltreatment: Between March 12 and 14, 2018, P2, P3, P4, and P5 gathered the petty cash pouches for the residents who lived at facilities A-E, including VAI-VA8, and R1 -R12. P2, P3, P4, and P5 counted the money in each pouch and documented the totals on a ledger. P2, P3, P4, and P5 then delivered the pouches to the SP who was responsible for completing a routine monthly audit. The SP was supposed to keep the pouches locked in his/her office. On March 15 and 16, 2018, P3 and P4 picked up the pouches for facilities A, B, and E. Over the following days, direct care staff persons notified P3 and P4 that money was missing from some, not all, of the pouches. (There was money missing from VA1-VA4, VA7-VA8; however, there was no money missing from 111-114, and Rl1-1112.) Upon receipt of the concerns, all of the petty cash pouches were audited again, and in doing so, it was discovered that a total of $382 was missing from the pouches belonging to VA1-VA8. However, once again, there was no money missing from Rl-R12. The SP did not respond to this investigators request for an interview and therefore, did not provide information for this investigation. Given that VA1's-VA8's money was stored either at the facility and/or in the SP's office, and that although there was an exterior door in the SP's office, it was kept locked and only accessed by a staff person for deliveries during business hours, there was a preponderance of the evidence that a staff person took $382 belonging to VA1-VA8 without the legal authority to do so. It was determined that financial exploitation occurred (in the absence of legal authority a person willfully uses, withholds, or disposes of funds or property of a vulnerable adult). B. Responsibility pursuant to Minnesota Statutes, section 626.557, subdivision 9c, paragraph (c): When determining whether the facility or individual is the responsible party for substantiated maltreatment or whether both the facility and the individual are responsible for substantiated maltreatment, the lead agency shall consider at least the following mitigating factors: (1) whether the actions of the facility or the individual caregivers were in accordance with, and followed the terms of, an erroneous physician order, prescription, resident care plan, or directive. This is not a mitigating factor when the facility or caregiver is responsible for the ResCare Minnesota, Inc. Reports: 201802057, 201802068, 201802084, 201802087, 201802098 Page 7 issuance of the erroneous order, prescription, plan, or directive or knows or should have known of the errors and took no reasonable measures to correct the defect before administering care; (2) the comparative responsibility between the facility, other caregivers, and requirements placed upon the employee, including but not limited to, the facility's compliance with related regulatory standards and factors such as the adequacy of facility policies and procedures, the adequacy of facility training, the adequacy of an individual's participation in the training, the adequacy of caregiver supervision, the adequacy of facility staffing levels, and a consideration of the scope of the individual employee's authority; and (3) whether the facility or individual followed professional standards in exercising professional judgment. Although the petty cash pouches were stored in the SP's locked office, the pouches were not stored in a locked file cabinet as they should have been and more than one staff person had access to the SP's office and/or had access to a key to access the SP's office. Given that there was no direct evidence that the SP was responsible for taking the missing money, the responsibility for the financial exploitation of VAI-VA8 was inconclusive. Action Taken by Facility: The facility completed an internal review, and determined that policies and procedures were not followed. The facility made changes so that any time money is transferred between parties, two staff persons are required to count the money and sign that they counted the money. All staff persons received training on this change. Action Taken by Department of Human Services, Office of Inspector General: No further action taken. Investigation Shows Maltreatment of Vulnerable Adults at Residence Facility Photo: Google Maps August 22, 2017 05.39 PM A Minnesota Department of Human Services investigation concluded four vulnerable adults at a residential facility were forced to use garbage cans after a toilet became plugged, and made to haul that human waste into the trash in the facility's garage. But though maltreatment was substantiated, the report found it was a result of a staff person not following adequate policies and procedures already in place. And given immediate steps ere taken to address the situation, the report stated no corrective action is being ordered. The report alleges the conduct occurred from June 16-19 in a facility run by ResCare Minnesota, part of Louisville, Kentucky -based ResCare - a company described on its website as the "largest diversified health and human services provider in the U.S." "We deeply regret this situation," the company said in a statement. RELATED. NDH- Home HeaXh Prr®eo ere Md MW Take Ac Ua n to Save FaUent Despft Order (hftp://kstp.com/news/home-health-providers-investigation- patient-death/4567398/?cat=1) "We are committed to ensuring the safety and well-being of our clients every day. We conducted an internal investigation as soon as we learned of this issue and immediately took immediate action to correct the plumbing situation. The employee has been separated from employment with ResCare. Our employees are trained to serve with compassion and respect. We do not tolerate behavior that does not comply with regulations or our mission." The report described the facility in question as a "split entry styled home. The facility had one 'athroom on the main floor, and another bathroom was located in an apartment that was used for the live-in staff person." In this case, the investigation reported, the live-in staff person "was typically gone on weekends and usually returned to the facility on Sunday nights at 10 p.m." Which meant the live-in apartment on the lower level was locked, and the staff person working at the facility from 2 p.m. on June 16 to 10 p.m. on June 18 did not have access. '15 E 8 , chat.( x'43"i,t 3€3ti2t1iP Nursing Horne (http://kstp.com/news/minnesota-department-of-health-investigation- f finds -a n nandale-n u rsing-home-neg lected-patient-/4494358/?cat=12196) According to the investigation's findings, the staff person on duty said the remaining toilet �I became plugged on the morning of June 17. The staff person put tape on it and allegedly told the vulnerable adults "to have bowel movements in plastic bags that were put into garbage .,ans in the bathroom and to run water in the shower when they had to urinate." 0 https://www. wvgazettema i I. com/business/teen-s-death-comes-am id-complaints-at-resca re-s-wv/article_59dO84f0-35c2- s9cd-8890-d7bObfdd7b80. html Teen's death comes amid complaints at ResCare's WV facilities Giuseppe Sabella Apr 15, 2017 i i{.,..Wi4d Woodward Children's Home in Charleston, where Jeremy Bush, 13, lived before he stole a van, crashed soon after and died. GIUSEPPE SABELLA Gazette -Mail The death of a teenage ResCare client on March 15 followed dozens of complaints against the company's West Virginia facilities. From 2012 to 2016, the state Office of Health Facility Licensure and Certification confirmed 32 complaints among 10 West Virginia ResCare agencies. These included allegations of neglect, sexual abuse and issues with the training and staffing of employees. OHFLAC substantiated each complaint, including 10 from 2016, as part of its responsibility to uphold state licensure rules and federal certification regulations. ResCare's corporate office is located in Louisville, Kentucky. Among several other services, its residential facilities provide care for people with often extreme physical and mental disabilities. This is a list detailing some of the complaints filed against ResCare with OHFLAC: nnn Jeremy Bush, 13, took a Dodge Caravan from Woodward Children's Home, a ResCare facility in Charleston, and drove half a mile before he crashed into a stone wall. consumed the van, and Bush died at the scene. Though his death is still under investigation, state OHFLAC surveyors recently verified several cases of clients leaving other ResCare locations. A ResCare agency in Clarksburg discovered a neighbor of one facility returned its resident on Jan. 17, 2016. It was the client's fifth time leaving without anyone noticing. The client entered the neighbor's home and made himself a cup of coffee. When the neighbor brought him home, she found an unlocked gate, a faulty doorbell and a staff member asleep on the couch, according to OHFLAC. A facility under the same agency lost a client in 2015 and found him in a company vehicle later that day. An employee reported the disappearance a day later after she overheard two nurses talking about the incident. An OHFLAC investigator discovered the facility never gave the client a proper medical assessment, nor did it pr^nerly train the employee assigned to care for him. Three other ResCare agencies temporarily lost clients or left them alone between 2015 and 2016. An agency in Logan had three incidents in one year. An employee allegedly left the first client alone in a car twice in one day: once to pay for gasoline and another time to drop clothing off to her son. The second client escaped from her bedroom window and the third client $A,alked out of his yard without an employee noticing. Neighbors returned the clients during two of the incidents. Complaint records do not show any recent escape incidents at the facility from which Bush stole the van he would eventually crash. They do reveal notes about a resident's known behavior in 2014. The resident, listed as "Client 2" in the report, was known to "flee from his home and out of staff's eyesight" The report goes on to classify the facility's residents as "severely and profoundly retarded clients who are aggressive, assaultive or security risks:' The facility, it said, failed to staff enough employees to care for each client. Sometimes one employee would take care of four clients for hours at a time. Records from Metro 911 of Kanawha County show emergency services responded to the facility about 35 times in the last two years. , many as 10 calls were from people concerned about patients outside the facility, said Rick McElhaney, the deputy director of Metro 911. Most of the other calls were for triggered fire alarms, he said. nnn In 2016, an employee of the ResCare agency in Beckley put a girl, who was confined to a wheelchair, into a company van with low tire pressure, an expired registration card and an odometer that displayed nearly 7,000 miles more than the recommended number for an oil change. The employee grabbed two of four available straps to secure the wheelchair and hooked them to the wrong spots, the OHFLAC report shows. The girl fell over and hit her head during the trip. Instead of calling for help, the employee notified another staff member who then called for an ambulance. Emergency responders transported the girl to a hospital, and authorities then directed her to Charleston Area Medical Center 30 minutes later for a "brain bleed" The employee who failed to secure the wheelchair resigned at a company office. A hospital treated the girl's head injury for five days, and she returned to the hospital with a new injury just two days after being released. someone who suffered a stroke in 2007, the girl had trouble sitting in armless chairs or on a bed without falling out. Still, nobody attached rails to her bed. She fell to the floor before her second visit to the hospital, and an employee put her back in bed without notifying someone qualified to evaluate her possible injuries, OHFLAC noted. The employee tried to call a manager instead of 911, and the girl again fell and hit her head on a nightstand. She was later put on life support. As fluid gathered in her lungs and her kidneys shut down, the girl died after her guardian decided to have the ventilator removed. nnn A ResCare facility in Parkersburg waited two days to report an employee who sexually abused two clients in 5, OHFLAC found. Both clients had care plans that outlined the importance of giving them personal space. Even a hug would violate the plans. On Aug. 14, 2015, OHFLAC reported, an employee gyrated on a pool noodle and described her sex life. She also simulated sex on one of the clients and then told both clients to do the same to each other. Though a supervisor discovered the abuse three days later, she waited another two days to inform another manager It took another day for employees to report the abuse to Adult Protective Services. In a similar delay the year before, a client of the ResCare agency in Huntington reported sexual abuse and did not receive an investigation until days later, according to OHFLAC. In late February 2016, a client of the agency in Lewisburg said she performed oral sex on an employee. The facility waited several days before it reported the incident to Adult Protective Services, and the employee Pdmitted to the girl's allegation after her guardian called police, OHFLAC found. Management placed the employee on administrative leave several days after the girl reported him. nnn Marjorie Carpenter joined Kenova Group Home — a ResCare facility — as a registered nurse in 2003, later taking a job as the director of nursing in 2008, according to a lawsuit filed in Wayne County Circuit Court. Carpenter started to bring issues to the attention of management in 2011. She was concerned about abuse, patients' privacy rights and illegal drug use by employees, the suit states. Other employees accused her of harassment, and the investigation into their complaints led to Carpenter's concerns being labeled as "foolish and unfounded," the suit alleges. gave OHFLAC surveyors a disc of information regarding privacy violations on Sept. 13, 2011. On the same day, her supervisor said an employee resigned in April and claimed Carpenter created a hostile work environment, the suit states. According to OHFLAC records, a confidential informant gave surveyors a collection of photographs and videos exhibiting abuse. One video showed a client hiding her face and crying. She begged the person filming to turn off the camera, but the tape continued. Laughter can be heard in the background. Someone photographed another client with her jeans pulled lower than normal and her undergarments stretched "extremely high:' Some of the pictures appeared on Facebook, and surveyors later discovered the files came from a company computer. The center's executive director lost his job over the incident, and the facility placed Carpenter on administrative leave for "creating a hostile environment;' according to the suit. Though she had no ir,-,lvement in the wrongdoing, the company apparently fired her about a month later. In 2015, a woman employed by a ResCare office in Buckhannon said she suffered from nightmares after a client tried to rape her at an understaffed residential facility. According to a lawsuit filed in Upshur County Circuit Court, the facility's two patients required one-on-one supervision. However, the woman took care of both patients by herself several times, the suit states. i ,e woman had just finished cleaning furniture in the living room when a client came out of his room and became angry. He followed her to the porch, where she tried to isolate herself while the client calmed down. Knowing he couldn't be reasoned with, the woman wanted to make a call. The patient then slapped and punched her as she struggled to get the phone. The woman tripped and fell along the way, and the patient reportedly groped her. The struggle escalated until — with her children in mind — the woman had to beg for her life, according to the suit. Police arrested the man, and ResCare officials posted his bail before they returned him to the home, the suit states. An employee with the company's human resources department soon met with the woman to discuss her well-being. She complained to the employee about being left alone at the home —15 minutes later, the company suspended her for allegations of misconduct, the complaint alleges, and a job ad for her position appeared the same day. The parties in each case settled the lawsuits out of court. nnn ResCare serves approximately 1,000 people and employs another 2,500 throughout West Virginia. The company's goal is to eliminate incidents related to safety and impropriety, Kristen Trenaman, the director of marketing communications for ResCare Inc., wrote in an email. "RP,Care's top priority is always to ensure the safety and well-being of the individuals we serve, our employees and our caregivers;' she said. Trenaman said privacy concerns prevent ResCare from addressing individual complaints with the media. ResCare published a document in March that outlined challenges to caring for people with intellectual and developmental disabilities. .,e report cites growing demand, shifting demographics, mounting regulations, and stagnant state and federal budgets for a workforce crisis in the health care industry. "Given current funding levels and restrictions, the industry struggles to retain the most qualified workers and is not rewarded for developing or implementing technologies to ease the demand on personnel." Despite the existence of challenges, Trenaman said ResCare is investing in technology, creating real-time care plans and utilizing emergency response solutions to better serve approximately 60,000 people throughout the U.S. "We are deeply saddened when harm comes to any of the individuals we serve or to any of our employees," Trenaman said. Reach Giuseppe Sabella at giuseppe.sabella@wvgazettemail.com, 304-348-5189 or follow @Gsabella on Twitter. West Carrollton group home death ruled a homicide 12/16/18, 12:07 PM West Carrollton group home death ruled homicide; state watchdog joins investigation Published: Monday, May 14, 2018 @ 8:54 AM By: Breaking News Staff (/online/contacts/breaking-news-staff/Ig38jnQ4FHOEVbcxhtwh6Nt), Nick Blizzard (/news/local/nick-blizzard/6wjXfAiMDuUWYJA72WVkAL/), Mike Campbell (/entertainmen[/personalities/mike- campbell/Qh 18A71YSOBzMVVVAcdwO/I Montgomery County Coroner's Office rules that the March death of a man who lived in the home, was a homicide. WEST CARROLLTON — The death of a man who lived at a West Carrollton group home on Redbluff Drive in March has been ruled a homidde, the Montgomery County Coroner's Office said. West Carrollton police told our reporters they plan on presenting evidence in the death case to a three -prosecutor panel in Montgomery County in the next 24 hours. The panel will consider whether criminal charges are warranted. Jerrold Duskey, 65, of West Carrollton, died around 11:15 p.m. March 5 at Kettering Medical Center from complications of multiple blunt force injuries to his head, torso and left upper extremity, the coroner's office said. The coroners office said an acute intracranial hemorrhage was a significant contributor to his death. Content Continues Below RELATED: Police have suspects In West Carrollton group home death investigation (http%/Iw .whio.com/news/local/west<arrolIton-police-investigate-redbluff-drive- death/4gNejj pB2AALU2dPDja8TLn An Ohio advocacy group also is investigating the west Carrollton group home where death happened. Disability Rights Ohio is looking Into the group home on Redbluff Drive, where Duskey lived, said Michael Kirkman, executive director of DRO. https://www.whio.com/news/local/west-carrollton-group-home-death-ruled-homicide/z WJ7ThODc6TXBak4T5ERTN/ Page 1 of 5 West Carrollton group home death ruled a homicide 12/16/18,12:07 PM West Carrollton police said they have suspects identified in connection to the case, however no charges have been filed. Police said they plan to pursue charges In the case once they receive the final autopsy report from the coroner's office. Police said they have an active investigation at Duskeys Redbluff Drive residence involving an incident Feb. 14. TRENDING: Meth makes deadly comeback in Dayton area (https://www.mydaytondailynews.com/news/crime- -law/meth-makes-ki Iler-comeback-daytonarea/STiaxGKzzSGYsOfdLvaRz)lI A residential manager at the group home reported to police possible physical abuse involving one of its residents on Feb. 14. "We have reason to believe a resident has been abused," the manager told 911 operators, adding that Its not known how the resident sustained the reported injuries. ResCare, Inc. manages the group home on Redbluff. A spokeswoman for the organization said two caregivers, who were working at the time the incident occurred, have been removed from employment. "We continue to work closely and in cooperation with law enforcement and with external investigators. After conducting our own internal investigation, following our policy and protocol, we separated two caregivers from employment who were working during the time the incident occurred," said Kristen Trenaman, spokeswoman for ResCare. TRENDING: How four kids from Dayton ended pay toilets in America (https://www.daytondailynews.com/news/lost-history-how-four-kids-from-dayton-ended-pay-toilets- ameri ca/It9zXTTDeVybTealN7rroOn ResCare Residential Services provides support to adults and children who need assistance with daily living due to a developmental, cognitive or intellectual disability. Programs offered include a range of services, including: community living, behavioral health support, in-home pharmacy solutions, TeleCare and supported employment, said Trenaman. Trenaman said, "We are heartbroken to learn that one of the individuals we supported passed away while hospitalized." The injuries that led to Duskeys death were sustained at his residence on Redbluff, the coroner's office said. Download the WHIO News app_. Get breaking news, weather, and traffic from W HIO -TV & AM 1290 and News 95.7 WHIG in one great app. Click a link below to get the app. 1290 99.7 Trending - Most Read Stories (http://apple.co/2rkGcea) (http://bit.ly/2rbgW4R) https://www.whio.com/news/local/west-carroliton-group-home-death-ruled-homicide/z WJ7ThODc6TX8ak4T5ERTN/ Page 2 of 5 Homeowner shoots, kills man trying to enter his home 7h Austin Homeowner shoots, kills man trying to enter his home By: Cay Bien (https://www.kxan.com/meet-the-team/calily-bien/882318310) E (mailto:calily.bien@kxan.com) Updated: Jan 05, 2015 07:40 AM CST (Interactive Media Not Supported by Print) 12/16/18, 12:38 PM AUSTIN (KXAN) -- A man who feared for his -- and his family's -- safety shot and killed a man who had run away from a South Austin group home Monday morning, according to Austin police. https://www.kxan.com/news/local/austin/apd-investigating-suspicious-death-in-south-austin/1049502362 Page 1 of 3 Homeowner shoots, kills man trying to enter his home 12/16/18, 12:38 PM Invesugaiors say ine snoming nappeneo jusi oeTore ia:.5u a.m. In ine luzuu DIOCK Or braniley t5en A few minutes before the shooting, several 911 calls came in reporting a man who had been walking around the neighborhood banging on doors. When the man went to a home on Brantley Bend, he banged on the door and was able to force his way into the front entryway. "The homeowner was alerted to the previous banging by his wife," said Senior Police Officer Veneza Bremner. "At which point, he went to the front door and fired his weapon at the suspect, striking him in the front of his body." The man died at the scene. The husband and wife, along with their three kids, were home at the time of the incident. "The homeowner feared for his life and his family's life," said Bremner. The man who was killed had run away from a nearby group home after becoming agitated, a spokesperson for Rescare said. The company manages Educare Community Living Corp which is a home that provides services for people with intellectual and developmental disabilities. A staff member tried to follow the man, who is autistic, but could not convince him to come back. She then went back into the home to check on the other people living there. When she came back outside, police officers were outside and told her what had happened. "Right now our staff members are trying to deal with their grief and the family's," said spokesperson Nel Taylor in an email statement. "Right now our staff members are trying to deal with their grief and the family's." Neighbor Steve Roberts lives at the end of the street. "Well, I'm glad I'm not in that situation. He did what he thought he had to do; I probably would have done the same thing," said Roberts after first learning about the shooting. "I took the trash out, the can, and I heard three gun shots, 'Boom! Boom! Boom! ... I know they were gunshots and they weren't firecrackers because I shoot and hunt." Police are still trying to determine if officers were already on their way to the neighborhood for the initial disturbance when the shooting happened. Background Educare Community Living Corp Adult Protective Services is assisting law enforcement in the investigation. APS investigates nllpaatinnc of nhi ica nonlart nnri/nr avnlnitntinn nnri in this racy it tnrni ilri ho nntantinl naalart https://www.kxan.com/news/local/austin/apd-investigating-suspicious-death-in-south-austin/l0495O2362 Page 2 of 3 Homeowner shoots, kills man trying to enter his home According to a spokesperson for the Department of Aging and Disability Services, Educare Community Living Corp. is a licensed ICS (intermediate care facility) for individuals who have intellectual and developmental disability. 12/16/18, 12:38 PM In the past three years, DADS said the facility had some minor deficiencies but all of the issues were addressed. DADS said Educare has operated since November 1, 2011. The license allows them to operate a six - bed facility. Anytime there are facilities such as these in a neighborhood, residents can reach out to DADS at 1- 800-458-9858 in case they have any concerns. • When you're allowed to shoot in Texas Copyright by KXAN - All rights reserved https://www.kxan.com/news/local/austin/apd-investigating-suspicious-death-in-south-austin/1049502362 Page 3 of 3 State to investigate special needs home after fatal shooting 12/16/18, 12:48 PM tatesman State to investigate special needs home after fatal shooting By Nicole Chavez Posted Sep 24, 2016 at 12:01 AM Updated Sep 25, 2018 at 5:25 PM In the wake of the fatal shooting of an autistic man after he ran away from his special needs home, the state agency overseeing such facilities has opened an investigation into its operations. Jared James, 24, was killed Monday morning in South Austin after police say he broke into a house near the facility and the homeowner shot him. James was pronounced dead at the scene. Police found his body within the threshold of the shooter's home, police said. nthorities are not pursuing charges against the shooter, who KVUE-TV identified as John Daub. The Travis County district attorney's office will review the case. A police spokeswoman said it is standard procedure. A resident who lives near the special needs home said on Tuesday it is not the first time someone ran away from the facility. Joan Inbody, 84, said that a few weeks ago she was sitting inside her home on Brantley Cove when she saw a man running from the special needs home while several staff members chased him. "They were outside looking for him for about two hours until they found him," Inbody said. "I don't know where he was for so long." Even though the home has been operating for years near her home, Inbody said doesn't feel the facility fits in the neighborhood. https://www.statesman.com/NEWS/20160924/State-to-investigate-special-needs-home-after-fatal-shooting Page 1 of 2 State to investigate special needs home after fatal shooting 12/16/18, 12:46 PM The special needs home at 10202 Brantley Cove — where James lived — is operated by ResCare, a Ventucky-based company running 20 similar facilities in Travis County, according to state records. -Lviost have an overall rating below the state average, according to the state department that oversees such facilities. The ResCare home appeared to be operating on Tuesday after Austin police and the Texas Department of Aging and Disabilities Services launched their investigations. At least six people live at the home under the supervision of ResCare staff, officials said. Although the Brantley Cove home is privately owned and the state does not fund it, the facility is certified to accept Medicaid funding. "If our investigation finds deficiencies that we believe warrant law enforcement action, we might recommend that the federal Centers for Medicare and Medicaid Services revoke that certification," said Cecilia Cavuto, a spokeswoman with the Texas Department of Aging and Disabilities Services. Last July, the state found 27 health and safety deficiencies to federal standards during an annual I-spection at the Brantley Cove facility, which included the lack of qualified staff to attend clients with mental retardation, according to state records. ResCare has corrected most of them since then, records showed. The Brantley Cove home is due to pay an administrative penalty of $4,000 from 2013, according to state records. A spokeswoman for ResCare said James ran from the home after becoming agitated. A staff member chased after him but could not persuade him to return, the spokeswoman said. The staffer went inside the home to check on the other residents there and when she returned she was told by police that James was dead, Taylor said. Staff did not call 911. Authorities first learned of the shooting at 6:26 a.m., when a resident at the home where the shooting occurred called the police. Following the shooting, police learned from neighbors that James had banged the doors of several nearby homes. https://www.statesman.com/NEWS/20160924/State-to-investigate-special-needs-home-after-fatal-shooting Page 2 of 2 Records: ResCare Agency facilities struggling with staffing shortages Qecords: ResCare Agency facilities struggling .4ot i staffing shortages By AP I Posted: Mon 10:26 PM. Sep 10. 201 1 Updated: Mm 10:43 PM. Sep 10.2018 CHARLESTON, W.Va. (AP) - Complaints filed with a West Virginia state agency say ResCare Agency facilities are struggling with "-fling shortages, causing problems such as missed doctors' appointments and incorrectly administered medication. company provides care for people with extreme physical and mental disabilities, among other services. Most of the nine substantiated complaints filed with the state Office of Health Facility Licensure and Certification since last year lay out the problems due to staff shortages. One says a lack of supervision allowed a patient to run away. Another says patients are commonly told that their doctors' appointments have been "cancelled due to staffing issues., The state agency confirmed 32 ResCare facility complaints from 2012 to 2016. Some also included allegations of neglect and sexual abuse. A ResCare spokesperson says the company is working to identify recruitment and retention solutions to ensure staffing needs are met. (Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.) ►�rSrAa PETSMART .� Hover for Circular lar W LmoY Ouape Showi5ldne Ka 24-'— 299° x6 • aa• — a4 —= Hover for Circular l = — STAPLES a Hover for Circular Powered by 12/16/18, 2:05 PM https://www.thenewscenter.tvlcontent/news/Records-Behavioral-health-centers-deal-with-staff-shortages-492914341.htmi Page 1 of 2 Major problems found at group home after special needs resident allegedly beaten, sexually assaulted July 09, 2018 4:34 PM in The Investigative Unit Source: WBRZ By: Chris Nakamoto BATON ROUGE - The Louisiana Department of Health launched an investigation into a local group home after a Livingston Parish resident was left with a broken nose and urinated on by another resident. The investigation revealed at least 13 deficiencies that needed an immediate correction, according to the 67 -page report the WBRZ Investigative Unit obtained. Caleb Sharp, 22, has a chromosomal anomaly which requires him to depend on adults for care. Sharp was staying in a group home in Ponchatoula when things went wrong this year, according to his mother. "Caleb was lying in his bed, and [another resident] was instructed by another worker to urinate on Caleb while he was lying in his bed," Jessica Mitchell said. Mitchell took Caleb home and immediately called a meeting with administrators. "After that meeting, Caleb came home and lived with me for about a week," Mitchell recalled. "He went back to the group home. When he went back, that's when the horror story began." The horror Mitchell refers to is documented in pictures that show her son beaten and bloodied. "First we called the police," Mitchell said. "A deputy came out and said because of the circumstances he was not able to do anything at that point. He took my husband's statement and left." Mitchell also filed complaints with the State Department of Health, which launched an investigation into the group home and found 13 major problems. The 67 -page report notes the facility failed to protect clients from physical and psychological abuse, neglected to seek medical treatment after the incidents, and found the facility couldn't provide evidence that the abuse was thoroughly investigated. "I gave them my child to take care of, and the opposite happened," Mitchell said. "This needs to stop. They need to be held accountable for what they've done and what they've allowed to happen." http://www.wbrz.com/news/major-problems-found-at-group-home-after-special- needs-resident-allegedly-beaten-sexually-assaulted/ Last month, Mitchell sued Rescare and the workers responsible for what happened to Caleb alleging Rescare employees directed people in the house to physically beat, sexually assault, taunt and psychologically abuse him, as well as urinate on him and his belongings. "This instance has set Caleb back and his family back," Mitchell's attorney Scott Mansfield said. "It has thrown their world off and thrown a wrench in their daily lives, and it needs to be addressed by Rescare. " Mansfield said Rescare has a history of doing this across the country which results in big problems for residents. "Rescare is responsible for hiring qualified employees and training them to care for people with special needs," Mansfield said. "Rescare hires unqualified workers and families trust these people to care for their loved ones with special needs and Rescare has failed them." Attempts to reach people at the group home were unsuccessful. Knocks at the door went unanswered. A spokesperson for Rescare released the following statement, "It is Rescare's policy not to comment on pending litigation." Meanwhile, Mitchell said Caleb is back at home. She wants her fun -loving son back. "I don't want another family or another special needs adult to have to go through what Caleb's gone through and what our family has gone through," Mitchell said. The WBRZ Investigative Unit obtained job listings for Rescare and the listings indicate applicants need no formal skills or training. According to Rescare, it operates in 42 states, Canada, and Puerto Rico. http://www.wbrz.com/news/major-probl ems -found -at -group -home -after -special - needs -resident -allegedly -beaten -sexually -assaulted/ Elizabethtown man arrested after ResCare worker found stabbed to death I Crime Reports I wdrb.com Elk River, MN: This Unbelievable, Tiny Company Is Disrupting A $200 Billion Industry https://www.wd rb.com/news/crime-reports/elim bethtown-ma n-arrested-after-mscare-worker-found-stabbed-to-death/article_ 5b7828ed-699f-534b-8280-e5ad8a627d lc htm l Elizabethtown man arrested after ResCare worker found stabbed to death Jan 4, 2017 611, 1 11 1L 9 S 7 6 5 4 3 9 EuLABETHTOW N, Ky. (WDRB) --A Hardin County man is charged with murder after an employee at a home care facility was found stabbed to death early Wednesday. Authorities say the victim, now identified as 66 -year-old Sally Berry of Radcliff, was dead when deputies arrived at Community Alternatives of Kentucky, a division of ResCare. ResCare has multiple facilities in Kentucky and across the country. This one in the 200 block of Bryan Street in Elizabethtown cares for adults with developmental disabilities. Hardin County Sheriff John Ward said another employee discovered Berry's body in a pool of blood when she came for a shift change. Sheriff Ward said that employee called 911 just before 11:00 p.m. Tuesday. Ward says a patient at the facility, 32 -year-old Linda le Cunningham, admitted stabbing Berry. Two other male patients were in the home at the time. Cunningham was arrested Wednesday at 3:46 a.m. Ward says investigators are trying to determine what led to the stabbing. 12/16/18, 2:14 PM https://www.wdrb.com/news/crime-reports/elizabethtown-man-arreste...tabbed-to-death/article 5b7828ed-699f-534b-8280-e5ad8a627dic.html Page 1 of 3 2 611, 1 11 1L 9 S 7 6 5 4 3 9 EuLABETHTOW N, Ky. (WDRB) --A Hardin County man is charged with murder after an employee at a home care facility was found stabbed to death early Wednesday. Authorities say the victim, now identified as 66 -year-old Sally Berry of Radcliff, was dead when deputies arrived at Community Alternatives of Kentucky, a division of ResCare. ResCare has multiple facilities in Kentucky and across the country. This one in the 200 block of Bryan Street in Elizabethtown cares for adults with developmental disabilities. Hardin County Sheriff John Ward said another employee discovered Berry's body in a pool of blood when she came for a shift change. Sheriff Ward said that employee called 911 just before 11:00 p.m. Tuesday. Ward says a patient at the facility, 32 -year-old Linda le Cunningham, admitted stabbing Berry. Two other male patients were in the home at the time. Cunningham was arrested Wednesday at 3:46 a.m. Ward says investigators are trying to determine what led to the stabbing. 12/16/18, 2:14 PM https://www.wdrb.com/news/crime-reports/elizabethtown-man-arreste...tabbed-to-death/article 5b7828ed-699f-534b-8280-e5ad8a627dic.html Page 1 of 3 Elizabethtown man arrested after ResCare worker found stabbed to death I Crime Reports I wdrb.com "We didn't receive a call prior to the call last night, we didn't receive a call of a fight or anything like that, we just received a call from the worker coming into relieve the victim and that's when she found the victim laying on the P nr:" Ward said. ResCare released the following statement Wednesday afternoon: ResCare is deeply saddened by this very tragic loss of one of our own employees with years of dedicated service as a care giver and we extend our sympathy to the family forthe loss of their loved one. Our number one priority is to ensure the safety and well-being of each and every one of our clients and staff members at all times. We are cooperating fully with the police investigation and are unable to comment further on this matter due to the investigation. Cunningham is being held at the Hardin County Detention Center. Harry Baxter has lived across the street from the facility since 1996. He said police were called to the home multiple times in the past. He said the victim, Berry, was also hurt while working at that home last summer. "She had gotten roughed up:' explained Baxter. "And she wants to know, because I was a retired deputy sheriff, she wanted to know what to do about it. And I said, 'Ma'am don't play around. Call the police: I said, 'If you need to get out of there, come straight across the street, and we'll take care of you until the cops get here."' Baxter said he didn't know much more about Berry or her family. But he said he worried for her and he feels terrible for her family. "She was somebody I spoke to in passing every time she showed up:" said Baxter, holding back tears. "And when she got ready to leave, I said, 'Well, how did it go last night?' And she said,'WeR, I made it' Welt, last night she didn't" Copydght2017WDRB Media. All rights reserved. 12/16/18, 2:14 PM https://www.wdrb.com/news/crime-reports/elizabethtown-man-arreste...tabbed-to-death/article_5b7828ed-699f-534b-8280-e5ad8a627dlc.html Page 2 of 3 Bristol, Virginia Man Pleads Guilty to Conspiracy to Commit Healthcare Fraud I USAO-WDVA I Department of Justice THE. i, ITER STATES ATTORNEYS OFFICE WESTERN DISTRICT o VIRGINIA c HOME ABOUT MEET THE U.S. ATTORNEY PROGRAMS JOBS CONTACT U.S. Attorneys » Western District of Virginia >> News Department of Justice U.S. Attorney's Office Western District of Virginia FOR IMMEDIATE RELEASE Search NEWS DIVISIONS 12/16/18, 11:36 AM Wednesday, April 12, 2017 Bristol, Virginia Man Pleads Guilty to Conspiracy to Commit Healthcare Fraud ABINGDON, VIRGINIA —A Bristol man, who along with his wife and another woman, was accused of healthcare fraud charges, has pled guilty to related federal charges, Acting United States Attorney Rick A. Mountcastle, Virginia Attorney General Mark R. Herring and Nick DiGiulio, Special Agent in Charge, Philadelphia Regional Office for U.S. Health and Human Services - Office of Inspector General announced today. Bryan Harr Sr., 41, of Bristol, Va., pled guilty yesterday in the United States District Court for the Western District of Virginia in Abingdon to one count of conspiracy to commit healthcare fraud. Melissa Harr previously pled guilty to one count conspiracy to commit healthcare fraud. Deborah Branch, 64, is also charged as part of the conspiracy. Bryan Harr Sr. admitted yesterday that he and his wife, Melissa Harr, hired Branch to work with one of their children, who suffers from intellectual and physical disabilities and who qualifies for services paid for by Virginia Medicaid, including personal assistance, respite and residential support services. These services are available to qualified individuals pursuant to Virginia Medicaid's Intellectual Disability (ID) waiver program. The ID waiver program is designed to provide critical services that enable a recipient to remain at home instead of being placed in an institution. Recipients or their guardians are permitted to hire workers of their own choosing to provide these services which are paid for by Virginia Medicaid. https://www.justice.gov/usao-wdva/pr/bristol-virginia-man-pleads-guilty-conspiracy-commit-healthcare-fraud Page 1 of 2 Bristol, Virginia Man Pleads Guilty to Conspiracy to Commit Healthcare Fraud I USAO-WDVA I Department of Justice 12/16/18, 11:36 AM Branch was paid through two different Virginia Medicaid contractors: Public Partnerships, LLC and ResCare (formerly known as Creative Family Solutions). From January 2010 until September 2015, Branch, with the knowledge of Melissa Harr and Bryan Harr Sr., submitted time sheets claiming Branch was providing services for Harr's disabled son when she was not. In exchange for assisting Branch in getting paid for work she did not do, Branch paid the Harrs approximately $200 every two weeks. Virginia Medicaid's Department of Medical Assistance Services (DMAS) paid out $350,641.02 to the contractors based on these time sheets, of which $207,854.43 was paid to Branch. More importantly, the Harr's disabled son did not receive the services he legitimately needed pursuant to the ID waiver program. The investigation of the case was conducted by the Medicaid Fraud Control Unit of the Virginia Attorney General's Office, the U.S. Department of Health and Human Services Office of Inspector General, and the Bristol Virginia Police Department. Special Assistant United States Attorney Janine M. Myatt, a Virginia Assistant Attorney General, is prosecuting the case for the United States. Topic(s): Health Care Fraud Component(s): USAO - Virginia, Western Updated April 12, 2017 https://www.justice.gov/usao-wdva/pr/bristol-virginia-man-pleads-guilty-conspiracy-commit-healthcare-fraud Page 2 of 2 ResCare Whistleblowers - Have Evidence of Res -Care Misconduct? Reasonable Do iot Bldg 12/16/18, 11:37 AM TULLY&WEISS California Criminal Defense Attorneys Experienced & Aggressive Lawyers Focused on your Liberty All Courts 925.229.9700 510.269.9227 530.776.0840 Contra Costa I Alameda Northern California Seeking ResCare (Res -Care) Whistleblowers July 15th 2017 https://www.tully-weiss.com/biog.php?article=rescare-whistleblowers-have-evidence-of-res-care-misconduct 76 Page 1 of 11 ResCare Whistleblowers - Have Evidence of Res -Care Misconduct? 12/16/18, 11:37 AM The Law Office of Tully & Weiss wants to speak with insiders who work or once worked at ResCare (also known as Res -Care, Inc). We are investigating claims of Medicare and Medicaid fraud. Under the federal False Claims Act and the laws of dozens of states, people with inside information who are brave enough to step forward and disclose what they know about healthcare fraud involving government funded healthcare (Medicaid, Medicare &TriCare) can help save taxpayers their hard-earned money and may be eligible for large cash awards. In California, insiders with information about fraud involving Medi -Cal may be eligible for awards from the California False Claims Act. Who Is ResCare (Res -Care)? ResCare bills itself as "the largest diversified health and human services provider in the U.S" Their website says they are also: • The biggest provider of healthcare services to people with disabilities, https://www.tully-weiss.com/blog.php?article=rescare-whistleblowers-have-evidence-of-res-care-misconduct_76 Page 2 of 11 ResCare Whistleblowers - Have Evidence of Res -Care Misconduct? 12/16/18, 11:37 AM • The biggest privately -owned home care company, • The biggest community provider of high -acuity neuro -rehab, and • "The largest career center workforce contractor in the U.S" Before being taken over by a private equity firm five years ago, ResCare annual reports were filed with the SEC and public. In its 2012 annual report, the company claimed that it provided services to 61,000 people per day in 44 states plus Washington DC and Puerto Rico. That report also claimed the company employed 46,000 people. Much of the community and in home services provided by Res Care include professional nursing, personal care, Alzheimer's care, dementia care, homemaking and companionship. Services are offered in patients' homes, nursing facilities, assisted living facilities and even hospitals. Services may just be for 1 or 2 hours per week or for patients with more needs, up to 24 hours per day. Home care is offered in 34 states (as of December 31, 2012). In some states, Res -Care provides telemedicine services and emergency call button response. Investigation into ResCare's Billing Practices (Possible Medicaid Fraud) We are investigating claims that Res -Care does not properly bill for home and community based attendant services. 3tients receiving home care services through Medicaid (Medi -Cal) must have those services approved by a physician. Thereafter, those services must be recertified every year and revaluations done every 6 months. The purpose of the annual certification process is to ensure that patients require the services they are receiving and to see if the patients may require additional or different services. As patients recover or as their conditions worsen, their needs change. Medicaid doesn't want to pay for services that are not medically necessary. When Medicaid overpays, taxpayers pick up the tab. Because there are often wait lists for certain services, providers that falsely certify or fail to properly certify home care visits may be causing truly needy patients to go without needed care. Recertification visits generally must be done in the patient's home or wherever the patient is receiving care. The process is quite involved and requires an experienced nurse supervisor to review patients' records, patient concerns and progress notes. That supervisor must also evaluate a patient's need for continued services and establish a treatment or care plan for the next period if services are still needed. Physicians must approve those services. These recertifications insure the patient is getting the right services from the proper professionals. ey also insure that taxpayers and Medicaid are not getting ripped off for services that may no https://www.tully-weiss.com/blog.php?article=rescare-whistleblowers-have-evidence-of-res-care-misconduct_76 Page 3 of 11 ResCare Whistleblowers — Have Evidence of Res -Care Misconduct? 12/16/18, 11:37 AM longer be necessary. We are concerned that some home visits may not be taking place. To hide that these visits and :valuations are not being properly performed, we believe that non -supervisory staff is perhaps simplyfilling in the review forms with fictional progress notes. Prior Frauds and Major Litigation Involving Res -Care Res -Care is no stranger to allegations of fraud and scams. In November 2009, a jury returned a verdict of approximately $53.9 million in damages against the company for violations of the New Mexico Resident Abuse and Neglect Act. Approximately $4.7 million of that award was for actual damages. The remaining $49.2 million was for punitive damages. The trial judge later trimmed the punitive damage award to $10.8 million. The New Mexico jury award didn't involve fraud but the case was so serious that jurors felt compelled to impose huge punitive damages against the company. Texas Res -Care Medicaid Fraud In 2005, ResCare settled Medicaid fraud billing claims brought by the State of Texas and the U.S. Department of Justice. The agencies claimed that the company's affiliate in Fort Worth, The .itadel Group, back -dated documents and made false billings. In other words, patients were receiving less care than they should have received. The complaint said that workers would hold parties on Fridays but bill Medicaid as if they were seeing patients. Although denying any wrongdoing, Res -Care paid $2.15 million to settle the charges and closed its Ft. Worth facility. The case was originally filed by a whistleblower, a former ResCare mental health provider. In her complaint, she said the company: 1. Billed for mental health services that were medically unnecessary or never even provided, 2. Doctored patient records to hide their illegal activities, 3. Backdated records to insure Medicaid coverage wouldn't lapse, 4. Billed pizza parties as if actual mental health services were being provided, and 5. Billed for services while patients were sleeping! Did Res -Care learn? Apparently not. https://www.tully-weiss.com/blog.php?article=rescare-whistleblowers-have-evidence-of-res-care-misconduct_76 Page 4 of 11 ResCare Whistleblowers — Have Evidence of Res -Care Misconduct? 12/16/18, 11:37 AM Iowa Res Care Medicaid Fraud 'n 2015, Res -Care and ResCare Iowa paid $5.63 million to settle Medicaid fraud charges brought oy the Justice Department and Iowa. Prosecutors say that physicians were not completing the annual assessments needed for patients receiving homecare. According to the Justice Department,'The rules of both Medicare and the state of Iowa's Medicaid program require an independent physician to certify that home healthcare services are medically necessary and to order the specific type and amount of healthcare services to be provided by the home health agency. Additionally, since 2011, Medicare and Iowa Medicaid rules require these independent physicians to perform an in-person "face-to-face' assessment of each patient before the home health agency can bill the government for any home healthcare services. The settlement resolves allegations that between 2009 and 2014, ResCare Iowa billed the government for services provided to Medicare and Medicaid patients in Iowa without documenting compliance with these requirements" Res Care and West Virginia (Neglect, Sexual Abuse) Allegations West Virginia authorities are reportedly investigating the company after a patient recently died while in ResCare's care. Media reports say the facility where the death occurred has received "dozens" of complaints including claims of neglect, sexual abuse and training deficiencies. rroviding improper or grossly deficient care can be a violation of Medicaid rules. When we entrust a loved one to the care of a professional healthcare company, we assume that they will be protected, receive adequate care and be safe. Improper staffing, patient abuse or improper training can all be violations of Medicaid guidelines. Indiana Medicaid Fraud We are also aware of yet another Medicaid fraud case currently making its way through the courts in Indiana. A former ResCare Qualified Intellectual Disabilities Professional (QIDP) filed suit in 2015 claiming that a manager told her that the company did not have enough staff to provide required services needed by patient. She claims that the manager "advised the QIDPs to begin recording their time spent on preparing developmental and behavioral plans as direct care hours [and] directed the QIDPs to backdate this time to reflect direct care in their progress notes for the month of February" Medicaid regulations do not allow these services to be billed as direct care. Her Medicaid fraud case was tossed on technical grounds earlier this year although thejudge said she could refile her claim. https://www.tully-weiss.com/blog.php?article=rescare-whistleblowers-have-evidence-of-res-care-misconduct_76 Page 5 of 11 ResCare Whistleblowers — Have Evidence of Res -Care Misconduct? 12/16/18, 11:37 AM ResCare Whistleblowers May be Entitled to Cash Awards ' Vhistleblowers are the best defense against Medicaid fraud. Government auditors can't be everywhere, all the time. In fact, auditors can only audit a small fraction of 1% of all providers each year. Even with an audit, fraud often goes undetected without the help of whistleblowers. This is especially true when companies use phony records and create false documentation. Under the state and California False Claims Acts, whistleblowers with inside information about Medicaid and Medicare fraud are eligible for large cash awards. Those awards are generally between 15% and 30% of whatever the wrongdoer must pay the government. The State of California also has a whistleblower award program for insiders with information about fraud involving private insurance carriers. To qualify for an award, one must have original source ("inside") knowledge of wrongdoing involving Medicare, Medi -Cal or Medicaid. Failing to provide proper annual and semi-annual recertifi cations for homecare, billing for ineligible services, over billing, billing for pizza parties and creating false health records are all indicia of Medicaid fraud. Do you have information about patient abuse or patients being sexually assaulted? We may be able to directly assist patients and their families. Call us today. Call for ResCare Whistleblowers If you work or once worked for ResCare, or any of their many affiliates, and have knowledge of fraud or wrongdoing, please give us a call. Cheating Medicaid is a crime, hurts patients and hurts taxpayers. All inquiries are kept confidential and are subject to the attorney client privilege. Talk to the experienced California whistleblower legal team at Tully Weiss to learn your rights and to see if you could be entitled to a whistleblower's cash award. Contra Costa 925.229.97001 Alameda 510.269.92271 North Cal 530.776.0840 << Blog list https://www.tully-weiss.com/blog.php?article=rescare-whistleblowers-have-evidence-of-res-care-misconduct_76 Page 6 of 11 ResCare employee killed in grisly grouphome murder I whastt.com 12/16/18, 11:43 AM MENU WH"1110 WATCH LIVE 450 ow sme On Air 6:20PM LOUiwille," Woman murdered at a group home in e -town ResCare employee killed M cgrWy group home murder Harry Braxton had just settled in for the night Tuesday evening when he noticed the blue flicker of police lights pouring through the front window of his home. ELIZABETHTOWN, Ky. (WHAS71( — Harry Branton had just settled in for the night Tuesday evening when he noticed the blue flicker of police lights pouring through the front Window of his home. It was a sight the retired Hardin County deputy once knew all too well. Deputies unrolling crime scene tape.. Interviewing witnesses and collecting evidence. Cheddar Awards: What Millennials Killed in 2018 FEATURED BY oN But standing in front of his Bryan Street home Wednesday morning, Braxton appeared saddened and deeply troubled as he recalled the previous night's disturbing events. 'Nothing like that has ever happened on this street before," Braxton said, as he looked at the used crime scene tape piled in a driveway across the street. The home, which is owned by ResCare, houses men with special needs. Hardin Co. Sheriff John Ward said a ResCare employee called 911 just before 11 p.m. Tuesday to report the co-worker that she was relieving had been attacked. Deputies found Sally Berry's lifeless body lying in a pool of blood. She had been brutally stabbed multiple https://www.whasll.com/article/news/crime/rescare-employee-killed-in-grisly-group-home-murder/382221484 Page 1 of 4 ResCare employee killed in grisly group home murder I whastt.com 12/16/18, 11:43 AM times, Ward said. The 66 -year-old Radcliff woman was a ResCare employee who worked as a caretaker at the home. "In this situation, you know, we have a 66-year4d woman who was outdoing her job and I'm sure she didn't go to work yesterday thinking about even the slight possibility of being harmed much less murdered," said Ward. "It's a sad situation" According to an arrest citation, Lindale Cunningham, a 32 -year-old resident of the group home, confessed to crime. He was one of three men being cared for at the home. Cunningham was taken into custody at the scene and later charged with murder. He was booked into the Hardin County Jail early Wednesday morning. 'It's a shame something like that happened to her," said Braxton, who knew Berry and some of the challenges she faced. He said Berry once expressed concerns about being "roughed up" by one of the residents, but continued her work despite her fears. He said he hopes there will be changes to ensure others don't suffer the same grisly fate. "I just hope somehow they straighten it out and somebody looks at how these operations are run and have somebody devise some better safety protections for the workers here because they don't get paid enough for this" said Cunningham. "It's something somebody's gonna have to think about for a long time." ResCare issued a statement Wednesday in response to the incident `ResCare is deeply saddened by this very tragic loss of one of our own employees with years of dedicated service as a caregiver and we extend our sympathy to the family for the loss of their loved one. Our number one priority is to ensure the safety and well-being of each and every one of our clients and staff members at all times," the company said in the statement adding that ResCare was fully cooperating with authorities as they continue the investigation. You May Like Why Are Women Ditching Their Yoga Pants for These Amazing Bottoms? American Giant U.S. Cardiologist: Stop Taking Probiotics Immediately Gundry MD U.S. Cardiologist: It's Like a Pressure Wash for Your Insides Ht aith seadrtnes Luxury Cars You Might Not Believe Exist Luxury Cars I search Ads Sponssre! Links by Tab a https://www.whasll.com/article/news/crime/rescare-employee-killed-in-grisly-group-home-murder/382221484 Page 2 of 4 Police say caretaker beat two disabled men inside their Hamilton County home I FOX59 12/16/18, 11:57 AM Police say caretaker beat two disabled men inside tneir Hamilton County home POSTED 455 PM, AUGUST 30, 2017, BY ALEXIS MCADAMS, UPDATED AT 0673PM AUGUST30, 2077 FOX4 This is on archived article and the information in the article maybe outdated. Please look at the timestamp on the story to see when it was last updated. Police say caretaker beat two disabled men inside of their own h... HAMILTON COUNTY, Ind. -Police say two disabled men were beaten, bruised and attacked inside of their Hamilton County home by their caretaker. "He has cerebral palsy and he is non-verbal and cannot walk. He wears a diaper. He cannot getup and walk and he cannot tell someone that he has to go to the bathroom. That is theirjob to take care of him and change him," said Barbara Greathouse, a mother of one of the victims. The man who was supposed to be helping the men, 23 -year-old Michael Anderson, is now facing felony charges. According to court documents, Anderson beat the two disabled roommates so badly that he broke their bones. Before the men were beaten, one of the victims reportedly had an accident in bed. Court documents say Anderson went to change the sheets and had a meltdown. https://fox59.com/2017/08/30/police-say-caretaker-beat-two-disabled-men-inside-their-hamiIton-county-home/ Page 1 of 4 Police say caretaker beat two disabled men inside their Hamilton County home I FOX59 "He wet himself and he just blew up and started hitting my son. He slugged him in the chest with his fist and when he got done with him, he went into his roommate's room and stn -ted hitting him;'saidGreathouse. Greathouse is the mother of 49 -year-old Anthony Harris. She is sick over the fact that her son and his roommate were left helpless. "They were being tortured by him systematically" said Scott Benkie of the Law office of Benkie & Crawford. Benkie is the family's attorney. He says that while investigating they discovered that this was not the first time that Anthony was hurt by Anderson. "Anthony's fingers had been broken. The way they had to be broken is bent backward;' said Benkie. Both men are now recovering from their physical injuries but are afraid to go back into their bedrooms. "I want him to go to prison for a longtime;'said Greathouse. A lasting effect that Barbara says she just cannot forgive. "I will not accept his apology. He asked the police to tell me that he was sorry and I will nt cept his apology. I cannot and I will not," said Greathouse. Anderson remains behind bars while the family works to file a civil lawsuit against Res - Care, the company that hired Anderson as a caretaker. Res -care sent FOX59 the following response to the incident: "We were deeply saddened to learn about this situation. We immediately contacted law enforcement as soon as this incident was reported. As a result, the employee has been separated from employment with ResCare." 12/16/18, 11:57 AM https://fox59.com/2017/08/30/police-say-caretaker-beat-two-disabled-men-inside-their-hamilton-county-home/ Page 2 of 4 Employees at ResCare claim lack of training for prescription errors, says more is needed I KFOR.com We'd like to send you notifications for the latest news and updates. NO THANKS -,I , -le POSTED 232 PM, OCTOBER 19, 2017, BY LILT ZHENG, UPDATEDAT 07.14PM, OCTOBER 19, 2017 This isan archived article and the information in the article maybe outdated. Please look at the time stamp on the storyto see when it was last updated. Employees at ResCare claim lack of training for prescription err... 7N ENID, Okla. -Employees, past and present, of a ResCare center in Enid are speaking out against the company's training protocols. ResCare is a Louisville -based companywith several locations in Oklahoma. They serve the elderly, children,job seekers, and people with disabilities. Cynthia Stevens, a former employee, said she served as a program coordinator before leaving the company in September. According to Stevens, she left because she felt "the company didn't care" and added there were mistakes made with medications for their clients due to a lack of training. "I think they need to have a house manager from the time they get there, from the time they arrive and I think they need to have 40 hours of training;' Stevens said. "I've written a couple of incident reports on myself absolutely, because I have missed one or I have 12/16/16, 11:45 AM https://kfor.com/2017/10/l9/employees-at-rescare-claim-lack-of-training-for-prescription-errors-says-more-is-needed/ Page 1 of 5 Employees at ResCare claim lack of training for prescription errors, says more is needed I KFOR.com accidentally... when one came in... I was doing another one and I hadn't realized the other hadn't finished all the pills so, yes, that person took another person's pill:' ee Powell, communications director of Oklahoma Department of Human Services, said ResCare contracts with DHS. Training, accordingto Powell, is regulated through DHS. When it comes to medication administration training, there are six residential training modules employees are trained on including communication, skill building, connections, ethical and legal issues. According to Powell, there are at least eight to 12 hours of additional annual training required. "The training requirements we have are very, very detailed and very specific to caring for people with intellectual disabilities. It's a very difficu It job, and we know that but we provide a vast array of training for all of these provider agencies;' she said. However, Stevens tells News 4 she doesn't think the current training practices in place are enough for staff members to properly care for their clients. "People are precious, whether they can think for themselves or not;' she said. "In my field and how i've seen it, are some of these clients in danger? In my opinion, yes, personally." The most recent quality assurance survey on ResCare, completed by a division of DHS, f i no outstanding deficiencies or complaints. "One of the main things they are looking for is to make sure that staff are trained. They look individually at staff records, do a random sample of the staff, see if any are not trained or don't have all of their required training for that year;" Powell said. Kristen Trenaman, director of marketing communications for ResCare, said their employees and caregivers are trained in accordance to state licensing rules and regulations: "in addition to meeting training standards from a regulatory and compliance standpoint, we're committed to going above and beyond - to delivering best -in -class training for our employees. We strive for continuous improvement to advance the level of quality care we provide for the individuals we serve. We're proud of the personalized, quality care ResCare provides, and we know our employees take great pride in that care. ResCare has been helping people live their best lives and achieving quality outcomes for more than 40 years. Today, we employ and train more than 500 employees in Oklahoma - part of our 45,000 compassionate workforce across the country who help people live their h-st lives every day." 12/16/18, 11:45 AM https://kfor.com/2017/10/19/employees-at-rescare-claim-lack-of-training-for-prescription-errors-says-more-is-needed/ Page 2 of 5 Caregiver hired despite failing background check HOLIDAY •®A@@q @A6@ 991 PER WEEK 1i 2 12/16/18, 11:50 AM Subscribe Today (http://offers.freep.com/ gps- source=SE RIB&utm_mec exchange&utm_ca m pa i c Caregiver hired despite failing background check Pad EM Detmit Free Press (Photo: Klmbedy P. Afthe/bDeboit Free Press) Published 11:47 p.m. Er Sept. 6, 2015 A caregiver accused of stealing more than $1 million from an Oakland County man was hired by a home care company despite lying on her employment application and failing a background check, which showed she had a criminal record, the man's family alleges in a court filing. Frank Calcaterra's family is suing ResCare in Oakland County Circuit Court, alleging the company placed a thief inside the Waterford home of the elderly man in 2008 when he was looking for someone to help him take care of his wife, Jonnie, who had Alzheimer's disease. After Calcaterra's wife died in 2012, home care worker Tangle Coleman took him to Ohio and manned him. At the time, he was 86 and she was 35. By the time the daughters of the wealthy former funeral home owner, who lived out of state, got him out of his lakefront home in 2014, Calcaterra was broke, malnourished and living in the basement; Coleman and her mother were living upstairs, the Free Press reported in August 2014. Ajudge later annulled the marriage. Based largely on banking and credit card records, his daughters and Jonnie's daughter estimate Coleman bilked the couple of between $1 million and $1.5 million in cash and valuables. ADVERTISEMENT https://www.freep.com/story/news/local/michigan/oakland/2015/09/06/caregiver-hired-despite-failing-background-check/71678820/ Page 1 of 3 Caregiver hired despite failing background check 12/16/18, 11:50 AM The case highlights what experts say is a significant and growing problem in the U.S. — financial exploitation of elderly people by caregivers. Many cases go unreported and accurate estimates are hard to pin down, but studies suggest there are at least tens of thousands of such cases each year. July 22, Judge Colleen O'Brien dismissed the family's claims against ResCare, that included counts of breach of contract and fraud. The judge ruled that the signed contract between the parties, not any verbal assurances that might have been given, is what's legally binding. The written contract included a clause that said it "contains the entire understanding of the parties," and it didn't say anything about a background check. But in dismissing the family's claims under the Consumer Protection Act, O'Brien said the lawsuit had not included which sections of the act ResCare allegedly violated and did not spell out sufficient details to support the claim. Now, the family has filed a motion seeking to amend their complaint with respect to the Consumer Protection Act, setting out details to support what they say are seven violations of that law by ResCare, a huge national firm with a Rochester office that the Calcaterra family dealt with. The claims mostly relate to allegedly false or misleading claims by ResCare about the quality of their background checks and employees and failure to disclose important information. "After Tangie finished stealing all of Frank and Jonnie's money and possessions, the family was stunned to learn that at the time of her hiring Tangie was wanted on two felony charges and had been convicted of two misdemeanors," the family said in an Aug. 26 court filing. "ResCare's failure to do a thorough background check ... resulted in a predator being placed into Frank and Jonnie's home." ResCare has yet to respond to the motion in advance of a hearing set for Sept. 16, but the company has argued Tangle Coleman (Photo. Southfield In court that Calcaterra breached the contract with ResCare when he hired Coleman on a personal contract — Police Department) cutting out ResCare — about three months after she was sent to his home. "All of the complained of conduct occurred well after ResCare was terminated," ResCare attomey Scott Murphy of Grand Rapids argued at a July 22 hearing, according to a transcript. https://www.freep.com/story/news/local/michigan/oakland/2015/09/06/caregiver-hired-despite-failing-background-check/71578820/ Page 2 of 3 Caregiver hired despite failing background check 12/16/18, 11:50 AM Mark Hafeli, a Sylvan Lake attorney representing Calcaterra's family, said the family was verbally assured ResCare conducted a thorough background check and "would have never accepted Tangie into their home if they knew she had been convicted and put in jail." iI Taylor, a spokeswoman for ResCare, declined to comment on the latest allegations. "I'm sorry, but we cannot discuss pending litigation," Taylor said .., an e-mail to the Free Press. According to the lawsuit, the background check ResCare performed missed two felony warrants for Coleman, who used several aliases. One was from 2002 for auto theft, which was later dismissed; the other from 2006 for check fraud, which resulted in a conviction, the parties agree. But what's more, the background check did turn up two misdemeanor convictions, including a second offense for driving or, a suspended license which resulted in a seven-day jail sentence, the complaint alleges. That means Coleman lied on her employment application when she said she had no misdemeanor convictions, but ResCare hired her anyway, and didn't inform the family, the complaint says. Further, records obtained by the family as a result of the lawsuit show Coleman had been reprimanded and had her pay docked for charging a large number of personal phone calls to the account of another elderly client before she was sent to help Calcaterra, the complaint alleges. That problem was never disclosed to the family. The family says ResCare officials also assured them Coleman was licensed, which she was not. Contact Paul Egan: 517-372-8660 orpegan@freepmss.com. Follow him on Twitter @paulegan4. Read or Share this story: http://on.freep.com/1 ELLaof https://www.freep.com/story/news/local/michigan/oakland/2015/09/06/caregiver-hired-despite-failing-background-check/7l578820/ Page 3 of 3 Two ResCare employees charged with spraying wheelchair-bound man with garden hose I News I timeswv.com 12/16/18, 11:50 AM httpsd/www.bm wvconVnews/two-rescare-empbyees-charged-with-spraying-wheelchair-bound-man-whh/article-fa47ea7c-1b54-11e5-a95c-9ff403a74995.html FW—URm TOP aTORY o ResCare employees charged with spraying wheelchair-bound man with garden hose By Emily Gallagher Times West Virginian Jun 25, 2015 Fran left Courtney R. Mundell, Melissa D. Shona COURTESY OF THE FAIRMONT POLICE DEPARTMENT It 0- G* in- ®- @ FAIRMONT — Police have arrested two individuals for allegedly spraying a wheelchair-bound elderly man with a hose at a local home health care service. Courtney R. Mundell, 20, and Melissa D. Shonce, 33, both of Fairmont, were arrested Wednesday by officers with the Fairmont Police Department. The two are being charged with abuse or neglect of an incapacitated adult, which is a misdemeanor. Sgt. David Wolford with the Fairmont Police Department said a video was brought to the attention of Patrolman Kenny Carder that showed two individuals at ResCare Homecare in Fairmont spraying a 65 - year -old man in a wheelchair with a water hose while. Wolford, who watched the video, said it went on for a'couple minutes.' Wolford said the video was taped by a neighbor of Rescare Homecare on June 10 on Mary Lou Ration Drive. Wofford said patrolman Carder was called to the businesses last week by the executive director who then reported the incident. Wofford said Mundell and Shonce were reported to be on administrative leave at the time of the officer's A call to ResCare executive director Jackie Canfield has not yet been returned. https://www.timeswv.com/news/two-rescare-employees-charged-with-s..: bound-man-with/article_fa47ea7c-ib54-11e5-a95c-9ff403a74995.html Page 1 of 7 Civil suit seeks $750K in damages from business, caregiver accused ...World: news, information, headlines and events in Lawrence, Kansas 12/16/18, 11:48 AM LJWORLD.com LAWRENCE JOURNAL -WORLD Civil suit seeks $750K in damages from business, caregiver accused of abusing Lawrence men with mental challenges photo by: Mike Yoder httP://www2.ljworld.com/news/2016/juI/25/civil-suit-seeks-750000-damages-caregiver-accused/ Page 1 of 5 Civil suit seeks $750K in damages from business, caregiver accused ...World: news, information, headlines and events in Lawrence, Kansas 12/16/18, 11:48 AM The Douglas County Judicial and Law Enforcement Center, 111 E. 11th St. One of two mentally challenged men accusing his former caregiver of beating, confining and forcing him to fight others is suing in civil court, saying not only was he injured, but the medical company responsible for his care played a negligent role in his abuse. B.' o a Ta! Shinn, 26, o Tbpeka, wa.3 a.vst c , t ii 26 a a d c ---s tw-- reior y C L'r iS tJ7 771�zraal ;��r'?i x a �''t"'p nr�ent a"'d-uh one fetora`7i/ .-c-,unt of aggravated battery and c i"es ;?isCiemeanor count of criminal restraint. Throughout 2015 Shinn was one of two caregivers, employed by ResCare, responsible for looking after the two men living in a home in the 2700 block of Crestline Drive, according to an arrest affidavit filed in Douglas County District Court. She is accused of beating the two men, mishandling their money, locking them in rooms or a closet and forcing them to fight each other. photo by: Mike Yoder Brooke Tiara Shinn. http://www2.ljworld.com/news/20l6/juI/25/civil-suit-seeks-750000-damages-caregiver-accused/ Page 2 of 5 Civil suit seeks $750K in damages from business, caregiver accused ...World: news, information, headlines and events in Lawrence, Kansas 12/16/18, 11:48 AM Before Shinn's arrest, one of the two men, Joseph Schaefer and his guardian filed a civil suit against Shinn, ResCare and one of the company's supervisors. Schaefer's civil suit was filed in Douglas County District Court in January 2016, seeking at least $750,000 in damages. The lawsuit is requesting a jury trial. The lawsuit lists Shinn, ResCare Kansas Inc., ResCare Inc. and Kattie Johnson as defendants. ResCare is a national company and the largest private, in-home service provider for the disabled, Kristen Trenamen, the company's director of communications, said in May. The company has more than 900 employees in Kansas and 50,000 across the country. Trenamen said neither Shinn nor Johnson currently works for ResCare. The lawsuit argues that not only did Shinn abuse Schaefer, but she, her supervisor and the company neglected his safety in favor of maximizing company profits. In addition, not only did Shinn fail to act as a caregiver, but her supervisor and her employer failed to provide adequate training and to ensure she was fulfilling her responsibilities, the lawsuit says. ResCare was "aware of this pattern of negligence, gross negligence, wantonness, and reckless disregard and indifference to consequences and have failed to correct it, knowing that residents like Schaefer could be harmed or are harmed," the lawsuit says. The failure to properly care for Schaefer stems from ResCare's decisions as a company to cut costs through hiring unqualified employees, understaffing the facilities, improperly training employees, paying low wages and leaving residents unsupervised, the lawsuit continues. Attorneys for the defendants did not return multiple calls seeking comment for this story. However, answers filed by the defendants as a response to the lawsuit deny allegations of wrongdoing. http://www2.ljworld.com/news/2016/jul/25/civil-suit-seeks-750000-damages-caregiver-accused/ Page 3 of 5 Civil suit seeks $750K in damages from business, caregiver accused ...World: news, information, headlines and events in Lawrence, Kansas 12/16/18, 11:48 AM In total, the lawsuit claims numerous points where the defendants are at fault, including: • Breach of contract • Negligence • Civil conspiracy • Battery • Assault • Outrageous conduct causing severe emotional distress • Kansas Consumer Protection Act • False imprisonment Throughout Jan. 1 and Feb. 28, 2015, Shinn allegedly abused Schaefer and the second man, according to a criminal complaint filed in Douglas County District Court. On June 3, 2015, police were called by the Kansas Department for Children and Families in Lawrence, who reported the abuse, the affidavit says. A sister of one of the men and another caregiver provided information. An arrest affidavit is a document filed by police explaining why a suspect was arrested. Allegations in an arrest affidavit must still be proved in court. Shinn is still awaiting a preliminary hearing where she can respond to the accusations. The lawsuit argues Shinn forced Schaefer and other disabled residents to fight each other, "running what amounted to a `fight club."' Shinn would also use the men's money — allotted for activities — for food and supplies instead, the affidavit says. Under her care the two men were sharing basic toiletries such as a razor. http://www2.ijworld.comlnews/2016/jul/25/civil-suit-seeks-750000-damages-caregiver-accused/ Page 4 of 5 Civil suit seeks $750K in damages from business, caregiver accused ...World: news, information, headlines and events in Lawrence, Kansas 12/16/18, 11:48 AM The second man — who was initially afraid to speak with police — said during one incident that Shinn forced Schaefer to put his nose on a hot stove coil and another where he was beaten with a fly swatter, the affidavit says. Other times she would beat the two men with her fists, he claimed. Sometimes, for days on end, Shinn would lock both men in their rooms without food or medication, the affidavit says; other times she would lock Schaefer into a small, dark closet with no handle on the inside of the door. When approached by police Shinn initially denied abusing the two men, but later admitted she "lost control" during one incident and continued to hit one of the men while he was on the floor, the affidavit says. She then filed a false incident report claiming the man was injured in a fall. However, one Department for Children and Families employee said ResCare had no incident reports filed regarding the Crestline Drive home in 2015. Shinn was released from the Douglas County jail after posting a $5,000 bond. She is scheduled to appear in court on Aug. 1 at 1:30 p.m. Shinn has no prior criminal convictions in Douglas County District Court. However, if she is convicted in the criminal case she could face more than 25 years in prison for the felony charges and up to a year in jail for the misdemeanor charge. In June, Shinn filed a motion to stay the civil case until her criminal case is resolved. Schaefer's attorney, J. Phillip Gragson, said Douglas County District Court Judge Paula Martin ordered the case stayed until further notice. http://www2.ljworld.com/news/20l6/juI/25/civil-suit-seeks-750000-damages-caregiver-accused/ Page 5 of 5 Injured Employee Featured In Workers' Comp Investigation Settles Her Case : NPR 12/16/16, 11:45 AM Pick Your NPR Station There is at least one station nearby ;MM NEWB TfE LIVE RADIO SHOWS Vnsu T To jnjurtyo Amevica`S VanisNng Worker Protecalons Injured Emp0oyee Featured �n Workers' Comp Investigation Settles Her Case April 14, 2016 • 4:18 PM ET i4 ` HOWARD BERKES Rachel Jenkins outside her home in Boley, Okla. Jenkins settled her case with ResCare, who denied her medical benefits and lost pay after she injured her shoulder at work. : Oxford https://www.npr.org/2016/04/14/474215041/injured-employee-featured-in-workers-comp-investigation-settles-her-case Page 1 of 12 Injured Employee Featured In Workers' Comp Investigation Settles Her Case : NPR 12/16/18, 11:45 AM An injured worker featured in an NPR/ProPublica investigation of the opt -out alternative to workers' compensation has settled with the company that denied her .nedical care and wage -replacement payments after an incident at work. Rachel Jenkins, 33, was injured last March while protecting a mentally disabled man who was attacked by another client at an Oklahoma City shelter operated by ResCare, which claims to be the nation's largest provider of services to people with disabilities. ResCare had opted out of state -regulated workers' compensation in Oklahoma by developing its own workplace injury plan. The company initially denied Jenkins any benefits for her painful and persistent shoulder injury because she had missed a 24- hour reporting deadline by just three hours. Jenkins said she reported late because she had been heavily medicated after emergency treatment. The 24-hour reporting rule is one of the most contentious elements of opt -out plans in Oklahoma and Texas. Critics say the rule gives employers the ability to deny benefits .ir legitimate workplace injuries that they would otherwise have to provide if they hadn't opted out of workers' comp. Article continues below Sign Up For The NPR Daily Newsletter Catch up on the latest headlines and unique NPR stories, sent every weekday. What's your email? SUBSCRIBE By subscribing, you agree to NPR's terms of use and privacy policy. - ,nkins and other workers in Oklahoma sued their employers and state regulators https://www.npr.org/2016/04/14/474215041/injured-employee-featured-in-workers-comp-investigation-settles-her-case Page 2 of 12 Injured Employee Featured In Workers' Comp Investigation Settles Her Case : NPR 12/16/18, 11:45 AM over that provision and others in the state's opt -out law. :esCare and Jenkins agreed not to disclose the details of this week's settlement, but Bob Burke, Jenkins' attorney, says the monetary settlement gives Jenkins enough money to get her shoulder treated, recover lost wages and provide the same type of disability payments Jenkins would have received if ResCare had remained in the workers' comp system. "ResCare was reasonable in providing monetary compensation for medical care and for permanent disability," Burke says. He adds that Jenkins is planning to get treatment and find another job. Jenkins says the settlement negotiations "went great." But she noted that she expects to be "dealing with my shoulder the rest of my life." spokeswoman for ResCare says the company does not comment on pending or past litigation. Burke says the settlement resolves the Jenkins lawsuit but other clients still have ongoing cases. ResCare initially denied benefits for the injury despite the fact that her supervisor witnessed the incident. Jenkins endured 16 days of pain while unable to afford treatment and worried about getting back to work. "I went through hell, a whole lot of pain where I was in tears," Jenkins told NPR and ProPublica last year. "I was just thinking... 'How am I going to take care of my kidsT " ResCare reversed the denial after pressure from Jenkins' colleagues. The settlement follows a recent ruling by the Oklahoma Workers' Compensation https://www.npr.org/2016/04/14/474215041/injured-employee-featured-in-workers-comp-investigation-settles-her-case Page 3 of 12 Injured Employee Featured In Workers' Comp Investigation Settles Her Case : NPR 12/16/18, 11:45 AM Commission that declared the state's opt -out system unconstitutional. The issue is now headed to the state Supreme Court. U.S. Labor Secretary Thomas Perez told NPR last month that the agency is investigating opt -out plans. Agency investigators are trying to determine whether the plans violate workplace benefits provisions required by federal law. Perez said the opt - out alternative to workers' comp creates "a pathway to poverty" for injured workers. ProPublica's Michael Grabell contributed to this report. More Stories From NPR IN' a � ,{ F I!rlv.l 411� ONS https://www.npr.org/2016/04/14/474215041/injured-employee-featured-in-workers-comp-investigation-settles-her-case Page 4 of 12 ResCare in WV Ordered to Pay Nearly $280,000 in Back Wages and Damages 12/16/18, 11:37 AM US WBOY Archives ResCare in WV Ordered �© pay Heavy y °p 2809000 Qn Back Wages and Damages By: Bethany Butler 0 Updated: Sep 10, 201510:54 AM EDT https://www.wboy.com/archives/-rescare-in-wv-ordered-to-pay-nearly-280-000-in-back-wages-and-damages/864514816 Page 1 of 2 ResCare in WV Ordered to Pay Nearly $280,000 in Back Wages and Damages 12/16/18,11:37 AM `.z P ResO After an investigation by the U.S. Labor Department, ResCare has been ordered to pay nearly $280,000 in back wages and damages. According to the U.S. Labor Department, RSCR West Virginia Inc., doing business as Community Alternatives WV, is subsidiary of ResCare Inc. Its services provide home health care to people with disabilities. The investigation took place at the Stonewood, Clarksburg, Keyser, Parkersburg, Buckhannon, Huntington and Charleston locations. During the investigation, it was found that Community Alternatives WV incorrectly classified 55 employees, who worked as salaried service coordinators and therapeutic consultants, as exempt from overtime. The employees had worked over 40 hours per week but did not receive overtime, which violated the Fair Labor Standards Act. "It is an employer's responsibility to know and implement the labor laws that apply to them and to ensure that these laws are followed throughout their organizations," said John DuMont, director of the division's Pittsburgh District Office. "Employer's should not assume that simply paying a worker a salary or calling them a manager or coordinator means that they are not entitled to overtime. There are very specific criteria that must be met for an employee to be exempt from those requirements. We are committed, through both enforcement and education, to ensuring a level playing field for businesses and a fair day's pay for a fair day's work for all employees." The investigation also revealed that the employer did not keep accurate time and attendance records. RSCR was ordered to pay $279,919 in back wages and damages. Copyright by WBOV - All rights reserved https://www.wboy.com/archives/-researe-in-wv-ordered-to-pay-nearly-280-000-in-back-wages-and-damages/864514816 Page 2 of 2 Iowa Home Care Company to Pay $5.63 Million to Settle False Claims Act Allegations I OPA I Department of Justice 12/16/18, 11:38 AM JUSTICE NEWS Department of Justice Office of Public Affairs FOR IMMEDIATE RELEASE Tuesday, February 10, 2015 Iowa Home Care Company to Pay $5.63 Million to Settle False Claims Act Allegations ResCare Iowa Inc. has agreed to pay $5.63 million to the United States and the state of Iowa to resolve allegations that it violated the False Claims Act by submitting false home healthcare billings to the Medicare and Medicaid programs, the Department of Justice announced today. ResCare Iowa — a subsidiary of Louisville, Kentucky, based ResCare Inc. — provides home healthcare services to patients in the state of Iowa. "Home health agencies that bill Medicare and Medicaid must follow the rules," said Acting Assistant Attorney General Joyce R. Branda of the Justice Department's Civil Division. "This settlement demonstrates the Department's commitment to safeguarding taxpayer dollars and ensuring that they are used to provide medically necessary services to federal health care beneficiaries." The rules of both Medicare and the state of Iowa's Medicaid program require an independent physician to certify that home healthcare services are medically necessary and to order the specific type and amount of healthcare services to be provided by the home health agency. Additionally, since 2011, Medicare and Iowa Medicaid rules require these independent physicians to perform an in-person `face-to-face" assessment of each patient before the home health agency can bill the government for any home healthcare services. The settlement resolves allegations that between 2009 and 2014, ResCare Iowa billed the government for services provided to Medicare and Medicaid patients in Iowa without documenting compliance with these requirements. "We commenced this investigation due to concerns that this provider was not complying with the rules and was not submitting accurate claims for payment," said U.S. Attorney Kevin W. Techau of the Northern District of Iowa. "When the government pays for home-based medical services, we are dedicated to ensuring the money is well spent and medically deserving patients receive the care to which they are entitled." "Home health care providers that receive Medicare and Medicaid funds must abide by rules designed to ensure taxpayer funds are spent properly and that patients receive the appropriate care," said Special Agent in Charge Gerald T Roy of the U.S. Department of Health and Human Services Office of Inspector General (HHS -OIG). "We will continue to hold health care providers accountable for submitting improper claims." Medicaid is jointly funded by the states and the federal government. The state of Iowa, which paid part of the Medicaid funds at issue, will receive $2.32 million of the settlement amount. This settlement illustrates the government's emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership https://www.justice.gov/opa/pr/iowa-home-care-company-pay-563-million-settle-false-claims-act-allegations Page 1 of 2 Iowa Home Care Company to Pay $5.63 Million to Settle False Claims Act Allegations I OPA I Department of Justice 12/16/18, 11:38 AM between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $23.6 billion through False Claims Act cases, with more than $15.1 billion of that amount recovered in cases involving fraud against federal health care programs. This settlement was the result of a coordinated effort by the Civil Division, the U.S. Attorney's Office for the Northern District of Iowa, HHS -OIG and the Iowa Attorney General's Office. The claims settled by this agreement are allegations only, and there has been no determination of liability. Topic(s): False Claims Act Health Care Fraud Component(s): Civil Division Press Release Number: 15-161 https://www.justice.gov/opa/pr/iowa-home-care-company-pay-563-million-settle-false-claims-act-allegations Page 2 of 2 Rescare Corporation will pay $2.15 million to settle claims that it de...d the United States and the state of Texas - False Claim Act Law Firm 12/16/18, 12:25 PM ttact Us at (215) 320-6200 • Home • ♦ Our Practice o Overview o Attornyg o News & Events o Links • ♦ Federal False Claims Act o Overview o How Does it Work? o FCA Statute o ECA Statistics • ♦ States & Municipalities FCAs o States' FCAs o M nicipalities' FCAs • ♦ IRS Whistleblower Law o Overview o IRS Law • ♦ SEC Whistleblower Law o Overview o SEC Law • ♦ Common Frauds o Health Care o Pharmaceutical o Defense Contractor o Energy o Disaster Relief o Construction o Research o Financial Indus try o Medicare Part D Search Search Rescare Corporation will pay $2.15 million to settle claims that it defrauded the United States and the state of Texas The Attorney General of the State of Texas announced today that ResCare Corporation agreed to pay $2.15 million to settle a whistleblower lawsuit alleging that it defrauded the State of Texas and the United States in connection with a contract for the provision of mental health services to Medicaid recipients. United States of America ex rel. Jennifer Hudnall, and the State of Texas v. Rte -'are, Inc., et al., U.S.D.C. N.D. Tex., Civil Case No. 3:O1cvl154-H. https://www.falseclaimsact.com/case/rescare-corporation-will-pay-2-15-...ttle-claims-that-it-defrauded-the-united-states-and-the-state-of-texas Page 1 of 4 Rescare Corporation will pay $2.15 million to settle claims that it de ... d the United States and the state of Texas - False Claim Act Law Firm 12/16/18, 12:25 PM The whistleblower lawsuit was initially filed on June 18, 2001, by Ms. Jennifer Hudnall, a former Mental Health Provider who worked at ResCare facilities in the State of Texas, on behalf of the United States government and the State of Texas. The Complaint alleged that Ms. Hudnall's responsibilities with ResCare included evaluating patients and developing an individualized plan of care. * "q. Hudnall was terminated in July 2000, allegedly in retaliation for attempting to correct fraudulent practices by ResCare and adel. In its lawsuit, the State of Texas and Ms. Hudnall alleged that, since on or before June 2000, ResCare and Citadel, defrauded and continued to defraud, state and federal governments out of millions of dollars through various false or fraudulent schemes emphasizing profits over patient health and welfare. These practices included: 1. BILLING FOR MENTAL HEALTH SERVICES THAT WERE UNNECESSARY, ILLEGAL, OR WERE NEVER ACTUALLY PROVIDED; 2. FALSIFYING PATIENT RECORDS TO JUSTIFY CONTINUED BILLING FOR TREATMENTS AND SERVICES WHICH WERE OF NO HELP TO PATIENTS; 3. BACKDATING AND FALSIFYING TREATMENT PLANS AND PATIENT RECORDS TO ENSURE THAT MEDICAID ELIGIBILITY WOULD NOT LAPSE, SO THAT BILLING FOR UNNECESSARY SERVICES COULD CONTINUE; 4. BILLING FOR UNNECESSARY AND NON -REIMBURSABLE RECREATIONALACTIVITIES SUCH AS PIZZA PARTIES AND CAR RIDES; AND 5. BILLING FOR THERAPY SERVICES WHILE PATIENTS WERE ACTUALLY ASLEEP. The "qui tam" lawsuit was filed under the Texas Medicaid Fraud Prevention Act, Tex. Hum. Res. Code Ann. Section 36.001 et seq., as well as the Federal False Claims Act. Medicaid is funded both by the State of Texas and the Federal Government. The Texas Medicaid Fraud Prevention Act allows private individuals to sue companies that are defrauding the government and recover damages and penalties on the government's behalf. Those found liable can be required to pay as much as two times damages plus a penalty of up to $10,000 for each false claim submitted to the State. Similarly, those found liable under the Federal False Claims Acts are required to pay treble damages plus a penalty of up to $10,000 for each false claim. In the late 1970's, Medicaid and disability funding was expanded to include care of the mentally ill. As a result of this expansion, government spending on care for the disabled has risen from $4.3 billion in 1977 to more than $22 billion in 2000. The Texas Deoartment of Mental Health/Mental Retardation currently administers Medicaid services for approximately 550,000 Texans with form of mental illness and/or functional impairment. Since the 140 -year old statute was strengthened significantly by Congress in 1986, the Federal False Claims Act has resulted in the recovery by the federal government of almost $12 billion. More than sixty percent of all recoveries obtained under the Federal False Claims Act have come as a direct result of actions initiated by whistleblowers and their counsel. In recent years, a growing number of states across the country have passed their own False Claims Acts. Presently, twenty states and the District of Columbia have their own False Claims or Qui Tam Acts. False Claims legislation is also pending in a number of other states. The State of Texas passed its own False Claims Act in 1995. The whistleblowers are represented by Marc S. Raspanti, Esquire, Michael A. Morse, Esquire, and John H. Cochran, Esquire. Ms. Hudnall's counsel, Marc S. Raspanti, Esquire, commented that: "My client is extremely gratified because this settlement returns millions of dollars back into the Texas Medicaid program, where it can properly be used to provide treatment to some of our most vulnerable citizens. This settlement could not have been possible without the sacrifices of my client and the unprecedented teamwork between the whistleblower, the Texas Attorney General's Office and the United States Department of Justice. This case also demonstrates that the growing number of State False Claims Acts can and will play an active and prominent role in future efforts to combat fraud against taxpayers. Those who seek to defraud state taxpayers should now be on notice that they will face serious repercussions for their actions." For more information about the False Claims Act and whistleblower cases, we invite you to visit the False Claims Act Resource Center at www.falseclaimsact com. For more information about this case, we invite you to visit the internet site for the Texas Attorney General's office, located at www.oag.state.tx.us. F You Can https://www.falseclaimsact.com/case/rescare-corporation-will-pay-2-15-...tle-claims-that-it-defrauded-the-united-states-and-the-state-of-texas Page 2 of Wrongful death case of 12 -year-old disabled girl to go to trial I The Goldman Firm 12/16/18, 2:17 PM j OPAE 711e{IIT!-;1(E `TTiE�w LZ j i r T NTTjR7j(' .P,T TESTIM?. iT LS SETTLEU�AENTS- .A -ND VERDICT S ARI -3 OG CONTACT le or Ailo In Uer Via: y DV otor injuries And Premises Workers` Product Medical Nursing Ve11iclt O ronoful T iability Compensation. r,irlb- t3/ iysald�ractice home �icCi{l1 nts Death r�teglig i1{' Wrongful death casco of 12 - year -o1 d dH'sabled gRE to gro to trial �earch our site ���:rs',:_ CATEGORIES https://www.goldmanlawatlanta.com/blog/2017/02/wrongful-death-case-of-l2-year-old-disabled-girl-to-go-to-trial.shtml Page 1 of 6 Wrongful death case of 12-year-0ld disabled girl to go to trial I The Goldman Firm 12/16/18, 2:17 PM On behalf of The Goldman Firm posted in wrongful Blog_(lo) death on Friday, February 10, 2017. Medical Malpractice (12) The case of a disabled 12 -year-old girl who died in Motor Vehicle Accidents (47) August 2013 after being transferred from a state Personal Injury_(2). institution to its community-based contractor October 2018 (5) appears to be slated to soon go to trial. With Premises Liability (L1). depositions currently being scheduled, attorneys Workers' Compensation (25) have announced the case should be heard either later this year or early in 2018. Wrongful Death (M The girl's death was one of 72 that resulted from a ARCHIVES 2010 settlement with the Department of Justice. December 2018 (3) That agreement called for transferring a number of March 2018 (6) patients from out of state facilities into private ones November 2018 (6) run by state contractors. October 2018 (5) Their daughter was one of among 500 patients September 2018 (5) bF' 7 cared for in a community setting at the time August 2018 (6) Df her death. That program was being administered under the supervision of Georgia July 2018 (5) Department of Behavioral Health and June 2018 5) )evelopmental Disabilities. May 2018 (6) -he parents of the Augusta girl filed a lawsuit in Am12018 (5) )ctober 2015 after reviewing the discovery in the ase. Their filing not only accused the Macon- March 2018 (6) ased husband and wife team responsible for February 2018 (5) aring for her of wrongful death, but the Georgia January2018 (5) ate disability care contractor ResCare as well. Complete Archives the parent's lawsuit, they claim that their iughter, born with severe birth defects, received RECENT POSTS b par care once transferred. They maintain that, Should Cellphones Be Banned In The file her care plan called for her to receive Operating Room? )u '-the-clock care, she received something Common Myths About Bicycle v://www.g o I d man lawa tla nta.co m/b I og/2017/02/wro ng f ul-dea th-case-o f -12 -yea r -o Id -disabled -girl -to -go -to -tri a l.s htm I Page 2 of 6 Wrongful death case of 12 -year-old disabled girl to go to trial I The Goldman Firm much less than that. "'ey also assert that the care she did receive was rendered by improperly trained individuals lacking familiarity in caring for people with her type of disabilities. Preliminary statements made by both defendants have allegedly backed up claims they failed to provide the proper level of care for the girl. The husband, an RN at the time, worked outside the home. His his wife, an LPN, was left alone to take care of the girl on a daily basis. The couple alleges they requested additional support from ResCare to provide 24-hour support to the young girl. Their requests went unanswered. Furthermore, the parents allege that their daughter suffered significant discomfort in advance of her caretakers ultimately deciding to seek emergency c. a for her. No specific amount has been sought for the girl's wrongful death or pain and suffering as of yet. If someone you know is suspected of having received inferior quality care resulting in a wrongful death, the advice of an Atlanta attorney can help ensure that your rights are protected. Source: The Augusta Chronicle, "Lawsuit over the death of 12 -year-old girl transferred out of a state institution into community care could be headed to trial," Tom Corwin, Feb. 03, 2017 Tags: Wrongful Death Related Posts: What damages can I pursue in a w gful death action?, Federal drug regulator 12/16/16, 2:17 PM Accidents What Should You Do If You Encounter An Aggressive Driver? Follow These Tips When Driving On The Highway Subscribe To This BI g's Feed FindLaW Network Protecting the rights of people across Georgia since 1986. St. -Veen 11. Goldman Pr offle https://www.goldmanlawatlanta.com/blog/2017/02/wrongful-death-case-of-12-year-old-disabled-girl-to-go-to-trial.shtml Page 3 of 6 Backgrounds Online Blog - Care Giver Hired Despite Failed Background Check Background Screening Solutions `SII%Us < Blog Home 12/16/18, 2:43 PM 800-S;8-4804 Contact Log In Stint Screer?ing Care Giver Hired Despite Failed Background Check Monday, September 21, 2015 10:24:36 AN BackgroundsOnline _ September 21, 2015 ResCare, a home care company, is being sued after hiring a woman who failed her background check and lied on her application. Frank Calcaterra's family alleges ResCare placed Tangle Coleman into the home of the elderly man who was looking for someone to help take care of his wife, Jonnie. 1" )n Jonnie passed away in 2012, Coleman took Calcaterra to Ohio and married him. After his daughters finally removed him from his home in 2014, he was broke, malnourished, and living in a basement while Coleman and her mother lived upstairs. Calcaterra's family estimates Coleman obtained between $1 million and $1.5 million in cash and valuables from Calcaterra, who is a wealthy former funeral home owner. Calcaterra's family alleges ResCare's claims about the quality of their background checks and employees is false. "After Tangle finished stealing all of Frank and Jonnie's money and possessions, the family was stunned to learn that at the time of her hiring Tangie was wanted on two felony charges and had been convicted of two misdemeanors," the family said in a court filing. "ResCare's failure to do a thorough background check... resulted in a predator being planed into Frank and Jonnie's home." https://www.backgroundsonline.com/blog/2015/09/care-giver-hired-despite-failed-background-check/ Page 1 of 4 Backgrounds Online Blog - Care Giver Hired Despite Failed Background Check 12/16/18, 2:43 PM According to the lawsuit, the background check obtained by ResCare was not thorough enough and supposedly missed two felony warrants for Coleman relating to auto theft and check fraud. Even though the background check did reveal two misdemeanor convictions, which proved she lied on employment application where she claimed she had no convictions, ResCare hired her anyway and failed to inform the family. In addition, Coleman had been reprimanded and had her pay docked for charging a large number of personal calls to the account of another elderly client she was caring for before being placed with Calcaterra. ResCare failed to report that incident. ResCare also assured the family Coleman was licensed which was also found to be false. A spokeswoman for ResCare, Nel Taylor, declined to comment on the allegations, saying "I'm sorry, but we cannot discuss pending litigation." When hiring people to care for those in vulnerable state, Backgrounds Online recommends a thorough background check which includes criminal records searches, as well as drug screening, and employment and reference verifications. Give us a call today to get started! Source 1 Recent Posts Hiring And Background Screening In New York • Chicago Public Schools Part Ways With Hundreds Of Workers • Uber May Not Be Allowed To Operate In London • PA School Closed Due To Lack Of Background Checks • New Orleans Passed A Ban The Box Law • San Francisco Updated Their Fair Chance Ordinance • California Is Changing Rules For The Sex Offender Registry • The Importance Of A Proper Adverse Action Policy • A Convicted Murderer Got A Job Working With Children • Omnicare Sued For $1.3M For A Background Screening Violation • A Hampton City Employee's Shocking Criminal History • A CA Supreme Court Decision Regarding Background Checks • Hiring The Wrong Person: What's At Stake Lyft Will Run Comprehensive Background Checks https://www.backgroundsonline.com/blog/2015/09/care-giver-hired-despite-failed-background-check/ Page 2 of 4 Homecare giant ResCare faces lawsuit after caretaker with a criminal ... d autistic man I News I San Luis Obispo I New Times San Luis Obispo SEARCH NTARCHIVES LOGIN Luke G ghar_ ':.Eet -3ae= Email Favorite Share News December 23, 2015 Homecare giant ResCare faces lawsuit after caretaker with a criminal past allegedly attacked autistic man BY CHRIS MCGUINNESS The video is disturbing. It's July 20 and the alleged victim, a severely autistic man in his early 20s, sits at a table playing with a puzzle in a living room. After arguing about what appears to be a -ssible trip to the beach, the man's caretaker, identified as Scott Allen Rogers of &Care HomeCare, walks behind the man, grabs him, and violently lifts him out of the seat. A struggle ensues. The two fall behind a table, and the view is obscured. Rogers can be heard grunting. The man yells and calls out to an otherwise empty home, a yurt in Cayucos. The sounds continue as the young man is dragged by the arm outside a door and out of view. The sounds of the struggle continue. At some point a man, presumably Rogers, can be heard saying, "God, I can't believe you did that' That video and at least one other, taken by a hidden camera, are the basis for a lawsuit brought by the man's mother against Rogers and ResCare, the company who employed him. The suit was filed in SLO Superior Court Dec. 8 by local attorney Jeffery Stulberg. It claims that Rogers willingly battered the young man, who is described as "wholly dependent on others" in order to engage in the activities of daily life. The lawsuit claims that Rogers restrained the young man, twisted his arm, pushed him to the floor, and also kicked him. "[Rogers'] misconduct was egregious and click to enlarge r �r...nt �- PHOTO BY DYLAN HONEA-BA[1hL1NN DISTURBING ALLEGATIONS: A recent lawsuit accuses homecare giant ResCare of failing to conduct a proper background check on an employee who allegedly attacked an autistic man. 12/16/18, 2:04 PM SUBSCRIBE SEARCH, FOND, EAJGV EVENTS music DINING All Dates. -All Categories- -All Neighborhoods- .__ __.__, Find Events SVNNRAN EVENT MORE BY CHRIS MCGUINNESS Addiction videotaped," the suit states. treatment advocates worry cos claim to show the aftermath of the alleged incident. The young man appeared about the impact https://www.newtimesslo.com/sanivisobispo/homecare-giant-mscare-fac...a-criminal-past-allegedly-attacked-autistic-man/Content?oid=2946977 Page 1 of 5 Homecare giant Res Care faces lawsuit after caretaker with a criminal...d autistic man I News I San Luis Obispo I New Times San Luis Obispo 12/16/18, 2:04 PM to have a large, circular mark on his arm, as well as what appear to be other abrasions on his arms and forehead. Rogers can be seen later on the tape showing the marks to the man's mother, who is his guardian. He tells her that marks occurred when the to was sitting in his truck and began "kicking and grabbing" at him. Rogers says me man fell down near his truck, but doesn't mention the struggle inside the house. The young man can be heard saying, "watch it" as Rogers moves close to show his mother the marks. According to documents obtained by New Times the man's mother later text messaged Rogers and asked him not to return to the home. "I know today was rough with [the victim] and that he tries your patience, but you crossed the line in trying to get him to the beach'" she wrote. .s isn't the first time that Rogers was accused of such behavior. According to the lawsuit, he's been charged two times before with assault -related offenses in San Luis Obispo County. The first incident occurred in 2008. During his employment at Atascadero State Hospital, Rogers reportedly groped the breast of a female coworker. According to a 2013 filing by the California Board of Vocational Nursing and Psychiatric Technicians, Rogers was initially charged with sexual battery in connection with the incident, but later took a plea deal and was placed on probation after he pleaded "no contest" to a misdemeanor assault charge. The second incident occurred in 2011, when Rogers, according to Atascadero police, grabbed his then 19 -year-old son by the throat and threatened him with a hunting knife. He was initially charged with assault with a deadly weapon, but again the charge was dropped to a misdemeanor assault charge after he pleaded "no contest" in SLO County court. In 2013, the state board revoked his psychiatric technician license because it said Rogers failed to disclose those convictions and failed to cooperate with the board's investigation. The board's documents did note that Rogers was trying to improve his situation, had complied with the terms of his probation, worked to mend the relationship with his son, and rebuild his life. "However, his crimes are serious and relatively recent.... At present, the order that fws is necessary for the protection of the public," the board wrote. of SLO County strike on Drug and Alcohol Services Dec 13, 2018 Man accused of killing his father sued for wrongful death Dec 13, 2018 Man who threatened Women's March members sentenced Dec 13, 2018 More NEWEST SLIDESHOWS Engulfed in Flames: The historic Pozo Ignite Fire Dance of Saloon returns Santa Maria MORE SLIDESHOWS...» https://www.newtimessio.com/sanluisobispo/homecare-giant-rescare-fac... a-criminal-past-allegedly-attacked-autistic-man/Content?oid=2946977 Page 2 of 5 Homecare giant ResCare faces lawsuit after caretaker with a criminal ... d autistic man I News I San Luis Obispo I New Times San Luis Obispo 12/16/18, 2:04 PM New Times was unable to reach Rogers for comment on the matter. The lawsuit alleges that ResCare failed in its duty to conduct a proper background `eck on Rogers. 'Had ResCare performed even the most rudimentary of such background checks, it would have discovered that [Rogers] had been convicted of violent assaults in 2009 and 2011 in SLO County," the suit states. ResCare Inc. is a massive corporation that runs residential and in-home care services in locations across the United States, including a branch in SLO. While the company's website does state that ResCare conducts criminal background checks on employees, it does not specify what crimes are considered. Robert Bradshaw, regional manager for ResCare's SLO location, declined to state whether or not the company knew about Rogers' past. However, the 2013 filing by the California Board of Vocational Nursing and Psychiatric Technicians stated that Bradshaw wrote them a letter stating that Rogers had been working part-time with the company since 2010 and described him as "caring, compassionate, and competent." ResCare's corporate headquarters also declined to answer questions from New Times about the case and the specifics of criminal background checks on employees. "I apologize, but after looking into this, since it is pending litigation, we are unable to comment about this situation at this time based on our organization's policy," ResCare's director of communications, Kristen Trenaman, wrote in an email response - New Times. The allegations are far from the first time the company has faced accusations of mismanagement. In September, a family in Detroit sued the company, claiming it failed to conduct a proper background check on one of its homecare workers, who they say tricked an elderly widower into marrying her and bilked him out of $1 million. According to the Detroit Free Press, that caretaker was wanted for two felony charges and was convicted of two misdemeanors. The case was dismissed in October. In October, police in Greenville, Ind., arrested a ResCare employee who allegedly left three severely disabled people in a van for hours while he went shopping at a local mall. In April, a group home for the developmentally disabled located in Austin, Texas, run by ResCare lost its license to operate after a severely autistic man escaped the facility and was shot and killed after an Austin resident thought he was trying to break into his home. As of Dec. 21, neither ResCare nor Rogers had responded to the lawsuit. According to the SLO County District Attorney's office, Rogers hasn't been charged with any crime in connection to the incident. An incident report from the SLO County Sheriffs Office indicated that an incident of dependant adult abuse was reported July 20 at a residence in Cayucos. Sta`(fWriter Chris McGuinness can he reached at cmcguinness@newtimesslo.com, or on Twitter at @CWMcGuinness. Taos: News Dec 14 SLO New Times: Glen and Anna Starkey review'At Eternity's Gate' in this... Dec 14 SLO New Times: Glen and Anna Starkey review'At Eternity's Gare' in this... ( J Dec 14 TRENDING NOW https://www.newtimesslo.com/sanluisobispo/homecare-giant-rescare-fa...a-criminal-past-allegedly-attacked-autistic-man/Content?oid=2946977 Page 3 of 5 Georgia outsources care for the disabled to for-profit companies myAJC I The Atki=i J��nlpint�Il�CC®� �n �nttn®�n ._ .y :_t..,".y Thing To Do Georgia outsources care for the disabled to for-profit companies 12/16/18, 2:02 PM ! ac: -1 _ _•.-t I April 10, 2017 By LI, cd, The Watchdog blog Georgia and other states are increasingly relying on for-profit companies to care for people with developmental disabilities — S::rnet;mec `fiJ rill CiISa STrOiI> cons Ciusnces. Advertisement https://www.myajc.com/blog/investigations/georgia-outsources-care-for-the-disabled-for-profit-companies/cUBeEg5rPYc6yRMN027nkN/ Page 1 of 4 Georgia outsources care for the disabled to for-profit companies An investigation by The Atlanta Journal - Constitution found that inadequate staffing, poor training and incessant cost-cutting measures in for-profit group homes put residents at risk. In Georgia alone, 53 people died under the care of two of the nation's biggest for-profit companies between 2014 and 2016, the Journal - Constitution found. At least 46 of the deaths were unexpected and may have been preventable, state reports suggest. Georgia contracts with about 200 companies to care for disabled people, many of whom formerly lived in state psychiatric hospitals. The largest of the providers is PesCai8 inc., based in Louisville, Kentucky. It operates in 42 states, where it serves 60,000 clients with 45,000 employees. Georgia paid the i' Ji 1 NORTHSME HOSPITAL .�y CANCER INSTITUTE 12/16/18, 2:02 PM https://www.myajc.com/blog/investigations/georgia-outsources-care-for-the-disabled-for-profit-companies/cUBeEg5rPYc6yRMN027nkN/ Page 2 of 4 Georgia outsources care for the disabled to for-profit companies company more than $79 million during the 2016 fiscal year. In 2012, Georgia outsourced the care of Christen Gordon, a profoundly disabled child who had spent most of her life in a nursing home unit at Ca _rai -. ios I, I i -I "'I u1� -dz;r_„iile. Fifteen months later, she was dead. ADVERTISEMENT SCROLL TO CONTINUE READING Read about what happened to Christen at myajac�rz. About the Author 12/16/18, 2:02 PM https://www.myajc.com/blog/investigations/georgia-outsources-care-for-the-disabled-for-profit-companies/cUBeEg5rPYc6yRMN027nkN/ Page 3 of 4 Creative Networks to Pay $57,500 to Settle EEOC Disability Discrimination Suit ..S. qual Employment �`'r"-porkin:ty C.01iifillssion 12/16/18, 11:41 AM Esnai,cl l Diner Ln.-,— .=. Enter search terms... Search CONNECT VViTH US ® 11 U © a, Enpn✓s $A..Erlye- �snc1 ps FrvsClar al Ar,,an c,,s�.:?"I,al.T i... About E0 Home > About EEOC > Newsroom > Press Releases Overview Language (ASL) interpreting services costing more than $200 to complete its pre - Programs PRESS RELEASE The Commission & 9-23-13 the General Counsel interpreting services necessary to complete the company's mandatory 24-hour pre - Meetings of Comm Commissionn Creative Networks to Pay $57,500 to Settle EEOC Outreach & Disability Discrimination Suit Open Government Instead, the EEOC said, Creative Networks offered Duran a mere $200 towards the cost of Newsroom Disability Services Company Refused to Provide Deaf Applicants With Sign Language Laws, Regulations, During Training, Federal Agency Charged Guidance & MOUs afford the interpretation services. When Duran was unable to attend the training due to Budget & PHOENIX - Creative Networks, LLC, will pay $57,500 and furnish other relief to settle a Performance disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission Enforcement & (EEOC), the agency announced today. Creative Networks provides services to disabled Litigation clients and is a Phoenix -based subsidiary of ResCare, Inc. Initiatives In its suit, the EEOC charged that Creative Networks violated federal law by adhering to a Task Forces rigid policy of denying deaf and hearing-impaired applicants' requests for American Sign Interagency Language (ASL) interpreting services costing more than $200 to complete its pre - Programs employment orientation and training. The EEOC accused Creative Networks of Publications discriminating against Rochelle Duran, a deaf applicant, by denying her request for ASL Statistics interpreting services necessary to complete the company's mandatory 24-hour pre - employment orientation and training program. Outreach & Education Instead, the EEOC said, Creative Networks offered Duran a mere $200 towards the cost of Legislative Affairs 24 hours of ASL interpreting services, even though the company knew that the actual cost FOIA would far exceed this arbitrary limit. Creative Networks admitted it had sufficient resources to Privacy afford the interpretation services. When Duran was unable to attend the training due to Creative Networks' refusal to provide her with a reasonable accommodation, the company Doing Business with EEOC then declined to hire her. Jobs & Internships Last year, Judge David Alan Ezra of the U.S. District Court for the District of Arizona held as EEOC History a matter of law that Creative Networks failed to accommodate and failed to hire Duran Office of Inspector because of her disability in violation of the ADA. (EEOC v. Creative Networks L.L.C., 09 -CV - General 02023, D. Ariz.). Title I of the Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified individuals in job application procedures, hiring, and job training because of https://www.eeoc.gov/eeoc/newsroom/release/9-23-13a.cfm Page 1 of 2 Creative Networks to Pay $57,500 to Settle EEOC Disability Discrimination Suit 12/16/18, 11:41 AM disabilities, and also mandates that employers provide reasonable accommodations to people with disabilities absent undue hardship. At the time of settlement, the case was scheduled for trial on monetary damages and injunctive relief. "1 am thrilled with this settlement and sincerely hope this is a lesson for Creative Networks and other employers that do not know about or understand the necessity of providing reasonable accommodations without impediments," said Duran, who initially filed the discrimination charge against Creative Networks with the EEOC. "What means the most to me is that this is a win for the deaf community and future deaf applicants." EEOC Trial Attorney Hillary Valderrama said, "It is vital that employers' policies reflect the importance of providing equal employment opportunities for applicants and employees with disabilities. I am pleased that Creative Networks has agreed to inform applicants and employees of their rights and to change its policies in order to provide these individuals with reasonable accommodations under the ADA." EEOC Regional Attorney Mary Jo O'Neill added, "One would expect that a disability services company would be the last place to commit disability discrimination. For over 20 years, it has been a violation of federal law for employers to refuse reasonable accommodations to qualified applicants and employees with disabilities. One size does not fit all - any policy that imposes an absolute limit on an accommodation risks violating the ADA. Employers must take the time to individually assess the accommodations that qualified applicants and employees with disabilities need and to engage them in a dialogue aimed at enabling them to do the job. It's what the law requires, and it's just good business." District Director Rayford O. Irvin, of the EEOC's Phoenix District Office, added, "Employers must take the time to learn what reasonable accommodations qualified applicants and employees with disabilities need and evaluate the employer's ability to meet those needs rather than creating rigid policies that limit the availability of reasonable accommodations." The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov. r. a e 7 CONNECT WITH US LAA A: W Privacy Policy I Disclaimer I USA.Gov https://www.eeoc.gov/eeoc/newsroom/release/9-23-13a.cfm Page 2 of 2 Care facility disputes OSHA findings News Community Sports Entertainment Life More 12/16/18, 2:10 PM d- q 45° search Subscribe Now Log in Care facility disputes OSHA findings Updated Oct 10, 2012 By Eric Robinette, z.www.fairfield-echo.com G V ••e FAIRFIELD — A nursing home fined by OSHA is disputing allegations that it failed to protect employees from workplace violence. ResCare Ohio Inc. was cited by the Occupational Safety and Health Administration for exposing employees to workplace violence at the facility, which operates as Camelot Lake. OSHA claimed workers have been exposed to physical assaults during routine interaction with residents who have a history of violent behavior. The agency last week proposed penalties of $8,700. Felicia Hall, the executive director of ResCare Ohio Inc., said in an email to the JournalNews, Monday, "We have scheduled a conference with OSHA to discuss and resolve the issues. We provide care for individuals with developmental, intellectual and physical disabilities, many of whom are unable to move without assistance. We disagree with the proposed findings and look forward to the opportunity to meet with OSHA regarding them" Bill Wilkerson, OSHA's area director in Cincinnati, had said in a statement, "These citations reflect a clear and pressing need for employers operating residential care facilities to develop Advertisement Most read Car crashes into Butler County El gas station F-7 High School Football: How Tom https://www.journal-news.com/news/care-facility-disputes-osha-findings/alors14KV8fOvl4BibG4TN/ Page 1 of 4 Care facility disputes OSHA findings wi i IPI ei MI wives ai IU W icurvc NI vyi ai i w u iai Ni Uaurvaiy auuicoo workplace violence situations" ADVERTISING Camelot Lake accumulated a total of 20 workplace violence cases from 2009-12, resulting in 53 days away from work and 37 days of restricted duty, according to OSHA. A serious violation of OSHA's "general duty clause" involves failing to provide a workplace free from recognized hazards likely to cause serious injury or death. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known, the agency states. An investigation was initiated March 26 under OSHA's Site - Specific Targeting Program and a national emphasis program targeting nursing home facilities. Download the Journal -News app Get the latest Butler County news you want, when you want, in this free app from Journal -News. Click a link below to get the app. Hall, who has been the executive director of ResCare since March of this year, would not comment further on the investigation. She said the facility, which has been operating ,ince 1985, currently has 36 residents. 12/16/18, 2:10 PIA i ` I Bolden Found His Way To Lakota West Fake credit card used to charge $2,500 at West Chester hotel Advertisement https://www.journal-news.com/news/care-facility-disputes-osha-findings/alors14KV8fOvl48ibG4TN/ Page 2 of 4 Shooting death lawsuit settled I News I kpcnews.com 12/16/18, 2:16 PM i�:a:u"r+aL-g4,s-y-'•�+•.CLICK HEREf.�:� ihrYa'z--,.,_�¢.r6N'�ea�i; a,®.....,a71 :.. t, �. ....... _.n._ � ......s..... https://www.kpcnews.com/news/latest/article_93h46c99-ob97-548r83od-93f3623e3686.html Shooting death lawsuit settled BY KATHRYN BASSBTr kathrynb@kpmn .net Jun 6, 2012 AUBURN —The employer of a woman who was murdered on New Yeats Day 2010 in Auburn has agreed to pay her estate $300,000, according to documents filed Friday in DeKalb Superior Court If. Melissa Kay Patrick, 32, was fatally shot in a group home where she cared for four adults. Ronnie R. Jones of Fort Wayne was convicted of her murder and other offenses committed on the same day and is serving 103 years behind bars. In September 2010, Patrick's mother, Yvonne Griffith of IaGrange County, sued Patrick's employer, Res - Care Inc. and Voca of Indiana. Acting as the personal representative of Patrick's estate, Griffith was represented by attorneys Allen Stout of Angola and John Theisen of Fort Wayne. According to the suit, Patrick worked for Res -Care as a certified nursing assistant at 2125 Lorraine Drive, on the north side of Auburn. The suit said Patrick was home with her three minor children on Jan. 1. 2olo. Before going to work at Res -Care later that day, Patrick called the management of Res -Care. Patrick said she did not want to report to work because she was afraid for her life, since she had received about 400 text messages from Jones in the prior 24 hours, the suit said. According to the suit, Res -Care ordered Patrick to work and did not have anyone working with her. The suit said Res -Cue and/or Vora had a duty to use reasonable care to protect Patrick from harm while at work and had a duty to provide a safe place to work The suit said Patrick's estate has suffered damages including, but not limited to, $u,go9 in funeral and burial expenses, $1o,569 to open and administer the estate and $5.555 in legal fees. The suit asked for damages to compensate the estate for its losses under Indiana's wrongful death suit, special damages including, but not limited to, ambulance and funeral bills, the cost of administering the estate, pre judgment interest, costs of the actions and all other appropriate relief. https://www.kpcnews.com/news/latest/article-93b46c99-Ob97-548c-830d-93f3623e3686.htmi Page 1 of 2 Shooting death lawsuit settled I News I kpcnews.com A motion for consent to settle filed by Stout said the parties reached a settlement May 29, contingent upon approval by the court. Res -Care Inc. and Voca of Indiana have offered to pay Patrick's estate $3oo,000. Griffith, the personal representative of the estate, has agreed to accept the amount, the motion added. . ne court will consider the motion to settle Monday at 2 p.m. In a separate case, Patrick's family sued Jones for damages. In August 2010, Judge Monte Brown of DeKalb Superior Court II ordered Jones to pay $2.29 million in damages. This Week's Circulars ownlo 56- Today ..-. Snl rt ins ,grelA' .Arm s®s129 s448 Hover for Circular JCPenney - wroro t 4u i. . Hover for Circular 12/16/18, 2:16 PM LL ; STAPfFC Hover for Circular https://www.kpcnews.com/news/latest/article 93b46c99-Ob97-548c-830d-93f3623e3686.htmi Page 2 of 2 US Labor Department's OSHA fines ResCare Ohio for inadequate workpl... in Fairfield, Ohio I Occupational Safety and Health Administration 12/16/18, 11:54 AM News Releases / US Labor Department's OSHA fines ResCare Ohio for inadequate workplace violence safeguarc TOSHA News Release - Region 5 U.S. Department of Labor Please note: Information in some news releases may be out of date or may no longer reflect OSHA policy. Region 5 News Release: 12 -1922 -CHI Oct. 3, 2012 Contact: Scott Allen Rhonda Burke Phone: 312-353-6976 Email: allen.scott@dol.gov burke.rhonda@dol.gov US Labor Department's OSHA fines ResCare Ohio for inal workplace violence safeguards at residential care facility in Fe F^1RFIELD, Ohio - The U.S. Department of Labor's Occupational Safety and Health Administration has cited Res( L. company's Fairfield residential care facility, which operates as Camelot Lake. OSHA has proposed penalties of "These citations reflect a clear and pressing need for employers operating residential care facilities to develop com workplace violence situations," said Bill Wilkerson, OSHA's area director in Cincinnati. "Prevention, protection, con caregivers against possible injury in the workplace." An investigation was initiated March 26 under OSHA's Site -Specific Targeting Program and a national emphasis pn restricted, transfer, or "DART," rate of 10 or higher per 100 full-time workers. Camelot Lake accumulated a total of , days away from work and 37 days of restricted duty. Employees have been exposed to physical assaults during rot behavior. A serious violation of OSHA's "general duty clause" involves failing to provide a workplace free from recognized ha occurs when there is substantial probability that death or serious physical harm could result from a hazard about w Three other -than -serious violations involve failing to post a SUMMARY for lost or restricted work days due to injury injury and illness logs upon request for 2009 and 2010, and conduct annual reviews and updates of the company's is one that has a direct relationship to job safety and health, but probably would not cause death or serious physics OSHA established the National Emphasis Program for Nursing and Residential Care Facilities to provide guidance 1 targeting and conducting inspections focused on the hazards associated with nursing and residential care. In 2010 nl 'ng and residential care facilities experienced one of the highest rates of lost workdays due to injuries and illne: https://www.osha.gov/news/newsreleases/region5/10032012-0 Page 1 of 2 US Labor Department's OSHA fines ResCare Ohio for inadequate workpl... in Fairfield, Ohio I Occupational Safety and Health Administration 12/16/18, 11:54 AM OSHA's "Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers" resource is avail: http://www.osha.gov/Publications/OSHA3148/osha3l48.html. Additional information on workplace violence is avai �-",)://www.osha.gov/SLTC/workplaceviolence/index.html. Information for employers and employees in nursing hot aonomics and workplace violence, is also available at http://www.osha.gov/SLTC/nursinghome/index.html. The company has 15 business days from receipt of its citations and proposed penalties to comply, meet informally independent Occupational Safety and Health Review Commission. This inspection was OSHA's fourth of the facilit, workplace violence. ResCare Ohio employs more than 270 workers, including 50 at the Camelot Lake facility who provide daily care for provides residential, therapeutic, job training and educational support to people with developmental and other disa special needs. Based in Louisville, Ky., ResCare and its nearly 45,000 employees serve some 57,000 people daily it To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or call OSHA's toll-free hotline at 800 -321 -OSHA (6742) or the agency's Cincinnati Area Office at 513-841-4132. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful conditions for America's working men and women by setting and enforcing standards, and providing training, educ http://www.osha.gov. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available by calling 202-693-7828 or TTY 202-693-7755. UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Affordable Care Act Disaster Recovery Assistance USA.gov Recovery Act No Fear Act No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY Frequently Asked Questic A - Z Index Freedom of Information A Read the OSHA Newslett Subscribe to the OSHA N OSHA Publications Office of Inspector Gener https://www.osha.gov/news/newsreleases/region5/10032012-0 Page 2 of 2 Man Charged With Rape Of Disabled Woman In Penryn v CBS Sacramento 12/16/18,12:19 PM pili 1��,y� t,�,1 i Sacramento = MENU NEWS WEATHER SPORTS BESTOF �t Man Charged With Rape Of Disabled Woman In Penryn By Derek Shore December 13,2012 at 10:16 am Fled Under: Penryn, Placer County Sheriff's Office PENRYN (CBS13) -A man has been arrested and charged with the rape of a disabled woman who was living in a Penryn care facility. CBS13 reported Dec. 6, 2011 that the 34 -year-old woman was six months pregnant and that Placer County Sheriff's Office detectives were investigating the circumstances of her pregnancy. "He can stay there and rot for all we care;'said Patricia. Patricia, as she wanted to be known, says she had no clue what her son's friend was accused of - a brutal rape. Marquis X. Montgomery, 22, was arrested in Sacramento County on Wednesday and booked into the Placer County Jail on $150,000 bail. According to Lt. Mark Reed, the sheriff's office has been looking for Montgomery for more than a Marquis Montgomery month and tracked him down in the Elverta area on Wednesday night. Patricia says that Montgomery stayed at her home for about two weeks. "We couldn't get rid of him;'she said. The victim, described as severely disabled and blind, was living at the Casa del Mar care facility on Butler Road. It's operated by FOLLOW US OUR NEWSLETTER 13 Sign up and get our latest headlines delivered right to your inbox! 'Email address MOST VIEWED 0 An Extra $500A Month? 100 Residents To Be Selected For Basic Income Pilot Program O Contractors Fired After Posting Offensive Photos From Camp Fire Burn Zone O https://sacramento.cbsiocal.com/2012/12/13/man-charged-with-rape-of-disabled-woman-in-penryn/ Page 1 of 4 Man Charged With Rape Of Disabled Woman In Penryn a CBS Sacramento ResCare California. "It's definitely a victim that can't, that doesn't have the ability to fight back;" Reed said. Montgomery is a former worker at the facility but left before sheriff's investigators could get a DNA sample from him, Reed said. The sheriff's office had a DNA test done after the baby was born and connected Montgomery through family DNA, Reed said. A warrant will be issued to take a DNA sample from Montgomery, he said. ResCare contacted the sheriff's office about the woman's pregnancy last year and the state Department of Public Health also initiated an investigation of the facility. Results of that investigation weren't released. ADVERTISING �_-arn More inRead inv.W.d by Teed. The care facility issued this statement in part: "From the beginning, we have cooperated fully with investigators by immediately reporting the crime and providing all necessary information to assist them throughout the course of the investigation. Our primary concern is and has always been the safety of the people we support" Montgomery is scheduled to be arraigned on Friday at 1 p.m. Comments 12/16/18,12:19 PM 3 Police: Woman Threw Baby Twice During Argument Over Amazon Purchases O 4 Towing Company Investigated After Stolen Truck Found Stripped in Yard D 5 Vigil Held For Autistic Student Who Died After Being Restrained At School OO 6 Business Owner Gives Employees Affected By Camp Fire Free Trailers (9 7 Woman Who Tried To Kill Herself By Driving Wrong Way On Freeway Sentenced To Life In Prison 8 Marysville Middle Schoolers Given Pot Brownies At School Woodland Business Owners Gives to Stranger in Need, Community Pushes To Support Her Business O 10 Heart Left On Southwest Flight Makes It To Destination In Time To Save Lives O https://sacramento.cbslocal.com/2012/12/13/man-charged-with-rape-of-disabled-woman-in-penryn/ Page 2 of 4 Tampa Bay Workforce Alliance squandering tax dollars (2011) 1 wtsp.com 12/16/18, 2:07 PM mmu rO NEWS WAT LIVE 80 On Ak415AM Tampa, FL 1/V&q HER ALERT 4 Weaihee Alerts CLOSE Tampa Bay Workforce Alliance squande&g tax dollars (2011) Several WTSP viewers contacted the 10 News Investigators after a week-long training class from Tampa -based company Knowledge Quest Inc., arranged through the Tampa Bay Workforce Alliance. TAMPA, Florida (This story first appeared on WrSpcom in Sept 2011) — The 10 News Investigators have discovered a local agency gutted two years ago for outrageous spending practices has squandered tax dollars once again; this time, by allowing an unqualified company to claim limited federal Workforce Investment Act(WIA) funds. Several WISP viewers contacted the 10 News Investigators after a week-long training class from Tampa - based company Knowledge Quest Inc., arranged through the Tampa Bay Workforce Alliance. The unemployed or under -employed workers all claimed they were promised full-time customer service jobs if they went through week-long training. https://www.wtsp.com/article/news/investigations/tampa-bay-workforce-alliance-squandering-tax-dollars-2011/67-511241396 Page 1 of 6 Tampa Bay Workforce Alliance squandering tax dollars (2011) 1 wtsp.com 12/16/18, 2:07 PM 2018: Tampa lobs chief under fire for fudgjug numbers and b'g_p&y Except not only were there no jobs for half the class, the 'students" complained the expensive training was a waste of time, teaching them menial tasks like how to write a cover letter. Yet Knowledge Quest still collected $1,995 for each of the 15 students in the week-long April session. This email will be delivered to your inbox once a day in the morning. ENTER EMAIL HERE "I feel hurt, I feel deceived, and I feel cheated," said Opal Raglin, who says she was promised a job if she attended the training. "I started telling people in the class, 'something is just not right with this thing'" "What angers me" said unemployed veteran Mike Flanagan, 58, "is taking advantage of not only a veteran who served our nation but also other individuals that participated in my class" Knowledge Quest raked in nearly $30,000 for the class and because the Tampa Bay Workforce Alliance had just added the company to its approved vendors list the entire training was paid for by WIA funds, which Workforce oversees. However, after speaking to more than a half-dozen people in the class and nearly 50 public records requests, the 10 News Investigators found Knowledge Quest's application to Workforce contained numerous falsehoods. And Workforce never bothered to verify them. Among the misrepresentations: • Knowledge Quest claimed accreditation through FLDOE's Commission for Independent Education • Knowledge Quest promised to report data to through the state's FETPIP system, which it was not registered with • Knowledge Quests April training would last 72 hours, yet a course syllabus included less than 40 hours of training Tampa Bay Workforce CEO Ed Peachey, who took over the helm of the agency after the 2010 scandal over emolovgen ing on of food & beveragg, told 10 News that Workforce may not have fully vetted Knowledge Quest's qualifications earlier this year before recommending approval to the board in March. However, after 10 News started asking questions and Peachey spoke to Knowledge Quest, he said in August he was content with the company's explanation for why it wasn't accredited: it was teaching accredited classes. But the 10 News Investigators learned Knowledge Quest simply provided Peachey with old - and sometimes unfunded - contracts with USF, Pensacola Jr. College, and Florida Keys Community College. All three institutions told 10 News that the classes were non-credit, non -accredited classes - something Workforce could have found out with a simple phone call or email. Knowledge Quest has since removed claims of being "college -accredited" from its website, although archives of the claim from 2010 still exist. The archive also saved Knowledge Quest's boast of "15 Years of sound executive leadership experience entrenched within our current staff along with an additional 17 years of technical and telecommunications experience" YLt—nQw,_wp years later, those numbers have jumped to 25 and 27 years, respectively. https://www.wtsp.com/article/news/investigations/tampa-bay-workforce-alliance-squandering-tax-dollars-2011/67-511241398 Page 2 of 6 Tampa Bay Workforce Alliance squandering tax dollars (2011) 1 wtsp.com 12/16/18, 2:07 PM Peachey blamed any oversights on Workforce's contract company, ResCare, which ran the agency from mid -2010 to mid -2012 after the spending scandal. Yet when Peachey started hiring employees back under the Workforce umbrella this summer, he says almost all of the ResCare employees were retained. Regional workforce boards like Tampa Bay Workforce play pivotal roles in helping Floridians get back to work. They oversee Florida's One -Stop Career Centers, and are responsible for distributing federal funds designated for unemployed, under -employed, and displaced workers. New laws went into effect this summer to ensure more accountability among regional workforce agencies after multiple scandals around the state. Knowledge Quest's president, Cesar Ruiz, repeatedly declined formal interview requests with 10 News but said via phone that the reason the unhappy viewers contacted 10 News was not because of worthless training, but because background checks wound up costing them the jobs. Ruiz said jobs were lined up — but never promised. However, Ruiz later changed the story, saying leadership changes at the hiring company froze the positions they expected to fill Knowledge Quest may also have exaggerated a number of its other relationships, including that it "partners with public school districts across the country." Among its claims, a relationship with the Hillsborough County School District in 2011, Knowledge Quest ran a STEM -themed summer program for students at Middleton High. But while Middleton's principal said it was a good experience for his students, public records requests to the district yielded no documents in connection to the course: the district has never paid Knowledge Quest nor have any Knowledge Quest grants gone through the school. The training may have been provided for free, allowing Knowledge Quest an opportunity to claim a relationship with the district. Knowledge Quest, while unsuccessfully chasing a 776,720 school "turnaround" contract in Monroe,La. claimed a history of working with schools across the country. However, the 10 News Investigators learned most — if not all —of the company's claimed "experience" in working with schools was from Vice President Jose Otero's tenure working with Rescare, prior to going to Knowledge Quest. School board members in Monroe, who narrowly voted down the lucrative proposal last year, said they had no faith in Knowledge Quest based on its lack of references. At this point in time, they have no track record of what they have turned around," Monroe Federation of Teachers and School Employees president Sandie Lollie told The News -Star at the time. "I can find no documentation as to the validity of what they claim they can do." https://www.wtsp.com/article/news/investigations/tampa-bay-workforce-alliance-squandering-tax-dollars-2011/67-511241398 Page 3 of 6 Tampa Bay Workforce Alliance squandering tax dollars (2011) 1 wtsp.com 12/16/16, 2:07 PM in its dealings with Tampa Bay Workforce, Knowledge Quest also claimed a relationship with USF, including the misrepresentations on page 4 of its application and an indication on its website that USF professor Dr. Willie Moreno was the head of one of its division. USF officials tell 10 News there has never been any contractual relationship between the university or Moreno. While Moreno says he taught one class for Knowledge Quest in 2008, USF says its only proposed relationship - a 2011 youth program —was never funded. Public records requests paint a picture of Knowledge Quest's relentless pursuit of public grants and contracts: • At least three training contracts through Suncoast Workforce (Sarasota/Manatee) paid Knowledge Quest more than $15,000 in WIA funds • At least 606 employed workers were trained (for an undetermined sum) through Pasco -Hernando Workforce from May 2010 to June 2011 using Employed Worker Training (EWT) funds. • Knowledge Quest received $x,470 contract from the U.S. Navy in 2011 for computer training. • Knowledge Quest began an application to get on Texas Workforce's approved vendor list but has yet to complete it ►Make it easy to keep up-to-date with more stories like this. DOWnload the 10 News app now. Have a news tip? Email rips wtsp.com visit our Focebook Wgg or Twitter feed. You May Like sponsored units by Taboda Why Are Women Ditching Their Yoga Pants for These Amazing Bottoms? American Giant If Your Dog Eats Grass (Do This Everyday) Ultimate Pet Nubitian U.S. Cardiologist: Stop Taking Probiotics Immediately Gundry Mo These Twins Were Named "Most Beautiful In The World," Wait Till You See Them Today Post Fun Wardrobe Malfunctions That Somehow Made It Into Films KIWIRepOrt U.S. Cardiologist: It's Like a Pressure Wash for Your Insides Health Headlines https://www.wtsp.com/article/news/investigations/tampa-bay-workforce-alliance-squandering-tax-dollars-2011/67-511241398 Page 4 of 6 (PRN) ResCare, Inc. Allegedly Violated Federal Labor Law, According to Workers' Law Firms - Houston Chronicle 12/16/18, 11:48 AM PRNewswire Published 11:10 am CDT, Wednesday, May 2, 2007 DALLAS and SAVANNAH, Ga., May 2 /PRNewswim/ -- ResCare, Inc. (Nasdaq: RSCR), a nationwide provider of in-home therapeutic, educational, and training services, violated federal labor law by not paying workers for travel time to and from job assignments, according to a federal lawsuit filed Tuesday. According to the law firms that filed the lawsuit in Georgia federal court alleging violations of the Fair Labor Standards Act ("FLSA"), the case could affect thousands of current and former employees of ResCare and its subsidiaries, including Southern Home Care Services, Inc. LLC, of Savannah, Ga., Lee & Braziel, LLP, achtree City, Ga. The law firms will seek )ver back wages for eligible current and nedically home -bound clients at the )mpensate employees for travel time riffs were given specific instructions by ill do is difficult enough, but to have our may not seem like much, but add them 's this way." https://www.chron.com/news/article/PRN-ResCare-Inc-Allegedly-Violated-Federal-l794615.php Page 1 of 2 (PRN) ResCare, Inc. Allegedly Violated Federal Labor Law, According to Workers' Law Firms - Houston Chronicle 12/16/18, 11:48 AM FROM OUR SPONSOR CONTINUE FOR MORE CONTENT The other named plaintiffs are Yekether Barnes, of Manchester, Ga., Felicia Holt of Concord, Ga., and Deborah Harris, of Gay, Ga. Attorney Kevin Hooks, of Kevin E. Hooks & Associates, LLC, of Savannah, Ga., said, "Many employees of ResCare and its subsidiaries work in rural areas, and some drive long distances from house to house to deliver services. The law is clear that workers must be paid for travel when it's an integral part of the job. Companies like ResCare rely on personnel who typically work out of their homes, and report to a regional or divisional offices periodically, generally to pick up schedules and paychecks. Employees who work on this basis too often are not informed of their rights when it comes to'wage and hour' law." Attorney J. Derek Braziel, of Lee & Braziel, LLP, in Dallas, said, "Like other companies in this sector, ResCare and its subsidiaries have grown quickly, in part, F ase managed care providers, such as Medicare, have forced shorter hospital stays and increased funding of post -discharge, in-home services. ResCare lu-_ ,las been an acquirer of smaller companies, and now has numerous subsidiaries. Rapid growth of this sort and the ramping up of staff can cause serious labor issues that lead to FLSA claims. We are continuing our investigation of this matter." The case is "Geddis, et al., v. Southern Home Care Services, Inc., et al.,' (No. 3 07-CV-036-JTC) in the U.S. District Court for the Northern District of Georgia, Newnan Division. A Web site with more information about the lawsuit can be accessed at http:l/www.homecareovertime.com. (The Geddis case is separate from recent or pending FLSA lawsuits filed against ResCare and/or its subsidiaries in Oklahoma and Indiana.) Attorney Contacts: Kevin Hooks of Kevin E. Hooks & Associates, LLC, (912) 233-8105; J. Derek Braziel of Lee & Braziel, LLP, (214) 749-1400, and Benjamin H. Terry of the Law Offices of Benjamin H. Terry, P.C., (770) 394-1502. Media Contacts Erin Powers, Powers MediaWorkS LLC, for Lee & Braziel, LLP, (281) 362-1411 or (281) 703-6000. 0 2018 Hearst Communications, Inc. HEARS T https://www.chron.com/news/article/PRN-ResCare-Inc-Allegedly-Violated-Federal-l794615.php Page 2 of 2 Healthcare Company Facing Lawsuit In Death Of Columbus Woman 12/16/18, 11:49 AM HOME NEWS SPORTS WEATHER COMMUN0 VIDEO ABOUT US CON Healthcare Company Facing Lawsuit In Death Of Columbus Woman February 2, 2001 at 11:30 PM EST - Updated July 26 at 10:10 PM "Is she moving at all?" asks the 911 operator. Kentucky -based ResCare is facing a lawsuit in the death of Lisa Parker. The suit, filed in Muscogee County, claims Parker's caregiver wasn't properly trained. just last week, another Columbus caregiver was arrested and charged with murdering her mentally - challenged client. Both worked for Columbus companies owned by ResCare. Parker suffered from multiple sclerosis, and required constant care. It was given by Catherine Durham, a caregiver employed by Southern Home Care Services. A 911 call details the final minutes of Lisa Parker's life. "Nuh-uh. Lisa please. I fed her breakfast this morning. She's foaming at the mouth," Durham said. The coroner says Lisa Parker choked to death. "We are wondering whether those caregivers, in fact, have the proper training to handle http://www.wtvm.com/story/6031600/healthcare-company-facing-lawsuit-in-death-of-columbus-woman/ Page 1 of 8 Healthcare Company Facing Lawsuit In Death Of Columbus Woman 12/16/18, 11:49 AM risks when they pop up, "said attorney Richard Dodelin. The lawsuit alleges that Durham didn't know how to treat someone who is choking, even though notes in Parker's file said Parker had difficulty swallowing and choked easily. Dodelin interviewed Durham in January. "Did you ever perform the heimlich maneuver on Lisa?" Dodelin asks. Durham says, "Repeat that." "Do you know what a heimlich maneuver is?" Dodelin says. "I don't recall what a heimlich manuever is," Durham responds. "We don't think she even understood Lisa was choking," Dodelin said. ResCare isn't commenting, but did release a statement. It says: We believe the allegations made in the lawsuit are not true. The information you received from the plaintiff's attorney is incomplete and taken out of context. We wish we could discuss this in more detail, but since it is in litigation we are restricted about what we can say at this time. http://www.wtvm.com/story/6031600/healthcare-company-facing-lawsuit-in-death-of-columbus-woman/ Page 2 of 8 Healthcare Company Facing Lawsuit In Death Of Columbus Woman We did talk to ResCare about employee training on Thursday. A spokesperson says caregivers are trained by the state, and also receive additional training. 12/16/18, 11:49 AM Meanwhile, Dodelin expects this case to go to trial in a year, where a jury will have the final say. Sponsored Stories [Pics] She Suspiciously Paid For Everything In Old Man's Neighbor Blocks His Driveway With Cash For Years, Then Cinder Blocks So He Ice Pop PostFun Try Not To Laugh At These Hilarious Kids Are You Looking For Auto Loans For New and Used Halloween Costumes Vehicles? giveitlove Auto Loansl Sponsored Listings hitp://www.wtvm.com/story/6031600/healthcare-company-facing-lawsuit-in-death-of-columbus-woman/ Page 3 of 8 New Mexico Nursing Home Abuse - Rape Victim Awarded $54M 12/16/18,11:38 AM FreeAdvice has a new Terms of Service and Privacy Poli-cy, effective May 25, 2018. By continuing to use this site, you are consenting to our Terms of Service and use of cookies. Learn more Accept * Ask a Lawyer a Ask the Legal Community FreeAdvice: Law Select a gaLT6pLc Ask a Lawyel Ugia ws Free Case Evaluation FREEADVICE: FREEADVICE: LAW INSURANCE Ask a Lawyer Free Insurance All Legal Quotes Topics BY—Le 91111Toip e► Accident LawBarl LawBusiness LawCriminal LawEmployment labor law Estate PlanningFamily LawFinancial L.awGeneml PracticeGovemment Law Immigration Lawlnsurance Lawlntellecmal Pro er J,jtigatigDMalpractice Law .Personal InipdyReal Estate LawTax Laws all ClainisAyJation lA Home > Law Advice > Malpractice Law > Nursing Home Abuse & NegLegL, ARTICLE by FreeAdvice staff Developmentally Disabled New Mexico Rape Victim Awarded $54M rNewt W%reeAdvice staff Lixa o Ca+ g nome abuse? Get a FREE Case Evaluation From An Experienced Attorney. ;:;esc A developmentally disabled New Mexico man who lived in a group home run by ResCare, Inc. was awarded $54 million after he was raped by one of the G. home's employees. Nearly $50 million of the award constituted punitive damages as the home failed to ran any background checks on the employee. N^ -sing home negligence 1 _ New Mexico nursing home negligence case has gamered national attention. According to news reports, 48 year old Larry Selk was a resident of a group home in Roswell, New Mexico in May of 2004- Rin by Louisville, Kentucky -based ResCare, Inc., the home bad continual problems with under staffing, insufficient staffing, inadequately trained staff and inadequate documentation - and this case was no exception. ResCare hired a male caregiver without perforating a background check first. The man had been fired from previous group homes for inappropriate behavior with residents. After only four days at ResCare, he raped Selk, who is unable to speak and could not call for help. When a nurse noticed that Selk was bleeding rectally, a sexual assault specialist was called and verified that Selk had been raped by the man -who has since disappeared. His family hired a New Mexico nursing home abuse attomey and filed a lawsuit against the home for negligence. Unorthodox strategy moves jury The family's personal injury attorney was able to prove to ajury that the company had a history of mis-management and that they failed to consider reasonable settlement offers However, he also wanted to show the jury bow helpless Selk must have felt during the ordeal because he could not speak, so he sang them a Sarah McLaughlin song with the lyrics, "We we screaming inside, but we cannot be heard"Although that might seem unorthodox, and even the attorney says that he's never done that in court, his strategy worked. The jury awarded Selk over $54 million - of which nearly $50 million constituted puni five damages. The money will be managed by his sister and used to take care of Selk for the rest of his life. Hiring the right attorney This case shows how important it is to hire the right attorney. While not all lawyers sing to juries, good lawyers know how to get their points across and make juries truly understand what an injured victim has endured. If you or a loved one has been injured in a nursing home due to neglect, negligence or elder abuse, contact an experienced nursing home abuse laws in your state to discuss your situation and evaluate your options. The foregoing article has been prepared by an attorney who is a regular contributor to FreeAdvice, and is now undergoing review, by the site's editorial staff. Pain/Suffering Calculator InWty..a, Estimate by a Real La"r. Auto Accidents, Slip/ Injuries. Get Free Eval. Free Legal Advice — Get Informed General uestionsClaims and Lawsuits Victim of nursing home abuse? Get a FREE Case Evaluation From An Experienced Attorney. 'c to N using Home Abuse & Negalw https://law.freeadvice.com/malpractice law/nursing home_abuse/new-mexico-nursing-home-abuse-lawsuit.htm Page 1 of 2 SAN MATEO COUNTY / Nursing home sued in scalding / Disabled woman allegedly left in 130 -degree shower - SFGate 12/16/18, 11.55 AM SFGATE https://www.sfgate.com/bayarea/article/SAN-MATEO-COUNTY-Nursing-home-sued-in-scalding-2543655.php .N MATEO COUNTY / Nursing home sued in scalding / DOssMed woman allegedly left in 130 -degree shower Dave Murphy, Chronicle Staff Writer Published 4:00 am PST, Wednesday, January 11, 2006 San Mateo County is suing a Redwood City nursing home, alleging that workers accidentally scalded a 51 -year-old developmentally disabled woman, then waited more than three hours to call 911. The suit against ResCare Inc. and several employees, filed Tuesday in San Mateo County Superior Court, says that an untrained caregiver put Theresa Rodriguez into a 13o -degree shower for 20 minutes on May 5, 2004, causing second- and third-degree burns on her genitals, thighs, stomach and lower back. https://www.sfgate.com/bayarea/article/SAN-MATEO-COUNTY-Nursing-home-sued-in-scalding-2543655.php Page 1 of 2 SAN MATED COUNTY / Nursing home sued in scalding / Disabled woman allegedly left in 130 -degree shower - SFGate 12/16/18,11:55 AM g FROM OUR SPONSOR CONTINUE FOR MORE CONTENT T lawsuit alleges that ResCare knew the water had been too hot for several days before Rodriguez was burned, and Ocansey waited about two hours to tell colleagues that Rodriguez had been burned, then there were more delays until workers could get a supervisor's permission to call 911. RCCA's statement says no such permission was necessary; it is company policy for employees to call 911 first and then contact their supervisors. The statement also disputes that Ocansey was untrained, saying that RCCA's training meets and often exceeds state . standards. It did not address any specifies about how long Rodriguez was left in the shower or how much time it took for workers to call 9n. © 2018 Hearst Communications, Inc. https://www.sfgate.com/bayarea/article/SAN-MATEO-COUNTY-Nursing-home-sued-in-scalding-2543655.php Page 2 of 2 West Sussex Care Homes under Investigation by Police and CQC I Rescare West Sussex Care Homes under Investigation by Police and CQC Some disturbing news from Sussex, reported by BBC local news: www.bbc.m.uk/nmWuk-england-Sussex-00991641 OOO e - 'Polkeirquiriesandumnnouncedinspeclionshavebeen aWoWatd'sablldycarehomes in west Sussex. sur They "min response O'sigraficant safeguarding cancerns' aRera numberof mpoded West Sussex disability care homes deaths. investigated The Cere Qua/dy Commission was started to Sussex Health Care services by West Sussex comfy Council...' This story does not appear yet have gone'natiorel', presumably pending the results of these initial investigations, and has only been re- reported by a few news ageneses. We will mcnitor events. The CCC has been the supped of recent cmicisms with regard to its regime of regulation and inspection (which we hove reported in our members' newsielter Reenters); so let us hope regulatory failure (an top of the operational and financial pressures currently affecting pre homes generally) has not contributed to the problems in Wast Sussex. Regrecably, we were alerted to this story by Rescare members (family carers) who have been elected by the investigations described in the news reporL Related CQC continues to reinvent itself.. 2nd July 2014 In "Slog" CQC is a joke... But it's no laughing matter! 20th July 2012 In "Editorial & Letters" CCC launches "Better Care In My Hands Report - A review of how people are involved in their care" 20th May 2016 In "News" 12/16/18, 12:46 PM http://www.rescare.org.uk/west-sussex-care-homes-under-investigation-by-police-and-cqc/ Page 1 of 1 'Dechoker' anti -choking device claims to save lives but has never been tested on humans Mec�aa a �, p WFTS TAMPA BAY ADVERTISEMENT MONEY > CONSUMER ALERTS > TAKING ACTION FOR YOU 12/16/18, 3:54 PM 9A(atch Alerts 4 weather alerts 'Dechoker' anti -choking device claims to save lives but has never been tested on humans Medical tool found on store shelf makes bold claim Posted: 10:45 PM, May 21, 2018 Updated: 10:26 PM, May 21, 2018 �Y By: Jackie Callaway https://www.abcactionnews.com/money/consumer/taking-action-for-you/...ng-device-claims-to-save-lives-but-has-never-been-tested-on-humans Page 1 of 8 'Dechoker' anti -choking device claims to save lives but has never been tested on humans Video Player is loading. Play Unmute Yli09ta%8A?:Q9ndow. Y� &Odialog window. Escape will cancel and close the window. I C).Med. (i%n 12/16/18, 3:54 PM A morning last August started out like any other — until Ellen Fiss took her vitamins. One was lodged in her throat and cut off her air supply. Her 19 -year-old daughter Olivia ran into the room and could tell her Mom was in trouble. She patted her on the back and then began abdominal thrusts also known as the Heimlich maneuver. Fiss has no doubt her daughters' quick thinking saved her life. Abdominal thrusts remain the first life-saving approach for local first responders including Tampa Fire Rescue. The tried and true faces competition from an untested medical device for sale in stores and online. Dechoker inventor Alan Carver claims to have sold the anti -choking tool to three ResCare nursing homes in Florida and to more than Zoo doctors. 3 ADVERTISING 1y cY:9 https://www.abcactionnews.com/money/consumer/taking-action-for-you... ng -device -claims -to -save -lives -but -has -never -been -tested -on -humans Page 2 of 8 'Dechoker' anti -choking device claims to save lives but has never been tested on humans Anyone can order the Dechoker from Amazon and Walmart. 12/16/18, 3:54 PM ResCare refused to comment on whether it uses the equipment on patients. The company admits the plunger -like product has never undergone a clinical trial on live humans. Emergency room doctor Andrew Thomas doesn't recommend medical professionals or anyone else use untested equipment in a life and death situation. We asked Tampa Fire Captain Mitch Spradlin try the device on a dummy. On first impression, he felt the device was easy enough to use but wonders if it will get the job done in a life or death situation. Dechoker posted surveillance video on its website to portray abdominal thrusts as violent and dangerous. According to news reports, abdominal thrusts saved the life of the Orlando woman in that video and she required no further medical treatment. Dr. Andrew Thomas says there are potential risks like broken ribs but they are worth it because of the potential benefit. The CEO, Alan Carver refused to answer our questions on camera. The company advertises that it's registered with the FDA as a class one levice. There's no oversight or regulation for class one medical equipment. https://www.abcactionnews.com/money/consumer/taking-action-for-you...ng-device-claims-to-save-lives-but-has-never-been-tested-on-humans Page 3 of 8 'Dechoker' anti -choking device claims to save lives but has never been tested on humans 12/16/18, 3:54 PM Carver says this tool has saved 17 lives and is 99 percent effective but the company did not provide information for any victims or doctors who would speak out in favor of the device's use. Carver says he's not trying to replace abdominal thrusts — rather he encourages people to use both as life-saving resources. CURATION BY Want The Secret To'Celebrity White' Teeth? 5 Signs You're Being Cheated On - #21s All The Proof You Need https://www.abcactionnews.com/money/consumer/taking-action-for-you...ng-device-claims-to-save-lives-but-has-never-been-tested-on-humans Page 4 of 8