Former Nursing Assistant in New Hampshire VA Nursing Home Charged with Making False Statements
A 52-year old former nursing assistant was recently charged in federal court with two counts of making false statements to federal agents during their investigation of the death of a resident in the Veterans Affairs (VA) nursing home. The woman agreed to plead guilty to the charges and will appear in federal court at a later date.
The defendant was working on the midnight to 8:00 a.m. shift at a New Hampshire VA nursing home and was responsible for making hourly bed checks to verify residents’ breathing. The resident whose death was being investigated was suffering from several serious medical ailments and was found unresponsive without respirations the next morning. He was transferred to a hospital’s emergency room but was later pronounced dead.
During the investigation into the incident, federal agents alleged that on two separate occasions the defendant lied to them about making the hourly checks on the resident during her shift.
For making false statements to federal agents, the defendant faces a possible sentence of no greater than five years in prison, one year of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Compliance Perspective
Failure to ensure that staff members are monitoring and documenting the status of residents according to instructed hourly or other required frequencies may be considered abuse and neglect and provision of sub-standard quality of care, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures for ensuring staff carry-out their responsibilities to care for, monitor, and accurately document the status of their assigned residents as frequently as required.
- Train staff about abuse and neglect and the consequences that can result if they do not diligently monitor and appropriately document their observations of residents. Instruct staff members on the importance of reporting to their supervisor or through the Hotline any suspected incidents where another employee might not be performing care as required.
- Periodically audit on all shifts to determine if staff are providing care as assigned to meet individual resident’s needs.
