Failure by nursing staff (RNs, LPNs, and CNAs) to provide care for residents, and falsifying records to cover-up that failure, are considered willful neglect, abuse, and fraud, and may result in charges of submission of false claims
Compliance Perspective – Neglect
Policies/Procedures: The Compliance and Ethics Officer with the Director of Nursing will review the policies and procedures regarding responding to grievances made by family members.
Training:The Compliance and Ethics Officer with the Director of Nursing will ensure that staff are trained to appropriately respond to grievances.
Audit: The Compliance and Ethics Officer will conduct an audit periodically to ensure that grievances are appropriately investigated and addressed.
The spouse of a resident in a New York nursing home suspected that her paralyzed husband was not being fed because he would try to eat the shaving cream when she shaved him. The resident was paralyzed due to a degenerative neurological disease and could only speak a few words. One of those words was, “Yeah!” when his wife asked him if he was hungry.
The resident’s spouse made numerous complaints to the nurses and supervisors because the resident was losing weight and was becoming dehydrated. However, nothing changed until finally in 2013, when the spouse contacted the New York State Attorney General’s Office and a hidden-camera investigation was launched.
The camera recorded the nursing home’s staff going in and out of the resident’s room without ever providing care. CNAs did not give the resident either fluids or food, and they did not change his soiled briefs. Other licensed nurses also ignored him and did not check on his condition or provide him with pain medication.
The resident died from his disease in January 2014. Four months later, one registered nurse, seven licensed practical nurses, and nine CNAs were arrested and charged with falsifying business records, endangering the welfare of an incompetent or physically disabled person, and the willful violation of public health laws.All 17 of the nursing staff charged were fired, and all pleaded guilty to misdemeanors and violations. Most were sentenced to perform community service, and one CNA was sent to jail for 15 days. The nursing home received no fines for the neglect of the resident.
