The Florida Attorney General’s Medicaid Fraud Control Unit (MFCU), with the help of the Leon County Sheriff’s Office (LCSO), announced the arrest of a caregiver for abusing an adult with disabilities. According to the MFCU investigation, the caregiver dragged an adult with disabilities directly by the hair, tearing out several braids in the process.
Attorney General Ashley Moody said, “This is appalling. Caregivers are supposed to nurture their patients, not rip out their hair. Thankfully, my Medicaid Fraud Control Unit investigators and local law enforcement stopped this suspect before more harm could be done.”
The investigation revealed that during an altercation in a private developmental care facility, the caregiver dragged an adult with disabilities by the hair to the point of pulling the hair out—leaving a bald spot with redness and blood on the patient’s scalp.
The LCSO arrested the caregiver on one count of abuse of an elderly or disabled adult, a third-degree felony. If convicted, she faces up to five years in prison and $5,000 in fines. Attorney General Moody’s MFCU will prosecute the case through an agreement with the Office of the State Attorney, Jack Campbell, in the Second Judicial Circuit.
Compliance Perspective
Issue
Abuse is the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. Instances of abuse of residents, irrespective of any mental or physical condition, cause physical harm, pain, or mental anguish. According to F600 in the State Operations Manual, Appendix PP, the resident has the right to be free from abuse, neglect, misappropriation of resident property, and exploitation. Reporting abuse, neglect, and exploitation is mandatory for all nursing facilities. It is crucial that each nursing facility have a process in place for reporting violations. Staff members should understand their role in identifying, reporting, and investigating abuse. Failure to report in the appropriate time frame is a violation of F609 Reporting of Alleged Violations, and can result in citations at the immediate jeopardy level. Substantiated violations may be considered provision of substandard quality of care, resulting in sanctions and civil or criminal charges.
Discussion Points
- Review your policies and procedures on preventing, identifying, and reporting abuse. Update them as necessary.
- Train all staff on what is considered abuse, and the steps that should be taken when it is suspected. Offer the training during new employee orientation, repeat at least annually, and more often if needed. Document that the training occurred, and record in each employee’s education file.
- Periodically audit staff understanding to ensure that they are aware of the steps that should be taken if they suspect abuse, and their reporting options, including the use of the anonymous hotline. Audit care delivery through observation and interviews of residents receiving that care. Ensure that any complaints received are fully investigated, addressed appropriately, and reported per requirements.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
