A Massachusetts home health aide, who was licensed as a Certified Nursing Assistant (CNA), has been indicted in connection with a home surveillance video showing her abusing an elderly patient, Attorney General Maura Healey announced. The aide was indicted by a grand jury on two charges of assault and battery on an elder by a caretaker.
In November 2021, the family of a 91-year-old Alzheimer’s patient reported to the aide’s employer, a home health agency, that the aide physically abused the patient in an incident captured on the family’s video surveillance system. Specifically, the aide shook the patient from a recliner and aggressively dragged her into the bathroom causing noticeable bruising on the patient’s left arm and side. Shortly thereafter, the home health agency terminated the aide’s employment and reported her to the Nurse Aide Registry and the Department of Public Health (DPH). A subsequent investigation by DPH resulted in a suspension of the aide’s license and a referral to the Attorney General’s Medicaid Fraud Division.
The Attorney General’s Medicaid Fraud Division is a Medicaid Fraud Control Unit (MFCU), annually certified by the US Department of Health and Human Services to investigate and prosecute healthcare providers who defraud the Medicaid program (MassHealth). The Medicaid Fraud Division also has jurisdiction to investigate and prosecute complaints of abuse, neglect, and financial exploitation of residents in long-term care facilities and of Medicaid patients in any healthcare setting.
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 all 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. If residents have bruises, fractures, lacerations, abrasions, contusions, or other bodily injuries, this may indicate potential physical abuse, sexual abuse, or neglect. Residents may exhibit behavioral changes or nonverbal signals due to a fear of specific staff or caretakers. This also may indicate possible abuse.
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.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
