A Springfield home health aide who was licensed as a Certified Nursing Assistant (CNA) has pleaded guilty and been sentenced for a 2021 incident in which she abused an elderly patient, Attorney General (AG) Andrea Joy Campbell announced March 29, 2023. The 54-year-old woman pleaded guilty to two counts of the charge of Abuse, Neglect, or Mistreatment of an Elder by a Caretaker. Following the plea, she was sentenced to two years in the house of correction, suspended for three years and probation. For the three-year period of probation, conditions were imposed including the completion of anger management and conflict resolution programs. The CNA was also prohibited from having any responsibility for elders and persons with disabilities during the period of probation, including any employment (paid or volunteer), and from working in any home healthcare setting, nursing home, rest home, or long-term care facility.
In November 2021, the family of a 91-year-old Alzheimer’s patient reported to the CNA’s employer, a home health agency, that the CNA had physically abused the patient in an incident captured on the family’s video surveillance system. Specifically, the CNA had shaken the patient from a recliner and aggressively dragged her into the bathroom causing noticeable bruising and injuries to the patient’s left arm and side. Shortly thereafter, the home health agency terminated the CNA’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 her CNA license and a referral to the Attorney General’s Medicaid Fraud Division. In September 2022, the AG’s Office secured indictments against her before a Hampden County Grand Jury.
“This defendant callously and violently assaulted an elder Alzheimer’s patient, and was caught on camera doing it,” said AG Campbell. “We will continue to investigate and prosecute these elder abuse cases because home health patients and their loved ones deserve to trust that caretakers will provide compassionate and excellent care.”
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.*
