On January 6, 2023, New York Attorney General Letitia James announced the sentencing of a 52-year-old man for sexually abusing an 81-year-old nursing home resident suffering from dementia in September 2021. The man had worked at the facility as a housekeeper. He has been sentenced to 25 years in prison and 20 years of post-release supervision.
In November 2022, a jury convicted the former housekeeper of Rape in the First Degree, Criminal Sexual Act in the First Degree, and Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, and other lower-level offenses.
Evidence presented at the trial proved that in the early morning hours of September 29, 2021, the former housekeeper entered the room of a vulnerable and mentally disabled resident at the nursing home and sexually assaulted her. Another employee at the facility entered the resident’s room and observed the housekeeper engaged in the assault. Other employees detained him and attended to the resident until the Rochester Police Department (RPD) arrived on the scene. DNA evidence obtained by RPD and admitted into evidence during the trial connected the housekeeper to the crime.
This matter was investigated by the Office of the Attorney General (OAG) Medicaid Fraud Control Unit (MFCU).
Compliance Perspective
Issue
According to the Social Security Act, each resident has the right to be free from, among other things, physical or mental abuse and corporal punishment. The facility must provide a safe resident environment and protect residents from abuse, including sexual abuse. Sexual abuse can be defined as non-consensual sexual contact of any type with a resident. For any alleged violation of sexual abuse, facilities must immediately implement safeguards to prevent further potential abuse, immediately report the allegation to appropriate authorities, conduct a thorough investigation of the allegation, and thoroughly document and report the result of the investigation of the allegation. Cases of physical or sexual abuse, for example by facility staff or other residents, always require corrective action and tracking by the QAA Committee.
Discussion Points
- Review policies and procedures for preventing abuse, neglect, and exploitation. Ensure these procedures include monitoring of interactions between staff and residents with diminished mental capacities, and determine if improvements are needed. Update policies and procedures as needed.
- Ensure that all staff receive appropriate abuse identification and prevention training during new hire orientation and at least annually thereafter. Educate staff on appropriate interactions between employees and residents with diminished mental capacities. Also, train employees to immediately report any suspected or observed incident to a supervisor or through the Hotline. Document that the trainings occurred and file the signed training document in the employee’s education file.
- Review training records to ensure that all employees and other agents of the facility receive abuse training during new employee orientation and at least annually thereafter. Periodically audit staff performance to ensure that they are following procedures for interacting appropriately with all residents, with a frequent focus on those with diminished mental capacities.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
