Complaints of resident abuse in a Michigan nursing home led to an investigation by the Michigan Office of Attorney General’s Health Care Fraud Division, working with the Michigan Sentinel Project. The investigation determined that a nurse was working at the nursing home while her license was suspended, which is a felony.
The Sentinel Project is tasked with investigating complaints of resident neglect and abuse in nursing homes. When there is suspected abuse or neglect in a Michigan nursing home, the Attorney General and other trained investigators conduct the investigation which includes interviewing witnesses, gathering relevant evidence, and speaking with residents about possible abuse or neglect in the nursing home.
In May 2021 the Attorney General’s Health Care Fraud Division with the Sentinel Project were conducting an investigation when they discovered that a registered nurse practicing at the nursing home had her license suspended in March 2021. A criminal complaint was filed, and the nurse was arraigned in March 2022 for practicing as a licensed professional without a license, which is a four-year felony. A probable cause conference is scheduled for March 16, 2022. The nurse was released on a $10,000 personal recognizance bond.
Michigan Attorney General Dana Nessel said, “Our team has found the vast majority of facilities visited provide appropriate care, abide by licensing regulations, and follow the law while caring for their residents. Protecting Michigan’s most vulnerable adults remains a top priority for me and this department.”
Compliance Perspective
Issue
All residents should be free from abuse and neglect. Allegations of abuse or neglect need to be investigated immediately by personal who are trained in abuse investigations. When abuse or neglect is suspected, the state agency and local authorities should be notified. Additionally, professional licenses should be verified upon hire, and the OIG’s List of Excluded Individuals and Entities (LEIE) should be checked monthly to ensure no current employees are on the list. Professional license active status should be tracked as well.
Discussion Points
- Review your policies and procedures for preventing abuse and neglect and for verifying the status of professional licenses. Update as necessary.
- Train all staff on your policies for preventing abuse and neglect and their responsibility to immediately report concerns. Ensure that training is provided to licensed personnel about their responsibility to maintain an active license and to notify administration should their license be suspended, expire, or if they are added to the OIG’s LEIE. Document that these trainings occurred, and file the signed documents in each employee’s education file.
- Periodically audit staff understanding to ensure that they are aware of the steps to take if they suspect abuse or neglect is occurring. Periodically audit to determine that all nurses working in your facility maintain active status for their professional licenses.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
