AG REilly, DPH Commissioner Obtain Reciever Over Lynn Nursing Home: Facility had failed to investigate or report allegations of resident-on-resident abuse
Wednesday, November 16th, 2005.
Boston, MA - Attorney General Tom Reilly and Department of Public Health (DPH) Commissioner Paul J. Cote, Jr. have obtained an emergency court order against the owner of a 28-bed nursing home in Lynn based on allegations of physical and sexual abuse of residents by residents.
The order, entered by Suffolk Superior Court Judge John C. Cratsley, appoints Attorney Robert J. Griffin as temporary receiver to manage the Ann Carroll Nursing Home, located at 66 Johnson Street, and, if necessary, to effectuate an orderly closure and safe transfer of its residents. The facility, which currently houses 20 residents, is licensed by the DPH and, prior to this week’s court action, operated by Sachem Associates, Inc. and Carol Valeri, who is the sole officer, administrator and director.
AG Tom Reilly and Commissioner Cote filed for receivership after DPH investigators found that between November 2004 and October 2005, the facility had failed to investigate or report numerous allegations of resident against resident physical and sexual abuse. According to documents AG Reilly filed in Suffolk Superior Court this week, DPH found that between April and October 2005, there had been nine allegations of sexual assault or inappropriate sexual conduct by one male resident against several other female residents, including two allegations of rape.
DPH also found that between November 2004 and October 2005, there were additional allegations of physical abuse, including one incident of sexual abuse, perpetrated by other residents. DPH found that not only did the facility fail to prevent these alleged assaults, but it failed to investigate or accurately report most of them to DPH or any other authorities.
On October 14, according to AG Reilly’s complaint, DPH notified the facility that these deficiencies, and others, put the health and safety of the residents in “jeopardy,” and that the facility needed to immediately remedy the situation and submit a suitable plan of correction. DPH investigators conducted follow-up visits to the facility on October 16 and October 20, which confirmed their earlier findings. On October 20, DPH issued a 119-page document, called a Statement of Deficiencies, detailing significant problems at the nursing home. In addition to the allegations of unreported sexual and physical abuse DPH also found that the facility failed to adequately supervise, plan, and care for numerous residents with histories of substance or alcohol abuse, or mental illness. In fact, just days after DPH initiated its investigation of the nursing home, one resident with a history of alcohol and drug abuse was found intoxicated at the facility.
DPH investigators conducted follow-up visits last week and found that nursing home residents remained at risk. Investigators also found, according to AG Reilly’s complaint, that the facility was being mismanaged financially, and more than $140,000 in back taxes and delinquent nursing facility user fees is owed to the Internal Revenue Service, the state Department of Revenue, and the Massachusetts Division of Health Care Finance and Policy. During DPH’s investigation, and while the facility was in “jeopardy” status, Valeri left for a two-week vacation to Florida.
As a result of AG Reilly’s and Commissioner Cote’s action, receiver Robert Griffin is now in control of the facility.
In addition to the receivership, AG Reilly also sought and obtained an emergency order freezing the assets of the corporation, Sachem Associates, Inc., and of Valeri personally. The order also attaches $200,000 of real estate owned by both the company and Valeri.
Attorneys from AG Reilly’s Office and DPH will be in court again at 3 p.m. on Tuesday, November 22 arguing for an extension of the emergency court order obtained this week.
In his lawsuit, AG Reilly alleged that the facility and its owner/administrator violated the Massachusetts Patient Protection Receivership Statute, and the Massachusetts Consumer Protection Act. In addition to the emergency orders obtained to date, AG Reilly is seeking to recover civil penalties and costs from the defendants.
This case is being handled by Assistant Attorneys General Jesse Caplan, Diane Lawton, and Stephanie Kahn of AG Reilly’s Consumer Protection & Antitrust Division, and Kalina Vendetti, Deputy General Counsel, Joel William Teevan MSW, LICSW, and Beth-Anne Scheffler, RN-BSN, all of DPH.
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