The New York Attorney General announced on January 4, 2016 that the corporate owner of a New York nursing home pleaded guilty on January 4, 2016 to falsifying business records to resolve a 45-count indictment that alleged crimes arising from the suppression of two incidents of patient abuse and neglect at the nursing home, and related charges of falsifying business records in an effort to cover-up the incidents.
The two alleged incidents that took place in May 2013: the first alleged incident involved a serious medication error that went unnoticed for several days and the second alleged incident involved a resident suffering from dementia engaging in unlawful sexual conduct towards another resident in an unsupervised dining room.
An owner of the nursing home was alleged to have criminally eavesdropped on investigators from the Attorney General’s Office while they were conducting an interview with a nursing home employee about the incidents. The indictment further alleged that a part-owner of the nursing home and the technical manager of the nursing home (and others) conspired to destroy electronic evidence of the alleged incidents.
Other Guilty Pleas
On August 26, 2015, the former Director of Nursing of the nursing home pleaded guilty to two counts of Tampering with Physical Evidence for concealing a medication administration record and a witness’ statement from the New York State Department of Health. Sentencing is scheduled for January 12, 2016.
On November 24, 2015, a co-owner of the nursing home pleaded guilty to Attempted Eavesdropping for attempting to eavesdrop on an employee interview being conducted by Medicaid Fraud Control Unit investigators. The co-owner was sentenced to three years probation, including a three year prohibition from owning, working for, or working in or being associated with a residential healthcare facility.
On November 24, 2015, another co-owner of the nursing home pleaded guilty to Conspiracy in the fifth degree for conspiring to tampering with evidence. The co-owner was sentenced to a fine and is prohibited from owning, working for, or working in or being associated with a residential healthcare facility for one year.
On December 2, 2015, the former Administrator of the nursing home pleaded guilty to Attempted Tampering with Physical Evidence for attempting to conceal a witness’ statement from the New York State Department of Health. Sentencing is scheduled for February 23, 2016.
In a separate civil settlement agreement, the corporate owner of the New York nursing home has agreed to return $1,000,000 in over-payments to the Medicaid program and to hire an independent monitor to implement reforms, including a revamped compliance program, along with divestiture of ownership by two of the convicted defendants and a related investor who owned 44% of the company.
If you or a loved one suffered injuries (or worse) as a result of a nursing home stay in New York or in another U.S. state due to nursing home neglect, nursing home negligence, or nursing home abuse, you should promptly contact a local nursing home claim lawyer in New York or in your U.S. state who may investigate your possible nursing home claim for you and file a nursing home claim on your behalf, if appropriate.
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