April 20, 2020

The Attorney General of Vermont announced on February 20, 2020 announced a settlement with three Genesis Healthcare subsidiary-operated nursing homes in Vermont, resolving allegations of neglect that resulted in serious injury to three residents and the death of a fourth. Each of these incidents was related to inadequate staff training and orientation, the use of visiting or third-party contractors, and the failure to adequately document and monitor the delivery of resident care services.

The three Vermont nursing homes involved were Burlington Health & Rehab, St. Johnsbury Health & Rehab, and Berlin Health & Rehab.

The settlement requires the nursing homes to pay $740,143 in damages and penalties to the State of Vermont under the Vermont Vulnerable Adult statute and False Claims Act, create a new Patient Care Coordinator position, and engage the services of an independent monitor to review the quality of care provided by each facility. The three Genesis Centers have also agreed to create and fill a new job position, Patient Care Coordinator, to ensure that all individuals who deliver care services, directly or indirectly, are properly trained, and to improve the monitoring of resident needs and the timely delivery of services to meet those needs. The new position is designed to bring about meaningful and lasting change in the quality of resident care.

The three Genesis nursing homes also agreed to engage an independent monitor to perform annual reviews of the quality of care at each facility. Both the monitor and Patient Care Coordinator will serve for a minimum term of two years and have reporting duties to the State of Vermont.

Vermont’s Attorney General stated in announcing the settlement, “We will not tolerate substandard care in Vermont. We will continue to protect the most vulnerable and advocate for improved quality of care for Vermonters. We are proud that, as part of the settlement, the patient care coordinator and independent monitor positions will provide greater oversight and ensure the quality of care that Vermonters deserve.”


33 V.S.A. § 6904

33 V.S.A. § 6904 requires that a report of abuse, neglect, or exploitation of a vulnerable adult “shall be made orally or in writing to the Commissioner or designee as soon as possible, but in no event later than 48 hours thereafter … Reports shall contain the name and address of the reporter as well as the names and addresses of the vulnerable adult and persons responsible for his or her care, if known; the age of the vulnerable adult; the nature of his or her disability; the nature and extent of the vulnerable adult’s abuse, neglect, or exploitation together with any evidence of previous abuse, neglect, or exploitation of the vulnerable adult; and any other information that the reporter believes might be helpful in establishing the cause of any injuries or reasons for the abuse, neglect, or exploitation as well as in protecting the vulnerable adult … ”


If you or a loved one suffered injuries (or worse) while a resident of a nursing home in Vermont or in another U.S. state due to a nursing home fall, nursing home aspiration, nursing home neglect, nursing home negligence, nursing home abuse, nursing home under-staffing, or the nursing home failing to properly care for a vulnerable adult, you should promptly find a Vermont nursing home claim lawyer, or a nursing home claim lawyer in your state, who may investigate your nursing home claim for you and file a nursing home claim on your behalf or behalf of your loved one, if appropriate.

Click here to visit our website to be connected with medical malpractice attorneys (nursing home claim attorneys) in your U.S. state who may assist you with your nursing home claim, or call us toll-free in the United States at 800-295-3959.

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