Sunday, February 14, 2016

The quest for truth and justice ! The NCDHSR chapter.

In four and a half years, I have been fighting for justice. I am certain that Hendersonville Health and Rehabilitation , and Dr. Larry Joe Russell were responsible for Mom's death. I believe that if she were properly examined after her fall, she would still be alive. Trust me this is not just me looking for someone to blame. I believe there is undisputable proof in the records from Hendersonville Health and Rehabilitation and subsequent DHSR investigation. The problem is that no matter what I've done, I cant get anyone to even look.
The first step we took, was to file a complaint with the NCDHSR against Hendersonville Health and Rehabilitation. My brother and I filed separate complaints alleging different violations. The reply to both complaints from the NCDHSR was " no deficiencies found ". This prompted us to request a meeting with Gail Maloney, the Western Regional Director of the NCDHSR at the time. Four family members met with Ms. Maloney at the office in Black Mountain. Ms. Maloney's' attitude was confrontational from the beginning.
At the meeting, we reviewed the list of items from Mom's medical records that were inaccurate. The most obvious being the wrong room number and bed on almost every page, including the medication administration record. Some of the things we discussed were, missing medications, altered nurses notes, missing information, conflicting notes on what happened the morning she died and more. Mom's roommate the night she fell, gave a whole different account of the fall than was reflected in the nurses notes. The nurses account of the fall was marked " late entry" and was dated December 1, one month after Mom passed.
Our meeting lasted almost two hours and Ms. Maloney was defending the actions of Hendersonville Health and Rehabilitation the entire time. When asked what happened to the missing Ativan, Ms. Maloney replied " they must have put it back ".Even though according to the records they were prescribed and the prescription was filled by Blue Ridge Pharmacy , the pharmacy provider for Hendersonville Health and Rehabilitation. The NCDHSR guidelines state that medications be disposed of, and there has to be two people present to witness the disposal. You might think that Ms. Maloney as the regional director of NCDHSR would be familiar with their own regulations. The meeting was extremely disappointing, and there was no indication that our concerns were ever going to be addressed. At the end we asked where else we could take our concerns and Ms. Maloney simply stated that she was the end of the line, there was nowhere else we could go.
Ms. Maloney told us they would review the records and our information, and we would hear from them in the future. It took quite some time before we heard anything from the NCDHSR, and when we did they reaffirmed that there were no deficiencies as reported in the original investigation. Ms. Maloney is no longer the director, she was replaced by Todd Davis, who just happened to be the lead investigator of our complaint!
We were told that we could request a copy of the investigation through the FOIA ( freedom of information act ). I filed the required forms with the FOIA and requested the records. It took almost two years, several phone calls and emails before I actually received the report. Some of the investigation records were redacted and some of the names were blacked out. Still there was plenty of information that indicated the investigation was not taken seriously. The report reads almost like it was written by the staff at Hendersonville Health and Rehabilitation. Even the results of the
" review" were suspicious. There were two different letters written by the Doctor that did the review, and neither one had the correct chain of events, dates and facts.
That was just the beginning of my frustration with the system and trying to get them to do their job.  More to come later on the quest for truth and justice!

Saturday, January 2, 2016

Do right and wrong exist in the nursing home industry, is there such a thing as justice ????

All my life I was taught that there was right and there was wrong. What I can tell you now that the difference between the two boils down to how much money you have, and who you buy with that money. I would bet that the NCDHHS can be bought for simple favors and special donations.  Since the morning of November 11, 2012 when my Mother died, I have been fighting the money that did the wrong.
First the wrong in how nursing homes are raking in profits, while neglecting the care of their patients. All you have to do is walk into almost any nursing home in the evening or on weekends and you will notice the lack of staff on duty. The majority of nurses hours are worked in the daytime hours through the week. They know that the majority of visitors and any inspectors from DHHS will come in the day during the week. At night there may be one actual nurse on duty and the rest of the staff are CNA's.

During moms stay in Hendersonville Health and Rehabilitation, we had to practically beg to get her a shower. Even when we were promised that she would get a shower on more than one occasion it never happened. According to her records, Mom was supposed to get help with her meals because she couldn't see very well. The only help she ever got with meals was from family members. We made a point to assure that one of us was there for as many meals as we could. If we were not there at mealtime, the food was simply wheeled into the room and sat on the tray. If Mom was able to eat what she was served, there would be food on her clothes and in her bed.

Second, the wrong in the NCDHHS who is supposed to inspect and investigate complaints against nursing homes. These so called inspectors are either very stupid or they are being paid off by the wealthy nursing home owners. I have copies of Mom's records from Hendersonville Health and Rehabilitation and copies of the inspection report. The inspection overlooks things like missing medication, a non reported fall, wrong room number on most of the records, fraudulent nurses reports, conflicting statements by Dr. Russell, and a sworn notarized statement by Mom's roommate.

The wrongs just keep on coming. The fact that the NC State Medical Examiners office declined a required autopsy, due to a fraudulent document from Hendersonville Health and Rehabilitation. The fact that the NC Board of Nursing ignored the wrongs done by Lara Mooney LPN and Susan Habel, RN when they fraudulently created her nurses note one month after Mom's death. The wrongs in the "MAR", Medication Administration Records showing Ativan then not showing Ativan.

Dr. Russell stating that he saw Mom on the morning of her fall, as he was on premises that morning. Then later stating that he did not see Mom the morning of the fall. Going on to say that in his medical opinion, he agreed with the nurses assessment and that they had made the right decision for no further treatment. Mom was dead two days later, from no apparent cause.

The wrongs just keep adding up, all because of the false records and statements made by Hendersonville Health and Rehabilitation . The failure of the NC Pharmacy Board, to look at the disappearing medication and the sloppy records. The wrong in the connections between Dr. Russell and Blue Ridge Pharmacy, DR. Boleman and Pardee Hospital and the fact that Hendersonville Health and Rehabilitation was built and owned by Pardee Hospital.

I have repeatedly accused specific people of doing specific things that violate the law and their professional oaths. It is interesting that not one of these people has accused me of making any of this up!
There is plenty more to come, just too much for one sitting. Feel free to read past posts for more insight. Also please comment if you wish, people need to hear your stories as well.

Tuesday, November 3, 2015

November 3,2011, it has been four years ago today since I lost my Mom. As I am sitting here this morning, it is hard to believe the events that have taken place since that day. I believed then and still do, that Mom's death was caused by negligence on the part of Hendersonville Health and Rehabilitation and Dr. Larry Joe Russell.
November 3, 2011, I received a call from Hendersonville Health and Rehabilitation at 5:07  am. The person calling spoke with a Hispanic accent, "your Mother is not breathing and they are trying to resuscitate her." That was all the information she was able to give me. I got dressed and drove straight to Hendersonville Health and Rehabilitation, I arrived there around 5:20, and I had to ring the doorbell to get in. I was let in by a CNA who seemed pretty shook up, and led to the nurses desk that was right across from Mom's room. I spoke to the only person there, Tammy Mace, RN. Nurse Mace told me that they had found Mom in bed that morning and that she was not breathing. She told me that they started CPR and called the EMS, who took over and transported Mom to Pardee Hospital in Hendersonville NC. I drove to Pardee and arrived there just as they were wheeling Mom in from the ambulance. I went into the lobby and spoke to the attendant on duty. She took my information and had me sit in the waiting room until they assessed Moms condition.
I sat down in the waiting room in disbelief and called my wife to tell her to bring my son, and come to the hospital right away. As soon as I hung up, a nurse approached me and asked me to come with her. I was taken into a small room behind the reception desk and told that the doctor would be right in. Things were starting to hit me that this was not good. It wasn't long that Dr. Boleman, the ER doctor came in with a nurse. He proceeded to tell me that Mom had passed away and they did all they could. Then the standard "sorry for your loss speech" and he left. I was given some time alone, in which I notified my brother and sisters of what had happened. In the meantime my wife and son had arrived and I told them what had happened. This was the very day we had been celebrating Moms release from Hendersonville Health and Rehabilitation.
The events that have taken place since then seem like a bad dream. If anyone had told me that I'd become so involved in anything, I would have told them they were crazy. I became so motivated in my quest that it almost cost me my marriage.
The more I dug into the events leading to Mom's death, the harder it was to ignore. The fact is that anyway you look at the evidence we have collected, Hendersonville Health and Rehabilitation and Dr. Larry Joe Russell are definitely guilty of several different things. Patient abuse, negligence and Medicare fraud, to say the least.
I've spent over three hours in meetings with the FBI, I've spoken to two different Congressmen, two representatives from the CMS, the Ombudsman's office, the NC Medical Board, the NC Board of Nursing, the NCDHHS, Kathleen Sebelius, the Secretary of the DHHS, the NC State Medical Examiners office, an agent with the SBI and two different agents with the OIG. Most of these agencies I had never even heard of before Mom died.
My brother and I have spent countless hours researching nursing home ownership and State and Federal inspection reports. We have also researched the relationship between Blue Ridge Pharmacy and Hendersonville Health and Rehabilitation and Dr. Larry Joe Russell. I can also tell you that the owner, of Hendersonville Health and Rehabilitation also own many homes in NC and  Loraine Ohio.  Their office address is actually a post box at a Fed EX store in Arden NC.
It has been an eye opening experience for me to say the least. I have read countless stories about the horrors that occur in nursing homes. I've interviewed many people that have their own horrific stories. The sad truth is that animals are more protected than the elderly. There are plenty of laws meant to protect the elderly, but trying to find anyone to enforce them is all but impossible. I've been passed from one agency to another and back again.
I have spent four years trying to help make a change in the system to make sure that what happened to Mom doesn't happen to anyone else. At this point I cant really tell where my efforts have actually made a difference. I can no longer devote all my spare time doing this, but I will always be looking for an opportunity to make a change.

Friday, August 28, 2015

What more proof is needed before something gets done?

Dr. Larry Joe Russell, Annette Corn ,Susan Habel, Lara Mooney, Tammy Mace, Cookie Romeo and the Nov. 3, 2011 third shift staff at Hendersonville Health and Rehabilitation. Some of these people or possibly all of them, know what actually caused my Mothers death. I have spoken to all of them at one time or another, and have been told several different things.
From the information in Mom's records and what I know, Lara Mooney LPN is the one who could provide the answer. Nurse Mooney has fabricated documents in the medical records that cover up something. Whether she did so of her own accord or not I cant say. I wouldn't put it past any of the others to coerce her into doing so.
I have been looking for answers for four years as of November 3, this year. I started by going straight to Hendersonville Health and Rehabilitation. The answers I got and the attitude they had are what led me to look forward.
Next stop was Pardee Hospital, where Mom was pronounced dead by Dr. Boleman, the ER doctor on shift that morning. My brother and I actually met with Steve Pennoc and Gayle Sams RN at Pardee. We discussed the records that Pardee had on hand and procedures in the ER. I asked who Dr. Larry Joe Russell was and why he would sign the death certificate and not Dr. Boleman. I was informed that Dr. Russell was Mom's doctor at the rehab center. I had been looking in the obituaries in the local paper and found it alarming how many death certificates were signed by Dr. Russell. I asked if Pardee had a high percentage of deaths sent from Hendersonville Health and Rehabilitation. The response was as expected, very non committal. The standard "we don't keep track of that sort of thing". I had counted sixteen deaths at Hendersonville Health and Rehabilitation within a two month period. That doesn't count the people sent to Pardee to be pronounced by the ER doctors.
The next thing to do was to file a complaint with the NCDHSR. My brother and I both filed separate complaints. The response was that they were unable to substantiate any of our complaints. They put our complaints together and considered them one. Even though there were separate issues on each complaint. This led to a meeting with Gail Maloney, the western regional director of the DHSR. We produced documents that proved what we had alleged in our complaints. Ms. Maloney was defensive and indicated there was no one else we could go to. She suggested that they would do an administrative review, but that was all they could do. Ms. Maloney told us that she didn't have a copy of the inspection results, and that we would have to file a Freedom of Information Act request to get them. It took a year and a half to get that report!
In the meantime I made several attempts to get assistance from other agencies. I spoke to a representative of the Ombudsman's office, NC State Medical Examiners office, The SBI, Henderson County Sheriffs office, The NC Medical Board, The NC Board of Nursing, The NC Pharmacy Board, NCI Advancemed the Medicare Integrity contractor for this region and The FBI.
Of all the contacts I made there were only two that took me serious, The NC State Medical Examiner and the FBI. The medical examiners office was almost ready to order an autopsy until they received the falsified document created by Lara Monney LPN. Nurse Mooney lied about the events surrounding a fall Mom had sustained on October 30, 2011. If she had told the same story as Mom's roommate at the time there would have been an autopsy. The false document was dated Dec. 1 2011, a month after Mom died, and two days before the Medical Examiners office declined to order an autopsy.
The FBI went so far as to have my brother and I come into their office with our evidence. The initial meeting lasted over two hours. The agent was convinced that we had given him enough to initiate an investigation.
Since then I have contacted: two US Congressman, three US Senators, the office of The Inspector General, the CMS, Aldona Wos Secretary of the NCDHHS, Governor Pat McCrory, Kathleen Sebelius the Federal Secretary of DHHS, several people that responded to ads on Craigslist, some who have responded to this blog, and a representative of ABC News. I'm sure that I have left out more than one other , but there are so many.
I have two separate sets of medical records from Hendersonville Health and Rehabilitation oddly neither containing the same exact information or number of pages. I have through the FOIA, the results of the initial NCDHSR investigation of both mine and my brothers complaint. Again these records are full of inaccuracies and false statements and documents. Also my brother received the records of the NCI Advancemed investigation from the FOIA( again took over a year to obtain). That was the final straw, it proves on paper that our accusations concerning certain facts are accurate. We even have a collection of State and Federal statutes that have been violated. Yet with all this information, I am still no closer to having all the facts that would allow closure.
These people are stealing millions from Medicare and Medicaid. They are also allowing, even expediting the deaths of their "patients". What more proof do I need to provide them with before they react???

Thursday, July 23, 2015

The Lodge at Mills River, Sanstones two star " showplace "

The Lodge at Mills River, a SanStone property. This is a brand new 50 bed nursing home that was opened in November 2015. The Lodge at Mills River was built to take the place of BeyStone Health and Rehabilitaton, in Mountain Home.
Here are some quotes from an article on the Blue Ridge Now website, by one of the owners, Mike Deloach.

*Deloach said The Lodge will serve as SanStone’s “showplace” community, which is why the company is relocating its offices from Biltmore Park to the Mills River facility.
*“We’re one of the smallest — or the smallest — in Western North Carolina,” Duncan said. “Which, I think, gives us a more family-oriented, home-like environment.”
*“That’s the way of the future. That’s what people want,” Deloach said. “We’re trying to create the ‘anti-nursing home’ nursing home.”
 
According to what I've read, this place is like a resort. Vaulted ceilings, wood floors, dark wood furniture and accents, sunrooms and porches. That's not all folks they also have a "café style dining room, coffee and ice cream bar and hair salon! And if that weren't enough to get you signed up, they even have flat screen TV's.

Here is the description copied from the SanStone website :
About Us
The Lodge at Mills River is western NC's newest skilled and rehabilitation center. We celebrate our grand opening on November 17th with the Mills River community.
Striving for excellence, we promise to serve our residents and their families with compassion and integrity during this vital and often overwhelming time of their lives. For all of our professional services, The Lodge is committed to providing experienced care in a cheerful environment that features 38 private rooms, a rehab gym, and spacious common areas.
We invite you to visit our community, meet our dedicated staff, and discover for yourself what makes The Lodge at Mills River a leader in rehabilitation and residential care.
Wow that is quite a place, if you believe what Mike Deloach and the staff have to say. I have prior experience with SanStone, and find it hard to believe anything they say or publish. That said I decided to look them up on Medicare.gov to see their rating. Medicare.gov uses a star rating system, one being the lowest and five the highest. With all the hoopla over The Lodge at Mills River, you would expect a pretty high rating. I mean Mike Deloach himself said this was a " showplace " community. It was no surprise to me to see that they had a two star rating, which is below average!
I am assuming, like all their other facilities, they spend their money on cosmetics, and operate with a minimum staff. Nursing homes need nurses! All of the bells and whistles offered and they still can only rate two stars?
Don't believe a word these profiteers say about what they can do for you. From my experience and interviews with past patients and the families of those who didn't survive a SanStone facility, it is simple economics. It all boils down to one major thing; staffing. Staffing is a major expense in any business, but a very important component , especially in a nursing home. Unlike a restaurant, if you don't like the service, you cant just get up and leave. 
Most of the major travel websites use the star rating as well. I for one will not stay at a hotel that has no more than two stars. No matter what the advertising says I wont eat at a restaurant that doesn't have more than two stars. Yet here is a nursing home that claims to be a " showplace " but only two stars from Medicare.gov. I bet they rarely have an empty bed.
I am posting the link to their review on Medicare.gov so you can see for yourselves.  

Thursday, July 9, 2015

Taxation without Representation? Who ya gonna call ?

This morning I was watching the news and there was a story about a woman who was arrested and charged with a felony for mistreatment of animals. Seems that this woman was keeping dogs in her house to sell them. The animals were malnourished and the conditions were unsanitary. There were several misdemeanor charges and a charge for felony mistreatment of animals. The woman was arrested and taken to jail.
I have written before about how animals are treated as if they were more valuable than human beings. Examples of similar treatment of the elderly are all over the Medicre.gov nursing home compare website. There are inspections citing nursing homes for unsanitary conditions, malnourishment, and personal hygiene issues. There are stories of sexual abuse, physical abuse , theft and emotional abuse. These are real stories about real people, not animals. The punishment for these actions is usually just " reeducation " of the staff, and on rare occasions a small monetary penalty.
The woman who did these things to her animals is in jail, and the nursing homes are being "reeducated". Just doesn't seem right.
The main difference in the two situations is that the nursing homes have enough money and influence to avoid accountability. The other is that it is easier for people to like a cute little puppy, than an older person who is frustrated and not always pleasant. The same people who would let a nursing home patient lie in their own waste, would probably go home and clean up after the puppy had an "accident" without a second thought.
You could argue that animals have no say in where they live, but the elderly in nursing homes have to take whatever bed that is available. They have little if any more choice that that little puppy. Most would rather not rely on anyone else to take care of them, they simply have no choice. If you have ever been in a nursing home, I would venture to say that you would not make a choice to live there.
People in nursing homes are there because they need more care than can be provided at home. We trust that they are being cared for in a "regulated" facility. We expect that they are being fed, bathed, assisted to the bathroom if needed, and personal hygiene is being taken care of.
Medicare.gov posts the results of their inspections on their website, and they would suggest something different. These nursing homes and the Doctors are being paid for providing the proper care, and yet they are constantly cited for the failure to do just that. The taxpaying citizens are financing the substandard care, often times at inflated costs. The government is not doing their job to make sure we are getting what we pay for.
I have been to the register of deeds office in the Henderson County Courthouse and reviewed books of death certificates, Specifically Dr. Larry Joe Russell. It is amazing how many of the good doctors "patients" are dying from a "failure to thrive". These are patients in nursing homes, people that are being cared for 24/7, by a "professional" staff. How could so many be failing to thrive?
Should Dr. Russell and his staff , and the staff at Hendersonville Health and Rehabilitation be arrested or felony mistreatment of human beings? Is it sufficient that they are simply " reeducated " or fined a meager amount for this mistreatment. Do they really need to be reeducated to make sure that people are fed, bathed, clothed, and medicated properly?
The NCDHSR is the agency that inspects these facilities, and on inspection days their arrival is announced before the inspection begins. This gives the staff time to rush around fixing anything that they might get written up for. The investigators or " surveyors " usually have a nursing background, or something similar. They already know when they walk in the door what kind of things are going on in these places. It is obvious that much of the deficiencies are so prevalent that they don't even seem to matter.
The NCDHSR is a branch of the NCDHHS, which is headed by Dr. Aldona Wos, who was appointed by Governor Pat McCrory. The NCDHHS is a branch of the DHHS, a federal agency headed by Sylvia Mathews Burwell, who under questionable circumstances replaced Kathleen Sebelius in late 2014.
I have personally contacted each branch of the DHHS, State and Federal, all the way to the top. I have written to Governor Pat McCrory three separate times and have never received a reply. I have reached out to Senators and Congressmen with little to no response. As a citizen of the State of North Carolina and the United States of America, I am entitled to representation. As citizens we need to stand up for representation of the people. Elected officials are representing the corporations and their friends who have serious money invested in these places.
I will continue to write about these injustices till I am heard. I would welcome comments or opinions from anyone reading these posts. I'm sure of the 8,500 plus people reading this someone must have something to say. Stand up and fight for your representation, you are paying for it!!!

Friday, June 12, 2015

Todd Davis, Kom Britt, Paul Yockey, Beverly Speroff, just plain stupid or is it corruption?

I have had time to review the information received from NCI Advancemed, the zone program integrity contractor for Medicare. There is one thing for sure, that is that the NCDHSR investigation was a farce. There is definitely reason to believe that someone is paying someone to look the other way.
It is also apparent that Dr. Larry Joe Russell is no stranger to stealing from Medicare. Turns out that Larry Joe got caught with his hand in the Medicare cookie jar and had to repay $116,520.00 . Seems he was billing for services he was not providing! That's exactly what he was doing in Mom's case. I guess old habits are hard to break especially when they make you rich.
There was a claim that Dr. Russell was "pre signing" forms for his mid levels, "who are of course, very well paid". As for Hendersonville Health and Rehabilitation, they were accused of keeping beneficiaries longer than necessary. It looks like everything Dr. Russell is involved with is on the shady side.
Why is it that Todd Davis, Paul Yockey, and Kim Britt couldn't see anything wrong. Are they so stupid that a bunch of number crunchers ( NCI Advancemed ) can see the obvious but they cant? How many lives have been lost because of the corrupt employees of the NCDHSR ? If they actually performed thorough investigations, lives would definitely be saved.
I have contacted Beverly Speroff, the Chief of the Nursing Home Liscensure and Certification Division of the NCDHHS. Ms. Speroff has informed me that they were not interested in anything I had to say, and I could file another complaint if I wanted, but there would be no more discussion from her office. Next I contacted Aldona Wos, the Secretary of the NCDHHS, her office has no interest in learning about the obvious flaws in the system. Last but not least I attempted to contact Governor Pat McCrory, and have never even received the courtesy of a reply. I guess he is too busy covering for his friends at Duke Power and their coal ash issues.
The bottom line is that the elderly patients in nursing homes have no one looking out for them. It's bad enough for the ones that are capable of complaining, but what about those who aren't ? What kind of treatment is provided to the dementia patients, or the ones that are to weak to speak up ? I shudder to think of the abuse that these people suffer.
There is a reason Dr. Russell signs so many death certificates with " failure to thrive ". If they are being properly taken care of, how can they fail to thrive? I looked up the term " failure to thrive " in medical publications. Here is one example of the many articles I have read.
"Although it's been recognized for more than a century, failure to thrive lacks a clear definition, in part because it's not a disease or disorder itself. Rather, it's a sign that a child is undernourished. In general, kids who fail to thrive don't receive or cannot take in, keep, or use the calories that would help them grow and gain enough weight.
Doctors usually diagnose the condition in infants and toddlers — an important time of physical and mental development. After birth, a child's brain grows as much in the first year as it will grow for the rest of a child's life. Poor nutrition during this period may have lasting harmful effects on brain development."
I guess the same would apply to the elderly, basically they are starving to death. Hendersonville Health and Rehabilitation allows this to happen regularly according to death certificates signed by Larry Joe. The reason this happens is that if you dont have the strength to eat, they do not have enough employees to assist with meals. According to Mom's records, she required assistance with meals due to poor vision. The only assistance she received was from the family members that would be there at meal time.
The bottom line is if you have someone you care about in Hendersonville Health and Rehabilitation, watch out for them. Despite all the money they are charging, they are not providing the care necessary for their patients to thrive. Sanstone, who operates Hendersonville Health and Rehabilitation has other facilities, and I would guess they are all the same.
Look at all the pretty landscaping and the clean exterior of their properties. Seems like landscaping and putting greens are more important than nursing staff. It is not always the staff's fault. They are overworked and underpaid, creating a who cares attitude. In a place where people are so fragile, that's a dangerous attitude to have. Watch out for these people, they are dangerous!