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Cox commissioned the studies to evaluate the effectiveness of Michigan's statutes in response to a disturbing series of cases uncovered by his Health Care Fraud Division. The division, which investigates and prosecutes Medicaid provider fraud and residential care facility abuse and neglect, uncovered that 43% of individuals and 25% of employees charged for crimes against residents in the past three years had past criminal convictions.

The results of the two studies completed in 2005 were equally disturbing. The first reviewed the criminal backgrounds of a statewide sample of Michigan's 40,000 Certified Nurse's Aides (CNAs), the single-largest group of certified workers providing direct care to residents. Of the more than 5,500 CNAs studied, 9% had a total of 836 outstanding criminal warrants and 3%, or 170, had past criminal convictions.

The second study checked the backgrounds of entire employee populations -- from CNAs to administrators -- at four nursing homes in different regions across Michigan. A total of 618 employees were checked and 58, or more than 9%, had 101 outstanding warrants; 68, or 11%, of the staff had past criminal convictions.

In both studies, the criminal histories included homicides, armed robberies, criminal sexual conduct, weapons violations, drug charges, and retail fraud.

"The owners, operators, and employees of Michigan's almost 5,000 residential care facilities are the people we entrust to care for Michigan's most vulnerable citizens," said Cox. "When one out of ten of these employees have serious criminal histories, it is clear that we need to do more to protect Michigan seniors."

On Friday, Cox notified each of the State's approximately 5,000 residential care facilities of the report's findings and submitted a comprehensive proposal to the Legislature that would enhance Michigan's criminal background statutes. In addition, the Health Care Fraud Division has requested information from facilities regarding employees with criminal histories.

"It is only through our combined efforts that we can reform the system and effectively achieve the level of protection Michigan's most vulnerable citizens deserve and that we all expect," said Cox.

The Attorney General's Health Care Fraud Division is one of 49 federally certified Medicaid Fraud Control Units. Medicaid fraud investigations and prosecutions include false billings, unlawful delivery of controlled substances, practicing medicine without a license, kickbacks, and bribery schemes. Abuse and neglect investigations and prosecutions include physical assault, criminal sexual conduct, identity theft, theft of residents' property and funds, and harmful neglect in Michigan residential care facilities. The division also initiates civil actions, including asset forfeiture and claims for Medicaid overpayments.

In conducting its activities, the division works closely with other agencies such as the Federal Bureau of Investigation, Drug Enforcement Administration, Department of Justice, Michigan State Police, state regulatory agencies, local law enforcement agencies, and private health insurance companies.

To report Medicaid provider fraud or identity theft/patient abuse in a Michigan resident care facility, call the Attorney General's 24-hour Hotline at 800 24-ABUSE (800-242-2873); e-mail hcf@michigan.gov ; or visit the Attorney General's Web site at http://www.michigan.gov/ag .

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Michigan Nursing Homes Employ Hundreds of Criminals

AARP joins Michigan AG in unveiling new initiative

June 2, 2005 – Two Michigan studies have found almost 10 percent of the employees in nursing homes there have criminal backgrounds that include homicide, criminal sexual conduct, weapon charges, and drug offenses. The findings come three years after Michigan's first law requiring criminal background checks of prospective residential care facility employees went into effect.

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Hundreds of Sex Offenders in America’s Nursing Homes

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July 12, 2004 – A shocking study reveals hundreds of registered sex offenders living in nursing homes in 37 states across America, according to findings released yesterday by the non-profit disability and elder rights group, A Perfect Cause. Read more...

 

Michigan Attorney General Mike Cox was joined by Bill Knox, AARP of Michigan's Associate State Director of Government Affairs, in unveiling a new initiative to address the problems raised in the Attorney General's report.

"Many of us have had to face the difficult decision of whether or not to place a loved one in a nursing home," said Cox. "In three years, as the first group of 78 million baby boomers begins to retire, the safety of Michigan's nursing homes should be on all of our minds. When we place our loved ones in these facilities, we expect that our family members will receive the highest standard of care.”

“A system that fails to meet those expectations by allowing hundreds of criminals daily contact with residents must be changed and I am committed to changing it," Cox added.

"AARP has 1.5 million members in Michigan, many of whom are among the state's vulnerable adults living in residential facilities," said Knox. "The Attorney General's report exposes major flaws in Michigan's current laws and we agree they need to be strengthened to provide our members with the protection they deserve."

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