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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 Americas
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Six are in their 90s, one convicted at 86
July 12, 2004 A shocking study reveals
hundreds of registered sex offenders living in nursing homes in
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yesterday by the non-profit disability and elder rights group, A
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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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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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