Showing posts with label Nursing Home - Legislation. Show all posts
Showing posts with label Nursing Home - Legislation. Show all posts

February 17, 2015

State moves toward separately housing violent SNF residents

The majority of the cited places were something violent happened, there was no indication of a violent past for those folks before violent incident; first time offenses and they likely will wind up in prison. So who would be put in this NEW facility? (Bill details are here)
2-17-2015 Iowa:

Iowa moved one step closer to a plan that would transfer violent public nursing home residents to a segregated government- or private agency-managed facility using state money.

The state Senate late last week approved a measure that would establish a task force to study the plan. It was spurred mainly by issues with elderly psychiatric patients, including four sex offenders, at a state mental institution in Clarinda.

Gov. Terry Branstad's (R) administration wants to close the facility, as well as one in Mount Pleasant, according to the Des Moines Register.

Nursing homes across the country have occasionally been challenged by caregivers with violent pasts, but when the residents themselves turn violent, there can be other serious ramifications. Several recent incidents of resident-on-resident violence in Texas and Michigan have rattled the nursing home industry.

Corrections officials in Oklahoma are considering a pilot program that would house aging convicts in a long-term care facility. Earlier state laws already allow the Department of Corrections to contract with a private nursing home to care for chronically ill registered sex offenders.

Cornell University researchers recently found that nearly 1 in 5 people living in nursing homes is involved in at least one aggressive encounter each month, and resident-to-resident mistreatment is under-reported at some long-term-care facilities.

The Iowa bill is expected to be considered by the Senate Human Resources Committee soon. ..Source.. by John Hall

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February 7, 2015

Victim’s family: Keep sex offenders in mental institutes

UPDATE 2-15: Iowa urged to be careful in closing mental hospitals
2-7-2015 Iowa:

To all Iowa residents who may now or in the future have a loved one residing in a nursing home, assisted living facility, or MHI:

I have just read a Register editorial, “Weak rules for care facilities worsen” and an article, “4 Sex offenders live at mental hospital being closed.” Another, “Sex offenders at Clarinda taken off registry,” and yet another “Where are these sex offenders now?” This comes on top of the plan to close the MHI facilities in Clarinda and Mount Pleasant. Gov. Terry Branstad decided that saving money in his budget is more important than the welfare of the citizens he was elected to protect.

More than three years ago, my mother-in-law was the victim of sexual assaults by a four-time convicted sex offender in the Pomeroy Nursing Home. He was released from the Cherokee MHI to the Pomeroy nursing home in December of 2010. In January of 2011, my mother-in-law, Mercedes Gottschalk, came out of the lounge and told the staff that he had tried to assault her. Over the next eight months, according to the investigation, she may have been assaulted many, many, many, many, more times until an 8-year-old girl visiting her mother passed by Mercedes’ room and saw him assaulting her. She was hollering, “No! No! No! No!”

Mercedes never got her day in court. She died with her family by her side Oct. 23, 2012. She was a devoted wife and mother and a devout Missouri Synod Lutheran. At that time there were 47 convicted sex offenders in nursing homes in the state. Do you have a loved one in a nursing home? We were told that the nursing home does not have to even tell us if a convicted sex offender is living there. The Pomeroy grade school brought children on a regular basis to visit the residents of the nursing home. The school was never told that two child molesters were among the residents.

Branstad appointed a “study group” to come up with some options for placement of convicted sexual offenders. They met once and disbanded. If closing these facilities is the govenor’s solution, he really does not care about the safety and welfare of seniors and others that need assistance. If it was his mother or wife living in a nursing home, I have no doubt that the regulations and rules would be much different than those proposed or now in place!

The court dates were postponed several times before a court ruled that William Cubbage was unable to stand trial due to dementia and mental illness. Those are about the same reasons that the Cherokee MHI used to release him to Pomeroy. Coincidentally, Mercedes’ family filed a lawsuit against the Pomeroy Nursing Home and the state prior to these postponements and rulings. You may not think that any of this stuff affects you, but at some point in time, all of us may be living in a nursing home or assisted living facility or have a family member there. Would you want a convicted sex offender living down the hall from your wife or mother? Most nursing homes have the minimum number of staff now to try to manage the care and well-being of all residents. These new rules will allow even less oversight.

Department of Human Services Director Charles Palmer stated that there is no plan in place to house the current residents and sex offenders in Clarinda and Mount Pleasant, but that DHS would work with private facilities to place them. What private facilities? Nursing homes? The people that may have a temporary setback and need some guidance from a mental health professional will have to travel hours away from their friends and families when their support is needed the most! Taxpayers will foot the bill for extra deputies just to spend the time transporting court ordered commitments. Ask your sheriffs what they think.

Everyone, please contact your representatives or senators. Tell them to use some common sense. Keep Clarinda and Mount Pleasant funded. Pass laws that keep convicted sex offenders out of nursing homes and assisted living facilities. They belong in secure MHI facilities like Clarinda and Mount Pleasant, where they can never again assault your loved ones. ..Source.. by KENNETH RASSLER

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December 10, 2014

Pasco commissioner seeks new housing restrictions for sex offenders

12-10-2014 Florida:

WESLEY CHAPEL — Pasco Commissioner Mike Moore wants to make it more difficult for registered sex offenders to live in Pasco County.

Moore announced Monday he would seek a local ordinance prohibiting convicted sex offenders from living within 2,500 feet of schools, school bus stops, playgrounds, day care centers, libraries, nursing homes or assisted living facilities. State law now sets that distance at 1,000 feet and applies it only to schools, playgrounds and day care centers.

If approved by the full commission, the ordinance would restrict newly released offenders, but it would exclude the 871 registered sexual offenders now residing in the county.

"This is not going to be a safe haven for sexual offenders,'' Moore said.

His proposal is modeled after an ordinance in Miami-Dade County that is subject to a federal court challenge by the American Civil Liberties Union. Moore's proposal also comes less than two weeks after the Wall Street Journal reported that some communities are retreating from these housing buffers because they are ineffective or make it more difficult for authorities to track offenders. Palm Beach County, for instance, relaxed its housing restrictions in July after being sued by a registered sexual offender who said the ordinance left him homeless.

"We can't be scared of lawsuits when we propose an ordinance,'' Moore said.

He acknowledged that including school bus stops eliminates substantial housing options for the offenders. The Pasco County School District has 4,400 locations for its bus stops, most of which are at least 2 miles from one of 76 school campuses.

Moore announced his plan at the Pasco Sheriff's Office substation in the Shops at Wiregrass mall. He was joined by Sheriff Chris Nocco and two detectives from the sheriff's sex offender unit.

"There's people that will question this,'' Nocco said, "but as a society we have to decide what's more important — our children or sex offenders and sexual predators?''

Moore said he would propose the ordinance during the commission's Dec. 16 meeting and hoped a vote could be scheduled in January. In Pasco County, the city of New Port Richey has a 2,500-foot buffer for sex offenders, and the city of San Antonio uses 1,500 feet. ..Source.. by CT Bowen

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November 12, 2014

FOX19 Investigates: Sex offenders in local nursing homes

For all those who think this is a good idea, consider, sex offenders are often targeted by vigilantes, so this bill would also place other residents of the facility at risk. Lawmakers frequently FAIL to think through these bills, this is but one example.
11-12-2014 Ohio:

CINCINNATI, OH (FOX19) - If your loved one resides in a local nursing or rehabilitation facility, they may be living with a sex offender and not know it.

A new Ohio state law now requires nursing and residential care facilities to screen for registered sex offenders. If the search identifies the individual as a registered sex offender and the person is admitted to the facility, administrators must also develop a plan of care to protect other residents' rights, notify all other residents and their loved ones that a sex offender has been admitted and direct the individual in updating their address in the Ohio state internet-based sex offender registry. The law took effect September 15, 2014.

The new requirements only apply to sex offenders admitted on or after September 15. The law does not address sex offenders living at facilities prior to that date.

For years, the old state law required local sheriffs to notify anyone living within 1,000 feet of a sex offender, but an unintended loophole did not require administrators of long-term care facilities to notify residents and their sponsors when a sex offender was admitted.

FOX19 Investigates searched the Ohio state sex offender registry and identified 17 sex offenders with addresses listed as nursing and rehabilitation homes in the Cincinnati area. The registry does not specify when the address became effective or how long the individual has lived there.

We showed photos of sex offenders with registered addresses listed as nursing homes to residents and family members of some of the facilities. At one Cincinnati nursing home, one man told us they recognized one of the sex offender photo as a fellow resident.

“I got nieces and nephews that come in here, that are underage,” said resident David Wallace. “I think that's something that needs to be looked into.”

“Shocked, little scared, shocked," said Sonja Tinker, a resident at another Cincinnati nursing facility, listed as the home address for several sex offenders on the state database. Tinker was concerned the new law does not include notification of sex offenders admitted prior to September 15, 2014.

“Just because they've already been there, they came the day before that, you know, you don't know," Tinker said.

The Ohio Attorney General's office maintains the state registry as a public service tool. According to information on the state database, a sex offender is required to register annually with law enforcement. Attorney General Mike DeWine said the new law is a significant step in addressing the loophole in the old law.

“The way the law was written September 15th is the day," De Wine said. “I would say most laws are not retroactive, I think it's an exception to make a law retroactive. Could they have done it? I don't see why they couldn't have done it, but that's not what the law says."

We contacted the Cincinnati-area nursing homes sex offenders listed as home addresses on the state registry. All of them said they are aware of the new law and are in full compliance. ..Source.. by Hagit Limor

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April 6, 2014

Law would mandate sex-offender alerts at nursing homes

Fear mongering by lawmaker who wants to garner favor from constituents.
4-6-2014 Ohio:

State lawmakers want to close a loophole that requires neighbors to be notified when a registered sex offender moves into a nursing home but not the people who live there or their families.

“As it stands now, if I live next to a nursing home, I’m going to be notified if a sex offender moves in. But if I’m in the room with a sex offender, I probably won’t know it,” said Beverley Laubert, the state’s long-term-care ombudsman with the Ohio Department of Aging.

Current law requires notification of anyone living within 1,000 feet of a sex offender. However, it does not require nursing-home administrators to notify residents, family members or guardians.

Legislation in Gov. John Kasich’s mid-biennium budget review would require administrators of nursing homes and assisted-living centers to check the names of all prospective residents against the state’s electronic sex-offender registry.

They also would be required to assess the potential risks of admitting that person and to create a plan if they do that includes information about how they would provide a safe environment for everyone, including the offender.

The administrators would then have to tell the other residents and their family members or guardians that a sex offender had moved in and describe the plan to protect them. They also would be required to help sex offenders change their addresses with the local sheriff’s office if they haven’t done so themselves.

“We’re simply trying to correct an unintended consequence of the original law. It’s that simple,” said Bonnie Burman, director of the Department of Aging.

The new requirements are part of a larger bill that could go to the House for a vote this week. Ohio lawmakers have tried several times to change state law so that nursing-home residents are notified when a registered sex offender moves in, but those efforts have failed.

Nationwide, 14 states have enacted laws related to sex offenders in long-term-care facilities, but only five of them require that other residents be notified.

“I think it would be a good first step,” state Sen. Capri Cafaro said. “Anything that promotes better protection of the frail and vulnerable older adults in our state is worth pursuing.”

In 2010, Cafaro, a Democrat from Hubbard in northeastern Ohio, introduced a provision aimed at identifying when the most-serious offenders intended to move into a facility. That bill included a measure to fine facilities $100 a day per violation if they didn’t comply.

A Dispatch investigation at the time found that 110 nursing-home residents and six employees statewide were registered sex offenders. Fifty-one were concentrated in four nursing homes, including 26 at Carlton Manor in Washington Court House. That one closed this year after the Ohio Department of Health revoked its license because of failed inspections and a history of problems.

While admirable in concept, the law might prove to be a difficult balancing act, said Jane Straker, a senior researcher at the Scripps Gerontology Center at Miami University.

“Who doesn’t want to take care of frail, older adults if we perceive that they might be in danger? But sex offenders can also be frail, older adults in need of help,” she said. “It’s a huge dilemma, and I don’t know the answer.”

Straker said research hasn’t been able to show a link between resident abuse and registered sex offenders in long-term care. And predicting which residents are likely to abuse others has been problematic.

Some people worry that notification would create unnecessary fear among the other residents and their families.

“If you ship out a notice that you’ve just admitted a sex offender, a mass exodus will probably ensue, and no one wants that,” said Peter Van Runkle, the executive director of the Ohio Health Care Association, a nursing-home industry group.

To prevent that from happening, he predicts that most nursing homes would simply say they don’t have the staff and other resources to meet a sex offender’s needs.

And if a nursing home did accept a registered sex offender, “would it become a scarlet letter?” asked Steve Wermuth, interim president and CEO of LeadingAge, which represents nonprofit nursing homes.

But state officials said those fears are unfounded.

When it has been previously revealed that a sex offender has lived at a nursing home, “nothing awful has happened,” said Laubert, the state’s ombudsman.
..Source.. by Encarnacion Pyle

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February 14, 2013

Register Investigation: After nursing home slaying, new legislation

Unbelievable, Iowa lawmaker using a situation which HAS NOTHING to do with sex offenders, to pass a law covering sex offenders. Is there a better example of legalized vigilantism?
2-14-2013 Iowa:

Rules apply only to sex offenders, not violent residents such as man charged in Fayette County death

In the wake of a brutal homicide at a Fayette County care facility, state lawmakers are again examining the issue of violent criminals living in Iowa’s nursing homes.

The Iowa House is considering a bill that would require care facility administrators to notify patients, visitors, workers and others when a registered sex offender moves into the home. But the bill is silent on violent offenders convicted of crimes that aren’t sexual in nature.

The Des Moines Register last year identified at least 42 registered sex offenders living either in nursing homes for the elderly or the more lightly regulated residential care facilities for disabled adults. The Register’s report also detailed several incidents in which known offenders moved into the homes and then sexually assaulted their fellow residents.

The Register’s investigation into the Fayette County homicide reveals that the suspect, 35-year-old Matthew T. Braun, had been diagnosed with paranoid schizophrenia and had a well-documented history of violence toward family members and police before he was admitted to the Prairie View Residential Care Facility last summer. Braun had been arrested 10 times for various forms of assault, and had eight convictions for willful injury and assault, with most of the victims being police officers or corrections officials, court records show.

John Tapscott, a former state lawmaker who now advocates for the elderly, says too many of Iowa’s care facilities have evolved from “safe havens for the elderly and the disabled” into “holding facilities for sexual offenders or those with a history of violence or criminal convictions.”

The home’s administrator, Sylvia Mork, declined to answer questions about the case but said in a written statement that Braun — who is now being held awaiting trial — was “immediately removed from the facility” after the killing.

She said the home will “continue to screen prospective residents to ensure that we can meet their needs and protect the safety and welfare of our residents.”

Prairie View is a 90-bed care facility that was staffed by only three workers the night of the killing, state records show. The facility is owned by Fayette County but is managed by Prairie View Management Inc., a nonprofit organization run by a six-member board that includes Marjorie Strudthoff.

Strudthoff, 79, said the board has never discussed the assaults that have taken place at Prairie View, or the risk posed by violent offenders. She said the home’s administrator informs the board of some of the incidents that occur in the facility, but that information is limited.

“We’ll get some information, but not much about what is going through the police ...continued... by Clark Kauffman

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February 6, 2013

House panel OKs bill setting guidelines for placing sex offenders in nursing homes

2-6-2013 Iowa:

A bill issuing state guidelines for the placement of sex offenders in nursing homes cleared an Iowa House subcommittee on Wednesday and was sent to the House Human Resources Committee.

Rep. Joel Fry, R-Osceola, who chaired the subcommittee, said House File 53 will begin the process of finding beds for sex offenders in case they can’t be housed or shouldn’t be housed in certain facilities. The legislation also proposes a long-term study of how Iowa will care for sex offenders with appropriate medical care and security care while respecting their rights, he said.

The bill is being closely watched by Iowa’s nursing home industry, groups representing older Iowans, the Iowa Department of Human Services and Iowa Department of Corrections, justice reform activists, and others. Similar legislation was approved by the Iowa House last year, but died in the Iowa Senate. A report by the Des Moines Register in December 2011 found that at least 42 convicted sex offenders were residing in 21 Iowa homes for the elderly and disabled. ..Source.. by William Petroski

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April 19, 2012

Small price to protect frail Oklahomans

4-19-2012 Oklahoma:

How much is it worth to make sure your loved one - your mother, grandmother, father, grandfather or child - who lives in a long-term care facility or who uses home care is protected from potential abuse?

What if we could add an extra layer of protection for Oklahomans who use home-care providers for about the same price as it costs to have a Big Mac at McDonald's? The answer is simple: Most of us would gladly pay $4 to ensure Oklahoma's most frail and vulnerable residents are protected from potential abusers.

Special interests at the state Capitol are working hard to defeat a bill in the Legislature that would require nursing homes, assisted living and residential care facilities and home-care providers to perform fingerprint-based, nationwide background checks on future employees with direct patient access.

Twice, AARP has stood up to these powerful special interests who think $4 is too much for home-care providers to pay to add fingerprints to background checks when they currently are not required to check the Sex Offender and Violent Offender Registries when conducting background checks on future employees.

And now, unless the state Senate votes on House Bill 2582 by April 26, and ensures the bill eventually becomes law, Oklahoma will send a powerful message to the rest of the country: Four dollars - less than the cost of a car wash - is just too much money to protect our most frail and vulnerable residents from potential abusers.

What does this say about Oklahoma? Are profits more important than the safety of our nursing home, long-term care and home-care patients? Can we put a price on the safety of these people, many of whom are older and disabled?

The facts are clear: Significant evidence exists that there are employees working in Oklahoma long-term care facilities who have been charged with harmful acts in other states. They simply cross state lines and work in our long-term care facilities because we don't require home-care providers to check the Sex Offender and Violent Offender Registries. This bill would broaden the law and require home-care providers to check those registries.

HB 2582 wouldn't require any additional costs to nursing homes, assisted living or residential care providers. That's why, in addition to AARP, the Oklahoma Department of Health and the Oklahoma Aging Partnership, many nursing homes, assisted living and residential providers support HB 2582.

Even though we know all this, some home-care providers and their powerful lobbyists still oppose adding fingerprint-based, national background checks for future employees because it would cost them $4 - less than a cup of coffee at Starbucks.

This is not a partisan issue. It is about protecting the safety and well-being of older Oklahomans. What the Oklahoma Senate does on HB 2582 will directly impact thousands of our most frail and vulnerable residents.

We think $4 is not too much to pay to keep those Oklahomans safe. ..Source.. by Marjorie Lyons

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March 15, 2012

Bill on offenders in care centers advances

Utter nonsense, personal notification, if this is what is required then do away with the registry! And, a plan of how to protect folks from the registrant? Anyone ever heard of 911? If this is implemented businesses will have to drive costs for their services sky high (needing personal guards for everyone). Stupidity at its best... Remember, the government does not tell you how to protect yourself when in the public, excepting to be mindful of the registry. Hint hint..
3-15-2012 Iowa:

The Iowa House moved legislation Wednesday regarding sex offenders in nursing homes, as well as two other high-profile bills.

On a unanimous vote, House members approved new mandates for nursing homes and other care facilities to inform residents, employees, visitors and others when a sex offender is admitted as a resident. Facilities housing a sex offender also must develop a plan outlining how other residents, employees and the public will be protected from the offender.

The bill, House File 2422, now moves to the Senate for further consideration.

The issue arose following reports in The Des Moines Register identifying dozens of sex offenders living in nursing homes and other care facilities — including one case in which a known offender living in a nursing home was accused of assaulting another elderly resident.

Bill sponsor Joel Fry, R-Osceola, said the bill aimed to address short-term issues concerning the presence of offenders in nursing homes but also to study longer-term concerns over aging populations of known sex offenders that may increasingly be referred to care facilities with vulnerable residents.

The bill passed on a 93-0 vote, but not everyone accepted it wholeheartedly. Rep. Mary Wolfe, D-Clinton, said she supported the bill, but wondered aloud whether it may face constitutional concerns.

She implored lawmakers to consider sex offenders’ rights alongside those of others.

“I just hope that as we go forward we keep in mind that we do have to balance the very legitimate need to protect our family members, people who are in these institutions and may not be able to protect themselves, against the constitutional rights of people who for whatever reason are on the sex offender registry,” she said.

Fry replied that he recognized her concern, and felt the bill struck the right balance.

“We want to walk that tightrope to make sure those rights are protected but also to make sure the rights and the safety of those individuals who reside in those facilities is also balanced and protected,” he said. ..Source.. by JASON NOBLE

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January 11, 2012

Iowa governor introduces LTC sex offender rule

I wonder, will specifically notifying anyone -under the requested bill- be a violation of HIPAA? HIPAA requires privacy of medical information.

A READER POINTS OUT: Sometimes elderly Parkinson's patients become hypersexual because of the commonly used drug Mirapex [an increased interest in sex] that their doctors prescribe in increasingly stronger amounts. Compulsive gambling and sexual abuse have resulted. So who owns the problem? Are the doctors off the hook for their ignorance? Are nursing homes (administration) uneducated regarding dopamine agonist meds [Pathological addiction (gambling, shopping, internet pornography, hyper-sexuality)]and their contribution to sexual addiction? What about the drugs companies complete awareness of this and ongoing silence? Should these elderly people be treated as dirty old men and sex offenders?

OTHER DRUGS CAUSING INCREASED LIBIDO: See Frequency column.
1-11-2012 Iowa:

Iowa governor Terry Branstad (R) will ask the state legislature to require notification when sex offenders move into long-term care facilities, he said Monday.

Branstad said there are around 55 sex offenders living in various types of care facilities in the state. The bill, if passed, would require that residents, staff and members of the community be notified when a sex offender is committed to a care facility. It would be enforced by the Department of Inspections and Appeals.


Sex offenders in nursing homes has long been a contentious issue, with requests for Congress to improve tracking and some states requiring resident background checks. A 2005 Government Accountability Office report estimated there were close to 700 sex offenders living in long-term care facilities nationwide. ..Source..

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November 19, 2011

States consider legislation to track sex offenders at nursing homes

11-19-2011 Tennessee:

MEMPHIS, TN - (WMC-TV) - There's enough to worry about already when you put a loved one in a nursing home, but have you ever thought about the registered sex offenders who live there? Some states are considering legislation to warn potential tenants of the risk of moving in.

Wes Bledsoe is the founder of A Perfect Cause, a nursing home watchdog group. A Perfect Cause documented more than 60 suspected rapes, sexual assaults, physical assaults and murders committed by people living in long-term care facilities nationwide.

Notice, he doesn't say those were committed by registered sex offenders. Reality is, there were committed by employees other residents and folks (sometimes felons) placed there on a temporary basis because they needed the care of the nursing home. In addition, he does not define sexual assault, which can be as simple as a touch due to the way laws are constructed.
"Who else would be so vulnerable except a small child?" he asked.

One victim WAS a small child: a 3-year-old girl visiting family at a Texas nursing home where a registered sex offender lived.

"There needs to be notification of every entrant into the facility that there is a violent or sexual offender in that facility," Bledsoe said. "That way, when we have school groups, church groups or civic groups coming to entertain these residents – these children - we can make sure they're being protected."

Currently, A Perfect Cause reports 1,800 registered sex offenders living in nursing homes around the country.

Tonya Glassco researched at least four facilities before choosing one for her mother-in-law, and each time she asked if sex offenders lived there.

"Yes, I did, because there are some dirty old people out there," she said.

But aside from state sex offender registries, Tennessee, Mississippi and Arkansas do not require notification be given to nursing home residents or their families when a sex offender moves in.

Lawmakers in Alabama are considering a bill that would do just that.

"What this bill does is mandate to the owners of the nursing home or assisted living facility that if they receive an individual who may be a sexual predator that they notify first the residents, then the Department of Senior Services, and also the local D.A. that that individual is in that facility," Rep. Jeremy Oden said.

The Action News 5 Investigators discovered at least two registered sex offenders who list a Memphis nursing home as their address.

- Johnny Kilpatrick was convicted of sexual battery in 1998. He now lives at Spring Gate Rehab and Rehabilitation on Old Covinginton Pike. A manager there didn't know he was a registered sex offender until the Action News 5 Investigators called. The manager said, "We want to make sure our residents are protected. Mr. Kilpatrick is harmless, he won't endanger anybody. We will address it."

- A Shelby County jury convicted Joseph White of rape. According to the Tennessee Sex Offender Registry, White lives at Ashton Place on Walnut Grove. But Ashton Place told Memphis police that White hasn't been there in two years. As cops were obtaining a warrant for White, they quickly discovered he was already dead.

Back in Alabama, there is opposition to the bill that would require sex offender notification to be given to residents and their families. But for Wes Bledsoe, it is a cause worth fighting for.

"Many of these people do not have the mental capacity to protect themselves from an assault, and many of them do not have the ability to report what has happened to them," he said.

The manager at Ashton Place said the facility checks residents against the sex offender registry, and doesn't allow sex offenders to live there. ..Source.. by Anna Marie Hartman

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July 7, 2009

IL- Can sex offenders live in county home? Yes

7-7-2009 Illinois:

The male resident who molested 10 female residents earlier this year at the La Salle County Nursing Home is no longer there, having been taken to an unidentified psychiatric facility.

However, according to records, a registered sex offender lives in the county home.

_____ is listed as living at 1380 N. 27th Road, Apt. 5A, the address for the nursing home. The 74-year-old ____ committed two sex acts in September 1996 against a 12-year-old girl. He pleaded guilty and arrived in prison Jan. 15, 1997, and paroled Oct. 5, 2000, completing parole Oct. 5, 2003. ____ was living in La Salle and working in Ottawa at the time of the offenses. He had no prior criminal record.

There has been no indication that ____ had anything to do with the series of incidents involving a resident molesting several female residents at the home. There are specific guidelines that must be followed, however, involving sex offenders.

Any nursing home in Illinois is required to tell the Illinois Department of Public Health about any resident whose background check shows them to be a sex offender. The state must then do a "risk analysis" of the offender, the results of which are given to the home to help determine whether staff are able to care for the offender and to prepare a care plan.

Sex offenders must also be placed in a private room and staff must meet with police to talk about the need for, and to develop if needed, policies to address the offender's presence in the home. Further, the home is required to tell residents and prospective residents and families they can ask whether an offender lives at the home and how to find information on the state sex offender Web site.

Nursing home administrator Adrienne Erickson is on medical leave and Assistant Administrator Cathy Harvey so far will not comment on the sex abuse incidents or if the sex offender procedures have been followed. ..Source.. by Dan Churney

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June 11, 2009

OH- Bill Would Name Sex Offenders Who Live In Nursing Homes

Here we have a lawmaker who fails to address the issues that surround a sex offender's need for a nursing home, looking only at welll known myths and sound bites. One would hope that lawmakers would resolve issues without prejudices and biases such as found here, and look for real resolves to help all those who have needs.

6-11-2009 Ohio:

COLUMBUS, Ohio — A state lawmaker wants to require nursing homes to notify residents and their families when a sex offender moves into the facility.

Under current law, not only is notification not required, but nursing homes are not allowed to turn away applicants for being sex offenders, 10TV's Kevin Landers reported.

Sen. Capri Cafaro, D-Hubbard, is sponsoring Senate Bill 130, which would require licensed nursing care facilities to notify residents and their families that a Tier 3 sex offender is living there.

Notification would also be required if a person was imprisoned for a felony any time during the 12-month period of their application for admission.

"This is their home. It's not a hotel. It's not a hospital. It's where they live," Cafaro told 10TV News. "Right now,

where people live, there is a notification requirement. We're just trying to do the same thing (for nursing homes)."

Nursing home operators worry that notification will put them in a difficult legal position.

"What is the answer when (family members) come to the facility and say, 'Well, we don't want this person living next door to our loved one? What are you going to do about it?' " said Peter Van Runkle of the Ohio Health Care Association, which represents nursing home. "We are not legally allowed to refuse to admit someone that we have the ability to take care of because of their past offenses."

Watch 10TV News and refresh 10TV.com for additional information. ..Source.. by WBNS 10TV

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April 28, 2009

OH- Proposed law would ensure nursing homes be informed when a sex offender moves in

This proposed law makes no sense because it puts the onus on law enforcement to do something (administrative clerical type work) that takes them away from law enforcement work. To take time to personally notify nursing homes when a registered sex offender moves into an address which is classified as a nursing home. Further, LE would have to keep track of every nursing home as well. It would be far easier and more cost justified if nursing homes would check the public registries on some regular basis for their new admissions, or on preadmission. If families of nursing home residents are concerned they can do the checking as well.

4-28-2009 Ohio:

You don't have to wait for a new Ohio law to pass to find out if a sex offender is living in the same nursing home where your mom or dad or other loved one lives.

You can find out right now.

The legislation, House Bill 98, introduced last month by State Rep. Courtney Combs, Republican of Hamilton, would require local sheriff's offices to notify nursing homes -- and other long-term care facilities -- when a sex offender moves in.

The facilities, in turn, would be required to tell patients and whoever looks out for them.

Combs introduced the law because an 18-year-old mentally retarded woman was raped by the man in the next room at a long-term care facility in his district. He doesn't want that to happen again.

The way the existing law is written, schools, day-care centers and homes -- but not long-term care facilities -- that are within 1,000 feet of where an offender lives are notified.

That means a sex offender could be sharing a room with Grandma or Grandpa and you'd never know it.

So how can you find out now? All you need is the address of the nursing home and a computer.

Go online to the Ohio attorney general's website and you can search for sex offenders. Type in the address of the nursing home. You'll get the name, photograph and address of each registered sex offender who lives within -- and you can choose this -- a quarter-mile, a half-mile, one or two miles.

Click on the offender's name, and you'll get a little more information on his or her crime.

The problem with the system, says John Saulitis, is that you have to keep checking back. A sex offender may not live in your mother's nursing home today, but he could move in next week. And that, Saulitis says, puts an unrealistic burden on nursing home residents and their families.

Saulitis runs the Youngstown office of Ohio's Long-Term Care Ombudsman Programs, part of a state and national system of people who look out for the rights and safety of those living in group homes, nursing homes and assisted-living centers, as well as those who receive in-home care.

He's also the guy who spent weeks combing through the registry to find out how many sex offenders live in Ohio's nursing homes.

It's a changing number. But when he finished his research on March 23, he'd discovered 107 offenders living in 47 nursing homes across the state.

Keeping tabs on them is a time-consuming process. That's one reason Saulitis wants to see the law changed.

He knows you can go to the attorney general's Web site listed above and sign up for an automatic e-mail alert whenever a sex offender moves close to any address -- including a nursing home's -- that you type into the site. The problem, he says, is that you get an alert whenever an offender moves into the surrounding area, not just the nursing home.

"The more notifications you get," Saulitis says, "the less you're going to pay attention to them."

And when you stop paying attention, what good is the notification?

That's another reason he's pushing for passage of House Bill 98 and urging all of us who have a loved one in long-term care to call our lawmakers.

"Contact your legislators," he says, "and say 'Look, there's a simple solution to this. It's called House Bill 98. We want to you support it.'

"It simplifies the system incredibly for the families and relatives," Saulitis says. "It's just much more efficient."

If you want a more complete picture about the safety and quality of a nursing home, make sure you go to the Department of Aging's Long-Term Care Consumer Guide.

Follow the instructions and the site will tell you how people who live in nursing homes feel about each facility. You can see, for example, what percentage of patients actually said they liked the home and what percentage would recommend it to someone else.

Not only will you get that from the patient's perspective, you'll get it from the family's, too.

You'll also find more specific survey results about things like clothing getting lost, residents being treated with respect, and how satisfied people are with the food and medical care.

What's more revealing, though, are the inspection reports you'll find when you click on the "Inspections" tab. That will lead you to a description of what Medicare/Medicaid inspectors found when they stopped by the facility -- unannounced and sometimes at night or on weekends -- to visit.

From those reports you can learn, for example, if a nursing home was cited for not providing a safe, clean environment; for medication errors that caused harm; for allowing pressure sores to develop; or for failing to notify family members when a resident was injured.

The information is even more helpful, says Beverley Laubert, the state long-term care ombudsman who oversees Ohio's 12 offices, when you click on the date under "Most Recent Annual Survey" and see the details of what officials call the "deficiencies."

What the Web site doesn't provide, though, is what action the nursing home took to solve the problem.

Each home is required to have that on hand, in an easy-to-see spot, says Laubert. Look for it at the front desk, nurses station or on a bulletin board.

If it's not there, ask for it, says Laubert. If you're not comfortable doing that, contact the state ombudsman's office at 1-800-282-1206 and someone will put you in touch with the office closest to you.

But don't stop there.

Spend some time at the nursing home and check it out for yourself.

"Nothing beats going there and visiting," says Kathy Keller, spokeswoman for AARP Ohio.

"You need to see it, you need to get the feel for the institution, you need to be able to walk around and see what is going on, you need to smell it, you need to see if the residents there seem to be happy or if they're not very happy."

That's the only way you'll know for sure if it works for you and your loved one. ..Source.. by Diane Suchetka/Plain Dealer Reporter

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December 24, 2008

FL- Justices: nursing homes exempt from records law

12-24-2008 Florida:

TALLAHASSEE, Fla. (AP) The Florida Supreme Court says a state constitutional amendment letting patients check records of past medical mistakes doesn't apply to nursing homes.

The justices ruled Tuesday in the case of a nursing home resident who allegedly choked to death on coleslaw she was served against her doctor's orders in West Palm Beach.

The decision means her estate cannot obtain nursing home records it had sought for a lawsuit against Tandem Health Care Inc., which owns the facility.

The ''Patients' Right to Know'' amendment applies to hospitals, doctors and other health care facilities and providers. The justices ruled nursing homes are not health care facilities. ..News Source.. by CBS4.com

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July 26, 2008

OH- Ohio Legislation Would Protect Nursing Home Residents From Sex Offenders

7-25-2008 Ohio:

Columbus, OH (AHN) - The father of an 18-year old schizophrenic mentally retarded girl raped by a nursing home resident is battling for legislation that would mandate posting the names of residents with sex offense records.

Ray McDaniel pushed for the bill, which has been adopted by the Ohio House and is waiting for a Senate hearing. He supports every state requiring its staff to disclose the presence of sex offenders among residents. He hopes this would prevent a repeat of what happened to his daughter, who was abused by a 43-year old male resident, now serving time in prison.

A majority of nursing home residents are senior citizens, however some younger residents with various types of ailments also need long-term care.

Several states have initiated measures to protect nursing home residents from sex offenders. Oklahoma plans to open a long-term care facility exclusively for those with sex records, Florida barred their acceptance unless their status is disclosed.

-As to Oklahoma, that is not correct, they are opening a facility for ALL level II & III sex offenders. Further, anyone can check the state registry to find out if a sex offender resides in a nursing home, no new law is needed.

California, Illinois, Minnesota and Oklahoma have passed laws mandating the posting of sex offenders' names admitted to their homes.

Meanwhile, a review of Ohio records showed that the Garrard Convalescent Home, which is in the midst of controversy involving two state workers fired for misconduct, had previous brushes with the law.

Early this year it got a Type A citation for placing in danger the life of a resident with Alzheimer's disease who wandered alone for three hours on a cold morning. In 2004, its operator Ralph Stacey Jr. was rebuked by child welfare authorities for neglect of a severely disabled 9-year-old boy.

The two employees of the Cabinet for Health and Family Services, Moses Young and Sharon Harris, were discovered to be living rent-free in Lexington townhouses owned by Stacey, apparently to provide protection to the nursing home which they also supervise. ..News Source.. by Vittorio Hernandez - AHN News Writer

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