Abuse, Neglect & Exploitation of Vulnerable Person

Transcription

1 Abuse, Neglect & Exploitation of Vulnerable Person As Attorney General, my pledge to the citizens of Mississippi is that I will provide sound legal advice, work to protect children and the elderly, strictly enforce our consumer protection laws, target illegal drugs in our communities, advocate for the rights of victims, promote school safety, and help prevent crime through prevention/intervention programs." Attorney General Jim Hood State of Mississippi 1

2 Medicaid Fraud Control Unit (MFCU) Established by Mississippi Legislature in 1984 Investigates & Prosecutes crimes against Vulnerable Persons Abuse, Neglect and Exploitation of vulnerable persons in facilities. Investigates & Prosecutes Medicaid Provider Fraud Fraudulent Billings to the Medicaid Program. Initiates civil litigation to recover restitution and civil penalties against providers who receive overpayments of Medicaid funds or who operate in violation of the program s rules and regulations. 2

3 Individual Convictions Convictions by Category Other 9% Mental/Verbal Abuse 1% Neglect 9% Financial 28% Physical Abuse 48% Physical Abuse Sexual Financial Mental/Verbal Abuse Neglect Sexual 5% 3

4 MS Vulnerable Persons Act Defines abuse, neglect and exploitation Provides for protective services for vulnerable persons in Mississippi who are abused, neglected, or exploited. 4

5 Definition of Vulnerable Person A person, whether a minor or adult, whose ability to perform the normal activities of daily living or to provide for his or her own care or protection from abuse, neglect, exploitation or improper sexual contact is impaired due to a mental, emotional, physical or developmental disability or dysfunction, or brain damage or the infirmities of aging. The term Vulnerable Person shall also include all residents or patients, regardless of age, in a care facility. 5

6 Health Care Facilities Long Term Care Facilities Hospices Home Health Agency Personal Care Homes Hospitals Assisted Living Communities 6

7 Abuse The willful or non-accidental infliction of physical pain, injury or mental anguish The unreasonable confinement of a vulnerable person, or The willful deprivation by a caretaker of services necessary to maintain the mental and physical health of a vulnerable person. Abuse includes sexual abuse. Abuse shall not mean conduct which is a part of the treatment and care of, and in furtherance of the health and safety of a patient or resident of a care facility. 7

8 Misdemeanor Abuse Any person who willfully commits an act or willfully omits the performance of any duty which results in physical pain, injury mental anguish, unreasonable confinement or deprivation of services which are necessary to maintain the mental and physical health of a vulnerable person neglect SHALL BE SUBJECT TO: up to 1 year in the county jail and/or $1,000 fine 8

9 Felony Abuse Any person who willfully inflicts physical pain or injury shall be guilty of felonious abuse or battery SHALL BE SUBJECT TO up to 20 years in prison and/or $10,000 fine 9

10 A Breakdown of Abuse Physical Pain/Injury Hitting, Slapping, Shoving, and Kicking Mental Anguish Threats made to place resident in fear. Unreasonable Confinement Using restraints without physician s order. 10

11 Key to the Abuse 11

12 Michael Strawberry Open Plea Charge 1ct Abuse of Vul. Adult Sentence Fine 5 yrs 4 sus. 1 year prison 3 yrs Probation $448 fine 12

13 Sex Crimes Against Vulnerable Persons 13

14 Two Categories of Victims Victims who give consent Victims who cannot 14

15 Sexual Battery of Vulnerable Person A person is guilty of sexual battery with a vulnerable person if the person is a volunteer at, or an employee of, or contracted to work for a health care facility where the vulnerable person is a patient or a resident. 15

16 Sexual Battery of Vulnerable Persons A person who engages in sexual penetration with a vulnerable person is guilty of sexual battery if the person is in a position of trust or authority over the vulnerable person, including, without limitation, the vulnerable person s teacher counselor physician psychiatrist psychologist nurse certified nursing assistant direct care worker technical assistant minister priest physical therapist chiropractor legal guardian parent stepparent other relative caretaker conservator. Shall be subject to up to 30 years in prison and/or a $10,000 fine. 2 nd Offense: up to 40 years in prison and/or a $10,000 fine. 16

17 Fondling of a Vulnerable Person A person who, for the purpose of gratifying the person s lust or indulging the person s depraved licentious sexual desires shall handle, touch or rub with hands or any part of the person s body or any member thereof any vulnerable person, with or without the vulnerable person s consent, when a volunteer at or an employee of, or contracted to work for a health care facility in which the vulnerable person is a patient or resident, Or in a position of trust or authority over the vulnerable person shall be subject to 2 to 15 years in prison and/or $1,000 to $5,000 fine 17

18 Sexual Battery (1) A person is guilty of sexual battery if he or she engages in sexual penetration with: (a) Another person without his or her consent; (b) A mentally defective, mentally incapacitated or physically helpless person; (c) A child at least fourteen (14) but under sixteen (16) years of age, if the person is thirty six (36) or more months older than the child: or (d) A child under the age of fourteen (14) years of age, if the person is twenty-four (24) months older than the child. (2) A person is guilty of sexual battery if he or she engages in sexual penetration with a child under the age of eighteen (18) years if the person is in a position of trust or authority over the child including without limitation the child s teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach. 18

19 Mentally Defective Person A mentally defective person is one who suffers from a mental disease, defect or condition which renders that person temporarily or permanently incapable of knowing the nature and quality of his or her conduct. Do not understand right from wrong. Do not realize consequences of sexual intercourse Consult a Health Professional for an evaluation 19

20 Danny Watkins Open Plea Charge 1ct Sexual Battery Sentence 30yrs - 10yrs Susp. Day for Day Fine $1,173 court costs 20

21 Physically Helpless Person A physically helpless person is one who is unconscious or one who for any other reason is physically incapable of communicating an unwillingness to engage in an act. 21

22 Kelly King Open Plea Charge 1ct Sexual Battery Sentence 30yrs - 5yrs Susp. Day for Day Fine $ 10,000 Medicaid Fraud Control Unit 22

23 Open Plea John Freeman Charge 1ct Sexual Battery Sentence 30yrs - 10yrs Susp. Day for Day Fine $ 274 court costs 23

24 Neglect of Vulnerable Persons

25 Neglect The inability of a vulnerable person to provide for himself the food, clothing, shelter, health care or other services necessary to maintain his mental and physical health, Or failure to supply the vulnerable person with the food, clothing, shelter, health care, supervision or other services necessary to maintain his mental and physical health. 25

26 Punishment 1 year in the County Jail and/or $1,000 fine 3 misdemeanors within 5 years = Felony 26

27 Culpable Negligence Manslaughter Every other killing of a human being by the act, procurement or culpable negligence of another and without authority of law shall be manslaughter 27

28 EUGENIA JOHNSON Charge- 1 Count Culpable Negligence 1Count Felony Abuse of a Vulnerable Person Sentence- Count 1, 20 years 10 sus. Count 2, 10 years 10 sus. 28

29 Perpetrators of Abuse & Neglect Doctor Sisters Nurse Aid Nurse Administrators In-Laws Aunts Brothers Daughters Friends Facility Owner Uncles Fathers Mothers Roommate Responsible Party Sons 29

30 Exploitation of Vulnerable Persons

31 Exploitation The illegal or improper use of a vulnerable person or his resources for another s profit or advantage with or without the consent of the vulnerable person and includes acts committed pursuant to a power of attorney. Exploitation includes, but is not limited to, a single incident. 31

32 Punishment for Exploitation Misdemeanor exploitation: value is less than $250, shall be subject to imprisonment up to1 year in the county jail and/or $5,000 fine Felony exploitation: value is $250 or more shall subject to 10 years in prison and/or $10,000 fine 32

33 Family Members/Friends Converting $$$ to their own use Taking Possession of Real Property Personal Savings Account Personal Checking Account Personal Trust Accounts Certificates of Deposit Social Security checks SSI checks Pension checks Retirement checks Automobiles Real Estate Personal Property Failure to Pay Health Care Expenses 33

34 Caught in the Act 34

35 Kelli Smallwood Open Plea Charge 5ct s Uttering a Forgery Sentence 7yrs - 5yrs Probation Day for Day Fine $500 per for a total of $

36 Facility Staff Members Theft of Resident s Money Personal Cash Personal Checks Resident s Trust Fund Cell Phones Automobiles Land 36

37 Justification 37

38 Melissa Parker Open Plea Charge 6ct s Embezzlement Sentence 1 year House Arrest Fine $10,539 restitution $242 court cost 38

39 Revenge Against Employer So she says. 39

40 Melissa Sanders Open Plea Charge 5ct s Embezzlement Sentence 5yrs 4yrs sus. 1 year House Arrest 624hrs Community Service Fine $4, restitution $1500 Comm. Service Fee 40

41 Identity Theft Theft by Family Members Theft by Friends Theft by Persons in Positions of Trust Theft by Staff Members of Care Facilities 41

42 Transaction History :41 $ Wal-Mart Reg #17 Ridgeland :46 $ Wal-Mart Reg #8 Clinton :07 $24.16 Walmart Murphy Oil Jackson :29 $29.13 Country Fisherman Jackson :14 $ Lane Bryant Jackson :43 $17.66 Dillards #418 Jackson :24 $ Joy Collection Jackson :38 $ Dillards #418 Jackson :45 $ Dillards #418 Jackson :10 $41.73 Dillards #418 Jackson :30 $ Dillards #418 Jackson :04 $ Sears #1106 Jackson :40 $ Sears #1106 Jackson Transaction 8:05 PM Sale $ Wal-Mart Hwy 18 Register #49 42

43 Tanya Conic Open Plea Charge 2ct s Credit Card Fraud Sentence 3yrs 2yrs sus. 1 year House Arrest Fine $2, restitution 43

44 Reporting Abuse Any person who, within the scope of his employment at a care facility or in his professional capacity, has knowledge of or reasonable cause to believe that any patient or resident of a care facility has been the victim of abuse or exploitation shall report or cause a report to be made of the abuse or exploitation. SHALL REPORT orally or telephonically, within 24 hours of discovery And in writing, within 72 hours to the Mississippi State Department of Health and the Medicaid Fraud Control Unit 44

45 Whistle-blower (5) (a) Any individual who, in good faith, makes a report as provided in this section or who testifies in an official proceeding regarding matters arising out of this section shall be immune from all criminal and civil liability, except for perjury or the giving of a false report. (b) No person shall terminate from employment, demote, reject for promotion or otherwise sanction, punish or retaliate against any individual who, in good faith, makes a report as provided in this section or who testifies in any official proceeding regarding matters arising out of this section. 45

46 Failure to Report Every person who knowingly fails to make the report or attempts to induce another, by threat or otherwise, to fail to make a report as required Shall be subject to up to 6 months in the county jail and/or a fine up to $ fine 46

47 Toll-Free Numbers MEDICAID FRAUD CONTROL UNIT MS DEPARTMENT OF HUMAN SERVICES MS STATE DEPARTMENT OF HEALTH Medicaid Fraud Control Unit 47

48 Medicaid Fraud Control Unit Please contact our office should you need any assistance. Post Office Box 56 Jackson, MS

49 Medicaid Fraud Control Unit 49

50 Medicaid Fraud Control Unit 50

51 Medicaid Fraud Control Unit 51