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TOLEDO, OHIO---The nursing home which failed to report an assault which resulted in the death of a resident has been informed that effective May 6 the Ohio Department of Health has terminated the payment of Medicare and Medicaid for new admissions.
The DOH also recommended that the federal Centers for Medicare and Medicaid Services penalize the Foundation Park Care Center $4,050 per day, retroactive from March 10 through March 30, and $100 per day from March 31 for its failure to comply with 10 deficiencies listed in a recent state inspection report.
The deficiencies include abuse, staff treatment of residents, social services, housekeeping/maintenance, comprehensive care plans, accidents and sanitary conditions involving food preparation and service and the spread of infection.
The Health Department has also recommended that the federal agency terminate the nursing home’s Medicare and Medicaid provider agreements no later than Oct. 7.
The DOH report was issued April 17 and indicates that a resident had assaulted two residents in separate incidents in January and February before he allegedly attacked and killed his roommate at the South Toledo facility.
Sharon John Hawkins, 62, has been indicted for the murder of his roommate, Norbert Konwin, 77. Konwin, who had Alzheimer’s disease, died 10 days after Hawkins allegedly repeatedly struck him with a bathroom towel bar on March 10 in the room they shared at the nursing home. Konwin sustained fractured ribs, a fractured nose and a collapsed lung.
The state has failed to prosecute Hawkins in previous incidents of violence because he has a mental disorder and dementia. Nevertheless, despite his previous history, the nursing home placed him with Konwin.
The DOH report, while it does not identify Hawkins by name, says that none of the three assaults involving Hawkins were reported by the nursing home to the state Health Department as required or the Toledo police.
The nursing home administrator issued a statement said that the facility will file the correction plan but that they dispute the determinations of the health department. According to the statement, the administration says that “the incident March 10 was unforeseeable and we had no knowledge that it would occur. Therefore, we are going to participate in the informal dispute resolution process”.
If convicted, Hawkins faces a mandatory 15 years to life in prison but it’s likely an insanity defense will be raised. He has been diagnosed with schizophrenia and dementia and will undergo an evaluation to determine if he’s competent to stand trial.
Konwin’s widow has filed a lawsuit against the nursing home, formally known as Tlevay, Inc.; its parent company, Nursing Care Management of America Inc. in Cincinnati and its executive officers. The suit seeks $25,000 in compensatory damages and unspecified punitive damages due to alleged negligence. 4-20-06
© 2006 North
Country Gazette
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