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Office of the Vermont Attorney General

Vermont Settles Allegations of Neglect and False Claims With Three Genesis Healthcare Nursing Homes

February 20, 2020

Contact: Elizabeth Anderson, Director, Medicaid Fraud & Residential Abuse, 802-828-3171

 

Attorney General T.J. Donovan today announced a settlement with three Genesis Healthcare subsidiary-operated nursing homes in Vermont – Burlington Health & Rehab, St. Johnsbury Health & Rehab, and Berlin Health & Rehab – resolving allegations of neglect that resulted in serious injury to three residents and the death of a fourth.  Each of these incidents was related to inadequate staff training and orientation, the use of visiting or third-party contractors, and the failure to adequately document and monitor the delivery of resident care services. The settlement requires the Centers to pay $740,143 in damages and penalties to the State of Vermont, create a new Patient Care Coordinator position, and engage the services of an independent monitor to review the quality of care provided by each facility.

“We will not tolerate substandard care in Vermont,” said Attorney General Donovan. “We will continue to protect the most vulnerable and advocate for improved quality of care for Vermonters. We are proud that, as part of the settlement, the patient care coordinator and independent monitor positions will provide greater oversight and ensure the quality of care that Vermonters deserve.”

Under the terms of the settlement, the three Genesis Centers have agreed to create and fill a new job position, Patient Care Coordinator, to ensure that all individuals who deliver care services, directly or indirectly, are properly trained, and to improve the monitoring of resident needs and the timely delivery of services to meet those needs. The new position is designed to bring about meaningful and lasting change in the quality of resident care.

The Genesis Centers have also agreed to engage an independent monitor to perform annual reviews of the quality of care at each facility. Both the monitor and Patient Care Coordinator will serve for a minimum term of two years and have reporting duties to the State.

In addition to these positions created under the settlement, the Genesis Centers will pay  $740,143 in damages and penalties under the Vermont Vulnerable Adult statute and False Claims Act.

The Attorney General is grateful for the support of the Division of Licensing and Protection within the Department of Disabilities, Aging and Independent Living, which provided valuable assistance and advice relating to the settlement.

Copies of the settlement documents can be found here: Settlement Agreement, Attachment A, Attachment B.

Last modified: February 20, 2020