Persistance and Tenacity, requires a new chapter, a new beginning....

Friday, July 10, 2009

Updated/Corrected: SNF employees fighting back: "They knew about it."

More information/New documents:
Two employees say they wrote up this report of the conditions found on the morning of November, 23, 2008 in Hall 3 of the KVHD skilled nursing facility and turned the handwritten and signed document to the nurses in charge.

They say they turned the document into two traveling nurses who quit the hospital a month after the incident.

And they say that both nurses, LVN Sonjay, and RN, Reno, told them that they had submitted the report to the DON and Tracy Brown, the Nursing Home Administrator, whose company, Quality Healthcare, took over after Sycamore Asset Management in 2008.

The employees say that they trust the two nurses did what they said they did. "Sonjay and Reno were the best thing that happened to that unit, but they couldn't handle it working there."

The employees were told they didn't have to do anything more by Reno, it was all taken care of was their understanding they said. The said they asked and were reassured at least three times.

But when they saw that the aide the above report refers to, come to work after the incident, they became suspicious and scared.

"When she was back on the floor, we were petrified we were going to be fired," she said. "If we had done what she had done we would've been escorted off the property."

They said they took their concerns again back to Reno, who told them the report was made and they could go back to work.

"We were told just go back to work." She said Reno told her he couldn't tell her anything about the nurse because it was private employee information.
(At this hospital? Right Chet?)

The two traveling nurses quit and moved somewhere in California.

Then in Feb. 2009, one aide said she found herself in a quandary as to what to do after she asked Tracy Brown and Human Resources manager, Debra Hoffman, about the status of the report.

The two administrators told her they had never heard about it and blamed the aide for not telling them, the aide claims. She was suspended for not reporting and making a "smart" comment, and they said in the HR report shown below, the hospital, would investigate.

In the second HR report, they said they investigated, but were unable to reach the nurses who the aides say they submitted their report to, Reno and Sonjay. (documents below)

One of the aides was able to find Sonjay and spoke to her after she was suspended regarding the issue of the report. She said Sonjay told her that it had been reported to the administrator and DON.

The first aide was fired for not reporting the incident to the administrator and not on a correct filing form. But the in house investigation conducted (?) lead the administrators to call the aide's report of neglect, "unsubstantiated."

So, the aide was terminated for not properly filing a report about an incident which they said they could not substantiate or prove. And the documents state they could not reach the nurses who the aides say took the report. (Not much of an investigation)

The employee said she saw the dates were off on the form HR put in front of her to sign during her termination ceremony. And the information, she said, was also not correct. She refused to sign. Which is indicated on the document shown below.

On the same day the first mandated reporter was suspended, Feb. 13, 2009, the second aide said she was called in and asked to fill out the state reporting form at 7 pm. She filled it out, she said, because she thought if she didn't she would lose her job.

It's not completely clear right now when and if the report was ever filed with the Department of Health Services. Or if the SNF and HR still claim it was not a substantiated incident.

And that is one of the big problems with self reporting facilities. Especially, after all the investigations at KVHD, wouldn't it look better if it was just handled in house? Department of Health Services or the Ombudsman don't have to know. (Right Pam, that's how it's done?)

The ultimate responsibility to assure the initial report goes to the proper authorities falls to the administrator.
What makes this claim so interesting is the hospital's documentation doesn't make sense and looks highly suspicious.

Both of the mandated reporters have been terminated, but now, suddenly, after four months, a complaint against the first aide's nursing license was filed with the nursing board, on June 24, regarding not reporting the incident or non incident whichever. It seems HR, Rick Carter, and Tracy Brown have used both scenarios to justify their actions according to the documents.

The letter from the state nursing board the aide received states the complaint comes from "KVHD." (Trying to find out where this was generated from after the employee has been gone four months.)

The first aide fired on Feb. 23 of this year after going up the truncated chain of command to former, CEO, Rick Carter. Though there is confusion about the chain between the employee handbook, the recent explanation by KVHD board counsel, Scott Nave, who said it falls back to the personnel policy.
(termination greivance policy. Click to open)

Both employees just want their jobs back, their names cleared, and any false complaints dropped. And they also want to make sure the new administration hears about what they say, "has been going on."

The aides say they have spoken with an attorney and the EEOC, and they said both found the district claims unbelievable or even irrational.

But the aides want to stick with the district, but not in the nursing center, because they believe they are being retaliated against because they made a negative report which they think was being buried by the SNF administrators.

Tracy Brown, Nursing Home Administrator, for the SNF at the July board meeting. Though Brown has resigned, controversy begins to swirl around, as employees are fighting back after terminations. But the administrator has been controversial as her management company contracted for $240K and traveling nurses costs skyrocketed. More to come...



Click on documents to open and read.













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