Santa Fe New Mexican Features Story about Harvey Law Firm Clients

Posted on March 12, 2010 by Juliet Lee

This week, the Santa Fe New Mexican featured a story about two pending lawsuits against Santa Fe nursing homes operated by Texas-based nursing home corporation Cathedral Rock. The article featured interviews with Harvey Law Firm owner, Dusti Harvey, and her clients, the family of Mary Abeyta.

Ms. Abeyta died in March 2008 at Christus St. Vincent Regional Medical Center at the age of 84. “[T]he family claims the stitches in her forehead, pressure sores on her tailbone as well as dehydration, weight loss and malnutrition were the fault of the nursing home.”

“It’s difficult to put someone you love in a nursing home," said Laura Jean Abeyta, a St. Michael's grad who works as a juvenile probation officer in Española. "She was our gift, we trusted this place to take care of her."

The story also featured interviews with Regional Ombudsman Gail Trotter and U.S. attorney Dorothy McMurty, who handled the criminal case in Missouri against Cathedral Rock, which I discussed in a previous post.

McMurtry, Harvey and Trotter all emphasized the importance of family vigilance. "The best nursing home is the one closest to your home," said Harvey. Trotter meanwhile urged family and residents to “speak up, tell somebody what's going on."

The story also contains links to the following helpful websites:

 

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Cathedral Rock Nursing Home Corporation Pleads Guilty to Felony Medicaid Fraud

Posted on January 8, 2010 by Juliet Lee

Cathedral Rock Corp., which operates nursing homes in Texas, Illinois, Missouri and New Mexico, will pay the United States $1 million in criminal fines and penalties, and $628,000 in a civil settlement, for operating five nursing homes in the St. Louis area that were understaffed and provided substandard care. 

The nursing homes admitted in their plea agreements that:

  • At various times staffing at the nursing homes was not sufficient to provide adequate nursing care
  • At various times wound care was not provided at the nursing home
  • residents often did not receive their medication as prescribed
  • medical records were falsified and a "charting party" occurred at SpringPlace to fill in medical records so that it appeared that all medication had been properly given, regardless of whether the medication was actually given or not
  • the nursing homes submitted fraudulent claims to Medicare and Missouri Medicaid for services that were not provided or were worthless  

The guilty plea is part of a settlement of criminal charges and a civil lawsuit that was originally filed by two whistle-blower employees in 2003. The ensuing investigation found that several residents were suffering from dehydration, weight loss, and preventable bed sores that led to amputations. One resident died after falling from a window.Other claims included falsification of residents’ medical records, failure to administer necessary medications. 

Missouri Attorney General Chris Koster said Cathedral Rock engaged in billing practices designed to defraud Medicare and Missouri Medicaid by submitting false cost reports to Medicare and Medicaid for services that were not provided. In addition, he said that substandard care was provided that contributed to serious injury or death of residents.

"This kind of fraudulent conduct is not to be tolerated,” Koster said. “To defraud the taxpayers and then offer grossly substandard care to those who cannot care for themselves is unconscionable.”

The Texas-based Corporation, which was founded by C. Kent Harrington, the current owner and CEO, advertises itself as “a company based on Integrity, Service and Teamwork.” The company’s website states, “our management team strives to provide quality care for our Residents and an uplifting, positive environment in which to work.  Our Residents and their quality of life come first. Close behind is the company's second priority - our staff and true fulfillment in their jobs by helping those Residents have the best care possible.” 

The Harvey Law Firm is currently engaged in litigation against Cathedral Rock for its operation of a New Mexico nursing home known as Santa Fe Nursing Operations/Santa Fe Care Center.

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