CANTON – Fines continue to climb into the hundreds daily against The Victorian Villa Rehabilitation and Living Center while its officials wait to learn state and federal results of their Dec. 13 appeal.
The Villa’s skilled-care nursing home was cited last month by health and safety officials for “serious deficiencies” and “substandard quality of care” following a routine surprise inspection in late October.
The worst charge levied “constituted immediate jeopardy to the residents’ health and safety,” according to an Oct. 30 letter from Louis T. Dorogi, an assistant director with the Division of Licensing and Regulatory Services at the Maine Department of Health and Human Services to Victorian Villa’s chief executive officer, Mark Jacobs.
That problem identified by inspectors was security doors that may not have been functioning properly and allowed patients to wander from the facility unsupervised. That risk led to the “immediate jeopardy” report.
“We’ve never had serious deficiencies of this magnitude,” Jacobs said on Dec. 14, the day after he appealed the state and federal findings.
He said one of the door problems was fixed on Oct. 31 while inspectors were there once Jacobs learned of it. However, in his appeal, he disputed the inspectors conclusion that patients were allowed to wander from the facility unsupervised.
“We challenged many of the deficiencies, especially the immediate jeopardy findings, but, we have no assurance they’re going to accept it. We made our case clearly on several things,” he said.
Demand for the money penalties, which, as of Dec. 21 totaled $21,060 at $405 a day since Oct. 31, has yet to be made, Jacobs said.
Maine DHHS officials could not be reached for comment, but Helen Mulligan of the U.S. Department of Health and Human Services’ Centers for Medicare and Medicaid Services in Boston said Wednesday that until Maine sends its inspectors back to determine if the cited problems have been remedied and compliance made, the fine will continue to accrue.
If the nursing home is found to be in substantial compliance, the civil penalty will be halted, Mulligan said.
“The immediate jeopardy was removed, but right now, they’re still saying that there is a substandard quality of care until the state survey agency goes back in,” she added.
Prior to appealing the state and federal findings, Jacobs said that on Dec. 8 the Villa corrected the deficiencies that he said were actual problems. He also filed a required plan of correction that day.
Medicare also imposed a sanction, as of Nov. 3, that prevents Victorian Villa from accepting any new admissions under Medicare and Medicaid until the MDHHS lifts the denial of payment penalty.
Besides the sanction and fine, the CMS also notified Jacobs that it will terminate Victorian Villa’s provider agreement in Medicare and Medicaid programs as of April 28, 2007, if it is still found to be noncompliant.
Jacobs said he did everything required of him, and it’s business as usual at the Villa.
“I’m feeling good for the holidays, but right now, we’re in a holding pattern, waiting for the process to take its path. The jury’s out, and the red flag is back in my pocket, and we’re going on with life, because we have people to take care of,” he said.
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