Industry Notes:
NEGLIGENCE VERDICT SLAPS HHA WITH $6 MILLION IN DAMAGES
Published on Tue Apr 12, 2005
Hiring worker with criminal record sealed the case.
A Cuyahoga County, OH jury found MedLink of Ohio negligent in a disabled patient's death, and the verdict came with a $5.8 million price tag for the home health agency.
In 2000, MedLink employee Endia Hill accompanied 24-year-old disabled patient Natalie Barnes to kidney dialysis at a hospital, reports the Cleveland Plain Dealer. Natalie's mother Andrea Barnes told Hill to stay with her daughter during dialysis, but Hill left Natalie unattended and the catheter slipped out of her chest, resulting in eventual death. MedLink hired Hill although she had a record of felonious assault, the paper reports.
The jury found MedLink 90 percent responsible for Barnes' death and ordered $2.8 million in compensatory damages and $3 million in punitive damages. MedLink of Ohio was sold after Natalie's death and the buyer didn't assume the former company's liabilities, the Dealer says.
MedLink's attorney said they will appeal the case, according to the paper. Missouri wants to end Medicaid coverage for most adult durable medical equipment. Gov. Matt Blunt (R) recently signed into law a measure that takes away the requirement that Medicaid fund DME. The new law takes effect Aug. 28.
The legislature has indicated it may restore some services through the state budget, though Blunt has threatened to use the line-item veto if the expansion goes much beyond the new law.
Vermont's 12 not-for-profit home health agencies have until July 9 to prove they can fix service problems, or the state will finalize an Aug. 1 certificate of need to for-profit Professional Nurses Service Inc. State law requires the Department of Banking, Insurance, Securities and Health Care Administration to give existing CON agencies a chance to fix identified problems before granting a new CON to another provider, reports the Associated Press.
The 12 HHAs argue that the service problems outlined in a recent report don't actually exist, but they will furnish a plan to correct them by the due date anyway, according to AP. PNS has charged that the 12 agencies have a monopoly and the feds currently are conducting an anti-trust probe of the situation.
Though you oppose competitive bidding, you may have to come to terms with it. That's what the American Association for Homecare had decided to do, since bidding has the backing of key leaders on Capitol Hill and in the White House. AAH is focusing its efforts on limiting the scope and slowing the rollout of the initiative, scheduled to start in 2007, it says. "We don't object to competition," says AAH's Kay Cox. "But we do insist on fair competition and quality standards."
The July quarterly update of the DME, Prosthetics, Orthotics and Supplies fee schedule renders invalid Code L8620 for lithium [...]
