State sues firm over disabled woman's care
Of Connie Guhde’s two daughters, LeAnn “Annie” Guhde wore the bows and ribbons. She loved shopping, signaling with head nods or a smile if she saw something she liked.
“Annie has to make noises to express her needs,” Connie Guhde said. “But someone’s got to listen.”
By early 2004, according to the Nebraska attorney general’s office, the company responsible for providing care for Annie Guhde, a person with developmental disabilities, wasn’t addressing her needs.
And on Friday, the office sued Community Alternatives Nebraska, more than four years after Annie Guhde was admitted to Saint Elizabeth Regional Medical Center dirty and malnourished, her body covered with bed sores.
The services provided to Annie Guhde from April 2003 to Feb. 9, 2004, “essentially lacked value,” according to the lawsuit filed in Lancaster County District Court.
Annie Guhde was 29 when she was hospitalized Feb. 9, 2004, and she fully recovered. She died last Nov. 24 of natural causes.
She was mentally retarded, diagnosed with cerebral palsy and wheelchair-dependent, the lawsuit states. The lawsuit and a 2004 state Department of Health and Human Services investigation report from which the lawsuit stemmed say staff members at Community Alternatives Nebraska were not qualified to care for her.
But during that time, the center filed 22 claims seeking nearly $76,000 for her care, the lawsuit states.
Now, the state wants that money, and more, back.
“The plaintiff paid $75,880.28 for services which were not performed with the skill and knowledge normally possessed by providers of community based developmental disabilities services in good standing,” the lawsuit alleges.
Because of the poor care Annie Guhde allegedly received while at the center at 4821 S. 30th St., the suit says, the company violated the state’s Fraudulent Medicaid Claims Act and broke its contract with HHS.
The state is requesting $150,000 for violating the act plus $5,000 for each of the 22 claims in violation of the act — for a total of $260,000.
Since the state created a Medicaid Fraud Control Unit in late 2004, Attorney General Jon Bruning said, more than 300 cases have been investigated and $15 million has been recouped by the state.
But it is the first time to Bruning’s knowledge, he said, that a lawsuit of this nature — using the False Medicaid Claims Act to recoup losses related to the alleged neglectful care at a care center for developmentally disabled people — has been filed in Nebraska.
“The goal is to make sure people are cared for properly,” he said. “If we have to use the courts, we will.”
Bruning said he does not expect criminal charges to be filed in the matter and that this is the only incident of its type his office is pursuing at this time.
The state is using a “heavy hammer” as a deterrent, to warn providers that serious repercussions will result if patients aren’t treated properly, he said.
“The lawsuit was a surprise to us and is distressing,” Community Alternatives Nebraska Executive Director Kellie Watson said in a statement. “We don’t feel it is appropriate to address any issues contained in the lawsuit until our legal counsel has been served with the action.”
The parent company, ResCare, is not based in Nebraska.
Connie Guhde, a registered nurse, said she decided to place her daughter in residential care in 2001 because she could not provide her the full-time care she needed. She said she wanted her time with Annie to be special, rather than work.
Annie Guhde had been going to programs at the South 30th Street center and was treated well there, her mother said. She became a resident in April 2001.
“I felt it was really good at first,” Connie Guhde said Tuesday night. “Somewhere along the line, something happened.”
Bruning said the lawsuit stemmed from disciplinary action taken by HHS against Community Alternatives Nebraska in 2004.
Following an HHS investigation of Guhde’s care, the state fined Community Alternatives Nebraska $8,000 in August 2004, placed the center on probation for one year and prohibited new admissions during that year.
The center accepted the punishments without requesting a formal hearing. Since then, the state has taken the company off probation. It is licensed as a center for developmentally disabled people and it can serve as many as six at once, said HHS spokeswoman Jeanne Atkinson.
“The incident addressed in the lawsuit occurred more than four years ago,” Watson said in the statement. “It was investigated both internally and externally. We worked very closely with the state at that time to address any and all issues they had.
“Our priority is always the safety and health of the people we support and we will not tolerate actions that will place them in jeopardy.”
According to the lawsuit filed by Bruning’s office, Annie Guhde suffered from seizure disorder, chronic congestion and other serious medical conditions, and she was fed through a tube.
The lawsuit states Community Alternatives Nebraska staff members provided inadequate care for Annie Guhde as her condition worsened, and that a part-time nurse on staff rarely provided help. Annie Guhde’s nutritional needs weren’t assessed. Her weight was not measured. Her medication and nutritional information weren’t properly maintained, according to the suit.
The lawsuit states she also developed numerous pressure sores, some going to the bone, because she was not regularly repositioned in her bed.
Two days before her hospitalization, staff members had concerns about Annie Guhde’s health. According to the HHS investigation report filed in August 2004, staff members at the center “felt severely underqualified to care for the nature of the wound.”
It was “further documented they did not want something to happen to (Guhde) and they felt helpless.”
“The bottom line is the girl was not well-cared for,” Bruning said.
Connie Guhde said that all people with special needs, not just her daughter, deserve the type of care that providers would want if roles were reversed. But she’s not sure a financial penalty will make a difference.
Reach Cory Matteson at 473-7438 or cmatteson@journalstar.com.
“Annie has to make noises to express her needs,” Connie Guhde said. “But someone’s got to listen.”
By early 2004, according to the Nebraska attorney general’s office, the company responsible for providing care for Annie Guhde, a person with developmental disabilities, wasn’t addressing her needs.
And on Friday, the office sued Community Alternatives Nebraska, more than four years after Annie Guhde was admitted to Saint Elizabeth Regional Medical Center dirty and malnourished, her body covered with bed sores.
The services provided to Annie Guhde from April 2003 to Feb. 9, 2004, “essentially lacked value,” according to the lawsuit filed in Lancaster County District Court.
Annie Guhde was 29 when she was hospitalized Feb. 9, 2004, and she fully recovered. She died last Nov. 24 of natural causes.
She was mentally retarded, diagnosed with cerebral palsy and wheelchair-dependent, the lawsuit states. The lawsuit and a 2004 state Department of Health and Human Services investigation report from which the lawsuit stemmed say staff members at Community Alternatives Nebraska were not qualified to care for her.
But during that time, the center filed 22 claims seeking nearly $76,000 for her care, the lawsuit states.
Now, the state wants that money, and more, back.
“The plaintiff paid $75,880.28 for services which were not performed with the skill and knowledge normally possessed by providers of community based developmental disabilities services in good standing,” the lawsuit alleges.
Because of the poor care Annie Guhde allegedly received while at the center at 4821 S. 30th St., the suit says, the company violated the state’s Fraudulent Medicaid Claims Act and broke its contract with HHS.
The state is requesting $150,000 for violating the act plus $5,000 for each of the 22 claims in violation of the act — for a total of $260,000.
Since the state created a Medicaid Fraud Control Unit in late 2004, Attorney General Jon Bruning said, more than 300 cases have been investigated and $15 million has been recouped by the state.
But it is the first time to Bruning’s knowledge, he said, that a lawsuit of this nature — using the False Medicaid Claims Act to recoup losses related to the alleged neglectful care at a care center for developmentally disabled people — has been filed in Nebraska.
“The goal is to make sure people are cared for properly,” he said. “If we have to use the courts, we will.”
Bruning said he does not expect criminal charges to be filed in the matter and that this is the only incident of its type his office is pursuing at this time.
The state is using a “heavy hammer” as a deterrent, to warn providers that serious repercussions will result if patients aren’t treated properly, he said.
“The lawsuit was a surprise to us and is distressing,” Community Alternatives Nebraska Executive Director Kellie Watson said in a statement. “We don’t feel it is appropriate to address any issues contained in the lawsuit until our legal counsel has been served with the action.”
The parent company, ResCare, is not based in Nebraska.
Connie Guhde, a registered nurse, said she decided to place her daughter in residential care in 2001 because she could not provide her the full-time care she needed. She said she wanted her time with Annie to be special, rather than work.
Annie Guhde had been going to programs at the South 30th Street center and was treated well there, her mother said. She became a resident in April 2001.
“I felt it was really good at first,” Connie Guhde said Tuesday night. “Somewhere along the line, something happened.”
Bruning said the lawsuit stemmed from disciplinary action taken by HHS against Community Alternatives Nebraska in 2004.
Following an HHS investigation of Guhde’s care, the state fined Community Alternatives Nebraska $8,000 in August 2004, placed the center on probation for one year and prohibited new admissions during that year.
The center accepted the punishments without requesting a formal hearing. Since then, the state has taken the company off probation. It is licensed as a center for developmentally disabled people and it can serve as many as six at once, said HHS spokeswoman Jeanne Atkinson.
“The incident addressed in the lawsuit occurred more than four years ago,” Watson said in the statement. “It was investigated both internally and externally. We worked very closely with the state at that time to address any and all issues they had.
“Our priority is always the safety and health of the people we support and we will not tolerate actions that will place them in jeopardy.”
According to the lawsuit filed by Bruning’s office, Annie Guhde suffered from seizure disorder, chronic congestion and other serious medical conditions, and she was fed through a tube.
The lawsuit states Community Alternatives Nebraska staff members provided inadequate care for Annie Guhde as her condition worsened, and that a part-time nurse on staff rarely provided help. Annie Guhde’s nutritional needs weren’t assessed. Her weight was not measured. Her medication and nutritional information weren’t properly maintained, according to the suit.
The lawsuit states she also developed numerous pressure sores, some going to the bone, because she was not regularly repositioned in her bed.
Two days before her hospitalization, staff members had concerns about Annie Guhde’s health. According to the HHS investigation report filed in August 2004, staff members at the center “felt severely underqualified to care for the nature of the wound.”
It was “further documented they did not want something to happen to (Guhde) and they felt helpless.”
“The bottom line is the girl was not well-cared for,” Bruning said.
Connie Guhde said that all people with special needs, not just her daughter, deserve the type of care that providers would want if roles were reversed. But she’s not sure a financial penalty will make a difference.
Reach Cory Matteson at 473-7438 or cmatteson@journalstar.com.
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