In 1998, the Michigan Attorney General's Office launched an investigation into conditions at the Villa Elizabeth Nursing Home in Grand Rapids, Michigan. The Office filed criminal charges against the facility for neglect of a resident under the state's Vulnerable Adult Act, MCL 750.145m; MSA28.342A (m), in the Kent County Circuit Court. Villa-Elizabeth had been charged criminally by the Attorney General's Office on February 18, 1998 with with one count of felony vulnerable adult abuse as a result of a dehydration death of a patient there in 1996.

On January 19, 1999, the Office entered into a Settlement Agreement with Villa Elizabeth and its parent corporation, Spectrum Health Continuing Care Group, to improve the quality of care by changing several policies at the facility. The court (Judge Dennis Kolenda) approved the Agreement the same day. The parties agreed that Villa Elizabeth would increase staff numbers and training, and in particular would discourage and report instances of abuse. They also addressed quality of and access to health care, including medical personnel, medication, hydration, and nutrition. The Agreement sought to improve the general level of care and attention patients received, especially in terms of nutrition, hydration, and necessary rehabilitative equipment. The Agreement, supervised by an independent monitor, was enforceable for two years.

The agreement included dismissal of the criminal charges against the facility, but stipulated that the charges would be dismissed without prejudice with the understanding that they could be reinstated in the event that the facility did not comply with the agreement. In addition, enforcement provisions in the agreement included the imposition of liquidated damages of $3,000 per day for each violation. It further provided that the costs of the monitor, compliance and any damage assessment would not be reimbursed by Medicaid.

We have only the Settlement Agreement and press release on file, so no further information is available in this case.

Laura Uberti - 06/18/2006


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