Filed Date: 1998
Closed Date: Jan. 19, 1999
Clearinghouse coding complete
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.
Summary Authors
Laura Uberti (6/18/2006)
Fraleigh, Michael J. (District of Columbia)
Gravelyn, Daniel R. (Michigan)
Last updated Aug. 30, 2023, 2:49 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Michigan
Case Type(s):
Key Dates
Filing Date: 1998
Closing Date: Jan. 19, 1999
Case Ongoing: Unknown
Plaintiffs
Plaintiff Description:
Attorney General of Michigan on behalf of a resident of Villa Elizabeth complaining of neglect
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Villa Elizabeth Nursing Home (Grand Rapids, Kent), State
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1999 - 2001
Issues
General:
Food service / nutrition / hydration
Staff (number, training, qualifications, wages)
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by staff (facilities)
Assault/abuse by non-staff (facilities)
Medical/Mental Health:
Type of Facility: