Vermont Human Services Ignores Medicaid Fraud and Abuse

Disability Rights Vermont uncovered Medicaid fraud in an investigation of an assault on a disabled man by a “home care provider”. http://www.scribd.com/doc/56888199/Disability-Rights-Vermont-Investigation-into-Abuse-By-Home-Care-Providers

In the report the Sterling Area Agency, in Morrisville Vermont admits they knowingly put a contract into the name of a person not providing the service.  SAS also knowingly supported the contracted provider in not complying with the requirements laid out in her contract.  This has been reported to the Vermont Attorney General and they have said they are going to investigate.

The Vermont Agency of Human Services oversees this provider, has received a copy of the DRVT report but has taken no action on the fraud or the assault.  Earlier that day, I Tracy Gilman, the Legal Guardian and mother of Bill Bennett attempted to remove him from the placement due to concerns for his safety.  Vermont Human Services ordered him back to the placement just hours before the assault occurred.

The  DRVT report also concluded that:

The information provided by the contracted Home Care Provider, Wendy Demar and the assaulting “home care provider”  Wayne Demar were “strikingly” inconsistent.  Wayne Demar admits to following Bill to his bedroom and pushing him down on his bed but did not admit to holding him down.  Yet Wendy Demar state that Wayne admitted to her having pushed and held Bill down.

The two HCP’s also differed in their stories one saying that Bill was agitated upon arriving home and the other saying he was not.

The Home Care Provider did not comply with Bill’s Behavioral Support Plan, Crisis Response Plan or his SAS training.

The Home Care provider entered into Bill’s room to unnecessarily confront Bill within his own personal space.

That he forcibly placed Bill on the bed and held him there against his will.

That more likely than not the Home Care Provider acted in an effort to intimidate and place Bill in fear in order to reassert control and express his frustration over the days events.

The Home Care Provider did restrain Bill on the bed in a manner that was not appropriate pursuant to the Guidelines cited in Behavior Support Guidelines published by Vermont Human Services 2004 that prohibits under any circumstances, “restraints that have an individual lying on the ground or in a bed with a worker on top of the individual”.

Adult Protective Services apparently never interviewed either provider before making the determination that “No Abuse Occurred”.

William Bennett’s troubles with the state have been ongoing since he entered into services.  In 2005 he was set up by a home care provider who dropped him off at the Comfort Inn and Suites with a nineteen year old girl.  As a young man with a disability this was exactly the sort of “encounter” William wasn’t ready for and the guidelines clearly outlined in his support agreement made that clear.

The Agencies records clearly acknowledge “poor supervision L&L resulting.  Bill was then charged with Lewd and Lascivious conduct and “successfully” court ordered into the custody of Vermont Human Services.  Where he has been subject to years of Abuse and Neglect at the States Hands.

One can only conclude that the Agency will go to any lengths to avoid responsibility/liability for the actions of its minions.  The only avenue for Justice seems to be to sue the State of Vermont.

I have carefully documented the neglect and abuse against my son for many years and I can tell you there are so many fraudulent practices occurring at the area agencies that the counts of abuse and neglect won’t be counted on one hand.

I’m certain documentation is being created and destroyed by these agencies in an effort to erase all evidence and create new evidence.

Instead of addressing the abuses that have been reported Vermont Human Services has harrassed, intimidated and retaliated against me, costing me tens of thousands of dollars in legal fees to maintain my guardianship of my son,  to file motions for relief from abuse, motions to prohibit them from interference with his right to legal counsel.  They have attempted to intimidate me into signing releases of information without legal counsel.  They have  harrassed my son relentlessly, interference of his access to legal counsel.    They have isolated him from his whole family and have treated us like criminals forcing us to have our visits in parking lots supervised by unidentified staffers.  They have acted in an egregious manner in an attempt to break our spirits.

After repeatedly informing our Governor Peter Shumlin, Douglas Racin Secretary of Human Services, Dr Susan Wehry Commissioner of The Department of Aging and Independent Living of the abuses to no avail, I will be commencing a Hunger Strike one month from the fourth of July, 2011.  If this supposed Human Services Agency wants to break people’s spirits and it will be in a public forum for all the world to see, not in some rinky dink little town where nobody pays attention.

Please sign our petition http://www.thepetitionsite.com/1/vermont—investigate-the-abuse-of-quotdevelopmentally-disabled-offendersquot/  Maybe, just maybe someone will do the right thing.

And Let’s not forget the DRVT report where the 24 year old man died a slow,  gruesome death while in Sterling Area Services.  The care givers where negligent, forged documents, ignored his desperate pleadings for help, failed to provide medical attention and watched this young man deteriorate for six months until he was found face down in his bed, dead.  Yet, was anyone held accountable for that? http://www.scribd.com/doc/52929838/Disability-Rights-Investigation

Tracy Gilman, Mother of William Bennett