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Eriksmoen Cottages, LTD; U.S. v.

Facts

V.A. has resided at Eriksmoen's facility since December 2014 and suffers from several medical conditions requiring assistance with daily living activities. In July 2017, following an investigation, the Department of Human Services (DHS) determined that Eriksmoen was responsible for maltreatment by neglect due to staff members allowing V.A. to eat meals while lying down and failing to call 911 when he choked. This determination was based on multiple choking incidents, including one in May 2016 and another in August 2017, where staff did not adhere to V.A.'s care plan.

V.A. has resided at one of Eriksmoen's facilities since December 2014. V.A. suffers from several medical conditions, including an ulcer, chronic pain, and depression. V.A. requires assistance with many activities of daily living due to paralysis on the left side of his body following a stroke. In July 2017, following an investigation, DHS determined that Eriksmoen was responsible for maltreatment by neglect of V.A. because staff members repeatedly failed to follow V.A.'s care plan for minimizing his choking risk in two ways: (1) by allowing him to eat meals while he was lying down in his bed and (2) by not calling 911 immediately, or at all, when he choked on his food.

Issue

Did the Commissioner err in affirming the determination of maltreatment by neglect against Eriksmoen Cottages?

Did the Commissioner err in affirming the determination of maltreatment by neglect against Eriksmoen Cottages?

Rule

The Minnesota Vulnerable Adults Act defines maltreatment by neglect as the failure of a caregiver to provide necessary care or services to a vulnerable adult, which is not the result of an accident or therapeutic conduct.

The Minnesota Vulnerable Adults Act defines maltreatment by neglect as the failure of a caregiver to provide necessary care or services to a vulnerable adult, which is not the result of an accident or therapeutic conduct.

Analysis

The court applied the rule by examining the evidence presented during the investigation, which indicated a pattern of neglect by Eriksmoen staff. Testimonies revealed that staff members served meals to V.A. while he was lying down, contrary to his care plan, and failed to call 911 during choking incidents. The court found that the Commissioner's decision was based on reasoned decision-making and supported by substantial evidence.

The court applied the rule by examining the evidence presented during the investigation, which indicated a pattern of neglect by Eriksmoen staff. Testimonies revealed that staff members served meals to V.A. while he was lying down, contrary to his care plan, and failed to call 911 during choking incidents. The court found that the Commissioner's decision was based on reasoned decision-making and supported by substantial evidence.

Conclusion

The court affirmed the Commissioner's decision, concluding that Eriksmoen committed maltreatment by neglect of V.A. due to the failure to follow his care plan and the lack of timely medical response during choking incidents.

The court affirmed the Commissioner's decision, concluding that Eriksmoen committed maltreatment by neglect of V.A. due to the failure to follow his care plan and the lack of timely medical response during choking incidents.

Who won?

The Minnesota Department of Human Services prevailed in the case because the court found substantial evidence supporting the Commissioner's determination of maltreatment by neglect.

The Minnesota Department of Human Services prevailed in the case because the court found substantial evidence supporting the Commissioner's determination of maltreatment by neglect.

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