Nurse And 3 Aides Arrested At County-run Nursing Homes

Attorney General Spitzer today announced that an investigation by his Medicaid Fraud Control Unit (MFCU) has resulted in the arrest of four individuals – certified nurse's aides Tammy L. Snyder, Pamela E. Pelkey and Gerard Gardener, and licensed practical nurse Melissa Rubin – for lying about their criminal backgrounds on job applications at county-run nursing homes in Essex, Albany and Otsego Counties.

Snyder and Pelkey were also charged with neglecting an elderly female patient, and Rubin was charged with stealing personal property from staff and nursing home residents.

Since 2000, Attorney General Spitzer has proposed legislation that would protect nursing home patients and the home-bound elderly by allowing nursing home operators and home care agencies to conduct state-financed criminal background checks on prospective employees whose jobs require direct care and supervision of patients.

"Every day, patients in nursing homes put their lives and trust in the hands of nurses and other professional health care staff," said Spitzer. "It is essential that nursing homes be able to screen new employees by obtaining criminal history checks. Such screening would effectively weed out the worst offenders from the system, and vastly improve the safety and security of our most vulnerable citizens."

ESSEX COUNTY

While working as nurse's aides at the Horace Nye Home in Elizabethtown on November 26, 2002, Tammy Snyder and Pamela Pelkey were assigned to care for an 87-year-old female patient suffering from severe dementia, a hip fracture, and a history of falls. According to the felony complaints filed in the case, it is alleged that the two defendants placed the patient on a commode chair and then left her unattended. Shortly thereafter, the patient fell onto the floor, sustaining injuries that required hospital treatment and sutures.

During the investigation, MFCU investigators conducted background checks on the two aides and discovered that Snyder and Pelkey had lied on their county employment applications by failing to note that they had previously been convicted of crimes. Snyder had been convicted of Reckless Endangerment in the Second Degree, and Pelkey had been convicted of Forgery in the Third Degree.

Snyder, 33, of 131 Furnace Road in Moriah, and Pelkey, 33, of 320 North Rebar Road in Willsboro, were arraigned Tuesday in Essex County Court. They were both charged with Offering a False Instrument for Filing in the First Degree, Falsifying Business Records in the Second Degree, Endangering the Welfare of an Incompetent or Physically Disabled Person, Wilful Violation of the Public Health Laws, and Official Misconduct. If convicted, they each face up to four years in prison.

ALBANY COUNTY

While investigating a patient abuse/neglect matter at a Rensselaer County nursing home, it came to the attention of MFCU that in January 2003 one of the involved staff members – Gerard Gardener – had applied for a position with Albany County as a certified nurse's aide at one of the county's nursing homes. When asked on the job application if he had ever been convicted of a crime, Gardner indicated he had not. In fact, Gardener had been convicted numerous times, including twice for Robbery in the First Degree and once for Criminal Use of a Firearm in the First Degree.

Gardener, 47, of 88 Ida Yarbrough Homes in Albany, was arraigned on March 14th in Colonie Town Court on charges of Offering a False Instrument for Filing in the First Degree and Falsifying Business Records in the Second Degree. If convicted, he faces up to four years in prison.

OTSEGO COUNTY

In filling out an Otsego County employment application for a nursing position at The Meadows Skilled Nursing Facility in Cooperstown on July 2, 2001, it is charged that Melissa Rubin failed to note that she had previously been terminated from jobs for reasons that include theft of property at a facility, and issues relating to patient care deficiencies, poor attendance and unsatisfactory work performance. Rubin also failed to note that she had a pending misdemeanor charge in Broome County, arising out of allegations of theft of monies from a nursing home where she was previously employed. In November 2001, Rubin was convicted of Petit Larceny in that case.

Rubin is also charged with stealing clothing and other items belonging to staff and residents at the Meadows between May 2002 and July 2002.

Rubin, 34, of 392 Chestnut Street in Oneonta, was arraigned on March 13 in Cooperstown Village Court on a felony complaint charging her with Offering a False Instrument for Filing in The First Degree, Falsifying Business Records in the First Degree, Petit Larceny, Criminal Possession of Stolen Property in the Fifth Degree and Official Misconduct. If convicted, she faces up to four years in prison.

The Attorney General thanked the state Department of Health for referring the matters to his office. He also thanked the administration and staff of the three nursing homes, as well as the state Education Department's Office of the Professions, the New York State Police, and the Otsego County Sheriff's Office for their assistance and cooperation during the investigation.

The cases are being prosecuted by Special Assistant Attorney General Michael C. Clarke, of the Medicaid Fraud Control Unit's Albany Regional Office. Assisting in the investigations were Special Investigators Antoine J. Karam, Diane H. Tuffey, and Julie M. Clancy.

The charges against the four defendants are mere accusations, and the defendants are presumed innocent until and unless proven guilty.