Home Healthcare Loophole?

The audit of a Miami Valley company that provides home health care uncovers shocking information about some of its staff. Everyday, thousands of people depend on non-medical home health care to live. But when a confidential source told me the state was investigating Comforcare Senior Services... I started asking some tough questions. And what I uncovered lead me to ask..do you know who's giving care in your home?

Kennan Oliphant: "So people don't have anything to worry about with comforcare?"

Ken Olson: "They do not, they do not."

Re-assuring words from Ken Olson, owner and manager of a Comforcare branch at 5335 Far Hills Avenue. But state officials see it another way. Last October, the Area Agency on Aging reviewed Comforcare's performance. Investigators said comforcare didn't do..
criminal background checks on potential employees.. and didn't adequately screen their qualifications.

The state gave Comforcare 90 days to shape up. But in December of 2007, another review showed Comforcare still out of compliance. The state sanctioned the company and gave Ken Olson 30 days to comply. I confronted olson with those findings.

Ken Olson: "And this is back in january, this refers to something last year, and these employees were terminated because they didn't have the right background check."

Kennan Oliphant: "How many employees were terminated?"

Ken Olson: "3."

Kennan Oliphant: "Can you tell me what their backgrounds were?

Ken Olson: No, I cannot reveal that."

What is revealing, is a second 30 day follow-up. In January, state investigators said Comforcare hired 3 workers who had "disqualifying criminal records or arrest records with no disposition." Olson told investigators he immediately removed those employees when he found out about their checkered pasts.

Kennan Oliphant: "Some people say this speaks to some of the hiring that has gone on and who's coming into people's homes, who are going into people's homes are they sound in their criminal history?

Ken Olson: "We are required, to get the background checks from bci."

Kennan Oliphant: "But it seems like the background checks weren't done in the past.

Ken Olson: "They were done. we were using a different company at the time and some of those people brought in local, local checks.

Kennan Oliphant: "Local checks?"

Ken Olson: "But that's all i can speak, speak, yeah, we're required by the department of aging to do a criminal background check which we are doing."

Despite Olson's assertion, the Area Agency on Aging is now asking the state department of aging to again sanction Comforcare. Doug McGarry says that penalty could strip clients from Comforcare, and put all of their referrals on hold.

"if a background check was done and there are violations.... our question is why did you employ them?"

McGarry is the executive director for the Area Agency on Aging. His agency, is the only one keeping track of Comforcare's hiring practices.

Kennan Oliphant: "Does anyone license comforcare?

Ken Olson: "The, uh, ohio does not require licensing of non-medical home health agencies."

According to the Area Agency on Aging Comforcare can hire "anyone"* as a homecare aid, even if they have a criminal record. In addition, Comforcare can hire aides with no training if they're performing "non-medical work".... grooming, light housekeeping, bathing, laundry, reading mail.... for *private paying* clients. However, Comforcare says they only hire aides who are trained.

"And as far as these agencies are concerned, they should be up under the same scrutiny as the state and government healthcare."

The current "hands off" approach makes Barbara Brunner nervous..

"Personally, i'm leery about anyone coming into my home that i don't know and sometimes people we know are taking from us."

Brunner, who spends time at Ellison Senior Center, use to provide home health services.

"You already have an elderly parent or relative that's already living on minimum means, they need to be taken care of and what little bit they have someone just comes in and takes it away from them."

Despite the prospect of sanctions, Olson told me comforcare clients can rest easy.

Kennan Oliphant: "What are you doing right now to make sure that people feel safe in their homes?"

Ken Olson: "When the employee comes in and fills out and application we require that they get a criminal background check from BCI&I and they need to bring that into us in advance before we take any next steps at all. this is what we've been doing since the end of last year"



As a consumer, you have the right to know who's in your home giving you or your parents aide. Ken Olson told me you can come into his office and take look at the personnel file of the aide you hire. However, Doug McGarry at the Area Agency on Aging suggests you should not rely on background checks alone.

Here are a few ways to get quality care...Check to see if aide is employed by a reputable agency -- as opposed to someone woring for themself. Are they insured and bonded? Is the agency certified by medicare, medicaid or passport? Check to see if aide has training or experience and check with the Better Business Bureau for any complaints.

Remember, you're the employer, you have to check out the person you want working in your home.

It interesting to note, the state told me this case should be in the hands of the attorney general. We have not gotten word if the Attorney General will get involved with this case.

I just want to add there are alot of quality home health care aides with clean records and who work very hard. Don't let a bad seeds ruin the whole bunch.