Nursing Home Owners Who Used Unlicensed Nursing Assistants Donated $40K in Political Contributions

Nursing Home Owners Who Used Unlicensed Nursing Assistants Donated $40K in Political Contributions

A nursing home that has been fined more than $124,000 by federal regulators over the past three years and has seen its administrator reprimanded for violations continues to make political donations to top Rhode Island politicians. 

Campaign contributions were made to two top elected officials as an investigation was proceeding.

On Tuesday, GoLocal was first to report about serious federal enforcement actions against Grace Barker Health — the Warren-based nursing home.

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In addition, GoLocal unveiled that the Rhode Island Department of Health (RIDOH) only recently reprimanded the top administrator, months after the federal action.

 

Deficiencies Found —  and Political Contributions Made

The facility came under scrutiny for, among other things, staffing the facility with nursing assistants who were unlicensed — 9 in total, according to regulators.

According to federal records, the investigation report was issued on September 29, 2023, but the investigation by regulators tracks back to August.

While federal regulators for the Department of Health & Human Services Centers for Medicare & Medicaid Services were taking action on that September 2023 date, culminating with issuing a statement of deficiency which found four deficiencies in total and fined the facility $114,806, the family who owns Grace Barker were making campaign donations to top politicians in Rhode Island. 

First, on September 27, 2023, Mark Lescault, who owns Grace Barker along with his wife Marybeth, gave a $1,000 donation, the maximum amount, to Senate President Dominick Ruggerio.

And, as the state’s review was ongoing in December, Benjamin Lescault, the son of Mark Lescault,and the administrator of the home, maxed out and gave a $1,000 donation to Governor Dan McKee.

Benjamin Lescault had been appointed to the top administrative position just months earlier. In a press release sent to GoLocal in January of 2023, stated, “At age 26, Mr. Lescault is one of the youngest, most experienced administrators in the United States to lead an elder care organization. He grew up in the family business and most recently served in the capacity of assistant administrator where he was responsible for overseeing staff operations; facilities management; monitoring inventory and distribution of products and services; assisting with business planning, budget development and marketing; and other operational duties.” 

McKee accepted Benjamin Lescault's political contribution while RIDOH reviewed the complaint.

It was not until November 27, 2023 that RIDOH began its investigation after it said it received a complaint, according to RIDOH documents. It is unclear why the federal government and state were not aligned.

It is unknown if the Governor, his staff or his campaign was aware of the ongoing state investigation, but they could have been aware of the federal action and fine if they were vetting donors.

RIDOH’s Board of Examiners of Nursing Home Administrators (the "Board”) ultimately cited Benjamin Lescault with a "reprimand" in an order finalized on June 17, 2024. 

Two sources tell GoLocal RIDOH’s Board could have taken far more significant action against the home and Benjamin Lescault.

 

History of Political Giving

Combined, Mark and Marybeth Lescault — the owners — and Benjamin Lescault, the administrator have made about $40,000 in political donations to state and federal politicians.

McKee has been the big winner of Lescaults' donations. Since becoming governor, McKee has received $4,000 in political donations from the family.

It is far more than his predecessor, Gina Raimondo, who received $1,500 during her six-plus years as Governor.

Benjamin Lescault has not responded to requests for comments.

There is no legal prohibition from giving or accepting political donations during an investigation.

 

CMS Enforcement Actions in the Past Three Years

CMS wrote in the deficiencies, “During a surveyor interview on [DATE] at approximately 2:30 PM with the Administrator, he indicated that the facility is in need of a better system to keep track of their employees' licenses. Furthermore, he acknowledged the above mentioned staff members did not hold active NA licenses, including Staff C who assisted the resident during the incident. Additionally, he could not provide evidence that the facility was administered in a manner that enables it to use its resources effectively and efficiently t attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident."

Administration Deficiency — F0835

Failure to: Administer the facility in a manner that enables it to use its resources effectively and efficiently.

Nursing and Physician Services Deficiency — F0728

Failure to: Ensure that nurse aides who have worked more than 4 months, are trained and competent; and nurse aides who have worked less than 4 months are enrolled in appropriate training.

Resident Assessment and Care Planning Deficiency — F0658

Failure to: Ensure services provided by the nursing facility meet professional standards of quality.

Quality of Life and Care Deficiency — F0689

Failure to: Ensure that a nursing home area is free from accident hazards and provides adequate supervision to prevent accidents.

In previous years, Grace Barker was fined in December of 2022 $3,250 and, in May of 2021, hit with a penalty of $5,938.

CMS Data Compiled by Pro Publica.