RI Nursing Home Fined and Cited for Operating Facility With 9 Unlicensed Nursing Assistants

RI Nursing Home Fined and Cited for Operating Facility With 9 Unlicensed Nursing Assistants

One of Rhode Island's “youngest and most experienced” nursing home administrators has been disciplined by the Rhode Island Department of Health (RIDOH).

In January of 2023, Grace Barker Health, a skilled nursing, short-term rehabilitation, assisted living, and adult day health provider located in Warren, announced that Benjamin Lescault was promoted to administrator. The announcement was made by Mark and Mary Beth Lescault, co-owners of Grace Barker Health.

The facility has 86 beds.

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However, just months later, the nursing home and Benjamin Lescault were investigated by RIDOH — and federal regulators, who hit the nursing home with a fine of more than $114,000. It was not Grace Barker Health's first time being penalized by federal regulators.

Now, RIDOH announced this week that it has "reprimanded" Lescault for having employees without valid licenses working at the facility. 

“On or about November 27, 2023, [RIDOH] received a complaint alleging that the Respondent was serving as the administrator of a long-term care facility that had nine (9) nursing assistants working within the facility without a valid license,” writes RIDOH’s Board of Examiners of Nursing Home Administrators (the "Board”).

In announcing Benjamin Lescault’s appointment in 2023, Grace Barker said, "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.”

In the enforcement action, RIDOH wrote, “On January 29, 2024, the Board reviewed the allegation and relevant evidence, including your response to the complaint. RIDOH, after review, and in conjunction with a recommendation by the Board, determined that the Respondent failed to conform to minimal standards of acceptable and prevailing practice of nursing home administration by their actions."

RIDOH said that the conduct constitutes unprofessional conduct as defined by Rhode Island law.

GoLocal reached out to Lescault about the RIDOH action. 

When asked for a comment about the reprimand, Lescault initially responded with the following: 

"The one on my license? I don’t have anything else with that," said Lescault in a phone call, when asked for comment on the reprimand. 

"So were there 9 unlicensed nursing assistants at the facility that you were aware of — or not aware of?" GoLocal asked. 

"Um, that’s a good question — I’ll have to talk to my lawyer about that," he responded.

Lescault provided his email address to comment, but he refused to respond to GoLocal questions. 

He is certified by RIDOH as a licensed nursing home administrator and assisted living residence administrator.

“Long-term care is in Ben’s career DNA as he literally grew up at Grace Barker, pulling bingo numbers and playing with his toys as a child in the hallways,” states Mary Beth Lescault, whose mother established Grace Barker Nursing Home in 1966. “Now as the third generation of our family’s leadership, he will continue the legacy of caring for and providing quality elder services throughout the East Bay community and beyond. We are so proud of his accomplishments.”

The penalty, according to RIDOH, is a reprimand. “[Lescault] voluntarily agrees to accept the sanction of a Reprimand against their license as a nursing home administrator,” according to RIDOH.

 

Federal Penalties

The Department of Health & Human Services Centers for Medicare & Medicaid Services on September 29, 2023, issued a statement of deficiency, which found four deficiencies and fined the facility $114,806.

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.