Federal agency finds Meriter failed to act after first report of NICU abuse in April 2017

Amanda Quintana by Amanda Quintana

UnityPoint Health-Meriter did not do enough to protect patients and prevent suspected abuse in the Newborn Intensive Care Unit, a federal investigation finds.

The hospital in Madison is facing termination of payments for services after the Center for Medicare and Medicaid Services made a finding of “immediate jeopardy” for patients, according to a document obtained by News 3 Investigates.

“The immediate jeopardy began on April 12, 2017 when the facility failed to protect and thoroughly investigate the first report of an injury of unknown origin for patient #4, placing all patients in the Newborn Intensive Care Unit at risk for serious harm or injury,” said CMS in the document.

TIMELINE: Federal agency finds Meriter failed to act after first report of NICU abuse in April 2017 #news3

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Read the full story: https://t.co/4dfA4qLnbw pic.twitter.com/hbR6EEhXqM — WISCTV News 3 (@WISCTV_News3) March 9, 2018

The deficiencies report, which was put together by CMS, said injuries were found on five infants, ranging from bruising on arms and legs to skull and arm fractures.

Interviews with physicians and nurses in the facility show a timeline that began with concerns on Feb. 2 of unexplained bruising. Those concerns continued throughout the week with questions about injuries to additional babies. The documents show a child abuse expert wasn’t called until Feb. 8, six days after that first report. Madison police said they were notified of the unexplained injuries on Feb. 9 and began an investigation.

#BREAKING: @CMSGov finds @uph_meriter failed to protect and prevent suspected abuse in babies in the #NICU. Injuries were found on 5 infants, ranging from bruises to skull fractures. The first injury was found in April of last year. #news3 pic.twitter.com/eqEDbexoJo — Amanda Quintana (@AmandaQTV) March 8, 2018

CMS documents show their interviews with nurses and physicians and review of patient files found additional documented concerns about injuries to babies in the NICU going back to April of 2017, with at least one mother taking pictures of unexplained bruises to her child.

“Interview with Director of Performance B on February 16, 2018 at 2:12 p.m. stated there was no policy or process that guided the staff or physicians how to report abuse or neglect,” CMS said in a statement.

The hospital suspended one employee Feb. 8 and implemented increased security after sharing the concerns with police. A plan of correction submitted by UnityPoint-Meriter shows a security officer is assigned to the NICU entrance and cameras are now in place in all NICU rooms.

During the course of the investigation, CMS determined Meriter was out of compliance with a condition that requires it protect and promote each patient’s rights. CMS told News 3 Investigates that they have accepted an initial plan of correction from Meriter, but issued the termination notice after additional issues surfaced.

“During the course of the recent survey other levels of non-compliance were discovered,” said CMS spokesperson Elizabeth Schinderle. “As a result, CMS finalized the full survey report and issued it to the facility yesterday, March 7. They now have the opportunity to submit another plan of correction (POC) which CMS will then review. If that POC is found to be acceptable, the next step in the process would be an unannounced, on-site survey.”

Because of this “immediate threat to patient health and safety,” the Medicare program will not make payment for patient services on or after May 24.

A spokesperson for Meriter said the hospital was working with authorities in the review of the NICU.

“We have successfully worked with the Centers for Medicare and Medicaid Services to address their most immediate concerns and we continue to work on a longer term corrective action plan for their review,” said Jessika Kasten, with UnityPoint Health – Meriter. “We have implemented enhanced safety measures, and our commitment to provide safe care to our patients and families has never been stronger.”

Stay tuned to News 3 and Channel3000.com for more on this developing story.

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