Home Health & Hospice Week

Suspect in case recently arrested on murder charges.

Home health and hospice providers are grappling with how to keep workers safe in patients’ homes, and OSHA is offering some suggestions — as well as levying a hefty fine related to a home health nurse’s tragic death last fall.

Recap: Joyce Grayson, a nurse with Elara Caring for over 10 years, was killed on Oct. 28 when visiting a resident at a halfway house for convicted sex offenders in Willimantic, Conn. (see HHHW by AAPC, Vol. XXXII, No. 42). Police found Grayson strangled to death in the basement of the house after she failed to show up for later visits that day and her daughter asked police for a wellness check, according to press reports.

Michael Reese, 39, who had an appointment with Grayson that day, was arrested April 19 for the murder. Reese was on probation after serving about 14 years in prison for sexually assaulting and stabbing a woman in 2006.

Reese has been charged with Murder, Felony Murder, and Criminal Attempt to Commit Sexual Assault in the First Degree, according to an arrest warrant. The warrant provides many details about the case, including that Reese allegedly used Grayson’s car, withdrew money from her bank account with her ATM card, and cut off his ankle monitor, the warrant alleges.

The DOL Occupational Safety and Health Adminis­tration investigated following the death and has found that Dallas-based Elara Caring “did not provide adequate safeguards to protect the nurse, Joyce Grayson, and other employees from the dangers of workplace violence,” according to a May 1 release. “Elara Caring exposed home healthcare employees to workplace violence from patients who exhibited aggressive behavior and were known to pose a risk to others,” OSHA judges.

OSHA cites Jordan Health Care Inc. and New England Home Care Inc., both dba Elara Caring, “for one willful violation under the agency’s general duty clause” and “for not developing and implementing adequate measures to protect employees from the ongoing serious hazard of workplace violence,” according to the release. The agency also issued a lesser citation “for not providing work-related injury and illness records to OSHA within four business hours, as required.”

As a result, OSHA is fining Elara Caring more than $163,000. Elara also “must develop, implement and maintain required safeguards such as a comprehensive workplace violence prevention program,” the agency says. The chain has more than 200 locations across 17 states.

“Elara Caring failed its legal duty to protect employees from workplace injury … and it cost a worker her life,” OSHA Area Director Charles McGrevy says in the release. “Workplace safety is not a privilege; it is every worker’s right.”

OSHA has suggestions for how Elara and other providers can safeguard their most precious resource — their staff (see related story, p. 117).

At press time, Elara had scheduled an informal conference with OSHA on May 2, the Associated Press reports.

Meanwhile, Elara takes exception to the citation. It “is unwarranted, and we intend to contest it vigorously,” the chain says in a statement provided to press outlets. “Connecticut’s Department of Correction, Board of Pardons and Parole, and Judicial Branch determined that the patient who allegedly murdered New England Home Care, Inc. nurse Joyce Grayson was safe for re-entry into the community. Post-release, state authorities were responsible for monitoring and managing the patient’s activities,” Elara adds. “The death of Joyce Grayson was a tragedy, and we continue to grieve with the family.”

An attorney for the Grayson family tells AAPC the arrest last month was “a relief.” But the family plans to move forward with a civil lawsuit in the case, Kelly Reardon with The Reardon Law Firm reveals. Reardon didn’t disclose who would be named in the suit.

“The family is very pleased that OSHA has conducted a thorough investigation and concluded that Elara Caring failed to protect home health nurses from dangerous patients,” Reardon continues. “They hope that all home healthcare companies will consider her death a wake up call and will implement any necessary changes to ensure the safety of those who provide care to the public.”

Elara Caring did not return a request for comment from AAPC by press time.

Note: A link to the redacted arrest warrant is at www.cspnews.org/post/eastern-district-major-crime-detectives-make-arrest-in-october-2023-willimantic-homicide-investigati.