Home Health & Hospice Week

In some cases, a tragic murder can be prevented with reasonable precautions, but in other cases it can’t. That’s at the heart of a wrongful death suit filed by the family of an Elara Caring nurse murdered by a patient last fall.

Recap: Joyce Grayson, an LPN 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. 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. Police collected evidence of attempted sexual assault.

Michael Reese, who had an appointment with Grayson that day, was arrested April 19 for the murder (see HHHW by AAPC, Vol. XXXIII, No. 15). Reese was on probation after serving 14 years in prison for sexually assaulting and stabbing a woman in 2006, and then more time for violating parole with drug use. The complaint reveals that Grayson was there to administer psychotropic medications from a lockbox that Reese couldn’t access, and that only other offenders — no staff or security — were present in the residence for these visits.

The Occupational Safety and Health Administration also levied a $163,000 fine in the case and instructed Elara to “develop, implement and maintain required safeguards” across its organization. Dallas-based Elara is comprised of more than 200 locations across 17 states.

Now Grayson’s family has filed a wrongful death lawsuit against Elara, its affiliates including BW NHHC Holdco Inc., Elara Holdings, New England Home Care Inc., the provider running the halfway house where Grayson was murdered (The Connection Inc.), and even the landlord of the facility, John Walker. The Grayson family is also seeking to sue the state, according to local press reports.

“Joyce Grayson’s death was entirely preventable and those who failed to protect her from a violent offender should be held accountable,” says the family’s attorney, Kelly Reardon with The Reardon Law Firm in New London, Conn., according to the Associated Press.

The 35-page complaint levels a laundry list of accusations at Elara, including that it:

• directed its agencies “to prioritize profits over employee safety”;
• “ignored and dismissed [employee safety] concerns and instead encouraged employees of its Elara Caring affiliates, including New England Home Care lnc., to focus on increasing profitability”;
• “chastised, shamed and gaslit” employees who reported safety concerns;
• led reporting employees “to believe that they were overreacting, that they were being difficult, and that the only way the company could make money is by treating all patients, regardless of employee safety”;
• “encouraged employees … to admit as many patients as possible because they were the most profitable aspect of the business even if the patients being admitted were violent offenders with severe mental illness who could cause injury and harm to employees”;
• “ignored repeated concerns raised by its Elara Caring affiliates about employee safety and instead fostered a culture in which employees … were required to treat patients who were dangerous, mentally unstable and, frequently, unsuitable for home health care services”;
• “failed to implement a policy … permitting and authorizing escorts and/or a second staff member to accompany staff when treating mentally unstable and/or potentially violent patient[s] because it would cost money and reduce profits”;
• “failed to provide staff ... with any safety equipment for possible use in unsafe situations involving dangerous patients, such as panic buttons and/or mace, despite being repeatedly asked to do so”;
• allowed staff “to be placed in dangerous situations” by not running background checks on patients or not informing staff of “patients’ violent, criminal pasts” if it did know them;
• failed to train staff on how to deal with violent patients;
• required point-of-care documentation on tablets “while disregarding the fact that this policy resulted in staff being unable to focus exclusively on patients and their behavior to ensure their safety”; and
• “refused to discharge patients who engaged in non-compliant and inappropriate behavior.”

Elara Points To State Responsibility

Elara is “owning its part” in the case, a source says. But the company is defending itself as well.

“Joyce Grayson was a trusted friend, colleague, and mentor,” says a statement the company has shared with AAPC. “We remain devastated and angered by her loss.” the Dallas-based chain says.

But the buck doesn’t stop with Elara, the provider maintains. “Under the State of Connecticut’s model of care, Elara Caring provides in-home health services to previously incarcerated individuals after state criminal and mental health experts have determined they are safe to live in the community,” the statement continues. “To be clear, Michael Reese remained under the state’s supervision while he lived in the community and received care at his residence. Elara Caring provided services only after Connecticut’s Department

of Correction, Board of Pardons and Parole, and the Judicial branch determined it was safe to put Reese back into the community.”

Bottom line: “We believe the allegations against Elara Caring are unwarranted,” the company says.

The death and subsequent lawsuit come after the company posted a report on its website in March 2023 about how it was working to keep staff safe in patients’ homes. Hiring General Counsel Chris Corrigan, possessing “a zero-tolerance policy toward workplace violence,” a reporting system based on a safety committee structure, and a training-focused workplace violence prevention program were all mentioned in the report.

After Grayson’s death, Elara continued to make improvements, the source notes. The company has been piloting and scaling mace pepper spray delivery to team members who go through training, ramping up education/ workplace safety training, and SOS device training, they say.

In a Memorium post on its website last November, Elara CEO Scott Powers notes that “the safety and wellbeing of our team members continues to be of paramount concern. Even with the many safeguards we have in place, it is absolutely critical that we work to ensure that our safety protocols and training remain as robust as possible and that our nurses have the support they need to safely care for patients,” Powers says in the post.

Now, Elara says it “remain[s] committed to improving safety practices,” according to the statement shared with AAPC. “This ensures we continue to provide essential home health care services to our community’s most vulnerable populations. Along with the broader home care provider community, we welcome an ongoing dialogue to achieve these shared goals.”

In many cases, that dialog may be with state legislators and regulators, it appears (see related story, p. 123).

Note: The complaint is online at https://civilinquiry.jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=MMXCV246041171S — scroll down to the “Motions/Pleadings/Documents/Case Status” section and click on “Complaint.” CEO Scott Powers’ open letter about worker safety following the incident is at https://elara.com/caring-for-our-caregivers.