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  Nursing Home Appeals Citation
State Finds Marshfield Facility Failed to Investigate Alleged Molestation

By Jon Gneiser
Marshfield News [Wisconsin]
April 26, 2005

The Marshfield Care Center has been cited by the state's Department of Health and Family Services Bureau of Quality Assurance for three violations of federal regulations stemming from an alleged incident of sexual misconduct.

According to state surveyors' interviews with two certified nursing assistants who witnessed the alleged incident on Feb. 8, a 79-year-old female resident who has dementia was being kissed on the lips by a male visitor while her arms and legs were "flailing."

The facility has claimed the witnesses can't confirm any incident of sexual misconduct occurred through an informal dispute resolution process, according to bureau statements of deficiency.

Cris Ros-Dukler, director of the Bureau of Quality Assurance, said the man who was "allegedly molesting" the resident was a relative of another resident. Although the bureau's report doesn't directly name the visitor, it appears to describe Raymond H. Bornbach of Marshfield. The statement of deficiency includes references to incidents involving Bornbach, and refers to a news story about Bornbach published in the Marshfield News-Herald on Aug. 27, 2004.

Bornbach is a former priest who is no longer allowed to perform sacraments or wear a collar due to previous allegations of sexual abuse in the community. In August, the Diocese of La Crosse confirmed that Bornbach of Marshfield had repeatedly molested a girl in 1971 and barred him from performing any priestly duties.

"That certainly sounds like the same person, that would be Bornbach," said Marshfield Police Chief Joe Stroik. "No one has notified us of this."

Bornbach declined to comment Monday.

In a prepared statement Monday, Marshfield Care Center Administrator Jacqueline Williams said: "The facility does dispute and disagree with the Statement of Deficiency. The Statement of Deficiency is under appeal and we do not wish to make any further comments at this time."

After the state's investigation, the facility was cited for failing to: Thoroughly investigate an allegation of sexual misconduct or take measures to ensure further potential abuse didn't occur.

implement its system for reviewing complaints and for ensuring the safety of its residents.

inform the resident's guardian, her daughter, of the witnessed sexual allegation.

The facility also didn't report the incident to law enforcement.

Stroik said state law requires the Marshfield Care Center to report sexual assaults, but because he hasn't seen the report he doesn't know whether an offense may have occurred.

Neither the Marshfield Police Department nor the Wood County District Attorney's office was aware of the incident prior to the News-Herald contacting them. Stroik said the department has no reported cases against Bornbach.

Rice Management Corp. of Appleton purchased the Marshfield Care Center, 814 W. 14th St., from Genesis HealthCare in December.

Ros-Dukler said the facility's plan of correction includes no longer allowing the former priest to "come and go" to the facility.

"When he needs to visit, it's going to be scheduled, he'll be escorted in by the administrator and there will be assurance that he's only with his sister," she said.

Ros-Dukler said the bureau's investigation concluded there was only one alleged incident.

"As far as we know there was only one, thank God, that we could validate," she said. "That's the one that rose to my level of attention. It was a fairly egregious event."

State surveyors concluded the facility had removed the immediate jeopardy on March 2 by escorting the visitor out of the building and instructing all staff that he was not allowed to return, pending the outcome of the investigation.

Typically when an incident reaches the level of "immediate jeopardy," the bureau recommends a monetary penalty that's determined by the Centers for Medicare and Medicaid Services, Ros-Dukler said.

The Marshfield Center also failed to provide for a former 101-year-old resident's preference to eat in her room by forcing her to eat in the dining room when she began refusing food, according to a state surveyor.

 
 

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