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Post date: July 23 2013

A.G. Schneiderman Charges Rochester Nurse Aide For Violating Privacy Rights Of An Elderly Patient

Former Nurse Aide At St. Ann's Home Posted Facebook Video Capturing Harassment Of A Patient

Schneiderman: Ensuring New York’s Elderly Are Protected And Shown Respect By Caregivers Is A Priority Of My Office

ROCHESTER – Attorney General Eric T. Schneiderman today announced the arrest and arraignment of Ericha Brown, a former nurse aide at the St. Ann’s Home in Rochester, for allegedly violating the Nursing Home Patient Bill of Rights and New York State Health Laws by posting a video capturing the harassment of a patient. Brown, age 23, of Rochester, NY, was charged with three counts of Willful Violation of the Health Laws. If convicted, the defendant faces up to 1 year in prison.

“The families of nursing home patients should never have to doubt that their loved ones are in the best of care,” said Attorney General Schneiderman. “Ensuring that New York’s elderly are being protected and treated with respect by their caregivers is and will continue to be a priority of my office.”

According to the charges, while the defendant was still employed at the St. Ann’s Home, located at 1500 Portland Avenue in Rochester, Brown recorded a video of a patient sitting in a wheelchair in a common area of the nursing home. On October 24, 2012, Brown posted the video on Facebook. The video, with audio, showed the following:

  • A hand briefly tugged the back of the patient’s hair.
  • More than one voice, all of which are heard but not seen, stated to the patient in sum and substance: “…the boss lady said that if you don’t wash the dishes she will the slap the black off you…and she called you a bitch”.  
  • A voice stated to the patient in sum and substance: “you owe me an apology, I’m so tired of you attacking me all the time.”
  • A voice stated to the patient in sum and substance: “she is a troublemaker, this lady is playing mind games with you, she will have you jumping out the window.”
  • A voice stated to the patient in sum and substance: “you was drunk last night, you bust up that lady in the face, you were drunk on Gin…lady was bleeding and all.”

Brown was arraigned in Rochester City Court before Judge Charles Crimi.

Special Assistant Attorney General Timothy McFarland, of the Medicaid Fraud Control Unit’s Rochester Regional Office, is prosecuting the case, under the supervision of MFCU Chief of Criminal Investigations Catherine Wagner, MFCU Special Deputy Attorney General Monica Hickey-Martin and Executive Deputy Attorney General for Criminal Justice Kelly Donovan. Assisting in the investigation is Investigator Jason Rice under the supervision of Chief Investigator Thaddeus Fisher and MFCU Rochester Regional Chief Investigator William Falk.

The charges against the defendant are merely accusations, and the defendant is presumed innocent until and unless proven guilty.

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