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Healthcare Centers of Texas12/12/2002
opriety with cats and expressed the concern that Jones may behave in a sexually inappropriate manner with low-functioning female residents. Dr. Huff concluded that Jones was "very dangerous" and needed to be placed in a more secure facility. Dr. Huff reported that a crisis atmosphere surrounding Jones had reached a crescendo by mid-October 1996. Dr. Huff reported that Jones's daughter wanted to get help for her father, but she could not bring him to her home because she could not trust him around small children.
On November 27, 1996, Jones was involuntarily committed to a psychiatric unit at San Jacinto Hospital. Dr. Wamble of San Jacinto Health Care Center wrote in Jones's chart that Jones "is likely to cause serious harm to others." On December 10, 1996, Dr. Wamble sought to discharge Jones from San Jacinto. The nursing home administrator and director of nursing at Anahuac sent Robin McDaniel, the assistant director of nursing at Anahuac, to San Jacinto to determine whether Jones could return to Anahuac. Mrs. McDaniel reviewed Jones's records and discovered that he had been videotaped masturbating in the open, had been verbally aggressive with the staff, and had been hoarding food in his room — all behaviors Jones had exhibited at Anahuac. Further, Jones propositioned a female staff member at San Jacinto for sex. Although Jones was taking medication, he continued to behave inappropriately at San Jacinto. Mrs. McDaniel concluded that Jones should not be placed in any nursing home and that he needed a more restrictive environment.
Anahuac refused to accept Jones from San Jacinto. Dr. Rapp then called Green Acres, another nursing home owned by Healthcare Centers of Texas where he was a medical director. The administrator at Green Acres reviewed Jones's records and refused to take him because he did not want that type of resident. Dr. Rapp then called Dorsey Greer, the administrator of LaPorte nursing home.
Dorsey Greer testified that Dr. Rapp told him he had a potential new resident for LaPorte who had been at Anahuac, then discharged to San Jacinto Hospital. Dr. Rapp told Greer that Anahuac had refused to accept Jones from San Jacinto. According to Greer's testimony, Dr. Rapp stated that Jones had been a model resident except for one incident of inappropriate sexual behavior with a cat. It was Dr. Rapp's opinion that the incident occurred because Jones did not take his medication. Greer testified that in admitting a new resident, it was his policy to review the records from the discharging institution and any other pertinent information about the resident. He would ordinarily send the director of nursing to the psychiatric hospital to review the records, but he did not do so in the case of Jones. Jones was admitted to LaPorte on December 12, 1996. Greer testified that had he known of Jones's history at Anahuac, he would have moved Jones closer to the nurses' station and would have discharged him "the first time he went near another person."
Two or three days after Jones's admission, Glenda Raglund, the quality assurance nurse for Anahuac and LaPorte, learned Jones had been admitted to LaPorte. She immediately called Greer and asked him, "Why in the bleep did you let this person get into our facility?" She reported Jones's history at Anahuac and told Greer he should make arrangements to place Jones in a more secure facility as soon as possible. Greer began to explore alternatives for discharging Jones, however, pursuant to State regulations, Jones could not be discharged until he displayed aberrant behavior at LaPorte.
Greer instructed the director of nursing to meet with the nurses and require them to watch Jones closely. He instructed her not to tell the n
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