Charges filed after individual was harmed at Hazard mental, physical disability facility in 2016
HAZARD, Ky. (Feb. 1, 2019) – Attorney General Andy Beshear and his Office of Medicaid Fraud and Abuse today announced the guilty pleas of two former caregivers on abuse charges of a vulnerable Kentuckian at a Hazard mental and physical disability facility in 2016.
Penny Caudill, 43, and John Hundley, 42, both of Hazard, each plead guilty to one count of wanton abuse or neglect of an adult, Class D felonies, as a result of an incident that occurred on or about, Sept. 29, 2016.
According to court documents, Hundley dragged a vulnerable Kentuckian who was participating in adult day training at the Hazard facility across the floor and out onto the front porch of the building.
As a result, the individual suffered significant injuries.
Caudill, also acting as a caregiver, observed the injury of the individual at the time of Hundley’s actions, but she failed to arrange for professional medical treatment or prepare an incident report, according to court documents.
Hundley and Caudill were placed on leave during the investigation and no longer work at the facility.
Caudill’s plea was an Alford plea, which allows a defendant to plead guilty even while unable or unwilling to admit guilt. She will be sentenced Feb. 28 in Perry County Circuit Court. The Commonwealth is recommending a sentence of three years diverted for a period of three years.
Hundley was sentenced Nov. 19, 2018, to three years probated for five years.
Caudill and Hundley will be placed on the Kentucky Caregiver Misconduct Registry.
“We must hold accountable anyone who victimizes our most vulnerable citizens, especially those who families trust with the care of their loved ones,” Beshear said. “These two individuals will now be flagged on our state registry as well as on probation once the sentencing is final so they can never harm another Kentuckian.”
The Office of Medicaid Fraud and Abuse in the Kentucky Attorney General’s Office, and the Cabinet for Health and Family Services Department for Community Based Services, Adult Protective Services handled the investigation, and Beshear’s Office of Medicaid Fraud and Abuse is prosecuting the case.
The Attorney General’s tip line for reporting allegations of Medicaid provider fraud or patient abuse is 877-ABUSE-TIP (877-228-7384).