All-American drops appealsRhoads decides not to sell and remain open
All American Restorative Care went to an appeal hearing before the Iowa Department of Inspections and Appeals (IDIA) on Jan 15.
According to David Werning, Public Information Officer for the IDIA, no final action has been taken on Rhoad’s appeal.
Owner and administrator of All American Restorative Care Jerry L. Rhoads said he thought he didn’t win the appeal. After the Jan. 15 hearing he considered taking the appeal to the next step in court but decided not to.
“We’ve dropped all appeals,” Rhoads said, “so maybe we can just move on. We will pay our fines over time; that’s what Chapter 11 bankruptcy is about. It gives you time to reorganize and get a plan together.”
In December, Rhoads filed for Chapter 11 bankruptcy. He told The Journal he was looking for a buyer of both the facilities he owned in Washington and Muscatine. However, he has had a change of heart since then.
“We’ve decided not to sell and hope to remain open,” Rhoads said. “Under the chapter 11 bankruptcy we’re still reorganizing, but we’re much better off than back then.”
Rhoads requested the appeal hearing on Jan. 15 after a $30,000 fine the facility in Washington received on Nov. 4, 2013, from an investigation into a resident’s death on June 2, 2013. The IDIA found during their investigation cardiopulmonary resuscitation (CPR) wasn’t performed and should have been, according to IDIA documents.
This wasn’t the facility’s first fine. Another fine of $5,000 was received March 2013 for a resident who fell in January 2013, according to IDIA documents. After the IDIA investigated the resident’s fall, they found the resident tried to get out of bed without assistance and was found by a staff member on the floor. The resident was taken to the hospital after complaining about having a broken hip and came back to the facility with 18 staples and surgery for a broken hip.
The facility has had three complaint revisits from the IDIA and has passed both without further citations, according to the IDIA Web site.
“We’ve gotten things cleaned up,” Rhoads said. “It just took time.”