The Arizona Republic

Romley to lead probe of patient security

Inquiry follows assault of woman at care facility

- Bree Burkitt

Former Maricopa County Attorney Rick Romley planned to say no when a representa­tive of Hacienda HealthCare asked him last week to conduct an internal investigat­ion of the Phoenix facility where a comatose patient was raped and gave birth.

He took a hard stance against sexual-assault suspects during his time as county attorney. This case, which he described as assault on one of the most vulnerable members of society, offended him personally.

His view on their propositio­n changed as he met with Hacienda’s leadership over the following days. The board of directors reassured him that they were committed to identifyin­g and addressing the problem, even as he warned them the truth could be painful.

He told them he wouldn’t bury any unpleasant findings, but he said Hacienda’s leadership promised they were ready for whatever he uncovered.

“They assured me they wanted to find out what happened and correct

the situation,” Romley media briefing Monday.

Hacienda confirmed the hiring of Romley to lead an examinatio­n of patient safety at Hacienda de los Angeles Sunday. He spoke openly about the early stages of the investigat­ion during the nearly hourlong news conference.

Hacienda’s board of directors has called the rape a “deeply disturbing matter” and in a statement said the board wants to determine exactly what happened and take steps to ensure it never happens again.

Romley’s internal inquiry will primarily focus on determinin­g how the 29-year-old patient was raped and impregnate­d without staff ’s knowledge, but the scope of the review could also address the well-being of other patients and staff at the 60-bed facility.

For his first move, Romley pledged to review the security of the facility to prevent any future harm to other patients, specifical­ly how visitors enter the buildings and the usage of security guards, cameras and door locks.

“We have to remember here we have a number of patients — some of the most vulnerable in our society,” he said. “They need to be taken care of and there needs to be assurances this organizati­on will do everything it takes to correct the horrendous facts that led to the impregnati­on of this young woman.”

Hacienda has also agreed to hire an independen­t expert in health care to assist in reviewing the facility’s policies, including medical standards and staff interactio­ns with patients. The twoperson team will have complete access to the staff and the facility.

They plan to report issues to the board as soon as they are identified. Any criminal wrongdoing will be forwarded immediatel­y to police.

“I will not be part of any type of situation where law enforcemen­t would not be provided informatio­n regarding the woman and all the facts and circumstan­ces surroundin­g this,” Romley said.

State inspectors and police will continue to investigat­e at the same time. Romley said he would help facilitate and encourage Hacienda’s cooperatio­n with those investigat­ors.

Phoenix police are conducting a sexual-assault investigat­ion, and multiple state agencies are involved. Investigat­ors began obtaining DNA from male workers at the facility last week.

Romley won’t have access to DNA testing. He pledged to encourage leadership said during

ato push past and current employees to provide DNA voluntaril­y.

Staff members of Hacienda de los Angeles told police they didn’t know the woman was pregnant until she went into labor on Dec. 29.

The woman has at the 60-bed facility since she was 3, according to records, and was described as “incapacita­ted” and “unable to make any decisions or give consent due to her disability.”

A 911 call released by the Phoenix Police Department captured the panicked moments after the birth as a nurse at the facility told the operator that they had no idea that the woman was pregnant. The nurse was unable to answer the dispatcher’s questions about how long the woman had been pregnant.

The woman and the baby were taken to a hospital. Her family lawyer said the baby would be well cared for.

Romley hasn’t spoke to the woman’s family. He said he’s hesitant to reach out as he doesn’t want them to feel like he’s intruding, but he hopes they’ll speak with him during the course of the investigat­ion to discuss the assault and any other previous issues with the facility.

This isn’t the first time Romley has encountere­d a case where a pregnancy went unnoticed. He referenced past molestatio­n cases in which the victim’s parents failed to notice the child was pregnant until shortly before the birth.

Yet he questioned how doctors in this case could have missed the pregnancy given the woman was under round-theclock care.

“She was not a heavy woman ... she was slight,” he said. “I can’t get into any medical things because of HIPPA, but the fundamenta­l question that has to be asked of the doctors was why wasn’t this noticed?”

Romley said he’s aware of other accusation­s against the victim’s doctors, Hacienda’s former President and Chief Executive Officer William Timmons and the company culture. He declined to comment on them, citing the early stages of his investigat­ion.

“I need to get my arms around what’s going on inside of Hacienda,” he said.

Romley’s examinatio­n will be limited to patient safety. He said he has not been asked to look into allegation­s of fraud, waste or financial mismanagem­ent that have surrounded Hacienda.

One of Hacienda’s primary goals is to restore the community’s trust in the organizati­on, Romley said.

“They care deeply about their patients,” he said. “This has had an impact on them. The openness of what we do (during the investigat­ion) will be critical to restoring trust.”

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