Mugeni v. Maine Dep't of Health and Human Services

CourtSuperior Court of Maine
DecidedApril 13, 2023
DocketCUMap-21-12
StatusUnpublished

This text of Mugeni v. Maine Dep't of Health and Human Services (Mugeni v. Maine Dep't of Health and Human Services) is published on Counsel Stack Legal Research, covering Superior Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mugeni v. Maine Dep't of Health and Human Services, (Me. Super. Ct. 2023).

Opinion

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss. CIVIL ACTION Docket No. AP-2021-12

FLORA MUGENI, ) ) Petitioner, ) ) V. ) DECISION ) MAINE DEPARTMENT OF HEALTH ) AND HUMAN SERVICES, ET AL., ) ) Respondents. )

Before the Court is Petitioner Flora Mugeni's Petition for Review of State Agency

Action Pursuant to Maine Rule of Civil Procedure SOC. Ms. Mugeni appeals the Final

Decision of Respondent Commissioner of the Department of Health and Human Services

("DHHS"), dated April 28, 2021, upholding a Level I Substantiation of Ms. Mugeni. For

the following reasons, the Court affirms the Final Decision.

I. Background

Following an investigation by Adult Protective Services (" APS"), DHHS issued a

Notice of Level I Substantiation to Ms. Mugeni on March 4, 2020. (CR 162.) Ms. Mugeni

requested a hearing. (CR 68.) Hearing was held before Administrative Hearing Officer

Tamra Longanecker on December 15-17, 2020, and January 25-26, 2021. (CR 34.) Ms.

Mugeni testified at the hearing, among others. (CR 62, 1914-2039.)

On April 28, 2021, Chief Administrative Hearing Officer Joseph M. Pickering

issued the Final Decision. (CR 1.) The Final Decision adopts the findings of fact of Hearing

Officer Longanecker's Recommended Decision, which may be summarized as follows.

JCR 1.)

Page 1 of 15 Mr. F. was a 62-year-old man diagnosed with intellectual disability and diabetes

mellitus. (CR 38.) He was a dependent adult under 22 M.R.S. § 3472(6), and the State of

Maine was his guardian. (CR 38.) His public guardian representative was Patrick

Bourque ofDHHS, and his case manager was Kelsey Best of Waban Projects, Inc. (CR 39.)

Mr. Bourque and Ms. Best had worked with Mr. F. for two years prior to August 2019.

(CR 39.)

Mr. F. required blood sugar monitoring and three insulin injections each day to

manage his diabetes. (CR 39.) Mr. F. determined the dosage of each injection by using a

sliding scale to find the dosage that corresponded to a glucometer reading of his blood

sugar. (CR 39.) Mr. F. also required a long-acting insulin injection each night. (CR 39.)

Until August 22, 2019, Mr. F. lived alone. (CR 39.) Mr. F. received support from

Living Innovations in his home, including supervision of his blood sugar monitoring and

insulin usage. (CR 39.) A few weeks before August 22, Living Innovations discharged Mr.

F. due to unsanitary conditions in his home. (CR 39.) Mr. Bourque and Ms. Best grew

increasingly concerned about Mr. F.'s health and safety. (CR 40.)

On August 20, 2019, Mr. Bourque and Ms. Best met with Mr. Bourque' s supervisor

and a DHHS crisis worker to discuss a plan to move Mr. F. into a residential setting with

more support. (CR 40.) The same day, Ms. Best contacted Angie Marquis, acting CEO and

intake coordinator for Residential and Community Support Services ("RCSS"), to seek an

opening for Mr. F. in a group home. (CR 40.) Ms. Best sent a description of Mr. F. and his

support requirements to Ms. Marquis. (CR 40.)

On August 22, 2019, Mr. F.'s team met Mr. F. at his home and convinced Mr. F. to

go to the hospital. (CR 40.) Mr. Bourque reached into Mr. F.'s home and took a bag

containing medications from near the door but did not check its contents. (CR 40.) The

bag did not contain insulin or a glucometer. (CR 40.)

Page 2 of 15 Later that day, Ms. Marquis told Ms. Best that RCSS had an opening in a group

home starting the next day, Friday, August 23. (CR 41.) She told Ms. Best that a nurse

would train the group home staff on Mr. F.'s diabetes management needs before he

moved into the home. (CR 41.) Ms. Best sent Ms. Marquis Mr. F.'s medication

administration record ("MAR") from June 2019, the sliding scale, and a medication list

with times. (CR 41.)

After speaking with Ms. Best, Ms. Marquis told Ms. Mugeni, a registered nurse

employed by RCSS, that she would need to train the staff at the group home on how to

administer insulin. (CR 41.) Ms. Mugeni asked Ms. Marquis for more specific medical

information to develop the training but did not indicate she could not perform the

training. (CR 41.) Ms. Mugeni was not otherwise part of Mr. F.'s intake process with

RCSS. (CR 41.)

Ms. Mugeni became licensed in Maine on October 8, 2018. (CR 41.) Ms. Mugeni

had studied diabetes and insulin administration in nursing school. (CR 41.) She had not

been employed as a nurse before being hired by RCSS on November 28, 2018. (CR 41.)

Between November 2018 and August 2019, she reviewed medication records and trained

direct support professionals ("DSPs") to become certified residential medication aides

("CRMAs"). (CR 41.) She was supervised by Claudia Stanley, a registered nurse and co-

owner of RCSS. (CR 41.) In August 2019, Ms. Stanley was on medical leave. (CR 46.)

Mr. F. did not transition to the group home on Friday because his blood sugar

levels were too high to discharge him from the hospital.1 On Saturday, August 24, the

hospital permitted Mr. F. to discharge himself. (CR 42.) Mr. F. arrived at the RCSS group

1 The hospital had neglected to adrnmister Mr. F.'s insulin before lunch on Friday.

Page3 of 15 home by ambulance without insulin, without a prescription to refill his insulin, and

without a glucometer. (CR 42.) He did have a bag of other medications. (CR 42.)

RCSS assigned Willy Tshibangu, a DSP, to work with Mr. F. when he arrived. (CR

42.) Shortly thereafter, RCSS sent a CRMA, Paul Mukiza, to the home to help with Mr.

F.'s transition. (CR 42.) Art Robbins of DHHS Crisis Services ("Crisis") also visited the

group home that day to help Mr. F. settle in. (CR 42.)

Mr. F. appeared weak and dizzy when he arrived at the group home. (CR 42.)

When Mr. Mukiza saw that Mr. F. did not have doctor's orders or a medication

administration record ("MAR"), Mr. Mukiza reached out to Nancy Yombe, a program

manager or "pod leader" for RCSS. (CR 43.) Ms. Yombe in turn called Ms. Mugeni,

informed her that Mr. F. appeared weak, and asked her to call the group home staff. (CR

43.)

Ms. lVIugeni presumed that Mr. F. was the new diabetic client Ms. Marquis had

told her about. (CR 43.) Ms. Mugeni instructed the staff to give Mr. F. soda. (CR 43.) She

also told the staff to call her if they needed anything. (CR 43.) Ms. Mugeni then texted

Ms. Marquis and explained that Mr. F. showed signs of low blood sugar and that the

group home staff did not have any instructions regarding Mr. F.'s medications. (CR 43.)

Ms. Mugeni asked whether RCSS had prescriptions for him. (CR 43.)

In response, Ms. Marquis sent Ms. Mugeni a lVIAR from June 2019 and the sliding

scale. (CR 43.) Ms. Mugeni briefly reviewed the MAR that day. (CR 43.) Ms. Mugeni

stated that the staff would still need doctor's orders, which Ms. Marquis did not have.

(CR 43.) Ms. Mugeni stated that she hoped Crisis would help and that she would "keep

checking" to see whether Mr. F. needed to return to the emergency room. (CR 43.) Ms.

Marquis responded that RCSS may have to take him back to the emergency room,

Page 4 of 15 considering the number of insulin doses he was supposed to receive daily, and that she

would update Ms. Mugeni when she heard back from DHHS Crisis. (CR 44.)

At 5:35 p.m. that same day, Saturday, August 24, the hospital faxed doctor's orders

to Ms. Marquis, who forwarded them to Ms. Mugeni, Ms.

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