Flaws in home health care exposed

DAYTON, Ohio (WDTN) - We depend on home care aides to take care of our aging parents not take advantage of them. In this case, the aide was a drug addict, with a long criminal past. So, how did she get hired? That's what I wanted to know. So I marched into Interim Health care at 30 West Rahn Road in Dayton.

"Is there a cell phone number or somebody that can call her to tell her that I'm here or. She's in a meeting. I mean she's out of the building. Because every time I call and leave a message she's always in a meeting."

As you can see, I'm trying to get down to the bottom of why Brittanie Duff was hired as a home health care aid for Interim Health care The investigation was launched after getting a tip call that Duff was busted on a heroin charge. However, I discovered she had bigger problems in her past. Duff was indicted and arrested in 2007 for Bank Fraud and Aiding and Abetting. She pleaded guilty and served time at a federal detention center in Philadelphia in 2008 for ripping off National City Bank for $4000. She was released from prison later that year. So why was she hired by Interim with a federal record.

I got a phone call from Vice President and General Counsel of Interim Health care Craig Smith a few days after a confrontation at the Interim offices in Dayton. He told me his company, which has an "A" rating with the Better Business Bureau, made a mistake hiring Duff.

"Obviously if we had known of her federal conviction we never would have hired her."

Interim wasn't the only company that allowed Duff into customers homes. I obtained these documents showing Duff working for Horizon Home Health care and Angel Hearts Home Care.

"So not only did she if you will fall through the cracks with us she obviously fell through the cracks with these other two home health care agencies."

Smith says Ohio law for hiring Home Health care aids has a major flaw. If an applicant has been a resident of Ohio for more than five years, the only agency requirement for background checks is to run a state Bureau of Criminal Investigation check.

"Now if you had been a resident of the state for less than five years then there's also a requirement that in addition to the BCI report you also ask for an FBI criminal background check."

Duff, who's a native Ohioan, had a clean BCI report. Smith says he's in the process of changing the way his company hires.

"This is I can say the first time that I've actually encountered a situation like this. Is this something that we need to address, I think so, I would like to but hopefully it's not a widespread problem."

According to the Ohio Council for Home Care and Hospice, the lack of federal background checks aren't the only issues the home health care industry is facing.

"You go to your yellow pages, you get on the internet I would say there are literally hundreds of unlicensed agencies that are providing services to people in their homes."

Kathleen Anderson says those unlicensed agencies are not required to run a background check.

"It is frightening."

Anderson and Smith are working together on a bill that sets a minimum standard for all health care agencies in Ohio and to strengthen background checks.

"We believe that this is something that is needed. It's good, public policy to protect Ohioans in their home where they are the most vulnerable."

Minutes after I told Horizon Home Care and Angels Heart they'd hired Brittanie Duff, they issued statements about their hiring practices.

Horizon Home Care which told me, "To further assure that we have been diligent in our attempts to protect our clients from wrongdoing, effective February 1, 2010 all direct-care employees considered for hire will additionally complete fingerprinting to be submitted to the FBI."

Meantime, Angel Hearts told me they are aware of the inherent flaws in the BCII fingerprinting system have decided to voluntarily implement the necessary steps to require FBI fingerprint checks on all future applicants.

Finding a home health care aide should take some time. Don't rush the process. Here are a list of questions you can ask to make your decision easier.

1. How long has the service been serving the community?
2. Is the agency licensed?
3. Is the agency accredited?
4. What feedback have they gotten from other patients (references)?
5. How does the agency select and train it's employees/does it run a federal criminal background check?