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Biddeford Provider Says DHHS Was Responsible For Death At Facility

The CEO of the company thatlost its contract with the stateafter the death of an adult resident in its care says the Department of Health and Human Services is responsible.

Residential and Community Support Services says it’s considering suing the state. DHHS says it stands by its decision, and several former clients of the company say they were abused by staff and their complaints were ignored.

Christine Tiernan is the CEO of Biddeford-based Residential and Community Support Services, or RCSS, which cares for people with intellectual disabilities in homes throughout southern Maine. She says that the client who died was Norman Fisher, who was diabetic and had been transported to one of her company’s residences from a hospital.

“We didn’t have his insulin or the doctor’s orders to give the insulin, or the doctor’s orders to test his blood sugar levels,” she says.

Tiernan says Fisher was under RCSS’s care for just 72 hours and refused to go the doctor. She says staff called the hospital and the state, “begging” for assistance.

“Finally, when we were like, ‘Can you please come here?’ they finally came, and instead of assisting Mr. Fisher, began to berate the team at that home for 45 minutes,” she says.

It was during that time. Tiernan says, that Fisher lost consciousness and staff called an ambulance, but it was too late. She says staff members have cellphone footage of the incident.

“I believe that DHHS is terminating its contract with us because we have digital evidence of their documented deficiencies in the care that they’re providing to people with intellectual disabilities,” she says.

Tiernan says she’s appealing DHHS’s decision to terminate its contract, and is also considering filing a lawsuit.

A spokesperson for DHHS, Jackie Farwell, says the department is confident in its decision. In a written statement, Farwell says the issues with RCSS extend beyond the resident’s death, and that the company “repeatedly failed to ensure the well being of residents and to correct deficiencies, despite being given opportunities to improve.”

Former clients of RCSS say they both witnessed and experienced abuse while under the company’s care. Samantha Severance, 32, says she lived in three different RCSS homes from 2016 till April of this year.

“Verbal, physical, mental, a lot of assault that’s happened between me and other people that were with the company. And I’ve been really concerned since I left because there are still people there that I care about,” she says.

Severance says she reported the abuse to Tiernan, to Adult Protective Services, local police, and DHHS.

“It’s gonna take somebody to seriously get hurt or get killed for the Department of Health and Human Services to do something. And look where we are,” she says she told one crisis worker, growing frustrated at the lack of response.

Severance says she left RCSS because of the abuse, as did her brother, 38-year-old Jeremy Gross. He says he lived at an RCSS home in Sanford from 2015 till last spring.

“I have some bathroom issues, and staff would literally come in my room and be disrespectful towards me, and call me a retard,” he says.

Josh Ferrelli-Nida says he lived at two different RCSS houses in Sanford for about a year and a half and also experienced verbal abuse.

“They call us hateful names and say hateful things to your family and everything,” he says.

Ferrelli-Nida says he’s in a different home now with a different company, and is happy there. He’s also happy that DHHS is taking decisive action against RCSS.

"They're finally believing us now," he says. "It's kinda shocking they finally believe us, all this time."

Tiernan disputes the allegations that she failed to take action to protect clients from abuse.

“I have been made aware of situations of abuse and I have evidence that those people were terminated as soon as I became aware,” she says.

As Tiernan considers her next steps, DHHS is continuing to find placement for about 60 residents who still remain with the company.

Originally published Oct. 23, 2019 at 5:35 p.m. ET.