Residents at the Haven Health Center of Cape Elizabeth are no longer in “immediate jeopardy,” but the facility is still facing enforcement action from the state and the federal Center for Medicare and Medicaid Services, including an order to hire a new manager for the home.

The “immediate jeopardy” classification was removed as of June 15, after a second unannounced visit by the state survey agency determined the facility had made sufficient progress towards compliance.

A previous visit on June 9 did not find sufficient changes to remove the “immediate jeopardy” classification. And, according to Michael Norton, director of public information for the Maine Department of Health and Human Services, problems with substandard care still persist at Haven.

The state required the facility to hire a temporary manager from outside the company before June 22, a deadline the state may extend slightly.

Beyond that requirement, the home faces a new deadline of Sept. 22 to return to compliance with state guidelines. If substantial improvement is not met by then the facility will lose federal Medicare and Medicaid funding.

Norton said forcing a facility to hire a temporary manger is “pretty unusual,” but he said it was consistent with what the state was driving at, “which is that we don’t want these things to persist.”

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“I think this is a reasonable requirement when we have a series of deficiencies that could lead to termination of Medicare and Medicaid funding,” Norton said.

According to Norton, the annual survey for Haven Health Center, conducted by the state May 27 and made available this week, cites three cases of substandard care that are the most serious.

In one case the survey found the facility had failed to ensure a resident was free from mental and physical abuse. The incident involved a patient who was frightened enough after not being properly informed of a change in procedure to hold a syringe like a spear in self-defense.

The second case of substandard care was the incident that prompted the “immediate jeopardy” classification to be imposed on the facility May 27. That incident involved a resident’s fall and subsequent broken pelvic bone, which was not reported to the family or physician for two days.

The state surveyors also found that the activities director at the facility had none of the proper qualifications, was not licensed with the state and was not eligible for certification.

Haven Health Center had until June 18 to submit a corrective action plan and make sufficient changes to return to compliance. A $3,050-per-day civil monetary penalty was also imposed on Haven Health Care, the parent company, on May 27, which was stopped on June 15 with $74,200 accrued.

The Center for Medicare and Medicaid Services stopped payments for new admissions at the facility on June 3, and will not resume until substantial compliance is reached, Norton said.

A spokesperson for the facility’s parent company, Haven Health Care, was not available for comment before the Current went to press.