BY JANE PRENDERGAST
The Cincinnati Enquirer
FORT THOMAS -- A nursing home will get a chance to defend itself against allegations that staff failed to supervise a man who severely burned himself and later died.
The state Cabinet for Health Services has issued a Type A citation against Highlands of Fort Thomas Health Care Center. The citation is the most serious the agency gives out and can carry a fine of $1,000 to $5,000.
State investigators found that the facility placed Billy D. Horn, 49, in imminent danger when workers allowed him to smoke outside by himself early July 18. Mr. Horn was a heavy smoker with a history of smoking late at night, the state report said, and was supposed to be supervised when he smoked.
Mr. Horn died Friday, 13 days after he was burned over 65 percent of his body. His family has hired a lawyer, Steve Franzen, to look into what happened.
Barry Bortz, owner of the nursing home, could not be reached for comment Wednesday. The hearing had not yet been scheduled. Mr. Horn, who was recovering from strokes and had been in the facility since January, was with a nurse when he started smoking that morning, the report said. She went inside, leaving him out by himself.
A worker called 911 a few minutes later after Mr. Horn rang a doorbell a second time. The first time he rang, the report said, the worker could not see anyone in the courtyard. The second time, she saw his clothing on fire.
Mr. Horn's care plan, dated in May, said the staff was supposed to provide him with a limited amount of cigarettes -- to decrease the potential of his keeping them in his room, the report said. But another smoking policy, dated in March, said all smoking materials were to be kept at the nurses' station and given out only by nursing personnel.
Fire investigators found two packs of cigarettes and a lighter next to where Mr. Horn was sitting when he was burned.
Highlands of Fort Thomas is part of the Carespring Health Care Management group of centers. Last year it won the facility of the year award for the Northern Kentucky district from the Kentucky Association of Health Care Facilities.
It was highlighted for being one of a few facilities to be accredited by the Joint Commission on Accreditation of Healthcare Organizations in all levels of care -- long-term, sub-acute and Alzheimer's.