OSAGE -- A nursing home will appeal a $10,000 penalty stemming from an incident involving a resident who wandered away in subzero temperatures.

The Iowa Department of Inspections and Appeals Heath Facilities Division levied the fine against the Osage Rehabilitation and Health Care Center.

Tianna Sullivan, a high school student, found Marguerite Miller, 88, outdoors at 2 a.m. Jan. 20. At the time, Miller was barefoot and wearing a hospital gown.

Sullivan called police after seeing Miller standing in the middle of Cedar Street, which is about a block from the nursing home at 830 S. Fifth St. in Osage.

Miller received treatment for frostbite and hypothermia, according to the Iowa Department of Inspections, and her body temperature was 90 degrees when she was found.

Diane Schaffner, the center's administrator, said Wednesday the employee responsible for the violation no longer works at the nursing home.

"The employee was terminated the next day," she said.

Schaffner said the employee did not turn an alarm system on after it had been switched off.

"This was an extremely sad incident. We have shed many tears over it," she said

But Schaffner added the center should not be held responsible.

"We do a good job, and our record shows it," she said.

The Iowa Department of Inspections' Web site shows some citations against Osage Rehabilitation following annual surveys, but the nursing home received no fines or violations since the department began posting information in 1999.

State officials cited the nursing home with a Class 1 violation Feb. 22. Such a violation is defined as a condition or practice at a facility that "are a result of multiple lesser violations … but which taken as a whole constitute an imminent danger or a substantial probability of … death or physical harm" to residents of a facility.

Schaffner said the nursing home will make its appeal May 13 in Des Moines.

Miller entered the nursing home in December with a diagnosis for dementia, osteoporosis and arthritis. A tendency to wander was also documented.

The center is owned by Health Care Management, which is based in Jackson, Miss. The company operates 20 nursing homes in six states. The Osage center is one of 10 Health Care Management has in Iowa.

Contact Deb Nicklay at

deb.nicklay@globegazette.com.