It's not often you see a complaint in any area of the health care industry resolved within 24 hours.

But that's exactly happened when state Long-Term Care Ombudsman Sondra Everhart brought her concerns to the Texas-based owners of Rosemont Assisted Living Community of Santa Fe, she said.

Everhart grew concerned about the facility after gathering complaints in October that the state ombudsman system was being interfered with by the 88-bed facility's executive director, Charles "Joe" Massey, and the director of nursing, Everhart said.

"Mr. Massey told his staff, 'if you talk to the ombudsman, I will fire you,' " Everhart said. "That's illegal."

The facility apparently had a high number of patient falls, which is an indication the patients should not be in a long-term care facility, but rather a nursing home, Everhart said.

"It's sort of like the difference between a clinic and a hospital," she said. "Patient falls indicate patients need a higher level of care."

At first, she tried to talk to Massey about the problem, but Massey didn't want to hear about it, Everhart said.

"He didn't want us in the building," she said. "He didn't want an independent advocate, which is what we are."

And while she usually doesn't have to take a problem that far, Everhart decided her only solution was to take it to Rosemont's parent company, Barron Builders and Management Inc.

"We sent them a letter, and they responded very quickly and efficiently, within 24 hours," Everhart said.

The company immediately fired Massey and the head of nursing, then set up retraining classes for staff and assessed each patient to make sure they were in the right facility.

After that, the company hired a new director, Rupert Martinez, who Everhart said is well-known as a caring and effective manager.

"He will take care of residents the right way," Everhart said. "He's a delightful gentleman. Santa Fe needs Rosemont as a good facility, and we are confident now that residents are safe and comfortable."

Martinez, who used to run the Española Valley Nursing and Rehab Center, said he was thrilled to get the new position in Santa Fe. He started Dec. 4.

"I'm looking forward to a real positive relationship with the ombudsman, and I really want to make this a world-class facility," Martinez said. "I know there were some problems with the last executive director, but I don't know him at all."

Barren Builders' legal department, which has contact information for Massey, is closed until Monday, and no other information about him was available, Martinez said. Other efforts to contact him were not successful.

Barron Builders was also fined $8,500, which it paid without incident, Everhart said.

The money will go to the state general fund, she added.

Aging and Long-Term Services Department Cabinet Secretary Cindy Padilla also said she was pleased by the fast action, and the ombudsman program — which monitors all long-term care facilities in the state — was working as intended.

"We actively support the rights of nursing-home residents through our ombudsman program," Padilla said. "When those rights are challenged, we will take action to amend situations that impact our ability to serve vulnerable individuals."

The program has a zero-tolerance policy for any actions that interfere with care of those in the program, Everhart said.

"We're very excited," she said. "The philosophy of the program in terms of abuse is 'not in New Mexico' — elders here deserve care, comfort and respect."

To report a problem or get more information on the ombudsman program, call 476-4790.

Contact Sue Vorenberg at svorenberg@sfnewmexican.com.