Illinois Nursing Home Abuse Blog

The Centers for Medicare & Medicaid Services recently released a new set of requirements that focus on improving the quality of life for nursing home residents. According to the CMS Acting Administrator Charlene Frizzera, “The improvements in the guidance are intended to support efforts underway to transform nursing homes into environments that are more like their homes through both environmental changes and resident-centered caregiving.” The new guidance focuses heavily on creating a welcoming environment that centers upon the individual nursing home residents’ needs. It also gives residents choices in activities, grooming, eating and bedtimes. To read more about the new CMS requirements, follow the link.

The federal government now has an online tool consumers can use in evaluating the quality of nursing-home care. The Centers for Medicare and Medicaid Services will start running a pilot program to see if cash incentives to nursing homes can improve the care they provide, especially in areas like nurse staffing and preventable hospitalizations. Recently, the federal government started a star program that rates nursing homes and flagged 135 of the most troubled nursing homes. Many nursing home residents are forced to pay for their own care, because they earn too much for Medicaid, and are only given Medicare. They are then surprised by Medicare’s limited coverage for nursing-home, which is up to 100 days after a hospitalization of three days or more. To qualify for this, a patient must have a doctor’s order to go to a nursing home for the same illness or injury that she was treated for at the hospital. The new online website will list the nursing homes with summarized data from state and federal inspections and information the nursing homes reported to regulators. The website will contain information about nursing homes in Chicago, Illinois. To read more about the nursing home program, please click the link.

A 27-year-old nurse’s aide charged with abusing elderly couple has entered a plea of no contest. The man pled no contest but mentally ill to first-degree abuse of a vulnerable adult, which is a 15-year-old felony. A second count of the same charge had been dismissed as part of a pretrial settlement. The nurse’s aide had initially been charged with two felony counts stemming from a 2008 incident involving the elderly couple, both of them being 81 years old at the time. According the police, the man was at his usual shift and threw food all over the kitchen. When he came back the next morning to clean up the mess, he allegedly went into the living room and urinated on the head of the man’s wife. Unfortunately the woman is physically unable to care for herself. The man also allegedly poured liquid soap over the man’s head and threw soap around. After the man was charged it was determined that he was mentally incompetent to stand trial. It is unfortunate when mentally incompetent people are employees at nursing homes. To read more about the nursing home abuse, please click the link.

Authorities believe that an 87-year-old woman with dementia may have been sexually assaulted at her nursing home. The woman is currently being treated for pneumonia where she is in serious condition. Nurses found evidence during the examination that she may have been molested at the nursing home. The woman’s daughter believes that pictures show that her mother was sexually assaulted. The woman also asked that a rape kit test will be done on him. Although no previous incidents of sexual assault have been reported, eight complaints have been filed since 2006. Investigators have been unable to interview the elderly sexual assault victim because of her condition. To read more about the sexual abuse, please click the link.

A jury started hearing arguments in a wrongful death lawsuit in which the family of a 90-year-old woman claims the nursing home where she lived was negligent in her care and caused her death. They contend that she received inadequate care during her stay at the nursing home. The woman died from injuries she sustained in her falls. The woman’s attorney told jurors that workers at the nursing home falsified records, violated internal policies and were generally negligent in how they watched over the woman. The woman continued rehabilitation from a broken pelvis she suffered in a fall her home. The family is seeking unspecified compensatory and punitive damages from the nursing home and it’s management home. To read more about the nursing home abuse, please click here.

A bill was introduced into the U.S. House of Representatives that will help put an end to unfair mandatory arbitration agreements. The bill, introduced by Rep. Hank Johnson (D-GA), would put an end to pre-dispute arbitration agreements that nursing home residents and their family members are often forced to sign when completing nursing home contracts. When signed, the agreement waives their rights to have a jury decide the case. For nursing home residents and their families, this bill will protect their right to take their case to court in the event that they become the victim of injury or death as a result of nursing home abuse and neglect.

Victims of nursing home abuse and neglect fare better when given the opportunity to plead their case in front of a jury. A trial by jury provides a public record of wrongful conduct and alerts fellow residents and their families of the nursing home’s misconduct. It also ensures compensation for victims when a home does not follow through on the promises they make to care for their residents. Additionally, jury trials send a message to wrong-doers that misconduct will not be tolerated and will not go unpunished, helping to deter others from these practices.

Follow the link to read more about how this bill would protect nursing home residents.

Some believe that the five-star facility rating system may not be the best of the best. The system only compares the homes against the peers statewide, instead of against the 15,800 nationwide. The system also automatically assigns five stars, which is the highest possible, to the top 10 percent. Some critics call it grading on a curve. Experts say that the ranking system should only serve as a starting point in a consumer’s assessment of a nursing home. The Centers for Medicare and Medicaid Services also warned that the database should not be the only tool family’s use. Additionally there are no official penalties for a low rating. Family members should research nursing homes in order to insure that their loved ones are not the victims of nursing home abuse. To read more about the nursing home rating system, click here.

CMS (Centers for Medicare and Medicaid Services) has published new guidelines regarding pressure sores (decubitus ulcers). SNFs (Skilled Nursing Facilities), like nursing homes and long-term care facilities, are commonly cited for elder abuse and neglect. Often this nursing home abuse and neglect can result in the development of pressure ulcers on elderly patients. The new regulations specify that “a resident who enters [a] facility without pressure sores does not develop pressure sores unless the individual’s clinical condition demonstrates that they were unavoidable.” With attentive care, pressure ulcers are usually preventable. Therefore, all nursing homes under the Medicare/Medicaid program will receive amplified attention from State Surveyors with the goal of zero tolerance for bed sores. This will put an increased burden on nursing homes and facilities to treat and prevent decubitus ulcers, which are often concurrent with elder abuse and neglect. For the full article, click here.

A nursing home was fined after state authorities began investigating a case of elderly abuse. Additionally, state authorities will not allow any new patients to be admitted to the home after the elderly abuse case surfaced. The story surrounds a nursing assistant who committed elderly abuse against a blind patient. The employee has been charged by police with willful and physical abuse. A resident was hit with a clipboard and incontinence pad and the information was reported to the senior person on duty where there was a delay in investigating the matter. Additionally, the patient was also slapped and had her hair pulled. The patient has now been fired after the elderly abuse incident. Since the nursing home gets federal funding for Medicare, Medicaid and VA Patents the federal authorities are part of the elderly abuse investigation. The department of health has fined the nursing home $1,500 and ordered them to complete a plan of correction while not permitting any new patients. The nursing home also faces civil fines that are stacking up by $3,500 a day. To read the full story, click here.

Kurt Johnson, a 49-year-old certified nursing assistant of Golden Living Center in Wisconsin Dells, has been charged with three counts of second degree sexual assault. According to the criminal complaint, Johnson’s co-workers witnessed the sexual elder abuse. In particular, they saw him fondle female residents’ breasts on three separate occasions while working in the facility’s Dementia/Alzheimer’s unit in September and December 2007.
For the full story, click here.

Nursing home neglect has been endemic with understaffing and poor funding, but some states are developing their own solutions. One has begun a “pay-for-performance” plan for funding its nursing homes. Medicaid payments correlate with the residents’ quality of life. Payments go to homes that make changes ranging from reducing bed sores to giving residents peanut-butter sandwiches on demand. However, reforms like these, are often dependent upon the energy and dedication of key staff members and are difficult to replicate in more than 16,000 nursing home nationwides.

For the full article.

Cammy Nye, a certified nursing assistant, was sentenced to 30 days in jail, 700 hours of community service, and three years of probation after an Oregon jury found her guilty of contributing to the death of nursing home patient Linda Ober.

Suzanne Ruddell, the nursing supervisor, was also found guilty but her sentencing has been delayed after her lawyer requested a pre-sentencing investigation.

Ober, a patient at Gateway Care and Rehab Center in Portland, was dropped to the floor while being transferred from a wheelchair to her bed, breaking both of her legs. She was then allowed to suffer for 5 days, despite screaming in pain, before finally being taken to the hospital, where she died following complications from surgery.

The jury found Nye guilty of misdemeanor reckless endangerment for precariously placing Ober in a sling, causing her to drop to the floor during the transfer. Rudell was found guilty of two counts of felony criminal mistreatment for refusing to have Ober taken to the hospital. A third defendant, Verna Colleen Heide, pleaded guilty to one count of criminal mistreatment before the trial and testified against Ruddell and Nye. Heide was sentenced last month to three years of probation and 160 hours of community service.

A lawsuit has been filed against the nursing home by Ober’s daughter demanding $3.5 million for her wrongful death.

For the full story, click here.

An Oregon jury returned guilty verdicts Monday in a criminal case against two nursing home employees involved in the dropping and subsequent death of a nursing home resident. Linda Ober, a 60-year-old resident at Gateway nursing home in Portland, Oregon, was dropped to the floor while being transferred from a wheelchair to her bed, breaking both of her legs. She was then allowed to lie in her bed and suffer for five days, despite staff reports that she was screaming in pain, before being taken to the hospital. Suzanne Kay Ruddell, the director of nurses, ordered staff members to stop filling out an incident report and to not call Ober’s family after the injury. For five days, Ruddell refused to have Ober x-rayed. Finally, after learning of an abnormal bone protrusion under Ober’s skin, Ruddell ordered an x-ray and left for the beach. Ober died in the hospital the following day.

Ruddell was found guilty of two counts of felony criminal mistreatment. Cammy Elaine Nye, the certified nursing assistant in charge of the transfer, was found guilty of misdemeanor reckless endangerment for precariously placing Ober in a sling, causing her to drop to the floor during the transfer.

A third defendant, Verna Colleen Heide, pleaded guilty to one count of criminal mistreatment in August and testified against Ruddell and Nye at the trial. Heide was sentenced last month to three years probation and 160 hours of community service.

Ober’s daughter has filed a $3.5 million lawsuit against Gateway Care and Rehabilitation Center.

For the full story, click here.

The deaths of two patients at a nursing home has trigged a state attorney general’s investigation and the forced sale or shutting of the facility. It is not known when the deaths at the nursing home occurred or the details surrounding those specific patients. Investigators state that two people at the nursing home died after workers there neglected to administer oxygen to them. The nursing home is owned and operated by Metron Integrated Health Systems who had a previous death three years ago. The accusations in the investigation state that the nursing home was cited for: failure to provide oxygen, resulting in two deaths; not preventing patient-on-patient physical and sexual abuse; declining to investigate a patient who wandered away from the facility; and neglecting to furnish pain medication as prescribed by doctors. These serious allegations highlight the problems that occur in nursing homes across the country, including here in Chicago, Illinois. To read the full story, click here.

A state decided to suspend an adult care home’s license after inspectors concluded that conditions put residents in imminent danger. This decision sent 60 residents scrambling to find new homes, mostly assisted living homes. State legislators found that the home was not properly supervising residents in terms of their comings and goings. The action follows the disappearance of an insulin-dependant woman with schizophrenia. The home had been repeatedly accused of poor patient care and unsafe conditions. Past instances include: a resident dying after chocking on a sandwich; a resident dying after scalding in a tub; and a man with dementia wandering from the facility and dying. The home had also received numerous violations, including door alarms that weren’t operating, soiled and ripped mattresses and stained pillows without pillowcases. These abuse stories mirror those that are found in nursing homes throughout Chicago, Illinois. To read the full story, click here.

Nursing home patients feel helpless when it comes to dealing with the nursing home’s hierarchy. For example, a 97-year-old nun living in a nursing home found herself in great discomfort with a wheelchair and had to ask how much a new one would cost. The nun was going to use her birthday money she had saved up to buy a new wheelchair. Another patient had numerous bruises from falling because employees do not help her in and out of her wheelchair. Legislators have noticed a decline in the level of nursing home care, and a lack of information on how to voice concerns to administrators. The elderly patients are often too intimidated to ask questions. With the fastest growing portion of the population being people in their 90’s, nursing home care must improve. Additionally, there must be ways for patients to effectively voice their concerns without feeling intimidated. To read the full story, click here.

A class action lawsuit was filed in King County, Washington against a company that owns 15 nursing homes. The company, Extendicare Homes, Inc., is a subsidiary of Milwaukee-based Extendicare Health Services which owns nursing homes in Milwaukee. The suit claims that customers are lured in with false advertising and charged for services that are not provided. The main focus of the suit is nursing home fraud. The nursing home suit has been filed by The Garcia Law Firm of Long Beach, California and Stritmatter, Kessler, Whelan, Coluccio of Seattle, Washington. A representative from the Garcia Law firm stated that he believes it is corporate strategy and policy to maximize profits at the expense of the elderly. To read the full story, click here.

NCCNHR is seeking nominations for individuals who have made a significant difference in long term and nursing care for its 2008 Leadership Awards for outstanding service to nursing home and long term care residents. Nominations are due to NCCNHR by July 18. Awards will be presented at the NCCNHR annual meeting and conference in Indianapolis, IN on October 15 through 17.

For more information and nomination forms, visit NCCNHR: www.nccnhr.org

A woman claiming to have been jailed as retaliation for complaining about the care her mother was receiving at a nursing home has now sued both the home and the city. Maxine Veatch and her sister sued Bartels Retirement Community where their elderly mother has lived since 2004. She alleges false imprisonment and malicious prosecution against the city, but also nursing home neglect against the long term care facility. At issue in the nursing home negligence claim are medication errors and a lack of cleanliness. After raising their complaints with managers of the home, the sisters allege that the administrators of the nursing home put together a book with accusations against the sisters. The nursing has already been cited by the state for 11 violations since 2004 and last year those inspecting alleged a high rate of medication errors and staffing problems regarding nursing services. Veatch’s arrest stemmed from an incident at the home where her she states that her mother collapsed in her arms, causing Veatch to swing her into a nearby wheelchair. Staff at the nursing home reported that Veatch had shoved her mother into a wheelchair, and Veatch was issued a citation for assault and jailed for 23 hours, then barred from the nursing home for over a year, her sister barred for 8 months. While Veatch was acquitted of the assault charge, she was classified by the Department of Human Services in her state as an abuser, but she won an appeal where an administrative judge found that she had actually aided her mother.

Read more here.

A new nursing home movement has some advocates pushing for smaller and more communal nursing homes which are being called Green Nursing Homes. Currently nursing homes nationwide are stricken with reports of nursing home abuse and nursing home neglect but advocates for a change hope these problems can be alleviated with the creation of nursing home care in a smaller and closer knit facility. To read more on the potential nursing home reform that can come from this click here.

Many nursing homes require residents or their families to sign arbitration clauses, whereby they sign away their right to bring suit in court for any abuse or neglect by the nursing home. A Senate committee is currently investigating the issue and heard from the family of William Kurth on Wednesday. Kurth fractured his hip and leg and received numerous pressure ulcers while living out his final months in a nursing home. His family attempted to sue for negligence, but the case was dismissed on account of his wife having signed an arbitration clause when her husband was admitted. Arbitration clauses benefit nursing homes because of their speed, cost, and, most notably, their confidentiality. The problem, however, is that most families are not thinking about suing a home when they admit their family member or loved one into the nursing home. Kurth’s wife, for example, was distressed about her husband’s recent stroke and overall condition and was, herself, taking medication when she agreed to arbitration. The Kurth family attorney called that day one of the most stressful in her life, and states that she would not have signed those papers if she knew what she was giving up: the right to a trial by jury. Kurth’s children allege that their father got infections because excrement and urine were left on his bed sores without being cleaned for multiple days in a row. While there is mounting support for banning arbitration clauses for nursing homes, the issue is still hotly contested and far from decided.

Read more here.

A missing nursing home resident has left the facility he was residing in. A search continues for the 56 year old missing nursing home resident. Problems with resident wandering and resident elopement are often related to a nursing home failure to supervise its residents. So far no nursing home lawsuit has been filed against the facility. To read the full story and see a picture of the missing resident click here.

Police are investigating a nursing home rape case. Nursing home abuse and Nursing home neglect are serious problems nationwide but nursing home crimes raising to the level of seriousness of a rape are rare. A nursing home failure to supervise its residents may be a cause of this alleged incident. To see the full story click here.

Many, if not most, nursing homes currently require potential residences to sign arbitration clauses as a prerequisite to moving into the home. This essentially means that residences are prevented from bringing a conventional nursing home abuse and neglect lawsuit, and instead must submit any complaints to a private arbitrator, who is both chosen and paid for by the nursing home itself in non-public proceedings where awards end up being much smaller than equivalent jury verdicts. Furthermore, the clauses, hidden within the mounds of paperwork required by potential residents can easily be missed by the elderly applicants, especially those ailing from Dementia or other diseases. A new bill seeks to ban mandatory nursing home arbitration clauses because of the potential unethical effects when applied to seniors. The bill would benefit anyone potentially bringing suits for nursing home abuse and neglect.

Read more here.

An owner and operator of four personal care homes that provided “appalling” care reached a $700,000 settlement agreement whereby she agreed never to operate any such facility. Following the closing of the last of her four personal care facilities, the owner reached a settlement that is merely a drop in the bucket for the multimillionaire, especially considering the severity of the allegations.

The owner and her managers were accused of horrible treatment while siphoning federal assistance funds designed for residents for their own personal use, including social security, disability, and veterans benefits. U.S. attorneys alleged that the owner’s facilities were unsanitary, structurally unsafe, provided insufficient food, nutrition, clothing and bedding. Where residents were ill and needed medical assistance, the facility’s staff failed to respond or even call for medical assistance. Furthermore, the facilities were chronically understaffed, including one home that was cited twice in three months for not having enough staff to provide at least one hour of personal care per day to its mobile residents.

The settlement in this case appears to be well short of many expectations given the atrocious care and the apparent ill-gotten wealth of the owner. She has a portfolio of multimillion-dollar homes in several states, an aircraft, and is currently renovating a gated estate, allegedly using funds that were obtained by virtue of providing substandard care. Unfortunately, this demonstrates the lack of oversight in many states where, for example, 75% of personal care facilities are operating without a license.

For more information, click here and here:

The American Geriatrics Society has promulgated a new position statement regarding nursing home care. The American Geriatrics Society believes that Assisted Living Facilities may benefit seniors over the care offered at long term nursing homes. Nursing home abuse, nursing home neglect, nursing home failure to supervise and other concerns have prompted a need to look at alternative care facilities. To read the full report of the American Geriatrics Society recommendations click here.

Those Seeking Trust & Solace in Nursing Homes Often Disappointed
Nursing home complaints are sweeping the nation as Nursing Homes fail to provide adequate care and prompt responses to patient’s medical needs. The struggles faced in such homes and nursing home blunders associated with patient care have been chronicled extensively. Many nursing home failures lead to personal injuries, medication errors and even death. To read stories and see photos on those who have experienced nursing home deaths and paraplegic nursing home care errors click here.

A new survey has revealed that nurses working at nursing homes feel that there are fewer staff members than needed. Nearly three-quarters of nurses surveyed declared that at the nursing homes and hospitals they worked for, the staff numbers were inadequate. A lack of staff members can lead to neglect, and even abuse, as recognized by those surveyed, half of whom reported feeling that quality of care is on the decline. The problem of inadequate numbers compounds itself as more nurses leave their positions because of concerns about sub-par care resulting from the low numbers of staff. Most shockingly, little more than half of the nurses felt comfortable about the idea of one of their loved ones being treated at their respective facilities. This announcement by nurses shows that there is a rising danger of hospital injuries and nursing home injuries, especially medication errors, wrongful death, and other nursing errors as existing staff members are unable to keep up with high demands which can lead to medical mistakes.

Read more here.

Ventas, once one of the poorest performing corporations in the health care business, has now turned its company around to be one of the most profitable. Ventas will move its corporate headquarters to Chicago, bringing a $10 billion portfolio of nursing home, assisted living, and health care facilities. In Illinois, Ventas already has significant real estate holdings after its acquisition of Sunrise Senior Living. Sunrise Senior Living has faced complaints to the Illinois Department of Health for nursing home abuse and neglect and has been the subject of individual nursing home abuse and neglect lawsuits.

Read more here.

The Centers for Medicare and Medicaid Services (CMS) has released its action plan for nursing home improvement. CMS is responsible for establishing standards for national nursing home care by developing the standards, inspecting homes, and collaborating with other organizations to help ensure standards are met. The CMS action plan lays out the 2008 goals and milestones for improving nursing home standards including plans on improving treatment and management of bedsores and pressure ulcers, ways to improve feeding by using dedicated feeding aides, and other means of improving nursing home care.

Read the full action plan here.

The Centers for Medicare and Medicaid Services (CMS) has threatened to cut its payments for nursing homes by 0.3%. Though the percentage seems small, the economic consequences in the nursing home industry will be much larger. This cut could usher in a total of $4.2 billion and has nursing home industry financiers attempting to figure out what these cuts could look like to nursing home profits for the next few years. Unfortunately, profit often seems the only priority for operators of large nursing home chains. All too often, profits are placed above patient and resident care and can lead to cases of nursing home abuse and neglect, and even nursing home resident deaths.

Read more here.

State health authorities have fined a California nursing home $100,000 in the death of a 91 year old resident who choked on food. The “AA citation” is the most severe penalty for nursing home abuse under state codes. The state assessed the fine for failing to find out what was wrong with the patient while he was choking, not providing emergency care, and failing to use procedures such as the Heimlich maneuver to try to save the resident.

For the full article.

A recent Kaiser Report examined the rush of media following the Bush administration proposed changes for Medicaid could affect states. Florida journalists argue that the funding reductions will hit nursing homes in particular because Medicare does not pay for extended nursing home care. Oklahoma experts state that the Medicaid changes would eliminate tens of millions of dollars in appropriations for each state. One chance narrows a field of state workers paid by Medicaid who assist developmentally disabled residents.

These laws must be carefully scrutinized for their effects on the nursing home community. If nursing homes are not properly funded, there are not enough nurses to care for the residents. Then - nursing home abuse and neglect inevitably results.

For the full article.

Atria Senior Living is a chain of nursing homes with 130 facilities across the country. The nursing home chain is owned by Lazard Ltd, a corporation that has just given its CEO Bruce Wasserstein a new contract where he will be paid over $41 million for 2007 and over $100 million overall. The staff at Atria Senior Living homes nationwide is underpaid and overworked, just like many assisted living facilities across the country. Employees have reported that the average salary is about $8-10 an hour and that the company-provided healthcare plans are too costly to afford. Nursing home abuse and neglect is a widespread problem in the US and many of these issues are due to understaffing, inadequately trained staff or overworked employees. Nursing homes owned by private equity firms, like Atria Senior Living homes, have even worse statistics. These firms often claim that it is financially too difficult to afford more staff, proper training, or better hours but the case of Mr. Wasserstein is a perfect example of these firms valuing their profits over the wellbeing of residents and employees. The family members of Atria residents are also left perplexed as their loved ones are being neglected and hoping for better care while money that could be used to improve standards of care is going to make millionaires even richer.

Nursing home abuse and neglect has been consistently on the rise, and the rapidly aging population in the United States only makes this serious problem more worrisome. A recent study has found that from 2000-2006, there was a 22% rise in the serious reprimands nursing homes received for dangerous conditions such as medication errors, physical and sexual abuse, financial exploitation, and allowing patients to sustain injuries by falling or developing pressure sores; these are only a few examples.

The chance of this problem ceasing any time soon has been greatly decreased by the recent trend of private investment firms acquiring nursing home chains. The nursing home industry has been a sought after one as demands for long term care increase along with the aging population. Homes owned by private investment firms have proven to have conditions worse than other nursing homes. In 12 out of the 14 areas used by regulators to track ailments prevalent in nursing homes, homes owned by private investment firms scored worse than the national rates. According to the Center for Medicare and Medicaid Services (CMS), the residents at nursing homes and facilities owned by private equity are shown to suffer more from depression, loss of mobility, and inability to bathe and dress themselves. These homes also have more citations for things like inappropriately restraining residents and serving unsuitable or moldy food.

Knowing which nursing homes are bad can be valuable information for a family seeking long-term care for an elderly loved one but concerned about issues like nursing home abuse and neglect. Recently, the Centers for Medicare and Medicaid Services announced the names of 54 nursing homes that had ranked as one of the worst in their state. Proper administration of medication to patients, appropriate assistance with activities of daily life and concern for the prevention of malnutrition and dehydration are examples of what inspectors look for in nursing homes. Inspectors also look for signs of nursing home abuse and neglect such as failure to maintain resident safety and prevent accidents, such as falls, infections, bed sores and other problems elderly people are susceptible to.

The list published by CMS containing the names of 54 nursing homes is actually a sample of 128 "special focus facilities", or homes that were identified as in need of more oversight. CMS says that the rest of the facilities were not identified because during the six months after being titled a "focus facility" they showed improvement. Democratic legislators, however, are demanding that all of the names be released in order to protect nursing home residents. Most nursing homes have around 6-7 deficiencies identified during inspection, but the ones on the list had twice as many or more. Unfortunately, no national standard has been set for the investigations so each state has its own parameters. An Illinois nursing home can be considered in terrible condition, but would not qualify in another state. A bill was recently introduced in the legislature to make it mandatory for CMS to publish all of the names, but the issue of discrepancies between states' standards is an issue that should be addressed by congress.

Click here for the full article

A new study by Americas Watchdog's Corporate Whistleblower Center shows that "things have never been worse" in the realm of Medicare & Medicaid fraud. All aspects of health care are included (click here to read more) but nursing homes make up a large portion of fraudulent behavior, magnifying the problem of nursing home neglect. Long term care facilities, nursing homes, and rehab centers have proven to be a huge drain on the American taxpayers based on fraudulent conduct. In the nursing home field, there is a mandatory minimum amount of hours that must be spent caring for each patient, each day. However, less than 50% of patients are getting the required amount of care. In addition to fraud, nursing home neglect is a serious problem and American tax dollars are paying for it! The Whistleblower center states that, "senior citizens are dying in US nursing homes, because they are in many cases not getting anything close to mandatory time/hours per day in care." Unnecessary testing of patients has also proven to be a problem of fraudulent behavior. An estimated 35% of all testing performed in nursing homes, mainly in areas like speech or cognitive testing for instance, is necessary.

Click here for the full article

A new law passed recently makes nursing home and hospital patients with a risk of falling safer. The law acknowledges problems with the handling and care of patients. Many lawsuits each year are brought on behalf of patients who are injured because the higher level of care they required when being transported or lifted was not met. Patients that are at risk are those at facilities that, either because of neglectful practices, staffing issues or lack of appropriate equipment, are unable to provide the care needed. The new law requires health care facilities to purchase equipment designed to aid in the lifting and handling of patients, such as mechanical lifts, as well as solving many issues relating to nursing home and hospital staff. The New Jersey law makes it mandatory for health care workers to be properly trained and also require that there are enough staff members on hand to be able to meet the needs of patients requiring lifting or transportation. Also important is the protection workers are given from being penalized by employers for refusing to handle a patient because of a concern for the patient's or their own safety and wellbeing. Many times, patients require multiple staff members in a patient handling procedure and when there are not enough workers available to help, the resulting safety risks are unacceptable. Hopefully other states, including Illinois, will follow suit.

Twenty years ago, Congress passed the Omnibus Budget Reconciliation Act (OBRA) and it is now time to review its successes and failures in order to improve the quality of nursing home care. OBRA regulates inadequate nursing homes by either shutting them down or allowing well-performing nursing home care providers to take over substandard facilities. However, the system in place requires that those who take over failing homes must be responsible for the liabilities that the previous management had incurred, including fines, penalties and deadlines to correct certain problems, including issues regarding nursing home abuse and neglect. Because the new management must take on these liabilities there are less resources to dedicate to improvement of the quality of care. The American Association of Homes and Services for the Aging (AAHSA) has strongly urged congress to pass legislation regarding "the counterproductive nurse aide training lock-out, the need for joint training of nursing home and surveyor staff, allowing states to demonstrate alternative quality assurance systems, facilitating new ownership for chronic problem homes, and using civil money funds to improve nursing home quality."

Click here for the full article

Three employees of a Pennsylvania nursing home have been arrested and sentenced to probation and fines after an investigation of nursing home abuse and neglect. The former nursing director, the facility's former administrator and the manager of the nursing unit were arrested after 50 maggots were discovered in a resident's head wound. The maggots were discovered when the 72-year-old resident was taken to a local hospital. Allegedly, the nursing director falsified nursing home records by adding entries stating that fresh dressings had been applied to the patient's wound regularly. In addition to the arrests, the nursing home was closed after state regulators cited it for mistreatment of residents and unsanitary conditions among other violations.

Despite Carlyle Group's completion of the Manor Care buyout, the union that represents nursing home employees in Florida is suing, hoping to block the takeover. Manor Care, a chain of nursing homes, was recently bought by a private equity firm, Carlyle Group, for $6.3 billion. The transfer was completed the day after rulings that held up the buyout were dissolved in West Virginia and Michigan. The union, SEIU Healthcare Florida, has been fighting the takeover. There are 29 Manor Care facilities in Florida housing 3700 residents.

The lawsuit was brought about on the grounds that the Carlyle Groups license application was incomplete. Another plaintiff listed in the lawsuit is the son of a Manor Care resident. He recently stated, "I want to make sure Carlyle's takeover won't harm my mother's care." All of the parties are reviewing the lawsuit in this controversial acquisition.

A national private investment firm’s purchase of a nursing home chain is being unnecessarily delayed in West Virginia by a union that’s putting politics before patients, company executives involved in the proposed sale said Thursday.

The Carlyle Group, a corporate buyout firm, plans to acquire HCR Manor Care, the nation’s largest nursing home chain, as part of a $6.3 billion deal.

Carlyle and Manor Care executives said the Service Employees International Union’s “coordinated campaign” to delay the sale is part of a national organizing effort to boost membership and unionize more nursing homes. Manor Care operates seven Heartland nursing homes in West Virginia.

For the full article, Click Here

Senators escalate battle over 'worst' nursing homes list
Nine top U.S. senators have demanded the release of 74 additional names on a government list identifying the country's worst performing nursing homes.

"Providing information about poorly performing nursing homes to the lobbyists who represent those facilities, and not to the senior citizens who would most benefit from this information, is outrageous," said a letter from the lawmakers to Health and Human Service Secretary Michael Leavitt, who oversees the agency holding the list.

All of the homes on the list of 128 have repeatedly violated government regulations, earning them "special focus facilities" designation by the Centers for Medicare & Medicaid Services. The publicly released version of the list last week contained the names of only the 54 worst nursing homes. The full list, which was given to state health departments and industry lobbyists at the American Health Care Association, has 128 names.

"Our goal in releasing the list of facilities to the nursing home trade groups was to challenge them to police themselves, not as lobbyists, but in their role as technical advisers to their members. We view these groups as part of the chain of accountability for poor-performing nursing homes," said CMS spokeswoman Mary Kahn.

The senators' letter also asked for federal guidance to state health departments about releasing names on the list. Some states have made in-state names public while others have said they were not allowed to.

The fight for public access to the names of the nation's worst nursing homes escalated Thursday with nine U.S. senators demanding that a federal agency immediately take steps to identify the facilities.

The U.S. Centers for Medicare and Medicaid Services has compiled a list of nursing homes that have repeatedly fallen in and out of compliance with government health and safety regulations and caused harm to their residents. Those homes are not subject to more frequent inspections.

Two weeks ago, the agency issued what it called a "public list" of the homes, which identified 54 so-called "special-focus facilities." But, as The Des Moines Register reported, the full list is believed to include the names of 128 homes and was recently given to industry lobbyists at the American Health Care Association.

Last week, Democratic presidential candidates Sen. Hillary Clinton and Sen. Barack Obama called on the federal agency to make public the full list of facilities. On Wednesday, Obama and eight other senators signed a letter reiterating that demand and sent it to Michael Leavitt, secretary of the U.S. Department of Health and Human Services.

For the full article, Click Here

The Idaho Department of Health and Welfare has revoked the license of the Gooding Rehabilitation and Living Center, nearly one month after a resident committed suicide on Nov. 11 and one week after the center was placed on a national list of underperforming nursing homes.

In a letter to the center dated Wednesday, Randy May, deputy administrator of the department's Division of Medicaid, said department staff determined that steps proposed by the nursing home on Nov. 16 removed the immediate danger to its residents. But problems still remained, the letter said, and citing a "history of serious deficiencies," the department decided there was no other alternative to pulling the center's state license.

The center's administrator now has 28 days to file an appeal with the state requesting an administrative review of the report, Health and Welfare spokeswoman Emily Simnitt said. If no appeal is filed by that date, the 80-bed center will be forced to close, requiring its residents to move.

For the full article, Click Here

In a decision that marks a new era in nursing-home ownership in Wisconsin, a license was approved Thursday to a private equity company to run eight Manorcare facilities statewide.

A spokeswoman for the state Department of Health and Family Services said the one-year probationary license will take effect after Manor Care notifies the department that its ownership transfer deal has closed with Carlyle Group, one of the nation's largest private equity companies.

Rick Rump, assistant vice president of corporate communications for Manor Care headquarters in Toledo, Ohio, said he expects the transaction to be closed by the end of the year. The transaction includes similar pending buyouts in other states.

Five of the eight Manor Care facilities are located in Northeastern Wisconsin, with two in Green Bay.

The decision comes three days after two of the state's biggest lobbying groups testified during a public hearing at the State Capitol against the $6 billion buyout.

Their main concerns were whether the corporate structure would be so complex that patients would have difficulty bringing lawsuits against the company for negligent injury or wrongful death, and whether ownership changes would result in declining quality of care.

For the full artcle, Click Here

A recent congressional report states that one third of all nursing homes in the United States have been cited for abuse.
This report also indicates that from 1996 to 2000 the number of nursing homes cited had doubled.

To view this entire article:
http://www.onlinelawyersource.com/news/nursing-homes-cited.html

New York state investigators have been using hidden video cameras to investigate allegations of neglect and abuse at nursing homes in the state, and the cameras are revealing significant instances of such criminal behavior on the part of staff and caregivers.

To view this entire article:
http://www.onlinelawyersource.com/news/ny-nursing-homes.html

California has begun to realize the importance of a more strict review of special care homes. The substance of a unanimous decision of board members in Santa Barbara County has indicated that all special care homes disbursed throughout residential areas will receive greater review to be sure they are meeting required guidelines. The homes classified as “special care homes: range from drug-rehabilitation houses all the way to homes caring for Alzheimer’s patients. It is certainly great to see individuals recognizing the need to further review of homes caring for residents requiring great supervision.

Click here for the article:

On the front cover of a December issue of the Wall Street Journal read, “POWERFUL ANTIPSYCHOTICS USED TO SUBDUE ELDERLY.” This jest of the article raises the concerns associated with the overuse of drugs for elderly patients to quiet their symptoms and make them less bothersome and more manageable. The Centers for Medicate and Medicaid Services has reported that the abuse is possibly so bad that 21% of nursing home patients who do not have psychosis diagnoses are receiving antipsychotic drugs.

The real question then becomes WHY? The simple answer is that many of these homes and understaffed and overpopulated and a quiet resident is much easier to care for that a demanding one. But residents are crying out for a reason; they are in pain or need something. The answer is not to drug them.

Click here for the article:

In a recent study, the New York Times examined data to compare nursing homes purchased by private investment groups against the national average. The nursing home industry has suffered in the past, but revenues have begun to climb as large investors are taking over. Prominent private equity firms, such as the Carlyle Group and Warburg Pincus, have been invading the industry by acquiring nursing homes and reducing costs to increase profits. The study has revealed that, based on different regulatory benchmarks, patients at nursing homes acquired by these firms are worse off than they were under their previous owners.

The private investors increase profits by cutting costs, leading to reductions in staff. 60% of the new investor-owned facilities have cut the number of clinical registered nurses from 2000 to 2006. Understaffing is one of the largest contributors to the epidemic of nursing home abuse and neglect. Other indicators of quality-of-care have shown decline since the firms have been cutting costs. Some examples of these deficiencies include moldy food, placing residents under restraints for long periods of time, or administration of incorrect medications; these, among others, have risen at every large nursing home chain after it was acquired by one of these large firms. Other common problems that have arisen in homes since acquisition include depression and loss of mobility in patients, and their loss of ability to dress and bathe themselves. Consequently, the typical investment-owned chain has become 41% more profitable than the average facility.

Click here for the full article

Continue reading "Patients suffer as private investors take over nursing home industry" »

Among the many forms of nursing home abuse and neglect, there is one common offense that is being habitually overlooked. Unfortunately, it has become a regular practice in nursing homes or long-term care facilities to sedate patients with medication instead of using them for their intended purposes. Staff often gives patients medication to make their job easier. If they are understaffed, which is by no means uncommon, or if patients are displaying a degree of behavioral issues, medication can be used to lighten the workload. Unnecessary use of psychoactive drugs can cause serious side effects. Psychiatrists may not even be prescribing many of these medications. Instead, regular doctors can write prescriptions "as needed" and leave the distribution up to the nursing home staff. Nursing homes have been fighting medical malpractice lawsuits due to the abuse of the drugs, but the percentages of patients being administered antidepressants and antipsychotics is astounding. Centers for Medicare and Medicaid Services (CMS) calculated that 27% of patients in nursing home nationwide are being administered antipsychotics, and a shocking 52% are being administered antidepressants. In Illinois, 33.2% of patients are given antipsychotics, over 5% above the national average. 47% are given antidepressants. These figures are well above what should be a proportional amount of patients receiving medication. If you have a loved one in a nursing home, it is vital to carefully monitor the medication they may be receiving.

At the recent annual conference sponsored by the National Investment Center for the Seniors Housing & Care Industry, speakers included Newt Gingrich (co-chair of the National Commission for Quality Long-Term Care) and Alan Greenspan (former Chairman of the Federal Reserve). Gingrich explained that in the future, successful long-term care facilities in the future will have to use more technology and implement four key pillars: physical, mental, social, and spiritual programs. He also endorsed the idea that Medicaid should begin to implement new rules to encourage families to participate in the care of loved ones. Greenspan, the keynote speaker, warned that the future holds Medicare cuts and an insufficient long-term care labor force despite an enormously growing elderly population.

The Service Employees Union International (SEIU) will be holding rallies at Chicago-area ManorCare locations on Thursday to draw attention to the company's purchase by private equity company Carlyle Group in August. Further details of the rally will be disclosed tomorrow. Please check back tomorrow for an update.

Click here for more information on Carlyle Group's purchase of ManorCare and it's implications for care at Illinois Nursing Homes.

Susan L. Novosad of Chicago-based law firm Levin & Perconti has recently filed a lawsuit against Manor Care of Oak Lawn on behalf of the family of an abused and neglected resident. The resident, a 75-year-old woman, entered the nursing home for rehabilitation after a hip fracture. She also suffered from Alzheimer's disease. The woman was a patient at Manor Care for only four weeks. During those few weeks, the patient developed severe pressure sores; one of the sores developed into a Stage IV pressure ulcer. The woman was eventually taken to the hospital for wrist pain, but during that visit she was diagnosed with pneumonia, dehydration, severe malnutrition and sepsis (an infection in her blood), in addition to the bed sores. The malnutrition and dehydration caused the patient to lose 13 pounds during those four weeks. As a result of these injuries, the woman ultimately died.

Family members had complained to the facility, but a nurse replied that she was too busy to take constant care of the patient. The nursing home is also accused of negligently allowing the patient to lie in her own waste for prolonged periods of time and failing to follow the orders of the patient's doctor, allowing for mistakes in the administration of medication and treatment. Novosad discovered that the woman's chart revealed that sixteen days had passed without any notes by a nurse. In regards to Manor Care's promise to sufficiently care for patients and meet their needs Novosad stated, "families really trust them. It's heartbreaking."

Click here for the full article

In response to the recent New York Times article blasting the quality of care given at nursing homes owned by private equity companies, senators Hillary Clinton of New York and Republican Charles Grassley of Iowa have asked the Government Accountability Office (GAO) to investigate nursing homes owned by private equity companies.

Specifically, the senators are requesting an investigation into whether nursing homes owned by private equity companies are providing bad care. Some of the largest chains in the nation have been purchased by private equity companies recently including Manor Care Inc, the largest U.S. nursing home owner, and Beverly Enterprises.

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Due to an installation error, the air conditioning unit at a West Virginia nursing home allegedly allowed seven of the facility's employees to become infected with tuberculosis.The nursing home employees are suing the facility for liability by claiming that working at the home allowed them to be exposed to the highly contagious and potentially deadly disease. The disease traveled from the quarantined tuberculosis wing through the air conditioning system.

Click here for the full article

Re: “At Many Homes, More Profit and Less Nursing” (article, Sept. 23, 2007)

To the Editor:

The abysmal conditions at corporate nursing homes are a case study in what happens when profits are put ahead of human beings.

In a world where Americans' civil rights are increasingly being sacrificed at the altar of big business, Congress must act to protect the vulnerable from abuse. In the case of nursing home residents, Congress could take any number of positive steps. It could, for instance, mandate that potential residents be notified if the facility is in the hands of corporate investors who have shielded themselves from liability. Or, nursing homes could be required to buy insurance that covers lawsuits arising from abuse or neglect.

Specifics aside, Congress must act to protect the most vulnerable members of society. There is simply no excuse — including the “Almighty Dollar” — for the status quo.

Steven M. Levin
Levin & Perconti (Chicago, IL)

A recent New York Times investigation into private equity’s practice in the nursing home business have shown America the truth behind elder care: a growing neglect. Private investors have found a way to make a profit on nursing homes by cutting costs and limiting their own liability for nursing home abuse and neglect. Although private investors can provide a needed financial boost to the nursing home industry, government regulations are necessary to protect the vulnerable residents from nursing home abuse and neglect.

For the full article.

A statement was issued by the President of the Alliance for Quality Nursing Home Care (AQNHC) in response to the New York Times Article released on Sunday in which the AQNHC surprisingly refuses to condemn the practice of providing less than quality care while simultaneously using corporate shells to operate long-term care facilities and avoid accountability. The AQNHC, a group committed to improving the quality of long-term care nationwide, takes the unsupported position that care in America’s nursing homes is improving overall, noting that the New York Times focused their analysis on only 10% of our nation’s nursing homes.

The AQNHC does not deny that care is being sacrificed at these private equity owned homes, nor do they condemn this practice. Further, AQNHC is non-responsive to the issue of accountability where the owners of long-term care facilities - those who reap the profits - are not held accountable for bad care.

Is the AQNHC applauding this practice or not responding at all? One would expect an organization that is engaged in improving care in our nation’s nursing homes to condemn a practice by profit seekers who cut resident services and staff, decreasing the overall quality of care provided to residents.

Instead, the AQNHC lauds the profession’s “demonstrated commitment to public data disclosure,” and transparency, asserting that nursing homes make data available for potential residents to assess the quality of the facility. However, AQNHC forgets that long-term care facilities’ receipt of Medicare funds is conditioned upon reporting this data, making such reporting essentially government mandated.

In essence, the AQNHC applauds long-term care facilities who participate in a government mandated regulatory scheme with no regard for the bad care residents suffer when profits are put ahead of people.

Click here for the statement.

Profits come before protecting our nation’s most vulnerable citizens. Nursing homes housing our nation’s elderly that are owned by private investment groups often put profits over people in operating their facilities, the New York Times reported on Sunday.

The Times piece revealed that since the year 2000, 1200 nursing homes have been purchased by large investment groups. While investors of these private groups have been making millions from operating these nursing homes, resident care has declined. The model these groups have been following – reduce costs, increase profits and quickly sell. The consequences of implementing this model are decreased levels of staff and decreased budgets for supplies, activities and other resident services. Decreases in care and services provided to residents leads to nursing home abuse and neglect, a prevalant problem in our nation's long-term care facilities.

Click here for the full article

A new report from the UK, the Human Rights of Older People in Healthcare, has recently put forth new information regarding abuse of the elderly, specifically in nursing homes and other types of care facilities and hospitals. Politicians on the Joint Select Committee on Human Rights have announced that legal and cultural changes must be made in the UK in order to prevent further abuse. The study found that a startling amount of older people in care homes and hospitals experienced abuse, sexual abuse and assault, physical and verbal abuse, dehydration, malnutrition and neglect. Over a fifth (21%) of long term care facilities were found to be failing to meet minimum standards of privacy and dignity. It was strongly suggested that healthcare staff receive regular and targeted training in human rights and its application in long term care and assistance. Unfortunately, even proper general job training in these facilities regarding simple policies and procedures is scarce. Also suggested is an integration of inspection, regulation and complaints processes for elderly health and social care along with an overall national strategy to improve services for dementia patients and the elderly population. The importance of this study is difficult to exaggerate. The Department of Health now has a platform to work off of and will be strongly encouraged to act based on the claims of the report.

Click here to read the report

The Children's Health and Medicare Protection Act (CHAMP) has passed in the House this summer to renew the State Children's Health Insurance Program (SCHIP). CHAMP provides new protections for Medicare beneficiaries and provides health insurance to 5 million uninsured children. Annual payment increases to Medicare skilled nursing facilities will be frozen for one year to help pay for expanded coverage. The freeze would have negative effects for 1.7 million nursing home residents and staff. The government has annually increased Medicare payments to nursing homes but continues to fail to improve quality standards. Some problems with this policy include undercompensation of nursing home staff (to the extent that many of them get health care coverage through Medicaid and SCHIP) and the fact that RN staffing is rapidly decreasing. As stated by the National Citizens' Coalition for Nursing Home Reform (NCCNHR):

Medicare reform would do more to ensure quality for residents than continuing to give facilities automatic annual increases. We are asking Congress to require nursing homes to report accurate staffing data, including the number of staff and what they spend on nursing; to establish a separate funding stream in Medicare for nursing costs that can't be transferred to profits; and to set minimum staffing standards for all facilities.

Please write or call your local Representative and ask him or her to support CHAMP
Email jwells@nccnhr.org with any questions

A wrongful death lawsuit was filed today by John J. Perconti and Patricia M. Gifford of Levin & Perconti, a Chicago-based law firm, on behalf of the family of an 81-year old resident who died as a result of a head trauma sustained at Alden Des Plains Rehabilitation & Nursing Center.

The woman was admitted to Alden Des Plaines on November 25, 2005 after being hospitalized for a fall that caused a fracture to her left rib. Despite her high risk for falls, a condition that caused her to be admitted to the facility in the first place, Alden staff improperly completed an assessment for her risk of falling.

The woman fell in her room at Alden on January 9, 2006, which resulted in a head injury. She suffered an acute left temporal intracranial hemorrhage and subdural hematoma, all of which ultimately caused or contributed to her death on January 14, 2006.

Attorney John Perconti, stated: “Alden’s staff did not properly assess the resident for her high risk of falling despite her significant risk factors. The resident should have been considered a high risk for falls based on her history and because she was on psychotropic medications which can cause unsteadiness.” Perconti added, “In cases in which a resident is at risk for falling, facilities like Alden need to provide close supervision and assistance as well as alarms for their beds and chairs as precautionary measures.”

Attorney Patricia Gifford added: “The resident’s family searched for a nursing facility that would provide the highest standard of care for her. Alden failed to meet her need for close supervision and care.”

The facility was cited by the Illinois Department of Public Health for resident injury and improper nursing care.

Click here for the press release

In a new initiative to improve health care, Medicare will no longer pay hospital costs of treating illness, injuries or infections resulting from medical mistakes or negligence. By not paying the extra costs of treating preventable injuries or illness in hospitals, the lives of many patients and millions of dollars can be saved. Currently, Medicare pays for treatments resulting from medical malpractice and negligence. Private insurers are considering following Medicare's lead, which could greatly increase benefits and savings for patients and make insurance less expensive and more accessible.

Preventable conditions that will no longer be covered include bedsores, or pressure ulcers, injuries or death caused by falls and unnecessarily contracted infections. This will force doctors and hospitals to take more care in following policies and procedures to prevent these types of avoidable errors. Hospital advocates have tried to fight back, making claims that some injuries, such as pressure sores, are unavoidable. However, Levin & Perconti recently settled a case for $1 million in which a nursing home claimed that pressure sores were unavoidable. This theory proved false when the paraplegic patient was treated somewhere else and the pressure ulcers healed. This initiative is a federal recognition that many illnesses and injuries are caused by hospitals and doctors not following policies and procedures or meeting the standard of care. Because pressure ulcers are not covered by Medicare, for instance, the federal government is acknowledging that they are, in fact, avoidable and a result of negligence.

Click here for the full article

In a recent conference, the Virginia Board of Nursing was asked to take action upon evidence that a nursing home CNA violated state laws regulating nurse aide practice. The nurse was employed at four nursing homes in recent years: Seven Hills, ManorCare, Ruxton, and the Lexington. She had been previously diagnosed of Impulse Control Disorder and personality disorder, but was not undergoing treatment, and had also been convicted of petty larceny. The nurse committed acts such as abusing residents, threatening to kill fellow employees, verbal abuse, talking to herself about killing people in the presence of residents and omitting previous nursing homes and her criminal record on her resume. It is shocking that there is no system in place to prevent nurses like these from circulating among nursing homes in the same area. With the prevalence of nursing home abuse and neglect, there should be stricter rules governing background checks on employees.

A hospice cat at a Rhode Island nursing home has predicted the death of patients in 25 cases by curling up with them in their final hours. The facility treats people with Parkinson's disease, Alzheimer's and other illnesses. A doctor that treats patients at the nursing home stated that, "Oscar is better at predicting death than the people who work there." This allows nurses to alert families when a loved one is about to die. Unfortunately, other nursing homes have to rely on the medical staff to predict when patients are showing signs that death might be imminent. But because nursing homes are understaffed, and nurses are often insufficiently trained, they cannot provide the same attention to the patients that this cat apparently can. Sorry to say, not all nursing homes can acquire a cat with such talents, and nursing staff simply does not have enough time to monitor patients and alert families when death is approaching.

Click here for the full article

Ventas, a health care real estate investment trust, has seen their second quarter profit rise five fold. The trust recently purchased Sunrise Senior Living for almost $2 billion. Ventas owns hundreds of senior-housing communities and skilled-nursing facilities. Clearly, the nursing home business has been thriving as of late. However, facilities such as Sunrise Senior Living homes have had a history of abuse and neglect. Nursing home owners often blame lack of funds for understaffing and the absence of proper training. Examples such as the rise in Ventas's revenue by almost $100 million shows that there might be more to the story.

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The Centers for Medicare & Medicaid Services approved a 3.3% rise in Medicare payments for skilled nursing facilities for fiscal year 2008. This rise was a reflection of the fact that current rates are based on data from FY 1997. The new rates will be based on data from 2004. Approximately $690 million more will paid next year. Hopefully this rise will help skilled nursing facilities provide better and more reliable care and homes will no longer be able to blame the prevalence of nursing home abuse and neglect on lack of funding.

An alleged sexual assault at a ManorCare nursing home facility in Rolling Meadows, Illinois has led the state to claim that ManorCare failed to protect the woman from being abused. Nursing home abuse and neglect has been found by the Illinois Department of Public Health at many ManorCare facilities recently and the Rolling Meadows facility has already received a $20,000 fine from the department. In this particular instance, state officials said that a 71-year-old mentally disabled woman was sexually assaulted by a 62-year-old man with dementia in the middle of the afternoon. The investigation led to claims that the home failed to protect the victim and failed to supervise the assaulter, who had been caught inappropriately touching another woman's breasts only three months before. When an employee heard cries from the TV room where the woman was being assaulted, he was unable to get in and prevent further harm because the door was locked. It seems questionable that a nursing home facility with mentally disabled residents would have internal locks on community rooms. The state also alleges that the ManorCare facility failed to report the attack to police, a duty they should have undeniably upheld.

ManorCare facilities are becoming cesspools for abuse and neglect and action needs to be taken to prevent any other instances of sexual abuse in addition to other problems resulting from issues such as failure to supervise residents and failure to properly monitor patients.

Click here for the full article