Articles Posted in National Nursing Home News

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evacuation plan

Lawmakers in Outrage of Administration’s Relaxed Nursing Home Emergency Preparedness Proposed Requirements

Sen. Ron Wyden (D-OR) is the ranking member of the U.S. Senate Committee on Finance. He has been outspoken on many occasions regarding the outcome of nursing home preparedness in the event of an emergency such as a natural disaster. And with President Trump’s Administration’s recent announcement to ease a home’s necessary preparedness for emergencies, his concern came with outrage expressed in an official letter to the Centers for Medicare & Medicaid Services.

“It is troubling to see CMS decide to further roll back its already inadequate safeguards with this proposed rule, which does more to cut corners than cut costs,” Wyden wrote. “The Trump administration’s proposal not only strips patients of commonsense protections in order to pad the pockets of medical providers, but goes against the recommendations of well-respected national organizations charged with developing best practices for workplace and consumer safety.”

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Employee Helps Raise Concern Over VA Nursing Home Care

U.S. lawmakers have sent a demand letter to the head of the U.S. Department of Veterans Affairs, regarding more information be revealed following the horrific exposure of negligent care occurring at an already poorly rated Veterans Affairs (VA) facility in Brockton, Massachusetts. Investigators arrived at the facility after an employee whistleblower contacted congress on the failing nature of the home for veterans. When investigators arrived, they found half a dozen staff sleeping vs. caring for residents.

Democrats from the state, Senators Elizabeth Warren and Edward Markey, penned the letter and included concerns such as, “The continued care lapses at VA facilities raise questions about whether concrete, lasting measures are being implemented to prevent misconduct from occurring again.” Secretary of Veterans Affairs Robert Wilkie has been requested to give a full explanation regarding the steps that will be taken by the VA to fix the ongoing issues.

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A Special Focus Facility (SFF) is being sued by the family of Delores Green, an 84-year-old woman suffering from dementia, for allegedly failing to prevent her from being ‘repeatedly’ raped and sodomized.

The victim’s daughter, Vivian Colette Green, is suing Christian Care Home in Ferguson, Missouri for the alleged rapes after discovering her mother injuries just last month. A resident of the facility for nearly 8 years, the victim is unable to communicate, unable to walk, relies on a feeding tube, and is a diabetic. She was unable to tell her daughter what had taken place, but Vivian Green said she quickly realized that her mother had suffered sexual trauma due to the bruises and swelling on her body.

Upon discovering the injuries, Ms. Green immediately questioned staff at Christian Care Home but after feeling ignored and realizing the injuries were getting worse, she called the police. An emergency room physician conducted a rape examination, which includes a physical exam as well as a rape kit, and said her injuries were consistent with recent multiple rapes that had taken place over the course of several weeks. An investigation has identified a suspect, a fellow resident within Christian Care Home, but that suspect has not officially been named by police.

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Healthcare Facilities Should Be Prepared for Natural Disasters

Although new Medicare and Medicaid guidelines were set in place after the tragic deaths of over 100 nursing home residents during Hurricane Katrina, cases of patients left behind due to natural disasters such as wildfires, tornadoes, or floods are reported each year. These occurrences are starting to prompt health care officials to raise concern over the need for better public policy support, emergency planning resources, funding, and protections for vulnerable long-term care residents in the event of an emergency prompted by catastrophic events and conditions that threaten their well-being such as no internet and no electricity.

A recent federal review of Centers for Medicare & Medicaid Services (CMS) records found that:

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Nursing Homes May Transfer Ownership to Hide Questionable Care

In the aftermath of a resident accident, report of abuse or neglect, or serious complaints against staff, a nursing home’s lease or title may simply be transferred to another company as a way to position a band-aid over real issues. When nursing home facilities are often bought, resold and rebranded, families of residents should raise questions about whether administrators or staff are to blame.

“A May 2016 article in the Boston Globe highlighted the findings of a Harvard University study on the impact an acquisition has on nursing home quality. The study found that there was a direct link between the number of times a facility had changed hands and the number of state violations it had. The authors ultimately concluded that the changing of hands wasn’t the cause, but the fact that the facility itself was plagued by troubles and that changing ownership did little to improve it.” – The Centers for Medicare & Medicaid Services

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This week–May 12th through May 18th–represents the official “National Nursing Home Week.” With many participants, including the American Health Care Association (AHCA), the event is a yearly reminder of the needs of long-term care residents and the terrific work that so many valuable caregivers perform day in and day out. It is easy for those of us working on matters related to nursing home neglect and mistreatment to appear unconcerned with the great work that facilities are able to provide. But on the contrary, because we are so familiar with the many instances of poor care, we are better able to understand the value and service of great care, when it exists.

The theme of this year’s week-long event, according to the AHCA site on the event, is” “Team Care.” In summarizing the event, the site explains that the week is for the residents and dedicated staff who “pitch in for optimal outcomes.” This is a timely theme, as with the complex needs of many seniors, proper communication and shared commitments to positive outcomes for senior residents requires clear coordination between all members of the caregivers process. When too many nursing home employees are forced to go it alone or do not receive the support they need for owners and operators, harm results.

National Nursing Home Week Events

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The U.S. Supreme Court has denied certioria in a case where the Third Circuit Court of Appeals said that a nursing home resident and Medicaid recipient may sue their facility under 42 U.S.C. § 1983 for violations of the Federal Nursing Home Reform Amendments (FNHRA). The plaintiff in the case was a nursing home resident and Medicaid recipient. After the victim wrongfully died her daughter filed a nursing home lawsuit against the facility under a §1983 action. The nursing home lawsuit claimed the facility violated the FNHRA by not providing proper care. The nursing home tried to commit the complaint by claiming that the FNHRA does not provide an enforceable right of action through §1983. They argued that FNHRA only sets forth requirements that a nursing facility must comply with in order to receive federal Medicaid funds. The district court did agree with the nursing home, and the victim appealed the ruling.

Luckily, the Third Circuit reversed the district court’s ruling and held that the FNHRA does give Medicaid recipients rights and remedies under §1983. Elder Law Answers reported that the appellate court reasoned that both as a nursing home resident and Medicaid recipient, the victim was an intended beneficiary of the FNHRA. The court believed that the language of the FNHRA laid out specific enforceable rights for victims of nursing home abuse. Recently, the U.S. Supreme Court denied the writ of certioria and rested on the Third Circuit’s ruling. They believe this will cause all nursing homes to rethink patient’s rights. The Chicago nursing home lawyers agree the rulings of both the Third Circuit and the U.S. Supreme Court and thank them for their support of nursing home rights.

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The 2009 National Consumer Voice for Quality Long-Term Care Conference is scheduled for October 22, 2009 until October 25, 3009. It will take place at the Hamilton Crowne Plaza Hotel in Washington, DC. They have a renewed commitment to achieve “quality care, no matter where”. The conference is geared toward citizen advocates, resident and family councils, ombudsmen, non-profit organizations, researchers, policy makers, residents, family members and others involved in long-term care advocacy. This conference will help many people detect elder abuse. To sign up for the nursing home conference, please click the link.

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A 73-year-old woman entered a nursing home in 2005 after she fell and injured her arm, believing it would be a quick month stint for therapy. However, two years later, after repeated denied requests to go home, the woman died due to a horrific infected bedsore. Her daughter has filed a nursing home negligence lawsuit stating that none of the staff would check on her mother. On one visit, a family member went to change the victim’s gown and noticed a bedsore, already in an advanced stage, on their mother’s tail bone. The pressure ulcer was infected within days. The victim’s family states that you could put your whole hand down in their mother’s back and you could see the bones and spinal cord. Pressure ulcers are lesions caused by unrelieved pressure on the skin. They are largely preventable by making sure a patient is regularly moved or turned every two hours. However, they are fatal once they become infected. If you or a loved one has experienced bed sores as a result of nursing home abuse, please contact an Illinois lawyer. To read more about the wrongful death, please click the link.

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Authorities have uncovered what are described as prison camp conditions at a group home housing the elderly. Investigators say the elder abuse took a new form as the seniors, some mentally disabled, were abused, crammed into chicken coops and forced to go to the bathroom in buckets. Authorities say that the facility was an illegal adult group home that was not licensed by the city or the state. The home owner was arrested and accused of forcing mentally ill adults to live in prison camp-like conditions. The woman’s nursing home abuse included housing the elderly in converted chicken coops with razor wire fences surrounding the facility and padlocked gates. 22 people were living in three dilapidated buildings, none of them with indoor plumbing. The woman was charged with 16 counts of elderly abuse. The facility has been shut down considering the grave elderly abuse. The 22 residents were picked up by family members or taken to licensed care facility. To read more about the horrid nursing home conditions, please click the link.