Articles Posted in National Nursing Home News

nursing home abuse and neglect

CMS Will Publicly Post All Names of Most Concerning Care Facilities

The Centers for Medicare & Medicaid Services (CMS) is reacting to the highly publicized release of U.S. Senators Bob Casey’s (D-PA) and Pat Toomey’s (R-PA) report titled, Families’ and Residents’ Rights to Know: Uncovering Poor Care in America’s Nursing Homes, by announcing it will soon disclose all of the names of care facility candidates in the agency’s Special Focus Facility (SFF) program. SFFs have a “persistent record of poor care” and were previously not available for the public to review. Some lawmakers and resident advocates even called the list a “scary secret” kept from the public to protect nursing home owners and their reputations.

The Pennsylvania lawmakers list included only 400+ facilities, 22 of which are located throughout Illinois, but there are almost 3,000 nursing homes that have a one-star rating on their health inspections, the worst ranking possible. With only 88 SFF program slots funded that likely leaves so many additional poor performing candidates for the program to publicly acknowledge. 

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Viral Photo Shows Nursing Home Resident Covered in Vomit, Begging for Help

In October of 2018, a visitor at Legend Oaks Healthcare in San Antonio, Texas was witness to an older woman, left in a wheelchair and covered in vomit, begging for help for several hours in a nursing room hallway.

The man who took the photo was not connected to the woman who battles dementia but said he was so disturbed by the resident’s situation he wanted to share the documented encounter with local News4 in San Antonio. The observer told the reporters that instead of helping clean the woman he saw employees throw towels at her and around her as she begged for help, hours on end.

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Lawmakers Look to Position Older Americans Act into a Greater Enlightenment Phase

In 2017, the Older Americans Act (OAA) served more than 700,000 caregivers; and provided seniors across the country with 358 million meals. These services hit only the tip of how the law has improved the lives of seniors. OAA is also a federal policy that invests back to help older individuals age in place or at home and out of nursing homes and hospitals through low-cost, community-based services.

On Wednesday, May 8th the Senate Aging Committee held a hearing to highlight the importance of the OAA led by U.S. Senators Susan Collins (R-ME) and Bob Casey (D-PA), the Chairman and Ranking Member of the Senate Aging Committee in hopes to rally a bipartisan coalition for OAA’s reauthorization prior to it expiring on September 30.

elder abuse law

The Problem with Easing Regulations That Protect Nursing Home Residents

Several new policies were created to safeguard residents in 2014 setting nursing homes up for better accountability, such as fining violating nursing homes each day until problems were fixed and publicly exposing a facility when residents report care complaints. But since 2016, regulation on the rules nursing homes have to follow in order to collect Medicare or Medicaid dollars has seen a risky overhaul, marking the new administration responsible for the removal of several health and safety regulations essential to protecting residents.

These rules were intended to dictate how nursing homes operate, and the group’s inspections and surveys are designed to spur change and compliance through Centers for Medicare and Medicaid Services (CMS). CMS is the federal agency tasked with the oversight and regulation of over 15,600 nursing homes in the United States. In August 2017, the Department of Health and Human Services Office of Inspector General (OIG) issued an alert that CMS has inadequate procedures to identify and report incidents of abuse or neglect to law enforcement.

nursing home abuse

AARP Speaks Out on Alarming Proposed Changes to Nursing Home Regulation

At Levin & Perconti we continuously monitor changes to current federal and state nursing home regulations in order to inform our clients of how those changes might impact quality of care. Recently we were pleased to see one of the most powerful lobbying groups in the country, AARP, voice concerns about regulatory actions of the Centers for Medicare & Medicaid Services (CMS) in a letter to the United States Senate Committee on Finance.

Not Enforcing the Rules

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McClean County Nursing Home Residents Transferred After LeRoy Manor Closes

The former long-term care residents of the LeRoy Manor building, located in the central Illinois community of Bloomington-Normal, have moved to other nursing homes throughout Illinois. The private nursing home closed on February 15, 2019, displacing 75 employees and 66 residents. Administrators say about 90 percent of the residents were receiving Medicaid and poor reimbursement by the state was to blame for the closure. The group announced plans to end long-term care services at the home in January of 2019.

Thankfully, regional ombudsman from the East Central Illinois Area Agency on Aging told local news outlets that residents and their family members felt individual rights and desires were protected during the transition and that staff saw the process out appropriately. Unfortunately, this is not always the case and many residents preparing for a move out of their control will find themselves neglected or abused during a time of uncertainty and when changing staffing challenges become present. The move may be tough though for many of the LeRoy Manor residents who were originally from the area and able to stay connected with family and friends on a regular basis. These are relationships important when addressing basic care and medical needs and identifying nursing home neglect and abuse symptoms of loved ones.

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Latest Senate Hearing Shows CMS Can Do More to Protect Nursing Home Residents

On Wednesday, March 6, 2019 another government session, this time led by the US Senate Committee on Finance, was held to discuss several disturbing reports of nursing home abuse and neglect and the lack of preventative measures and faulty reporting system used by the Centers for Medicare and Medicaid Services (CMS) to create environments for quality resident care. The hearing was led by Chairman, Chuck Grassley (R – IA) and Ranking Member, Ron Wyden (D – OR) with special panelist testimony delivered by family members of residents fallen victim to nursing home abuse or neglect.

A Minnesota woman heartbreakingly remembered her mother, an Alzheimer’s patient who was raped by care staff. During the hearing she said, “My final memories of my mother’s life now include watching her bang uncontrollably on her private parts for days after the rape, with tears rolling down her eyes, apparently trying to tell me what had been done to her but unable to speak due to her disease.” A woman from Iowa shared her family’s concern after their mother died in a nursing home ranked with the highest possible quality of resident care scores from CMS even though the organization had been seriously fined for physical and verbal abuse. The elderly woman was allegedly left in severe pain and may have been dehydrated days before her nursing home death.

On Wednesday, the United States Senate Committee on Finance held a public hearing entitled “Not Forgotten: Protecting Americans From Abuse and Neglect in Nursing Homes.” The hearing included statements from adult children of nursing home residents who were the victims of rape, abuse, and neglect at the hands of their caretakers.

Letter Describes How Recent Government Actions Endanger Nursing Home Residents

Prior to the hearing, six long term care advocacy organizations banded together to send a letter to the Senate Committee on Finance to remind them of the government’s recent actions that have scaled back protections for those in nursing homes.

Earlier this month, our blog covered the story of a 29 year-old-woman in a vegetative state who had given birth to a baby boy on December 29th. The woman is a longtime resident of Hacienda Healthcare just outside Phoenix, previously falsely reported as admitted to the facility after a near drowning incident as a teenager. Instead, the woman’s family has clarified that she is nonverbal and is intellectually disabled as a result of seizures that began as a toddler. Although she is nonverbal, she is able to move her extremities and head and neck, and can show emotion through facial expressions.

This morning, Phoenix police announced that they had arrested Nathan Sutherland, a 36-year-old male nurse who had been an employee of the facility and was responsible for providing nursing care to the victim. He has been charged with one count of sexual assault and one count of vulnerable adult abuse after he was found to be a DNA match to the infant boy. Police required genetic testing of every male employee of Hacienda after the victim gave birth and although Sutherland initially attempted to forgo testing, he was ultimately forced by police to cooperate.

Sutherland become a Licensed Practical Nurse (LPN) in 2011 and it appears that Hacienda has been his sole employer since becoming an LPN. Prior to receiving his nursing certification, he worked as a nurse aide for 6 years. Earlier today, Hacienda released a statement that Sutherland was immediately fired upon learning of the DNA match, also saying that Sutherland went through a background check prior to being hired. Hacienda has publicly apologized for the incident, promising to follow more robust hiring and training practices.

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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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