Articles Tagged with nursing home staff

medicare theft

Four Chicago Nursing Facilities Caught Up in Medicare Fraud Whistleblower Case

Some Chicago nursing homes and rehabilitation centers are paying nearly $10 million back to the U.S. government after being caught lying about the level of care their patients required and for violating the False Claims Act by overbilling federal health insurers. Greed came through by abusing power over resident benefits paid for through Medicare and maximizing those amounts under fraudulent therapies and support.

At the center of the fraud sat Quality Therapy and Consultation Inc. of Orland Park, and its owner, Frances Parise. Parise allegedly worked with these four Chicago facilities.

nursing home workers

National Safety Month: Care Workers Have Right to Safe Workplace 

June is celebrated as National Safety Month. As we emphasize the safety of nursing home residents on the blog each week, this also feels like an excellent opportunity to talk about the struggles nursing home employees can face when overexerted, working on demanding schedules with less staff and performing care duties for violent residents who require greater services. These workers can also become too easily hurt by excessive lifting, lowering, pushing, and pulling while caring for residents because of a lack in injury prevention training and poor enforcement of safe workplace policies.

Nursing homes must follow OSHA standards and provide workers with an environment that does not have any known hazards that cause or are likely to cause death or serious injury. Some of the frequent complaints nursing home workers have of the safety and injury risks related to their job include:

elderly medical care

National Survey Evidence Shows Behavioral Health Services Inadequate in Most U.S. Nursing Homes

Researchers at the University of Rochester School of Medicine started surveying randomly selected skilled nursing facilities in 2017, asking questions about the types of behavioral health issues residents have, available behavioral health services, quality, satisfaction, staffing, staff education, turnover and service barriers. Now complete, the results of the study were published in the Journal of the American Geriatrics Society on June 5, 2019 and show that mental health disorders can affect up to 90 percent of nursing home residents in as many as a third of the nation’s nursing homes and community-based care facilities.

In this first review of its kind, researchers measured four different outcomes:

retirement home

Nursing Homes With “No Harm” Deficiencies Are Not Being Held Accountable

Nationwide, a majority of nursing homes voluntarily participate in the Medicare and Medicaid programs. Because of this partnership, facilities must adhere to minimum standards of care established by the federal Nursing Home Reform Law. Those who do not comply, should receive health violations leading to various penalties including fines or in some of the most severe cases, a group’s Medicare or Medicaid certification will be suspended or revoked by the Centers for Medicare & Medicaid Services (CMS), a part of the Department of Health and Human Services (HHS).

CMS data indicates that about 95 percent of these health violations are cited as causing “no harm” to residents. In a May 2019 newsletter published by the Center for Medicare Advocacy and the Long Term Care Community Coalition (LTCCC) several examples of these “no harm” deficiencies, taken from Statements of Deficiencies (SoDs) on Nursing Home Compare, were discussed. Surveyors classified all of the shortcomings listed below as “no harm,” meaning that they determined that residents were neither hurt nor put into immediate jeopardy for their health or well-being.

nursing home abuse attorneys

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.

nursing home abuse

10 Ways Banks Can Help Prevent Elder Financial Exploitation

Not only are family members and financial caregivers watching out for financial abuse targeted at the elderly, including vulnerable nursing home residents, but banks and other financial institutions are also filing an increasing number of suspicious account reports (SARs). This year, the Office of Financial Protection for Older Americans received over 180,000 encounters of suspicious elder financial exploitation (EFE), involving a total of more than $6 billion since 2013.

Noted in a 2019 report published by the Office of Financial Protection for Older Americans, banks reported a total of $1.7 billion in suspicious activities in just 2017, including actual losses and attempts to steal the older adults’ funds.

nursing home attorneys

Underpaid At-Home Caregivers File Lawsuit Against Employer

The Arkansas Democrat-Gazette is reporting a story coming out of the U.S. District Court in Little Rock concerning underpaid caregivers who have filed a lawsuit against Palco, a financial management services company headquartered in Arkansas that provides support to Medicaid recipients across several states. The business has clients such as veterans, the elderly, and children who participate in at-home and community-based services and require help with daily living tasks. The suit is seeking class-action status on behalf of all people who were paid as caregivers by the company under the Independent Choices Medicaid program within the past three years.

According to the state Department of Human Services, Independent Choices assist about 3,000 Medicaid recipients who receive in-home services in processing payroll and guides recipients in paying workers who help them, most of who are often family or friends. The lawsuit says the plaintiffs and other workers have regularly worked more than 40 hours a week and weren’t paid one-and-a-half times their regular wage by their employer as required under the Fair Labors Standards Act (FLSA). Medicaid recipients are only the employer if they hired the home care worker directly, and no agency or other organization is involved, such as Palco.

abuse and neglect attorneys

IDPH Releases First Report of The Year Listing Nursing Home Violators

The Illinois Department of Public Health (IDPH) has released its first Quarterly Report of Nursing Home Violators for 2019. This report dates January 2019 thru March 2019 and highlights Illinois facilities cited for violations of the Nursing Home Care Act, a statute that provides nursing home residents and their families with the assurance that proper and safe care will be received.

Facilities with violations in quarter one of 2019 include:

nursing home wrongful death

Diabetic Patient Dies After Given Too Much Medication at California Care Facility

A diabetic patient has died at Bella Vista transitional care facility located in San Luis Obispo County in California, and the home is now facing a wrongful death lawsuit. The civil lawsuit states care staff gave an 85-year-old female patient too much medication to manage her diabetes when they dispensed four doses of medicine in less than four hours.

According to the complaint, the woman also had dementia, hypertension, hyperlipidemia in addition to her diabetes while a patient at Bella Vista the last eight months. She relied on facility staff for help with nearly all of her daily living activities and depended on them to manage her conditions and medications. As outlined in local news reports, the troubling events leading up to the woman’s death began in the early morning hours.

elder abuse attorneys

Nursing Home Countersues Although Liability Accepted for Man’s Choking Death

In 2013, an 82-year-old man died from a preventable choking incident at Woodhaven Care Center in New York. The nursing home accepted liability for the man’s death, and a jury awarded $1 million to the man’s family highlighting the issues with understaffing. The wrongful death lawsuit stated that inattentive nursing home staff failed to provide the man with his dentures and fed him food that was not a part of his dietary plan. The man was then left unsupervised, choked on the meal and died within moments after a nurse’s station video camera caught the incident. Staff also waited nearly 20 minutes before calling for help and dialing 911.

Today, Woodhaven has outrageously presented a countersuit against the family of the deceased for alleged money yet owed for his stay. Our nursing home abuse and neglect attorneys plan to follow this story as mediation in the case will be scheduled in the future.

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