Plea deal in abuse charge

Kentucky's LEX 18 reported that  a plea deal has been offered to a nurse's aide accused of abusing an elderly patient at a Madison County nursing home.  Amanda Sallee was set to go to trial on wanton neglect and abuse charges on March 15.

Sallee is one of three former nurses aides at Madison Manor Nursing Home in Richmond accused of abusing the late Armeda Thomas. The 84-year-old's granddaughter placed hidden cameras in Thomas' room, fearing Thomas was being neglected by nursing home staff. Sallee is seen on tape eating Thomas' food instead of giving her the meal.

Two other women have pled guilty to similar charges after they were caught on camera taunting and grabbing Thomas around the neck.   Thomas' family is also pursuing civil action in addition to the investigation brought on by the attorney general's office.
 

Staffing Problems Continue

There are some great people working at nursing homes, below are not stories about them:

WCAK.com had a story about Rhonda Skiver who pled guilty to grand larceny after embezzling more than $163,000 from an upstate New York nursing home where she worked as chief financial officer.  She was struggling to pay off gambling debts and costs from a failed marriage has admitted to stealing the funds for resident care from Absolut Center for Nursing and Rehabilitation in Orchard Park, where she had worked for 10 years.   Rhonda Skiver could face up to 15 years in prison at sentencing on May 17. Buffalo News also had an article on the arrest.

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SheboyganPress.com had a story about Ross H. Hoblitzell who was a nursing home activities director .  He was charged  after being captured on surveillance video stealing cash from the Plymouth Senior Center.  Hoblitzell could face up to seven and a half years in prison, if convicted on the count of felony burglary.

The manager of the senior center contacted police Monday morning after discovering money was missing from parking meter proceeds left in the senior center office. The manager also noticed a camera installed after a prior burglary had been moved.  The video showed Hoblitzell starting to remove the money, then noticing the camera and attempting to reposition it so he is not recorded. He then appears to try removing it, but fails, after which he picks up change from the floor and places it back in its container.  Hoblitzell admitted taking money for gas for his vehicle because he was having financial difficulties. He admitted taking money from the senior center in the past as well.  _______________________________________________________________________

St. Joe News had a story about Janet Sue Tinker who pled guilty to stealing prescription drugs from a nursing home for her son to sell. Tinker started working as a licensed practical nurse (LPN) for Carriage Square Health Care Center in November 2008. Around August of last year, she began pocketing medications.

Ms. Tinker took drugs home and left them on a table for her son Ryan O. Tinker, 20, according to her testimony.  The stealing went on for at least two months and included Ativan, Xanax, Lortab and morphine. A Crimestoppers tip led police to look into the family’s activities in September.

Ms. Tinker told Circuit Court Judge Pat Robb she never explicitly told her son to sell the drugs but left them for Mr. Tinker to find, knowing that would be the result. In a convoluted explanation, she said to the court, “There is a very unhealthy relationship between my son and I,” and added she hoped providing the drugs to her son would lead him to move out of her house on Safari Drive.

“It just doesn’t make sense to me,” Mr. Robb told her when she maintained she never instructed her son to sell the drugs but it was an understanding.

 

 

More Staffing Problems

Here are some articles on some of the types of people who are employed at nursing homes:

The Seatttle Times had an article about three employees of a nursing home being fired after nude photographs of residents were taken and shared with strangers.  Three employees of Kitsap Health & Rehabilitation Center have been fired amid allegations that they took nude cellphone pictures of residents.  Staff members said in written statements that the suspects had shown the pictures to other staff members as a joke some weeks ago.  The pictures were taken around Christmas, the suspect said. He said he has deleted all photos of residents.  Witnesses also reported seeing other photographs.

One suspect, a 41-year-old Retsil resident who is a licensed practical nurse, told Bremerton police he and the two other suspects had sent "funny" pictures of residents to each other but denied having taken inappropriate photos.

The suspect said someone — he said he didn't know who — had sent him a photo of a resident of unknown gender bending over, with naked buttocks showing. He reported deleting the image and telling the other two suspects not to send any more cellphone pictures of residents.

The other suspects are women, ages 26 and 27, both nurse aides from Bremerton. All three employees at first were suspended and later fired. The three have been reported to a medical panel for review of alleged violations.  See more information at King5 here.
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WOKV.com  had a story about  Sharon Kaiser who was accused of stealing from people in a nursing home.   She is charged with grand theft, exploiting the elderly, suspicion of fraudulent use of credit cards, petit theft,  bank fraud, and fraudulent use of personal identification information.. Police say the woman was stealing blank checks from the residents and then giving them to other people to be cashed.

Kaiser worked at the Cypress Village retirement community.  "We were assured by Dr. Felix that it was a safe environment, that all employees had a background check," said Jack Slaughter, whose mother was a resident. He said she lost thousands in jewelry.

The police reports said one elderly resident reported that someone stole a $5,000, a 14-karat charm bracelet, and a $2,500 ring from her. Another victim reported having a $1,600 necklace and an $1,800 gold chain swiped.

Some victims in the report said this problem is widespread. In the one report, a victim claims "there has been around 90 items stolen from different patients from Cypress Village." Police arrested Kaiser after police reported linking jewelry found at pawn shops to her.

"We went to the authorities at Cypress Village and informed them of what my mom was telling us, and we were led to believe that it could be paranoia brought on by her Alzheimer's disease," Slaughter said.  See News4Jax for more information.
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KTVB.com had a story about Eric Machigashira who is accused of stealing narcotic pain medication from resdients of the nursing home where he worked. They say management provided evidence that he had been taking morphine and other drugs from nursing home patients and from the home's emergency supplies over a period of several months.

 

 

Dementia and feeding tubes

Reuters had an article discussing the overuse of feeding tubes with demented residents. Whether or not a person with advanced dementia winds up with a feeding tube  have more to do with economic concerns than his or her wishes, suggests a new study out in JAMA (Journal of the American Medical Association).  Dr. Joan M. Teno of Brown University in Providence, Rhode Island, and her colleagues found that hundreds of patients who had specified, in writing, that they did not want a feeding tube received one anyhow.

Feeding tubes don't extend survival for people with advanced dementia who can no longer swallow, and provide no other apparent benefits to these patients, according to two reviews of the medical literature, Teno and her team note in their report.

Tube feeding can also cause harm, the researcher added in an interview; demented patients who are bothered by the tube and try to remove it may be physically restrained or placed on heavily sedating drugs.

Up to a third of nursing home patients with advanced dementia have a feeding tube, Teno and her colleagues note in their article. In two-thirds of these cases, the tube was inserted while a patient was in the hospital.

To investigate what factors might influence whether or not a hospital would use feeding tubes in people with advanced dementia, Teno's team looked at 2000-2007 records for nearly 2,800 hospitals, all of which had admitted at least 30 patients who were 66 or older, had advanced dementia, and were living in nursing homes. Their analysis included Medicare claims for 163,000 patients and nearly 281,000 hospital admissions.

Twelve percent of the hospitals didn't insert a feeding tube in a single patient with advanced dementia throughout the eight-year study period, the researchers found. But at one quarter of the hospitals, patients had a 1 in 10 chance of feeding tube insertion; hospitals with the highest rate of feeding tube use inserted them nearly 40 percent of the time.

For-profit hospitals were more likely to use feeding tubes, as were larger hospitals and those with the highest level of intensive care unit use for patients in their last six months of life.

Recognition is growing that dementia is a terminal illness that affects the body as well as the mind, Teno told Reuters Health. And when a patient with dementia begins having trouble eating, she said, this indicates the final stage of the illness has arrived. For these patients, she added, careful hand feeding can offer a safer and more comfortable alternative to feeding tube insertion, "but it takes staff time and effort."

According to Buchman, the amount of caregiver time and effort to work with patients and try to feed them by mouth and to do it safely is "substantial."

Emory University Hospital's 2006-2007 rate of feeding tube insertions for patients with advanced dementia was 24 per 100; Buchman said he did not want to comment on those figures, given that he has only been working at the hospital since July 2009.

The hospital had one of the highest rates of feeding tube use in patients with advanced dementia, according to Teno's study, with 37.5 insertions for every 100 admissions of such patients in 2006-2007.

Although her study didn't investigate why hospitals opted for feeding tube insertion, Teno said it's likely that cost concerns are a factor. Most of these older patients are on Medicare and Medicaid, and the way that reimbursement works means nursing homes tend to ship them to hospitals when they get sick. Then, hospitals will try to discharge these patients back to the nursing home as quickly as possible. Inserting a feeding tube allows the hospital to discharge a patient faster, Teno added, while for nursing homes, tube feeding is less time consuming than hand feeding.

It's questionable, Teno noted, whether hospitalizing these patients in the first place is helpful. "It can be very disruptive and very stressful to take someone who is in the throes of dementia and put them in an acute care hospital," Teno said. "I'm really concerned that the financial incentives now are aligning with hospitalizing these people rather than trying to keep them in a less restrictive environment and treat them in a nursing home."

For a person with advanced dementia, the onset of eating difficulties should be "a stop sign to say listen, we need to talk about what are the patient's wishes and values for future medical care," she added. "Helping people make the best decision for their loved one is very important."

Teno and her team have compiled a list of hospitals and their rate of feeding tube insertion in patients with advanced dementia, which is available online here

SOURCE: Journal of the American Medical Associations, February 10, 2010.

Kentucky Staffing Reforms

Here is a great editorial from the Louisville Courier Journal about the need for nursing home reform and lobbyists' influence.

The real priorities of the General Assembly are on shocking display in the battle over a nursing home reform bill. The measure, House Bill 157, which is intended to set minimum standards for staffing, is similar to laws that exist in 37 states.

 

But the reform bill's co-sponsor told The Courier-Journal's Laura Ungar that its chances seem dim this session.

Meanwhile, over the past decade the nursing homes' trade group has showered a quarter of a million dollars on Frankfort lawmakers, some of whom are persuaded — surprise — that the reform is unnecessary.

The claim of trade group president Ruby Jo Cummins Lubarsky would be laughable, if it were not so sad. The nursing home bill, she says, is not needed because, “Numbers don't equate to quality. Staffing is very important in a facility, and there is no incentive for a facility to not meet the needs of its residents.”

Ask anyone who has had a friend or relative in a nursing home whether the issue of staffing isn't a major one. Even in the best-run homes, it's not uncommon for aides to be surly, dilatory or lack basic communication skills. And residents, many of whom suffer deep depression, dementia and other conditions, are often incapable of being heard when they complain. The powerful stench of feces and urine often greet the visitor at the door. Residents may lie or sit for hours in wet diapers or on fouled sheets — simply because there is not enough help, or because it's not responsive enough.

Many nursing homes benefit handsomely from Medicare and Medicaid tax dollars. Many are for-profit operations that cut back on staff to pump up the bottom line. Federal regulations are considered inadequate by knowledgeable observers and by all but 13 states.

The elderly in Kentucky deserve better than that. And the legislators holding the bill back should have them on their consciences.
 

For profits nursing home chains have more deficiences

USA Today had a great article on the excessive number of nursing homes that receive taxpayer money but refuse to meet the minimum requirements for quality of care.  The requirements are basic and necessary services, and fundamental safety and food standards. Personal hygiene, responding to call bells, fresh foods, hot water, taking vital signs, etc----basic stuff but because of greed and short-staffing one in five of the nation's 15,700 nursing homes have consistently received poor ratings for overall quality.

More than a quarter-million patients live in homes given another set of low scores within the past year, according to data released today by Medicare, which first released the star ratings of the nation's nursing homes in late 2008. The ratings are derived from inspections, complaint investigations and other data collected mostly in 2008 and 2009.

USA TODAY found that all 50 states and the District of Columbia have homes with poor ratings from one year to the next.  And dozens of those facilities are the only nursing homes for miles.

Late in the Bush administration, the Centers for Medicare & Medicaid Services began assigning nursing homes one to five stars for quality, staffing and health inspections, as well as an overall score. Nearly all homes that repeatedly received few overall stars — one or two stars — were owned by for-profit corporations, the data show.

"The issue is the owners have to take responsibility for the consequences" of poorly performing homes, says Larry Minnix, CEO of American Association of Homes and Services for the Aging.

The newspaper's analysis found the lowest-rated homes had an average of 14 deficiencies per facility, which can include quality-of-life measures and safety violations.

Resident wanders outside and falls

Houmatoday had an article about the tragic incident involving Etienne Adams, a 93-year-old nursing home resident.  His solo walk outdoors on a freezing night is the subject of a police investigation.  Luckily, the resident is in stable condition at Thibodaux Regional Medical Center after recovering from a fall outside Lafourche Home for the Aged and Infirm.  He is being treated for extended exposure to freezing temperatures. He was unconscious when police found him, and he has been unable to communicate since. Hypothermia had begun to set in.  His temperature dropped to around 83 degrees, while being exposed to outdoor temperatures in the high teens

Police investigators are trying to determine how Adams made it outside without any of the staff noticing and then stayed there without anyone noticing for hours. Officials are not certain how long he was outside of the home.

The nursing home has working security features available that include surveillance cameras, door alarms and a locked fence around the building.  Obviously either the security was not on or it was ignored by the staff.  There is also no video surveillance footage of Adams leaving his room. The nursing home's cameras capture only what it is happening in real time but do not record.

Adams left the facility and fell off of a ramp outside the facility.  There is no record of nursing-home employees looking for Adams outside once they realized he was not in his room.  After being dispatched to the nursing home on a missing-persons complaint, police found Adams on the ground near the back of the property.  Officer David Melancon’s report said “it was apparent that he had been lying on the ground for several hours.

 Here is a follow up article from the DailyComet on the investigation. 
 

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Illinois Task Force Proposals

The Chicago Tribune had an article about the weak and disappointing proposals to improve safety and the quality of care in nursing homes.  A panel appointed by Gov. Pat Quinn proposed  an array of sweeping reforms designed to end the chronic violence and abuse that plague some nursing homes, while fostering better treatment for people with serious mental illness living in those facilities. The proposals range from tightened criminal background checks of new nursing home residents to stronger sanctions and enforcement of facilities with chronic safety breaches.

Quinn's Nursing Home Safety Task Force also recommended that state police begin searching nursing homes for residents with outstanding warrants, and urged the state to increase minimum staffing requirements of the facilities to bring them up to standards spelled out in federal government studies on nursing home care.  "Urge"?  Why don't they propose specific hours per patient day?

 

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Guilty pleas for abuse get community service

The Richmond Register had an article about three employees who were arrested, indicted, and plead guilty after a family placed a hidden camera in their mother's room.  Valerie Lamb (one of three employees of Madison Manor nursing home indicted for abuse of a patient) pled guilty in Madison District Court to one count of misdemeanor abuse of an adult.  Judge Earl-Ray Neal accepted the state recommended sentence of a two-year diversion program that includes 50 hours of community service.  Lamb’s community service may not involve work with children, vulnerable adults or any program funded by Medicaid or Medicare, according to the judge’s order. She also must remain drug free and commit no other criminal violation.

Lamb was indicted after the family of Armeda Thomas suspected their loved one was being abused at the nursing home and planted a hidden camera to record her care in August 2008. The indictment accused Lamb of reckless abuse and neglect of an adult by “lifting Thomas by her neck and by highly raising her legs when she performed incontinent changes resulting in pain or injury to Ms. Thomas.”

Another defendant in the case, Jaclyn Dawn VanWinkle of Richmond, also pleaded guilty to misdemeanor charges and received a similar sentence. VanWinkle later was indicted on rape and sodomy charges for allegedly having sex with a 15-year-old boy.

A third defendant in the Madison Manor abuse case, Amanda Sallee of Richmond, is scheduled to stand trial March 15 in Madison Circuit Court on charges of wanton abuse of an adult.  The indictment of Sallee accused her of denying Thomas food between Sept. 1 and Sept. 5, 2008, and eating the meals herself.  Wanton abuse or neglect of an adult is a Class D felony punishable by up to five years in prison if convicted. Reckless abuse or neglect is a Class A misdemeanor punishable by up to a year in jail.

Sexual Assault at Pine Meadows

The Jacksonsun ran an artilce about Sedric "Yakk" Joy who admitted to police that he went into a nursing home patient's room and committed a sexual act, according to an affidavit.  Joy is charged with sexual battery in the incident and is being held on $50,000 bond.  The affidavit says police received a complaint on Dec. 26 of a possible rape at the Pine Meadows Healthcare and Rehabilitation Center.  A spokesperson for the nursing home refused to say why Joy was at the nursing home or how he got into the victim's room.

The victim's roommate told a nurse that a man came into the room and attempted to undress the victim.  The man then exposed himself and climbed on top of the victim. The victim, who was in a geriatric chair, is not able to carry on a conversation or defend herself due to her medical condition. Investigators went to Joy's home a short time after the initial call and questioned Joy.  Joy admitted to the incident to investigators.

Prestige Healthcare owns Pine Meadows.  Pine Meadows is a skilled nursing facility licensed for 134 patients.

 

 

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