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?

 

27 "preliminary recommendations" will be refined before a final report is delivered to the governor. Quinn's task force was formed in response to a series of Tribune reports on assaults, rapes and murders in the state's nursing homes. Illinois as most states, extensively mixes geriatric and mentally ill nursing home residents, and understaffed facilities have failed to treat and monitor their most violent patients, government records show.

Mark Heyrman, a University of Chicago Law School professor and chair of public policy for Mental Health America of Illinois, was more cautious, saying the recommendations "do not go far enough. ... We are concerned that, once the media attention dies down, the state will be under renewed pressure not to enforce either the old laws and rules or the new ones proposed by the task force."

The task force recommended that the state Department of Public Health hire additional nursing home inspectors and retrain its current inspectors to focus on safety and care issues involving the mentally ill. Although mentally ill people, if given proper treatment, are no more likely than others to be dangerous or to commit crimes, many facilities provided grossly substandard care, the Tribune found. Many of the psychiatric patients are clustered in a relatively small subset of nursing facilities whose impoverished residents have few other options, and the paper's analysis showed the homes with the most felons had the lowest nursing staff-to-patient ratios.

Among the reforms that might be put into place fairly rapidly are a tightening of criminal background checks and screenings of people entering nursing homes. The Tribune's review of confidential case files showed the state's criminal background checks on new residents were riddled with errors and omissions that grossly understated their criminal records and danger to others. Some of these poorly screened offenders went on to commit assaults and other serious crimes inside the homes where they lived.

The task force recommended more detailed assessments to gauge people's potential for engaging in violent behavior, and said the criminal checks should be started before people are admitted to facilities. Also, the task force urged the state to sanction homes that do not promptly complete the screening reports.

The Health Department should get greater authority to revoke the licenses of nursing homes that repeatedly violate state safety regulations, the task force said. And government agencies should mete out more severe sanctions on nursing home administrators and top employees who engage in misconduct.

The Tribune reported that frail and elderly residents often were pumped with powerful anti-psychotic drugs without their consent and without a proper diagnosis. One of the nation's most prolific prescribers of psychiatric drugs provided assembly-line care for thousands of mentally ill patients housed in Chicago-area nursing homes -- while a large pharmaceutical company paid him to promote the drugs despite doubts about his credibility.

 

Health Care Reform Bill includes new rules for nursing homes

NCCNHR (formerly the National Citizens' Coalition for Nursing Home Reform) is a 501(c)(3) nonprofit membership organization founded in 1975 by Elma L. Holder to protect the rights, safety and dignity of America's long-term care consumers.   NCCNHR issued the following Bulletin:

The health care reform bill passed by the House of Representativesbefore includes not only sweeping health insurance reforms but also nursing home transparency, criminal background checks on long-term care workers, and a voluntary payroll deduction system that would provide benefits for long-term care services. The bill, H.R. 3962, the Affordable Health Care for America Act, can be downloaded at http://thomas.loc.gov.

 

As expected, the bill includes-without amendment-nursing home transparency provisions requiring:

1)  Public disclosure of individuals and entities that own, govern, operate, finance, provide services to, and/or control the nation's nursing homes.

2)  Compliance and ethics programs and internal quality assurance programs in nursing homes, and pilot projects to test ways to improve oversight of chains.

3)  Collection and reporting of staffing information based on payroll data, including hours of care per resident day, turnover and retention rates, and facility expenditures for wages and benefits.

4)  A review of Nursing Home Compare and addition of information about sanctions against facilities and the number of adjudicated crimes occurring in them.

5)  A categorical breakdown of expenditures on cost reports to show how much facilities spend on direct care versus other expenses.

6)  An improved state complaint process to help protect complainants against retaliation.

7)  An increase in federal civil monetary penalties and a process to hold CMPs in escrow during appeals (although only after an independent informal dispute resolution process was completed).
8)  Adequate notification when facilities decided to close, including the option for the government to continue reimbursement until relocation was achieved.

9)  Training of nursing assistants in dementia care and abuse prevention.

10)  The bill would authorize a program of national criminal background checks on all long-term care workers who have access to residents or patients--from those who provide in-home long-term care services to nursing home employees.

H.R. 3962 also incorporates the Community Living Assistance Services and Supports (CLASS) Act to create a national voluntary social insurance system through which enrollees who became disabled (after paying into the system for at least five years) could purchase community-based long-term care, services or supports. Nursing home residents who were Medicaid beneficiaries could retain 5 percent of their benefit, in addition to their personal needs allowance, for their personal use while the remainder was applied to the cost of their care. (See page 1562 of the bill.)

 

Last-minute efforts to add the Elder Justice Act to H.R. 3962 were not successful. The EJA is in the health care reform bill passed by the Senate Finance Committee.

 

 

 

Penalties for hiring banned nurse

WCAX.com reported that two Burlington nursing homes were hit with big fines for having an unauthorized employee. Federal prosecutors say the Burlington Health and Rehab Center and the Starr Farm Nursing Home both hired a nurse who had been previously banned from working in facilities that receive federal health care funds, like Medicare. Such bans often result from fraud convictions, though prosecutors did not release specific details about the employee.

To settle the case with the government, Burlington Health and Rehab paid $175,000 in penalties. Starr Farm paid $40,000. 

How could this happen?  Didn't the nursing homes do the standard background check?  I wish they gave details of why the nurse was banned from working at a nursing home.

 

Is there an epidemic of sexual assaults in nursing homes?

UGH!  Another article about a nursing home employee sexually assaulting one of the resdients.  I can't believe how often this happens.  This story comes from the Salt Lake Tribune.  An employee of Hillside Rehabilitation Center nursing home is accused of sexually abusing an elderly patient with Alzheimer's Disease.  Clifford Ray Holt was charged with one count of second-degree felony forcible sexual abuse of a 62-year-old resident.   Holt led the woman into a room, told her "this is my place" and started massaging her shoulders once the door to the room was closed. He then grabbed the woman's breast aggressively enough to cause a bruise.

Court records show Holt pleaded guilty to burglary of a vehicle, a Class a misdemeanor, in March 2006, and was sentenced to serve a year in prison. He also pleaded guilty to burglary of a vehicle in 1997 and 1999. How did a felon get a job at a nursing home?  Why didn't they do a background check?  Who was supervising this guy?  I hope the nursing home answers these questions.

 

 

Nursing home employee steals from resident

WPTV.com had a story about another nursing home employee stealing from one of the residents under her care.  Natasha Petit-Homme has been arrested for stealing over $2,300 from an elderly victim under her care according to Florida Attorney General Bill McCollum. According to the attorney general the victim was an elderly resident of Woodlake Nursing and Rehabilitation Center, in West Palm Beach. Petit-Homme was employed as an admissions clerk.

The news release says while working at the facility, Petit-Homme gained access to the victim’s checkbook, wrote herself a check totaling $2,341, and deposited the funds into her personal checking account without permission.

Petit-Homme is charged with one count of exploitation of an elderly person, a third-degree felony. She faces up to five years in prison and a $5,000 fine if convicted.
 

Thefts and stolen identities seem to be increasing during the recession.  I hope residents' families keep track of checkbooks, and check credit reports of residents.

Nursing home employee steals resident's identity

WLKY.com had an article about the Louisville Metro Police's investigation of a nursing home employee who stole the identity of a patient, then turned around and took out nearly $100,000 in loans.  Danielle McClain faces at least a dozen counts of aggravated identity theft.  McClain was an occupational therapist at the Hurstbourne Care Center at Stony Brook.  She stole 85-year-old Jean Wright's personal information.  Wright spent six weeks at the facility after bypass surgery on her leg.

The investigation determined McClain had stolen Wright's information off her driver's license and from conversations the two had in the facility.  Records show McClain listed Wright as her grandmother on loan applications.  If convicted, McClain could face at least 20 years behind bars.

Records show McClain was convicted of forgery, theft, and criminal possession of a forged instrument in September 2000 and sentenced to 6 years in prison. Those records show she was released from prison in October 2007.  There is no explanation how she got hired at the nursing home.  It is doubtful the facility did any criminal background check.  If the facility had done an appropriate and required background check, this incident never would have happened.

Identity theft in nursing homes

WTOC in Savannah, Ga. had a story about a nursing home employee charged with elder abuse and stealing the identities of as many as 40 residents from nursing homes.  Police say Tamara Smith used her job as a certified nursing assistant to gain access to patients' personal information. She is accused of using the information of 43 former and current nursing home residents to buy computers, cell phones, and open credit cards. The victims range in age from 60 to as old as 100.

For every victim over the age of 65, Smith is being charged an additional count of elder abuse.  "You wonder how someone can do this to people in nursing homes who have nothing at that point in their life anyway," said Thunderbolt police chief Irene Pennington. "She had been getting away with it, but it took good investigations to catch up with her."  I certainly don't agree with Chief Pennington's comments that residents "have nothing at that point in their life anyway."

The investigation started 15 months ago after a single complaint to police from one resident's family. The number of victims continues to grow and more arrests are expected.

How could this happen?  Why didn't the Administrator realize what was going on? 

Another tragic rape at a nursing home

STLtoday.com had a tragic story about the rape and abuse of a resident at the hands of a nursing home employee.  Why aren't these people checked and supervised?  How can this happen to the most vulnerable citizens?  How many others were raped and abused by this villian?  Was a criminal background check done?

The accused employee was a former janitor at a nursing home in Normandy. He has been accused of raping an elderly resident. Santonio McCoy of St. Louis is charged with forcible rape. He is accused of attacking a woman at the home.

McCoy turned himself into Normandy police on Wednesday last week. He is being held in lieu of a $200,000 cash bond. McCoy had worked at the nursing home for about a year, Madigan said. The attack was interrupted when three workers at the home walked by.
 

Nurse steals narcotics from residents

Vermont's WCAX.com had an article about another employee of a nursing home stealing resident's pills.  There seems to be an epidemic of nurses stealing narcotics and other medications to ingest or sell on the black market.  Should they routinely drug test nursing home workers? 

Dawn Ash was indicted for possession and theft of the narcotics. She worked as a nurse at a New London, N.H., nursing home.   Investigators suspect her of stealing Percocet and Vicodin from residents at the William P. Clough Center. It's a 58-bed nursing home attached to New London Hospital.

Last April, shortly before she was hired at the Clough Center, the state of Vermont suspended Ash's nursing license. She was accused in Vermont of illegally obtaining regulated substances with false prescriptions.
 

How in the world was she hired at a nursing home? Why didn't the nursing home check to make sure she had a license?  I wonder how many residents had to suffer in pain because this nurse took their pain medication.  I hope they throw the book at her.

RN hired by nursing home despite conviction for drug theft and distribution

The PostStar.com had an article about a registered nurse working at a nursing home despite being convicted and sent to prison for selling prescription drugs he stole from the hospital where he had worked.  How could he keep his license?  Why would a nursing home hire him for a job where he could steal drugs again?

Bradley Winslow is on parole until August 2009, and said Tuesday he did not lose his nursing license, and was not disciplined by the state, for the January 2007 conviction for third-degree criminal sale of a controlled substance.

He said he "fully disclosed" the conviction when applying for a job at the nursing home, and that the nursing home was aware of his conviction when they looked into his background.

Winslow was a nurse at Saratoga Hospital when he was arrested in July 2005 on charges he sold stolen morphine to an informant for the state Department of Health. He had taken the morphine while working at the hospital. The informant was a doctor who later died of a heroin overdose.

Winslow said he was not disciplined by the state, a comment that was corroborated by the Web site of the state Office of Professions, which lists disciplinary actions against licensed professionals in New York, including nurses. His name is not included among those subjected to disciplinary cases.

Jane Briggs, a spokeswoman for the state Education Department, which oversees the Office of Professions, said the agency could not discuss Winslow’s disciplinary history because it was "pending." She could not explain why the matter would still be "pending" 23 months after he was sent to prison, though.

 

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