South Carolina Nursing Home Blog

South Carolina Nursing Home Blog

Nursing Home Information & Litigation

Tag Archives: care

AARP Briefs on Arbitration

Posted in Arbitration
AARP reported that AARP filed briefs in two cases arguing that signing a health care proxy regarding end-of-life decisions does not waive a nursing home resident’s right to have a jury decide his or her case.  The two disputes are now on appeal. Attorneys with AARP Foundation Litigation filed AARP’s friend-of-the-court briefs in both cases… Continue Reading

Pioneer Accountable Care Organization program

Posted in Advocacy
Politico reported on a pilot program in ObamaCare. In an experiment under the Affordable Care Act, the Pioneer Accountable Care Organization program, were all able to improve patient care. Some were even able to lower Medicare costs.  The program’s results are similar to results found in the private sector, says Mark McClellan, former CMS administrator. The… Continue Reading

Substandard Care is the New Normal

Posted in Regulatory enforcement
In a recent report in Wisconsin, 40 nursing homes have been listed as having a ‘substandard quality of care.’  See article at WAOW.  This tag comes with additional federal scrutiny on the homes, many of which have a history of violations and citations. Some were even on the list in 2011, marking them as consistently… Continue Reading

Lawsuits Improve Health Care

Posted in Tort Reform
The NY Times reported on a new report that indicates that lawsuits improve the quality of health care because providers learn from their mistakes. "New evidence, however, contradicts the conventional wisdom that malpractice litigation compromises the patient safety movement’s call for transparency. In fact, the opposite appears to be occurring: the openness and transparency promoted by… Continue Reading

Fundamental Sells 2 Facilities

Posted in Trial themes
The Nashville Post reported that National Health Investors has paid more than $26 million for two skilled-nursing homes in the Dallas area. Murfreesboro-based NHI bought the facilities from Fundamental Long Term Care Holdings, which runs care centers in more than a dozen states around the country.  NHI funded its purchase with from borrowings from its… Continue Reading

Bills to Improve Staffing and Safety

Posted in Advocacy, Staffing
Hundreds of Pennsylvania nursing home workers recently gathered in the State Capital to support three proposed bills that would increase standards.  Pennsylvania Senate bills 624, 625 and 626 would require nursing homes to meet a minimum level of nurse aide staffing, report turnover and staffing levels to the Department of Health, and spend a minimum amount… Continue Reading

Increase Staffing in Kansas

Posted in Staffing
The Consumer Voice released the testimony of Mitzi E. McFatrich, Executive Director of Kansas Advocates for Better Care on HB 2348 to increase nursing staffing minimums in nursing facilities. "My name is Mitzi McFatrich and I am here today to speak up for increasing the hours of nursing care received by older adults living in nursing… Continue Reading

Comfort Care

Posted in Advocacy
ElderBranch issued a press release about palliative care at nursing homes.  Nursing homes largely do a poor job when it comes to palliative care today.  According to the Center to Advance Palliative Care, half of nursing home residents suffer from untreated pain. Comfort care and symptom management are lacking and hospice is under-utilized. With as… Continue Reading

Health Care Spending Flattens

Posted in Advocacy
USA Today had an interesting article on health care spending since enactment of ObamaCare.  In the four years leading to expanded health insurance, the government has used authority in the Patient Protection and Affordable Care Act to try to reshape the economics of health care through regulation and financial incentives. That appears to be keeping a… Continue Reading

The Price of Emergency Care

Posted in Advocacy
The price tag of American medical services has been increasing for years, but this new study finds that the price for an average ER trip has become more than what some people spend on rent.  A new NIH study found that the average cost of an Emergency Room visit was over $2000, 40% more than… Continue Reading

Warning Signs of Neglect and Abuse

Posted in Trial themes
MSN Healthy Living had an article on the 9 warning signs of bad care.  Below is a summary. 1. Marked emotional or physical changes. Look first to your loved one. You should be concerned if she is less able to function as usual, has stopped taking part in activities, or has become withdrawn and uncommunicative.… Continue Reading

Increasing Staffing Ratios

Posted in Staffing
Kaiser Health News reported on the debate on staffing levels in a bill modeled on a California law that would require health care providers to maintain a minimum nurse-to-patient ratio at all times.  Nurses, consumer advocates, and health care experts agree that the Patient Protection Act codifies into law minimum staffing levels that are needed to maintain… Continue Reading

Skilled Healthcare Settles on Staffing

Posted in Staffing
The L.A. Times reported on the recent settlement between California and Skilled Healthcare Group Inc.  Skilled had violated dozens of regulations over poor patient care.  According to AG Harris’ office, the state Department of Public Health issued 76 citations to the company’s nursing homes from 2008 to 2012. They alleged that patents had been subjected… Continue Reading

Healthcare Spending Declines

Posted in Medicare
The New York Times reported "a sharp and surprisingly persistent slowdown in the growth of health care costs is helping to narrow the federal deficit."  The Congressional Budget Office said health spending growth continued at its lowest rate in decades.  In figures released, the Congressional Budget Office said it had erased hundreds of billions of… Continue Reading

Schron Wins Appeal for FLTCH

Posted in Nursing home cases in the news
The New York Law Journal reported recently that Fundamental Long Term Care Holdings, L.L.C. and its owner/members Murray Forman and Leonard Grunstein lost the appeal of the Court Order upholding the option giving Rubin Schron 1/3 ownership interest in Fundamental and all the nursing homes they operate.  The Order stated: ‌This lawsuit is one of… Continue Reading

Maine Staffing Issues

Posted in Staffing
Here is another article explaining how staffing at nursing homes affect the quality of care.  See Maine Sunday Herald.  The article discusses one facility in which the staff of 130 full- and part-time workers often do double duty, but they don’t get paid overtime.  Many of them do not have health benefits either.  The facility… Continue Reading

West Virginia Supports Right to Jury Trial

Posted in Arbitration
The Daily Mall reported the ongoing battle between the West Virginia Supreme Court, the U.S. Supreme Court and the nursing home industry attempting to take away resident’s right to a jury trial by hiding pre-dispute mandatory arbitration clauses in admission paperwork.  Critics argue the arbitrators are beholden to the companies that give them repeat business. "The state’s… Continue Reading

Resident not bound by arbitration clause

Posted in Arbitration
 The West Virginia Supreme Court of Appeals held that a resident’s family may make health care decisions for persons not able to do so under the state’s health care surrogates statute, but that agreeing to arbitration is not a "health care decision" of the sort authorized by the statute.  The resident is not bound by… Continue Reading

NHC Acquisition

Posted in Trial themes
 The Tennessean reported that the national for profit chain National HealthCare Corp. agreed to buy six nursing homes — including three in the Nashville area — for $21 million from a related entity and its biggest landlord, National Health Investors.  NHI was created in 1991 to own NHC properties and has since expanded to owning other medically-related… Continue Reading

Schron denied Audit of Fundamental

Posted in Trial themes
 The New York Law Journal reported on the continuing saga regarding ownership of the national for profit chain of nursing homes known as Fundamental Long Term Care Holdings, L.L.C.  Murray Forman and Leonard Grunstein are the principals who own Fundamental and the affiliates that operate the facilities including Fundamental Administrative Services, Fundamental Clinical Consultants, Fundamental… Continue Reading

Does ObamaCare Deserve Credit?

Posted in Advocacy, Medicare
Several media outlets have reported that national health spending has remained stable as a share of the economy since Obamacare was enacted.   Spending increased overall to $2.7 trillion in 2011, or an average of $8,700 for every person.  The rate of increase in health spending, 3.9 percent in 2011, was the same as in 2009… Continue Reading

Life Care Centers of America

Posted in Medicare, Nursing home cases in the news
 Court documents unsealed today show that the federal government is investigating Life Care Centers of America, whose headquarters is in Cleveland, Tenn., for a suspected nationwide Medicare fraud scheme.  The documents allege that the company, which has more than 200 facilities in 28 states, has instituted a policy of Medicare up-coding and unnecessary therapy treatments… Continue Reading

Management Companies Siphon Money

Posted in Staffing, Trial themes
California Watch reported that a recent lawsuit claims that State regulators allow nursing home companies to siphon money away from patient care to pad corporate profits. Russ Balisok brought the suit seeking to invalidate parts of state law that allow nursing facilities to contract out their own management. The suit targets Country Villa Health Services, which… Continue Reading

Robots to Replace Nursing Home Care

Posted in Advocacy
New technology options including in-home robots will help keep vulnerable adults from nursing homes.   Rethink Robotics sells Baxter, an industrial robot, for $22,000 and could be adapted for new markets including geriatric care. Speaking at the Techonomy Conference last week, ReThink’s founder Brooks said: “I think absolutely elder care is going to be an incredible pull… Continue Reading