Nursing Home investigated for Abuse

The Winston-Salem Journal had an article about Clemmons Nursing and Rehab Center possibly losing the ability to be reimbursed by Medicaid and Medicare for failing to follow OBRA regulations and other standards of care.  Clemmons is facing federal and state claims that it isn't properly caring for residents after investigators found that employees injured a patient by carelessly picking her up out of a wheelchair and throwing her onto her bed.  The state's investigation cited concerns about residents' physical and mental health and said the nursing home failed to comply with its policies and procedures, such as filing timely reports on incidents.  The center also was cited by the state for not properly observing residents' medication regimens and not properly cleaning some female residents' genitals.

Medicare may no longer make payments to the center for new inpatient services, and would only make payments for up to 30 days for patients admitted before June 19.  However, federal and state agencies have in the past extended the compliance deadline, depending primarily on whether the facility shows initiative in addressing deficiencies.

Clemmons is operated by Forsyth Health Investors LLC. The center has 120 beds and 71 residents.  The center also received a notice, dated June 1, that its state certification was in immediate jeopardy. 

The state agency recommended to Medicare that the center be fined a civil penalty of $10,000 for each incident.  A survey by the federal Medicare and Medicaid agency, released in December, gave the center two out of five stars, with five being the highest. The rankings focus on three categories -- health inspections, staffing and quality measures.

See full report here.

Criminal Liability

The Supreme Judicial Court of Massachusetts made a horrible decision by rejecting the Attorney General's attempt to prosecute Life Care Centers of America for the death of a resident.  See article from The Boston Globe here.  In 2007, Coakley’s prosecutors convinced a Middlesex grand jury to return a manslaughter charge against Life Care, a Tennessee-based operator of nursing homes nationwide.

Life Care Centers of America was charged with manslaughter because numerous employees willfully violated the standard of care by failing to safeguard a resident who died when she fell down steps after her wheelchair overturned.  McCauley was unsupervised in her wheelchair at 7 a.m. without an alert device on her wrist that closes the facility’s doors.  The Globe reported in 2007 that McCauley had a habit of wandering away. Doctors ordered her to have a device put on her wrist that sets off an alarm and closes the center’s doors when patients get near them. She apparently wheeled herself through the double doors and fell down eight steps.

The Attorney General attempted to hold Life Care Centers of America criminally liable for the “aggregate actions’’ of all the employees she said played a role in the failed care of Julia McCauley.  “A corporation may be criminally liable for the crimes alleged here only where at least one of its employees could be found individually liable for the crime,’’ Justice Judith Cowin wrote for the court.

The SJC ruling does not end the criminal case because Coakley may be able to pursue a manslaughter prosecution on a different legal theory — that the actions of a single supervisor caused the woman’s death.

 



 

Lack of end of life programs in nursing homes

McKnight's had an article about end of life programs in nursing homes.  Fewer than one in five nursing homes provide end-of-life care services, according to new research from the American Association of Homes and Services for the Aging.   However, any expansion would have to deal with the "death panel" demagoguery.  These programs are necessary to assist residents and their families regarding their rights to end of life decisions.

As many as 25% of all deaths occur in the U.S. occur in a nursing home, according to the report from AAHSA's Institute for the Future of Aging Services.  Despite this, less than 20% of nursing homes offer end-of-life programs. Nursing homes were more likely to participate in end-of-life programs if they also offered specialty programs for hospice, pain management or dementia care, according to the report.  

There is also a link between staff training in end-of-life care services and a facility's participation in end-of life-programs, the report showed. Providing appropriate staff training may be the key to expanding program participation, according to Helaine Resnick, director of research at IFAS. The research was published in the online version of the American Journal of Hospice and Palliative Care Medicine.
 

Staff retention and resident longevity: Are they related?

Long Term Living posted a response to a question submitted to their site on turnover rates and resident longevity/mortality.  It is a great question and the answer was interesting by Susan D. Gilster and Jennifer L. Dalessandro

A reader asks, “Is there a correlation between nursing staff length of service and resident longevity? 

 While we cannot point to a specific piece of research that specifically correlates resident longevity to staff retention, what we do know is that consistent staff and low turnover does result in better care and enhanced resident, family, and employee satisfaction.

 

Turnover and the impact on residents in assisted living and long-term care have been studied. Nicholas Castle (2007) measured the effect of administrator turnover on the quality of care and determined that leadership turnover leads to many negative outcomes for residents.1  He found that when there is a loss of an administrator there are increasing pressure ulcers, resident catheters and use of psychoactive drugs, deficiencies and citations, and over twice the normal turnover of staff. Sadly, the turnover for administrators in assisted living and long-term care ranges from 43%-70% annually. When an administrator leaves, so does staff—RN turnover rises to 76%, LPN’s to 78%, and certified nursing assistants to 107%!  In addition, turnover often results in increasing workloads for the remaining staff. And it is expensive. An average community housing 200 residents often spends as much as a million dollars per year on staff turnover.

 

It is clear that staff turnover influences the quality of care, is very expensive, and diverts monies that could have otherwise been spent on care.1 Turnover truly weakens the level of care provided and directly affects residents. Changes in staff distresses residents who develop relationships with caregivers, relying on them for recognition, support, and kindness—only to find that they are gone and a new person has taken their place. Can you imagine, when you are most dependent upon another human being for care, seeing that your needs are addressed and desires met and suddenly they are gone? Now you have to rely on a stranger who may or may not care to know you as a person, ensure that your needs are addressed, or be there when you call?

 

It is important for those of us working in assisted living and long-term care to remember that we are in the “people business,” and that our product or service, so to speak, is about meeting the needs of people, long term. Unlike acute care settings where time is often limited, long-term care offers the opportunity to meet and know the residents we serve and their families. Human relationships are special and it does not really matter where people come from, what they have experienced, where they live or play. People are all the same at the core. We all need respect, a sense of belonging, to be included, appreciated, valued and loved in order to survive. Consistent, knowledgeable, caring staff that has come to know the resident as a valued person and not a task will provide the kind of care that encourages a desire to live and nurture relationships with others. Regardless of the resident’s ability to participate, being with people each day is what makes life worth living.

 

Consistency creates a positive environment for staff as well, who enter this field with a desire to serve and genuinely care for others. Encouraging relationships means that leadership must allow for consistent staffing as well as value and reward employees for the good work they do. Leaders must allow employees the time to visit with residents and families, to know them personally, their life, their experiences, accomplishments, needs, and desires. Whether expressed from the resident or shared by the family, staff needs to hear the stories and experience the resident’s reactions and emotions directly. Staff should come to know the resident from many perspectives, and when they do it is a beautiful experience where everyone benefits.

 

It does not, however, happen by chance. Staff and resident longevity exist when leadership and staff value relationships and respect. This is found only in an organization that is committed to a vision and philosophy of service, where the vision lives in the daily life of all in the facility.

 

References:

 

1. Castle, NG; Engberg, J; Anderson, RA: Job satisfaction of nursing home administrators and turnover. Medical Care Research and Review 2007; 64(2):191-211.

 

How litigation improves quality of care

PressConnects.com had a great article affirming the need for litigation; the article explains how a lawsuit initiated a change in policy and quality of care at several nursing homes.  The change was a result of the Rockfrod Incident.

Ortiz, bed-ridden from dementia, was a patient at a Rochester nursing home. His son, Felix Ortiz, suspected that his father was being neglected.

"I would walk into the nursing home and some of the workers were just sitting around, looking at their Avon books and not going into patients' rooms," Felix Ortiz said. "In my dad's room, it smelled like feces and urine. When you've been around your loved one all your life, you can tell what he's thinking, and I could see in his eyes that something wasn't right. There was a sadness."

In the spring of 2005, Ortiz's family authorized the state Attorney General's Office to install a hidden surveillance camera in his room. It documented that Ortiz wasn't being turned every two hours to prevent pressure sores, wasn't being given proper hydration, and was left lying for hours in his own waste while caregivers made bogus notations on his chart that proper care was being provided.  An investigation showed that supervision at the nursing home was so lax that employees who were supposed to be delivering care in some cases were sleeping, smoking, watching movies and leaving the nursing home for personal reasons while on the clock.

Eventually, 14 employees were convicted of criminal charges for falsely attesting that they had provided care to Ortiz, who died in June 2006. But his case now has a far-reaching effect on other nursing home patients across New York.

Under the settlement of a civil lawsuit brought by the Attorney General's Office against the company that formerly owned the nursing home, nine other nursing homes from Buffalo to the Bronx owned by the same company will install electronic point-of-care devices that require employees to document care as it's delivered, generating a central computer record to verify the care.

Point-of-care technology uses electronic devices to allow health-care facilities to record services, such as the dispensing of medication or the turning of bed-ridden patients, in real time. The information is used to create electronic medical records not only for patients' medical charts, but to help generate billing information for medical insurance. The point-of-care systems "will help insure that documented, consistent, high-quality care is given to each resident and allow us to capture care data in nearly real time and alert supervisors when a step is missed," the company said in a statement.

"Point of care is essential to the preparation and maintenance of electronic medical records, which will be an important step in delivering care across the entire spectrum of care requirements from doctor visits to nursing homes to critical-care facilities."
 

"Our loved ones who reside in such facilities deserve to receive the best care possible," Cuomo said in a statement. "This settlement helps revolutionize these homes to prevent patient abuse and neglect."

All nursing homes should be required to install electronic point-of-care devices in every patient's room.  The new system will allow caregivers to record resident information in their rooms instead of having to walk back to their station, thus saving time. The less time they spend with paperwork, the more time caregivers can spend with patients,  Many hospitals and some nursing homes currently use the technology. 

Felix Ortiz said the settlement is a tribute to his father, a retired factory worker and laborer who was known to his family for his physical strength. "He would be proud," he said. "To be part of a whole new revolution, saving lives and helping people -- that's the ultimate right there."

 

 

 

 

 

 

 

SunWest Management fined $8 million

Oregonlive.com had an article about the $8 million in fines Oregon issued against Sunwest Management, several of its affiliates and former CEO, claiming the chain of assisted living centers misled investors, lied about the true condition of the company and used unlicensed salespeople to sell unregistered securities.

The Oregon Division of Finance and Corporate Securities issued civil penalties of $4.2 million against Jon Harder, co-founder and former CEO of the Salem company. It also levied fines of $3.8 million against Sunwest and several of its affiliate companies.  However, Oregon will hold off on collecting the money as long as Harder and the companies comply with the terms of any agreements or orders issued by U.S. District Court or the receiver appointed to oversee the case in March, after the U.S. Securities and Exchange Commission sued Sunwest and Harder making many claims similar to the state's.  Harder and his team formed a company for each of the nearly 300 assisted living centers it acquired or built. Numerous subsidiary companies controlled by Harder offered other services. If the state actually recovers any money from Harder or the Sunwest companies, it intends to put the money into a restitution fund for investors.

 

 

 

ACHCA gives award to LCA founder

The American College of Health Care Administrators (ACHCA) is a defender and apologist for administrators of nursing homes.   The ACHCA gave their Excellence in Leadership Award to Forrest Preston, founder and chairman of Life Care Centers of America saying he has "made a great impact on long-term care . . .."   With all the well-publicized problems with facilities operated by Life Care Centers of America, it is incredible that anyone would give this crook an award.  See press release here.

The ACHCA has lost any credibility that others might have thought they should have by giving an award to the chairman of Life Care Centers of America.  Preston has been an active supporter of ACHCA for more than two decades, directing all Life Care executive directors to become paid members of ACHCA and to achieve certification through this organization.

 

“Life Care Centers of America sponsors an average of 40 people annually to become licensed administrators through its administrators-in-training program,” said Guy Crosson, board member of ACHCA and executive director at Life Care Center of Red Bank in Chattanooga, Tenn.

 

Life Care Centers of America

Below is an email i recieved from an ex-employee of Life Care Centers of America.  I have redacted certain personal information to protect her.

Comments: To Whom it May Concern,

I'm a former employee of Life Care Center of Sandpoint located in Sandpoint, Idaho. I ended my employment with Life Care. I found an interesting article on the internet by an Attorney in California on the operations of 13 different Nursing Homes. It had to do with abuse, neglect, fraud and other types of bad business conduct.

I was employee at Life Care for 6+ years and worked in the Marketing & Admissions process for approx 3-4 months. I did not do that job for very long because I felt I was lying to the families about the wonderful care resident's were to receive. I would walked down the halls and find residents not positioned in their wheel chairs properly, uncombed hair, dirty faces, needless to say unshowered for a week at a time! I soon went back to the floor as a C.N.A. to take care of the people.

And yes lots of times the facility were I worked was short staffed, many of the Resident's needs were not being met. Needless to say when it came time for employees to take their vacation they were denied because there was no coverage.   So many had to find their own coverage!  Which was one of the benefits for working for such a Company is Paid Vacation days. It is a bitter
subject for me being they have not paid me of my Vacation days acquired.

Anyways about Life Care and their Policy. They have an electronic system to record all of the Cares done for the Resident' by the CNA'S.  Which it seems to me a big cover up to blame their business practices on the CNA's there. Also they have another system called IDA which records all the incident of residents. It is such a clever thing to have this system . But what it does is steal the Care from the Resident's while you sit and do all your charting at a computer for a 1/2 hr to an Hour. The managers have so many meetings that they can't even get their own work done! And on and on it goes. May main concern is for the resident's in those places. They lose everything they worked for!
 

6 Tips to Help You Protect a Loved One in a Nursing Home

We are pleased to have Hannah Watson write a guest blog today on how to protect your loved one in a nursing home.

While there are some truly great, caring nursing homes out there, the reality is that many older Americans are at risk of abuse in these long term care facilities. In fact, according to the American Psychological Association, every year an estimated 2.1 Million older Americans are victims of physical, psychological or other forms of abuse and neglect. If you want to learn to keep your loved one safe then follow these tips to help ensure they get the help and support they need to stay well-cared for and happy.

1. Research the nursing home before placement. Before you ever place a loved on into a nursing home make sure that it’s going to be a good environment for them. Research others’ experiences, go to see the facility yourself and spend some time getting background on it to make sure you won’t regret your decision.

2. Monitor your loved one for injuries. One of the most obvious signs that abuse or neglect is taking place is physical injuries. While these can sometimes occur in less than sinister situations, it’s important to find out where they can from and if staff can provide reasonable explanations for them.
3. Visit often and unexpectedly. Perhaps one of the best ways to prevent abuse of your loved ones is to visit them often and vary the times at which you visit. If someone was harming your loved one, it would make it much more difficult for them to do so. Plus, you’ll be better able to monitor your loved one’s health if you see them regularly.

4. Talk to the staff at all levels. Developing relationships with the caregivers at the facility where you are housing your loved one can also be one way to not only find out just how your loved one is cared for but also help establish relationships of appreciation that can change caregivers’ attitudes.

5. Ask for all the information on your loved one’s care. It’s important to know just how much your loved one is eating, what medications they are on and the details of their daily care. After all, signs of malnutrition and other forms of abuse are much harder to spot.

6. Just ask. One of the easiest ways to find out if your loved one is being cared for properly is to ask them themselves. Assure them that you want to guarantee their safety and if you feel it’s at risk remove them from the facility as soon as possible. If they can’t talk, learn the signs of elder abuse and make sure to follow through on any suspicions.

This post was contributed by Hannah Watson, who writes about the nursing school online. She welcomes your feedback at HannahWatson84@ yahoo.com
 

Evergreen's subsidiary New Hope Care Center

The Tracy Press out of California had an article about the death of a nursing home resident caused by the neglect and negligence of the nursing home.   New Hope Care Center which is owned by the for profit corporate owner Evergreen Healthcare Companies, LLC failed to properly monitor her medication and failed to check her into an emergency room fast enough when her brain started bleeding.  Caregivers failed to keep a close eye on the condition of the patient after a doctor ordered an increase in medication to prevent blood clots. A possible side effect of the medication is excessive bleeding. Because the nursing home staff didn’t monitor a change in the woman’s condition after the doctor upped her anticoagulant prescription, the state said they missed warning signs that could have saved the woman’s life.  Days after the doctor-ordered increase in her blood-thinning medication, the woman started slurring her words and complaining of a headache.  Even though the woman woke up just a couple hours earlier, she started nodding off, waking up only to vomit.

The facility was fined $100,000 after the nursing home ignored the worsening condition of a patient.  State investigators concluded that New Hope caregivers “failed to ensure that the resident’s medications were monitored and failed to fully assess the resident or promptly notify the physician when there was a change in the resident’s condition, which resulted in the resident’s death,” according to Al Lundeen, a spokesman for the state agency. The fine levied on the nursing home is the maximum penalty the agency can impose for a “AA” citation, the harshest assessment for hospitals and nursing homes in California.

The article mentions several other complaints and investigations into New Hope.

 

 

Poliakoff & Associates, P.A., is one of South Carolina’s most respected and distinguished law firms. The Poliakoff firm began nearly 60 years ago by three attorney brothers: Matthew, J. Manning, and Bernard. With a history of believing the justice system...More...