Nursing home fails to protect resident from violent assault

San Antonio's KENS5 had an article about the investigation into a local nursing home failed to keep a violent man from assaulting a female resident.  Her family not only wants justice against Daniel Villareal, the man who choked and beat Maier, but also the Brookdale Living Center to be held accountable for leaving their back door unlocked.  The Texas Department of Aging and Disability has finished it's investigation and revealed the facility neglected to "to have a key to lock the door" and that "no headcount was taken after the alarm sounded."

They didn't even bother to check to see if the resident was okay,  We give them our grandparents and our parents to protect.  I don't think it's a hell of a lot to ask to do one thing. Lock a door.  Her past four months have included being assaulted and three major operations.  That's the thanks she gets for trusting these people.

The regional vice president for the Clare Bridge Brookdale Senior Living Center John Nienstedt, reported that no employees were fired following the incident and that they will remain open after they provided a plan of correction to the state.

 

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.

 

Increase of mentally ill in nursing homes

Here is an interesting article from the Chicago Tribune stating that mentally ill patients now constitute more than 15% of Illinois' total nursing population (92,225) and the number of residents convicted of serious felonies has increased to 3,000, including 82 convicted murderers, 179 sex offenders and 185 armed robbers.  These are troubling statistics and may explain the increases in resident to resident assaults, rapes, and molestation.  Hopefully, the nursing home industry will decide to increase staffing to supervise residents with a history of violence or criminal behavior.
The article mentions several instances where the mentally ill and the nursing homes' lack of supervision caused injuries and death to residents.

More than any other state, Illinois relies heavily on nursing homes to house mentally ill patients, including those who have committed crimes. But the Tribune investigation found that the industry has failed to adequately manage the resulting influx of younger residents who shuttle into nursing facilities from jail cells, shelters and psychiatric wards.  The state's background checks on new residents are riddled with errors and omissions that understate their criminal records, and homes with the most felons are among those with the lowest nursing staff levels.  The facilities had a financial motive for accepting them, suggested Richard Dees, chief of the state public health department's Bureau of Long-term Care. When "the number of seniors going into nursing homes began to decline, there were facilities with empty beds," Dees said.

Meanwhile, state authorities don't track assaults and other crimes in nursing homes, making it difficult to uncover patterns and address the problems caused by unstable individuals.  Police reports show that since March 2008, police reported 511 cases of assault or battery, 27 cases of criminal sexual assault and 24 narcotics violations in city nursing homes.  The Tribune documented instances in which nursing homes failed to report attacks to the state health department as required by law. At the same time, state inspectors do not compile incident reports in a central location. And because the health department's computerized case-tracking software is antiquated and ineffective, department officials have difficulty assembling and analyzing the facility reports to uncover patterns of attacks at unsafe homes, the Tribune found.

Several national studies question whether they receive meaningful psychiatric care in nursing facilities. A pending class-action lawsuit, brought by the Bazelon Center for Mental Health Law and the American Civil Liberties Union, describes some Illinois homes as filthy, frightening holding pens where "groggy" residents watch TV in crowded, noisy common areas or are directed over loudspeakers to wait for medication and meals in long lines.

 

 

 

 

Nursing home prevents mom from visiting daughter

Chico enterprise Record had a tragic story about a nursing home preventing a mother from seeing her disabled daughter.  This is clearly in violation of the Resident's rights and should not be tolerated.  Gladys McManaman says she's miserable because a nursing home has limited the time she can visit her disabled daughter.  Gladys said the nursing home's administration will only let her visit Patricia between 9 a.m. and noon and only on weekdays.

There are no exceptions, she said. She couldn't visit on Mother's Day, Easter or her daughter's birthday.  And if she stays a bit longer than the three hours she's allowed, a staff member will tell her sharply, "It's four minutes past noon — you have to go!" she said. "It's hateful."

The facility's administration is retaliating against McManaman for filing complaints about the place.  McManaman said she's lodged complaints with the state Department of Public Health about Patricia's care.  She said Patricia has had many falls and has often been neglected by the staff.   Also, the facility has not responded when her daughter has needed urgent medical care, she said.   McManaman said Patricia was born with severe disabilities.

She admits she's gotten mad at times when Patricia was neglected or given improper care at the nursing home but what mother wouldn't get mad when the facility is neglecting your child.

 "She knows me, she responds to me," McManaman said. "I would think more than anyone, they would welcome my being there so I could alert them to what her needs are."  The nursing home  prohibits her from doing just about anything for her daughter. She can't even comb Patricia's hair without worrying a staff member might come in and reprimand her.

The only thing she's allowed to do is her daughter's laundry — something the facility is happy to have her do.  McManaman recently filed a lawsuit against Riverside, hoping to win more visiting time, but she said she is frustrated at how long that is taking.

What Riverside is doing is clearly illegal, but it's done by nursing homes quite often, said Pat McGinnis, director of the San Francisco-based California Advocates for Nursing Home Reform.

McGinnis said patients' families have the right to visit whenever they want, although they don't always realize this.

McManaman said she's not in good health and, at her age, wonders how long she'll live and what will become of her daughter if she should die.

"In the last years of my life, I sure didn't expect this," she said.

 

Lack of staffing led to death and cover up

Tony Bartelme of The Post and Courier had a great article about Alzheimer's, violence, and a cover up in nursing homes using the story of Dwayne Walls. It is a tragic story and clearly preventable.  Below is a short summary of the article.  Dwayne Walls was a resident of Veterans' Victory House, a large nursing home near Walterboro, who suffered Alzheimer's.  One day, they moved Walls to another room and put a dangerously psychotic patient in his old one. His wife warned nurses that Walls would try to return to his old room. "They said they were going to really watch him. But at midnight, I got a call that he had gone to his room and gotten beaten to a pulp," she said.

One night Walls went into another patient's room and climbed in an empty bed. Moments later, another patient walked in. He was 88 years old and also had dementia.  A nursing aide saw the man hitting Walls with his cane. Walls was on the floor, bleeding and unconscious.  An ambulance took Walls to the emergency room and phoned Walls' wife, Judy Hand. That night and over the next four days, they told her that Walls had merely fallen; they didn't mention the beating. Walls spent the next week in bed, and Hand was at his side when he died.   The nursing home's doctor later would write in Walls' file that his patient had contracted fatal pneumonia after becoming "immobile," but that the beating didn't account for this immobility.

In December 2006, investigators with the U.S. Department of Justice visited the facility: Staff gave patients wrong foods and medications and too often used physical restraints to control behavior problems. They found that the facility was poorly equipped to handle combative Alzheimer's patients.

"There appears to be no formal behavior program for residents diagnosed with Alzheimer's disease, placing residents at heightened risk for the use of physical or chemical restraints to control behavior, and placing them at heightened risk of physical assault by other residents who may become frustrated at their repetitive speech or wandering," investigators concluded.

The state Department of Mental Health owns the facility but has a contract with a private company called Advantage Veterans Services of Walterboro to run it. The company is affiliated with HMR Advantage Health Systems, which is based in Easley and operates 26 nursing homes in South Carolina and elsewhere in the Southeast.

Nearly 80,000 people in South Carolina have Alzheimer's, enough to fill the University of South Carolina's Williams-Brice Stadium, and that memory loss isn't the disease's only troubling effect: More than two-thirds will exhibit some form of agitation or combative behavior.  Aggressive behavior is a normal part of the brain's breakdown, nursing homes don't hire enough people to meet the needs of these patients. Many blacklist Alzheimer's and dementia patients with histories of aggression, leaving already stressed families and loved ones with few options.

There is no cure for Alzheimer's, but doctors are zeroing in on its causes. One leading theory involves proteins. Healthy people have stringlike proteins in their brain cells that normally curl like unfurled ribbons. These ribbons help nourish the cells. But in Alzheimer's patients, these ribbons get tangled, destroying the cells in the process, along with a person's memories and functions that control behavior.

 As happens with about 70 percent of Alzheimer's patients, Walls grew more agitated as the disease marched through his brain, though he was by no means the only person in the wing suffering these effects.  In 2008, staff at the Veterans' Victory House documented in his medical records how another resident pushed him to the floor one month, and how a month later Walls hit another resident in the head with his fist. In June 2008, a resident hit another, who fell into Walls and knocked him to the floor. In July, a staff member found Walls in another resident's bed, his fists balled.   By August, a month before Walls' death, staff noted that he was "aggressive to others and himself," particularly when he was scared. But then the storm clouds cleared. Staff noted on the day Walls was beaten that he had no behavior problems and was moving around well.

Walls had fallen and needed to go to the hospital for X-rays, a nurse said. She didn't mention the beating, or that a deputy had been called to investigate.  Hand drove to Walterboro the next Monday morning for a visit. "I walked into the room and gasped. He was black and blue all over, swollen and on oxygen. I ran out of the room and got a nurse. They came and I asked what had happened." Dwayne had fallen, they told her. Throughout the day, the home's employees stopped by to visit Walls to see how he was doing.  Later that afternoon, four days after the attack, she approached a staffer. "I said, 'He couldn't have possibly gotten that from a fall.' She looked at me and said, 'No one told you? He was beaten.' "  Colleton County Coroner Richard Harvey told her over the phone that the beating contributed to Walls' death, but she was surprised when the death certificate listed the cause as natural and didn't mention the altercation. In an interview, Harvey said he did an autopsy but the results showed that Walls died of pneumonia, not from any other injuries.

The doctor wrote the summary in November, two months after Walls' death, and after an ombudsman hired by the lieutenant governor's Office on Aging visited the home. The agency had received a complaint about "residents that beat other residents," low staffing levels and "residents sitting in soiled diapers."  After the visit, the ombudsman noted the altercation involving Walls but said the agency doesn't investigate resident-to-resident abuse.

The ombudsman nonetheless concluded, "There is a shortage of staff," after looking at the facility's staffing logs. The reports showed the Alzheimer's unit had just one licensed nurse on duty for 52 patients on morning shifts before and after Walls' attack. On one night shift, the wing had no licensed nurse at all. The ombudsman asked the nursing home to follow state regulations, which requires at least two licensed nurses during the morning shift and one on the night shift.

More recently, an investigator with the state Department of Health and Environmental Control made an unannounced visit to the home and found it hadn't properly reported the incident involving Walls and the 88-year-old man who beat him. State law requires nursing homes to report "serious incidents" involving residents who assault others.


 

 

 

No criminal charges filed in homicide of resident

The May 4 death of a local nursing home patient has been ruled a homicide.  However, no criminal charges will be filed in the case.   Elsie Powell is suspected of pushing Edna Shaw to the floor at Encore Senior Village on University Parkway. Shaw hit her head on the floor.  Both were residents at a nursing home.   The Medical Examiners Office ruled that the blunt impact to Shaw’s head contributed to her death and ruled the death a homicide, the report said.

Powell’s condition has continued to deteriorate, Assistant State Attorney David Rimmer wrote in the report.   “It is doubtful that she was even mentally competent when the incident occurred,” Rimmer wrote. “Therefore, in my opinion, no criminal charge should be filed against her for the unfortunate death of Miss Edna Shaw.”
 

Strength in numbers: Get organized!

Below is an excerpt from a great article from Dallas News about family councils in Texas.  The relatives of Texas nursing home residents have discovered there's strength in numbers. Emboldened by a new state law, they've begun to organize more "family councils" at their nursing homes to advocate for better care.

"My mother was the one who taught me how to stand up and speak out, so it's only fitting that I now step in for her," said Daisy Kincheloe, who knew she had to do something after her elderly mother fell at Doctors Healthcare Center in North Dallas.  Her mother's accident was the last straw. Before that, she had discovered other problems that convinced her that some staff members weren't paying enough attention.

Ms. Kincheloe and other families at Doctors have just formed the group to give each other moral support, act as added sets of eyes and ears around the nursing home, and bring grievances to the administration's attention. By presenting a united front, family councils have persuaded nursing homes to respond more quickly to residents' call buttons, improve the meals and even hire more staff.  Family councils are enjoying renewed attention nationwide because many of their newer leaders are baby boomers, whose generation is known for its activism.

Though administrators occasionally resist the councils at first, a growing number say they welcome the groups because they encourage family participation and accountability from staff.

Many families hesitate to bring up problems because they're afraid the nursing home staff will retaliate against their relatives. Others complain but find their grievances fall on deaf ears.   A family council can add weight to a complaint, advocates say.

HOW TO ORGANIZE A FAMILY COUNCIL

1. Determine the need. As few as two or three families can organize a council.

2. Advise the administrator. By law, nursing homes must provide private meeting space for councils.

3. Notify other families. Meeting announcements can be posted on bulletin boards. Administrators may also offer to mail notices.

4. Ask advocacy groups and the local ombudsman for help. Advocates and the state ombudsman program's local representative can explain nursing home residents' rights.

5. Hold your first meeting. Discuss the council's purpose, ask the ombudsman to talk about the grievance process and invite the administrator to speak.


When can nursing home evict a resident?

Description of Federal Requirements

The federal regulation (483.12) articulates rights that the resident has related to admission, transfer, or discharge, some of the procedures facilities must follow, and records they must keep. The definition of transfer and discharge here applies to movement to a bed outside the certified facility (including differently licensed beds in the same physical plant), but does not apply to movement to a different bed in the certified facility. (Those Intra-facility transfers are discussed under 483.10, Resident Rights.)

The rules regarding transfer or discharge (a) establish the conditions under which a resident may be transferred involuntarily, including that the facility is closing, the resident has improved so that he/she no longer needs the care, the facility is unable to provide the resident with the necessary care, the resident is a danger to self or others, and the resident has failed to pay for care or (if supported by third parties, including Medicaid) has failed to have the care paid for.

The federal rule establishes expectations for documentation regarding transfers (including the reason), and written notice to the residents of at least 30 days, unless the reason for transfer is related to urgent medical needs of the resident or health and safety of others.

 The written notice must include the reasons for the transfer/discharge, the effective date, the location of discharge or transfer, the right of appeal, and notification of how to reach the long-term care ombudsman and/or the appropriate Protection and Advocacy agency in the case of individuals with developmental disabilities or persons who are mentally ill. Further, the facility “must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility.”


Another section (b) of this regulation refers to bed holds and the resident’s right to return to the nursing home after being discharged for hospitals or therapeutic leaves. These policies are determined in part by the State’s policy about how long payment will be made to hold a bed for a resident after discharge. In any case, the facility needs to clearly disclose to the resident and family in writing the amount of time the bed will be held, and its policies for readmission after that time expires.

Under a provision for “equal access to quality care (c) , the policies that the facility develops for transfer, discharge, and provision of all the services covered in the State Medicaid Plan must be identical for all residents regardless of the resident’s source of payment. The regulation also States that facilities are not obliged to provide any services that are not under the State plan. The facility may charge privately paying residents any amount they chose for the services included in the State plan and other services, but are subject to requirements for disclosure in the Resident Rights regulation (483.10).

The final section (d) on Admission Rights articulates prohibits any facility that accepts Medicaid or Medicare from requiring residents to waive their rights to this coverage, prohibits facilities to require guarantees of payment from a third party as a condition of income, and prohibits the facility from soliciting any gift or donation as a consideration of admission or continued stay. The section also specifically states that States “may apply stricter admissions standards under State or local law to prohibit discrimination against individuals entitled to Medicaid.
Under 483.10 (Resident Rights) some general rights are enunciate that overlap with this regulation on admission, discharge, and transfer rights, especially as regards written notice about Medicaid and Medicare coverage.

The majority of States (29--including South Carolina) do not appear to have enunciated any rights or procedures governing admission, transfer, or discharge over and above those that are established in the rather detailed Federal provisions. States may have repeated some of the Federal requirements or inserted the names of their own agencies for notification without substantially changing the Federal requirements.

The most usual State requirements entail slight additions to the timing of notice of involuntary transfers for any or for a particular reason (such as notification of intent to go out of business) or state-mandated precise wording for notice forms. Colorado provides numerous specific forms. Three States (Illinois, Indiana, and Nebraska) specify at least 12-point fonts for the notices, and Indiana also indicated that bold type face be used. Indiana rules for Inter-Facility and Intra-Facility Transfers are treated together in one section of the law, though each is well-defined. For that reason, the rights for appeal of Intra-facility transfer (described under Resident Rights in general) are unusually well-developed.

The most extensive requirements are found in Illinois and in Oregon. Among their many provisions are requirements that relate to facilitating adjustment in the community or the transfer placement, and allowing for return. Illinois has sections on pre-transfer or pre-discharge counseling, trial placements in the community, and the requirement that the facility accept State relocation teams in the facility, including in those giving notice of closing and those not intending to close. Oregon regulations contain particularly elaborate discussion of how to help prepare the resident for transfer, and give the resident the ultimate right to stay if transfer would be deemed harmful. In Oregon, the facility shall not involuntarily transfer a resident for medical or welfare reasons under the various reasons outlined in its regulations if the risk of physical or emotional trauma significantly outweighs the risk to the resident and/or to other residents if no transfer were to occur, and the the facility shall not involuntarily transfer a resident for any other reasons if the transfer presents a substantial risk of morbidity or mortality to the resident.

 A section called “Considerations for Involuntary Transfer” included many resident-centered components, and safeguards. In Oregon, prior to issuing a notice for an involuntary transfer, in order to determine the appropriateness of transfer, the facility shall consider the following: (1) the availability of alternatives to transfer; (2) the resident's ties to family and community; (3) the relationships the resident has developed with other residents and facility staff; (4) the duration of the resident's stay at the facility; (5) the medical needs of the resident and the availability of medical services; (6) the age of the resident and degree of physical and cognitive impairment; (7) the availability of a receiving facility that would accept the resident and provide service consistent with the resident's need for care. (8) the consistency of the receiving facility's services with the activities and routine with which the resident is familiar, and the receiving facility's ability to provide the resident with similar access to personal items significant to the resident and enjoyed by the resident at the transferring facility; (9) the probability that the transfer would result in improved or worsened mental, physical, or social functioning, or in reduced dependency of the resident. (10) the type and amount of preparation for the move, including but not limited to: (a) solicitation of the resident's friends and/or family in preparing the resident for the move; (b) Visitation by the resident to (prior to actual transfer) or familiarity of the resident with the place to which the resident is to be transferred; and (11)on-site consultation by an individual with specific expertise in mental health services if the basis for considering transfer is behavioral, e.g., gero-psychiatric consultation. [NHPlusComments: These considerations are material seems particularly resident-centered and also contain practical ideas about how to consider whether a move would be difficult for a resident and assist him/her to make transfers positive.]

Although much of the Federal and State attention regarding discharges and transfers is directed at ensuring that residents not be inappropriately discharged, Illinois, Michigan, New Jersey, and Oregon address the right to voluntary discharge or for the patients to discharge themselves or their guardians to discharge them. Illinois specifies that such discharges must occur even if the facility has reservations about the person’s ability to manage in the community, but in those cases a referral must be made to Adult Protective Services. In Maryland, a signed consent to voluntary transfer or discharge from a resident or family member is ordinarily required. Maine specifies that residents who are candidates for home health care should receive a list of certified agencies in their area, but that the facility must disclose if it has a financial interest in any of these home health agencies.

Among the 21 States with some requirements in this area, the remaining stipulations include a wide variety of matters. Several States (Arizona, Minnesota, and New Hampshire) require that medical information be transferred to the receiving organization. California requires that the facilities develop transfer agreements with other facilities. Arkansas requires consultation with families on involuntary transfers. Wisconsin states that except in an emergency, a receiving facility, agency, or program must receive advance notice of the arrival of a resident being transferred to it. Alabama re-iterates federal policy with the addition of a requirement for resident transport during transfers or discharges. The provision states that if a resident is unable to ride in an upright position or if such resident’s condition is such that he or she needs observation or treatment by Emergency Medical Services personnel, or if the resident requires transportation on a stretcher, gurney or cot, the facility shall arrange or request transportation services only from providers who are ambulance service operators licensed by the Alabama State Board of Health. If such resident is being transported to or from a health care facility in another state, transportation services may be arranged with a transport provider licensed as an ambulance service operator in that state. For the purposes of this rule, an upright position means no more than 20 degrees from vertical. The Table below provides links to the actual provisions in the States that have State-specific requirements in this area.



Cornell Study on Resident on Resident Abuse

I saw this article on another website discussing the recent Cornell University study on physical abuse between residents.  Resident on resident abuse is underreported and mismanaged in the nursing home setting and most likely caused

Physical abuse in a nursing home may include staff or other residents.  According to a Cornell University Study, resident-on-resident violence in long-term-care facilities is far more prevalent than previously thought.  The authors of the study admit nursing home abuse is  woefully understudied.

The new study, funded by the National Institutes of Health (NIH), is only the second published report to look at patient-to-patient violence. Cornell University examined the records of 747 nursing home patients over the course of the study. Of those, 42 where involved in 79 incidents at nursing homes that actually required police intervention. The finding surprised researchers, especially because the study was not even focused on nursing homes. Rather, it looked at overall community crime, and nursing homes where just one area that was examined. 


Many nursing home patients suffer from varying degrees of dementia, and this often plays a factor in the violence.  Common triggers can be unwanted touching or disputes over television.   It is often the byproduct of a neglectful staff. Conflicts are far more likely to escalate to physical violence when patients are unattended. However, attentive staff can take steps to separate feuding patients before the situation deteriorates.

The report also questions the wisdom of housing dementia patients together. This is standard practice in most nursing homes, which generally have a dementia ward. But, because dementia often triggers violence, the report suggests it might be better to incorporate these patients into the general population as much as possible. 

As many as one in 20 nursing home residents are victims of nursing home abuse. Because there is no uniform system for reporting nursing home violence, experts on elder abuse concede that current estimates are probably just the tip of the iceberg.   There is no requirement to report resident-on-resident violence. In fact, the Cornell researchers only looked at cases that involved police calls. There were simply no records available to them detailing physical confrontations between residents that did not escalate to this level of violence.

Important victory for residents' rights

When two residents at a nursing home in Santa Cruz got eviction notices last March, they decided to fight them. They called Linda Robinson of Advocacy Inc., a Santa Cruz nonprofit, to help them file appeals with the state Department of Health Services. A little more than a year later, the issue is being resolved according to an April 11 memo signed by Kathleen Billingsley, deputy director of the state health department.

The April 11 memo affects nearly 900 nursing home patients in Santa Cruz County as well as 1,400 nursing homes statewide with more than 133,000 beds.

"In a year, dozens, maybe hundreds, of [eviction] notices are sent," Connors said. "They get issued way too often in my experience. Patients have the right to be protected from arbitrary transfers"

Billingsley's April 11 memo to district managers covered policy and procedures for appealing eviction notices. It also said staff must receive training to make sure policy and procedures are followed.

Last year, a lawsuit was filed, complaining about a backlog of nursing-home complaints. This month, a state auditor, reporting on 17,000 complaints filed over two years, said the department had not completed about 60 percent of its investigations in a timely fashion.

See article here.

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