Fall at Nursing Home was Preventable

The Star Tribune had another great article about State health investigators' conclusion that Providence Place is to blame for the death of a resident who rolled down a stairwell in her wheelchair last May and died.  The Minnesota Health Department said the woman died because the facility failed to change the resident's care plan after she had twice previously tried to open the door to the same stairwell. The second attempt came 30 minutes before the woman died.  Nursing homes have a duty to keep residents safe and prevent foreseeable injuries. 

According to the report:

The woman, who suffered from anxiety, depression and other behavioral problems, had a history of wandering around the facility and trying to open doors. A few weeks before the fatal fall, an employee saw the resident inside the stairwell and pulled her out. The employee reported the incident to a registered nurse on staff. On the day of the fall, the woman was found on the concrete stairwell landing, face-down and strapped into her wheelchair. Efforts to resuscitate her by staff members and paramedics failed.

 

 

South Carolina should follow Illinois' lead

There were several articles the past couple of weeks regarding Illinois' new  law improving the safety and staffing in nursing homes. Lawmakers unanimously approved legislation that would raise the standards of care and safety in Illinois' troubled nursing homes. See articles from the Chicago Tribune here and here.  The law reflects the 38 recommendations of Quinn's Nursing Home Safety Task Force, which was formed last fall in response to a Tribune investigation into attacks, rapes and murders in the subset of facilities that mix aggressive and vulnerable residents.

The law would require nursing homes to increase staffing levels, meet higher standards before admitting patients with serious mental illness, tighten existing criminal background checks, psychological screenings of incoming nursing home residents, and segregate the most dangerous residents in secure units where they should receive more monitoring and treatment. 

Among the bill's other key provisions is a mandate that nursing homes admitting people with serious mental illness obtain a new certification demonstrating that they can and will effectively monitor and treat those residents. The new standards for those homes would require the homes to have sufficient staff, including psychiatric professionals, on a 24-hour basis; training of staff on "managing aggression and crisis prevention"; and substance abuse programs.

The bill also would establish a database that would track violent incidents inside the homes. It would add safeguards to ensure the informed consent of residents administered psychotropic drugs. And it would expand the state's ability to deny operators permits to open new homes if they run facilities that have repeatedly violated safety standards.

Lobbyists for the nursing home industry agreed to increase nursing staff levels in the next four years to 3.8 hours of daily nursing care for each resident who needs skilled care, up from the current minimum of 2.5 hours. Quinn's task force had recommended 4.1 hours.

It took tense negotiations and an eleventh-hour deal to strike a historic bill that aims to undo a half-century of failed policies and end a legacy of violence in which nursing home residents were raped, assaulted and murdered.

 

I wish South Carolina lawmakers were open to the idea of protecting residents and reforming nursing home care.

 

Fatal Fall

The Orange County Register had an article about the lawsuit filed on behalf of Oliver J. Shrock who was neglected at Kindred Healthcare Center of Orange.  The nursing home was fined $85,000 for their neglect and maltreatment.

Oliver J. Shrock's death on July 18, 2009 – four days after he suffered a fall and fatal head injuries  was labeled by the state as an "AA" citation – the worst violation that the state can issue against a skilled nursing facility.  The state concluded that the center disregarded Shrock's safety by not listening to the family's warnings, and not implementing safety measures, such as the use of a bed alarm.

Shrock's daughters, Kathleen S. Sakoguchi and Deborah Anne Whitman, sued the center and its former owner, Kentucky-based Kindred Healthcare Operating Inc.. Shrock's family told the center that Shrock – who was dependent on staff for most needs – was at high risk for falls, according to the lawsuit.

He fell soon after arriving at the center, but wasn't injured significantly. The center installed a bed alarm to help prevent future falls and placed mats on the floor to limit possible injuries.  But these measures weren't always in place when Sakoguchi visited her father, and she repeatedly had to tell staff to attach the bed alarm. The fall that caused his death happened on July 14, when Shrock was preparing to go home.

"A nurse assistant discovered Shrock on the floor bleeding from his head and she did not know how long he had been lying on the floor,'' according to the suit.  Shrock was taken to a hospital, and died four days later.

 

Illinois Safety Task Force

The Chicago Tribune had an article on the new safety measure in Illinois nursing homes.  The U.S. Department of Justice is strongly backing Gov. Pat Quinn's Nursing Home Safety Task Force as the panel finalizes its recommendations for ending the chronic violence and poor treatment of residents in some facilities.

Illinois currently relies more heavily than other states on nursing homes to house younger psychiatric patients — including thousands with felony records — and understaffed facilities have failed to treat and monitor their most violent residents, government records show. Quinn's panel was formed in response to Tribune reports describing elderly and disabled residents being assaulted, raped and even murdered by their housemates.

Among its proposals, the task force is considering establishing specialized long-term care facilities — or at the least, separate wards in nursing homes — for the small percentage of residents who pose a threat to others.

Although mentally ill people, if given proper treatment, are no more likely than others to be dangerous or to commit crimes, some Illinois nursing homes provided grossly substandard care, the Tribune found.

The panel's proposals come as state authorities are moving to settle a 5-year-old class-action lawsuit alleging that the state violates the civil rights of mentally disabled people by warehousing them in nursing homes when they could be better treated in more integrated community settings.

Gelder has participated in lawsuit settlement discussions and said settling that case is critical to Quinn's reform efforts because it would bring the court's backing to the state's push for alternative treatment and housing options for psychiatric patients.

Like Gelder, ACLU attorney Benjamin Wolf said a small percentage of psychiatric patients present a genuine danger to others or themselves, and require constant monitoring and intensive treatment. Many of these people are not currently getting appropriate care or supervision in nursing homes, Wolf said.

The number of felons in Illinois nursing homes rose 24 percent in the last 12 months, to 3,453, from 2,780 in February 2009, according to figures released to the Tribune this week by the state Department of Public Health.

The task force's sweeping recommendations range from tightening criminal background checks of new nursing home residents to creating new compliance standards for facilities that serve people with severe psychiatric disorders. Many of the recommendations require new legislation, and state lawmakers have introduced more than a dozen preliminary nursing home safety bills that will be filled in and debated during the next three months.

 

Home fails to protect from assault

KnoxNews.com had an article about a lawsuit filed against Ashbury Place for failing to protect Katheryn Hill from a known sexual predator living at the nursing home.  The Hill family wants to know why she shared a floor at the nursing home with a convicted sex offender, James Charles Strickland

"They let him roam the floor with everybody else," said David Boyd, the family's lawyer. "He had free rein to assault her."

Hill was living at Asbury Place when Strickland came to her room March 13, 2009, and tried to rape her. Hill called for help, and a worker pulled Strickland off her.  No information about how he was able to get in the room unnoticed by the staff.  Strickland had been previously convicted of rape and incest. 

Federal guidelines require that any nursing homes accepting such patients be able to protect the other patients.  Asbury Place staff knew about Strickland's convictions but did nothing to separate him from other residents or keep an eye on him.  He died about four months later without being charged by police.  Hill's daughter pulled her from the home after the assault and has cared for her at home since then.

 "They moved him immediately after this incident and notified police," Boyd said. "But our beef with Asbury is that they didn't have anything in place to tell the families about him being there or any plan to watch him."

State law bars sex offenders from living near schools or being around children. No such bans exist for nursing homes, said Andrea Turner, spokeswoman for the Tennessee Department of Health.

 

 

 

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.

 

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.

 

Ranking nursing homes

U.S. News & World Report issues the best and worst nursing homes every year based on federal and state inspections, surveys, and required data on staffing.  Here is the most recent article.  The rankings are only as good as the investigators which in most cases is poor.  On a given day, 1.5 million people are living in the nation's 16,000-plus nursing homes, and in a typical year more than 3.2 million Americans will spend at least some time in one. 

 

The U.S. News rankings rely on Nursing Home Compare, a program run by the federal Centers for Medicare and Medicaid Services. CMS analyzes information on all homes enrolled in Medicare or Medicaid.  The homes also receive ratings of one to five stars in each of three areas: health inspections, nurse staffing, and measures of care.

At Nursing Home Compare, you can search for a specific home or for all homes in a particular state or within a certain distance of your city or ZIP code. But you can't assume that all five-star homes, or those with three or four stars, are of the same quality. There are so many homes in each rating—1,855 in the five-star and 3,661 in the four-star categories alone—that the range of performance is bound to be very wide. Nor can search terms be combined if, say, you want only five-star homes within 50 miles of a specific city.

America's Best Nursing Homes addresses these and other issues. Homes are presented in tiers within each star category, based on their total stars in all three of the major areas. The topmost tier, for example, consists only of five-star homes that got 15 stars. The next tier down is five-star homes with 14 total stars, and so on.

Here are more details about the measures that go into the CMS ratings.

Health inspections. Because almost all nursing homes accept Medicare or Medicaid residents, they are regulated by the federal government as well as by the states in which they operate. State survey teams conduct health inspections on behalf of CMS about every 12 to 15 months. They also investigate health-related complaints from residents, their families, and other members of the public. "Health" is broadly defined, as is evident in the 180-some items on the checklist. Besides such matters as safety of food preparation and adequacy of infection control, the list covers such issues as medication management, residents' rights and quality of life, and proper skin care. A home's rating is based on the number of deficiencies, their seriousness, and their scope, meaning the relative number of residents who were or could have been affected. Deficiencies are counted that were identified during the three most recent health inspections and in investigations of public complaints in that time frame. State inspectors also check for compliance with fire safety rules, although their findings do not factor into the CMS ratings.

Nurse staffing. Even the best nursing care is not enough if there are too few nurses to spend much time with residents, so CMS determines average nursing time per patient per day. Homes report the average number of registered nurses, licensed practical nurses, licensed vocational nurses, and certified nurse aides who were on the payroll during the two weeks prior to the most recent health inspection and their number of hours worked. The information is compared with the average number of residents during the same period and crunched to determine the average number of minutes of nursing time residents got per day. 

Quality measures. Nursing homes have to furnish the latest three quarters of clinical data showing the status of each individual Medicare and Medicaid resident in 19 indicators, such as the percentage of residents who had urinary tract infections or who were physically restrained to keep from falling from a bed or a chair. The Best Nursing Homes rankings and Nursing Home Compare display data for each home on all 19. The ratings, however, are based on 10 that are considered the most valid and reliable, such as the two above and measures related to pain, bedsores, and mobility.

 

Resident wanders away from facility

NewJersey.com ran an editorial about the resident who was allowed to wander away from Preakness Healthcare Center in Wayne.  A resident with dementia wandered out of the nursing home and was found more than two hours later, roaming in the snow and ice and subfreezing weather. 68-year-old Vidal Mojica, was rescued by members of the Passaic County Sheriff's Department. Mojica, who uses a walker to get around, was found behind the nursing home on Oldham Road wearing just a golf shirt, pants and shoes. Mojica was transported to St. Joseph's Wayne Hospital, where he was being treated for exposure to the cold.

One Preakness employee said Mojica would have to have climbed unsupervised down three flights of stairs with his walker to leave the building. The employee also said Mojica is the second resident to wander away from the nursing home since it opened in October.

While we understand the need to protect the confidentiality of a patient, we are disturbed by the county's stonewalling about the circumstances of his escape from the facility. This is an issue that concerns not just one Preakness resident and his family; it is an issue of deep concern to every county resident.

Numerous questions need to be answered:

How could a patient using a walker have escaped so easily? How could he have gotten so far so fast and remained unseen for more than two hours?

Is there some design flaw in the new building that makes it susceptible to such "escapes"? If so, what steps are being taken to correct them?

Finally, has this happened before, and how can we be assured it won't happen again?

Such a lack of information about what appears to be a severe breach in security in a brand-new, $90 million facility that has already taken on the scorn of taxpayers is not something the county or facility administrators can afford to just slough off.

Perhaps there is a perfectly reasonable explanation of how a 68-year-old man using a walker was able to elude authorities for more than two hours. If so, we'd love to hear it.

At-home technology protects elderly

Miami Herald had a great article about how new technology is helping elderly people.  New devices monitor how well seniors are managing activities of daily living, aid with some tasks and help avoid any move to a nursing home.  Scientists, doctors, engineers and philosophers  gathered last month at a TEDMED (Technology, Entertainment, Design Medicine) conference to unveil solutions to some health care problems.

One of the devices that has been improved over the last few years is a pendant that can call 911 if the wearer falls.  Now the device can be programmed to answer the phone, reminders to take  medicine or alert to a fire, among other things.   It's one of several new products designed to help seniors stay in their homes.  At-home technology now can monitor senior citizens' movements, vital statistics, and sleep and bathroom patterns.  Many older people like having technology provide this extra layer of security because it doesn't require them to give up privacy.

The monitoring systems, which cost $150 to $200 a month, are more often prescribed to seniors for a limited time after a hospitalization or health issue. Some also are being used in assisted-living facilities where operators like the additional protections they offer.

Technology will allow seniors to avoid ``unnecessary early institutionalization'' because it will relieve the anxiety of loved ones. The ability to closely monitor a person's lifestyle also can help family members know when the older person is unable to remain home, said Katie Boyer, director of marketing for Home for Life Solutions, in Lee Summit.

Besides monitoring falls and daily activities, her company sells equipment that will turn off a stove if the user forgets. A built-in motion detector turns the appliance off if the user leaves the room and does not return in a specific time frame. As for managing medicine, systems exist that will dispense it at appropriate times and remind patients to take it. If the patient fails to take the medicine, the pills can move into a locked chamber to avoid an overdose.

GE has two products aimed at seniors: Health Guide allows users to check their blood pressure, sugar levels or heart rate daily. The information is sent to a medical provider who tracks it. If problems arise, the patient can have a teleconference with a nurse or schedule an appointment with their doctor.

The company also offers QuietCare, which uses sensors that learn daily activities and behaviors, and then watches for changes. The sensors will alert help if a person falls, goes to the bathroom at night and doesn't return to bed, or fails to get out of bed in the morning. Sensors also can be placed near the medicine cabinet or refrigerator, so monitors can track whether the person is taking their medicine and eating.

John Cobb, CEO of Senior Lifestyle, started to install QuietCare in some of his company's 70 senior living facilities this summer because he thought it would make residents safer. With QuietCare, his staff can keep track of residents' whereabouts at night, he said.

 

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...