South Carolina Nursing Home Blog

South Carolina Nursing Home Blog

Nursing Home Information & Litigation

Tag Archives: surveys

Uncensored Inspection Notes

Posted in Discovery issues
 ProPublica released unredacted write-ups of problems found during nursing home inspections around the country.   For several months now, ProPublica has made redacted versions of this same information available in an easily searchable format in our Nursing Home Inspect tool. These versions, which reside on the U.S. Centers for Medicare and Medicaid Services website, Nursing Home Compare, sometimes blank out … Continue Reading

Quality Indicator Survey Needs Improvement

Posted in Regulatory enforcement
McKnight’s had an article about thenew GAO Report showing that The Centers for Medicare & Medicaid Services need to make serious improvements in the tools it uses to evaluate the quality of nursing home care.  The Government Accountability Office conducted an investigation to determine whether CMS was doing an adequate job in monitoring implementation of … Continue Reading

George Houser Trial

Posted in Medicare, Trial themes
The Rome News Tribune reported on the ongoing trial of George Houser.   The linked article summarizes another administrator testifying about deficiencies cited by state regulators and bills for food and other items that were not being paid.   Greenway testified that lab work could often not be done, garbage sometimes piled up and she and other staff … Continue Reading

Why wasn’t the License revoked?

Posted in Regulatory enforcement
Austin Weekly News reported on the numerous violations of the standard of care at Columbus Manor Residential Care Home.  Columbus Manor was not in compliance with 11 federal requirements for nursing homes that participate in the Medicaid program, according to an Illinois Department of Healthcare and Family Services notice.  The violations – based on surveys the state … Continue Reading

OSCAR Reports show Deficiences in Majority of Nursing Homes

Posted in Advocacy, Staffing
A new report has been completed by nursing home expert Charlene Harrington and her colleagues at the University of California, San Francisco, showing trends in U.S. nursing homes by state for 2005 through 2010. The data are from the federal On-Line Survey and Certification System (OSCAR) reports that are completed at the time of the … Continue Reading

CMS Announces Nursing Home Compare Changes

Posted in Regulatory enforcement
The Centers for Medicare and Medicaid Services has announced plans to post new information required by the Affordable Care Act on Nursing Home Compare. These are among the first nursing home transparency requirements in the health care reform law to be implemented. The agency also officially announced that it will "freeze" quality measure data that … Continue Reading

Advocates Fight Wisconsin’s Unconstitutional Caps

Posted in Tort Reform
The Journal Sentinel of Milwaukee Wisconsin had a story about numerous advocates criticizing Wisconsin’s attempt to take away the right to a jury trial and cap noneconomic damages to an arbitrary limit and prevent punitive damages. Family members of those residents abused and neglected oppose the caps.  One family member said "The idea that our … Continue Reading

New Hampshire Ratings

Posted in Choosing a nursing home
The Union Leader had an article about the quality of nursing home care in New Hampshire. More than half the nursing homes in New Hampshire are rated above average by a federal oversight agency, one-quarter of them rank below average.  When it comes to finding the right home for a loved one, advocates say using the wealth … Continue Reading

Collusion between nursing home operator with investigator

Posted in Trial themes
Lexington Herald Leader reported the guilty pleas of Moses Young, assistant director with the Office of Inspector General, and Sharon Harris, a state-employed nurse who covered up the inappropriate relationship and unethical behavior they had with at least one nursing home operator.  Kentucky investigators learned they each lived in Lexington homes owned by Ralph Stacey Jr.  At … Continue Reading

Ranking nursing homes

Posted in Choosing a nursing home
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 … Continue Reading

Should fines be limited to $10,000?

Posted in Advocacy
The State Journal-Register had an interesting article about how Illinois is challenging a decision by a Sangamon County Judge Zappa that puts a $10,000 limit on nursing home fines, but the ruling already has affected dozens of cases statewide.  Zappa issued his ruling in a case involving Peoria’s Rosewood Care Center, which had appealed a $25,000 fine … Continue Reading

Admissions suspended at Life Care Center of Red Bank

Posted in Regulatory enforcement
Our firm has a case against Life Care Centers of America for a facility that they operate in Hilton Head, S.C.  I was doing some research about Life Care Centers and ran across this article in the Chattanoogan.com about Tennesse suspending admissions in one of their facilities. The article states that Tennessee Department of Health … Continue Reading

Nursing Home Transparency and Improvement Act reintroduced

Posted in Advocacy, Staffing
Senators Chuck Grassley (R-IA) and Herb Kohl (D-WI) reintroduced the Nursing Home Transparency and Improvement Act, a bill that would give consumers more information about individual nursing homes and their track record of care, give the government better tools for enforcing high quality standards, and encourage homes to improve on their own. "Improving the quality … Continue Reading

New rule protects nursing homes and promotes secrecy

Posted in Regulatory enforcement
The Washington Post had an article about the Bush administration’s rule to stop a source of information about abuse and neglect in long-term care facilities that are crucial to finding answers. The rule designates state inspectors and Medicare and Medicaid contractors as federal employees, a group usually shielded from providing evidence for either side in private litigation.  The … Continue Reading

Analysis of Pittsburgh’s nursing homes

Posted in Regulatory enforcement
Pittsburg Tribune Review had an article discussing the failures of Pittsburgh’s nursing homes.   The article mentions several examples such as one resident cried out for water before going to the hospital with dehydration; another broke an eye socket when a wheelchair rolled down a ramp and crashed; a patient died when workers improperly adjusted a … Continue Reading

Analysis of Massachusetts nursing homes

Posted in Regulatory enforcement
Worcester Telegram & Gazette News had a great article discussing the deficiencies in nursing homes in Massachusetts although this article could have been written about any state.   The article states that local nursing homes have been reprimanded in recent years for physical and sexual abuse, neglect and other serious mistreatment of elderly residents, according to … Continue Reading

Bush Administration secret rule related to nursing homes

Posted in Regulatory enforcement
Last night’s MSNBC Countdown with Keith Olbermann reported on a nursing home rule consumer advocates have been working tirelessly to highlight in the media and correct.   Before leaving office, President Bush silently pushed through this rule protecting the $144 billion nursing home industry. Occurring without any public notice or comment, the rule prevents families from … Continue Reading

Investigation proves lack of enforcement

Posted in Regulatory enforcement
Arizona Daily Star reported an investigation into the lack of investigation of neglect and abuse in Arizona nursing homes.  The investigation was bold and tragic and led to the reopeing of several complaints, and the conclusion that Arizona fails to protect elderly and vulnerable nursing home residents.  Below are excerpts from the story and investigation. … Continue Reading

CMS to disclose list of “underperforming” nursing homes

Posted in Regulatory enforcement
The Associate Press had this story today.   Fifty-six nursing homes are among the worst in their states and are being called out in an effort to goad them into providing proper patient care. Lawmakers and advocacy groups complain that too many facilities get cited for serious deficiencies but don’t make adequate improvement, or do so only temporarily. … Continue Reading

Surveys resulting in civil fines

Posted in Regulatory enforcement
An Orleans County nursing home has been fined $75,900 by the federal government for failing to comply with quality care requirements. Orchard Manor was cited for civil money penalties based on a survey in November. Civil money penalties are given out by the Centers for Medicare and Medicaid Services. According to The Monitor, the amount of Orchard … Continue Reading

Surveys may be admissible

Posted in Discovery issues
It should be noted that there are certain violations discovered during the survey process that will have an affect on the well-being of a resident. For instance, not having sufficient staff to meet the residents needs, failure to notify the physician of a change of the resident’s condition, dehydration, malnutrition. Moreover, prior conduct in general … Continue Reading