Under the new law, nursing homes would no longer be fined for not having competent, licensed administrators or caregivers in their facilities; not having a qualified nurse on duty, or for understaffing at the facility, one of the leading contributors to resident neglect.

The few fines that can be imposed can be reduced by 35 percent if the nursing home agrees not to formally appeal the state’s findings. Financial penalties for intentionally killing or injuring residents will be doubled, though state regulators say such violations are unlikely.

A spokesman for the governor’s office said the bill was signed to “promote better care by encouraging nursing homes to develop pro-active quality assurance programs and allowing facilities to identify and correct problems right away.”

John Tapscott, an advocate for Iowa seniors said the new law “only proves that our legislative leaders and governor are willing to sell out the most vulnerable of our citizens – the sick and elderly residing in nursing homes – for a few thousand campaign dollars.” The bill was opposed by the Iowa Department of Elder Affairs and the Iowa Department of Inspections and Appeals.

The legislation was supported by the Iowa Healthcare Association, which last year made political contributions totaling nearly $90,000.

SOURCE: Nursing Home Abuse › Nursing homes that jeopardize safety no longer face fines in Iowa

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Caregivers of individuals who suffer from dementia and live at home should take precautionary measures to ensure their family member’s safety. This includes installing deadbolt or slide-bolt locks on exterior doors and limited access to potentially dangerous areas of the home. (Never lock a person with dementia in a home without supervision.)

Many nursing homes also take steps to keep patients suffering from cognitive disorders from wandering out of the home, such as keeping units locked and making sure residents prone to wander wear bracelets that trigger an alarm if they wander outside a safe area.

Even with such measures in place, some patients still manage to escape. Earlier this week the Chicago Tribune reported that an 81-year-old Illinois man who suffered from dementia was found dead on the side of a road after wandering out of his nursing home. He had slipped out a window.

And late last month we told you about an Ohio woman with dementia whose body was found 100 feet from the nursing home where she had wandered from earlier that evening.

For information on how to keep your family member safe, visit the Alzheimer’s Association at www.alz.org.

SOURCE: Nursing Home Abuse › Wandering injuries, deaths a big concern for those with dementia

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Now Maryland may be following suit. MSNBC reports that a bill is making its way through the house that would require nursing homes in Maryland to let people install cameras into patients rooms. The cameras would have to be purchased by the patients or their families and would not be allowed in bathrooms, according to the report.

According to the bill, the cameras could not be hidden, and a sign would hang on the door announcing that the room as being monitored. But even if staff is aware that a patient’s room is being monitored, it may serve as a deterrent against potential abuse and neglect.

The cameras would also give family members peace of mind, especially for those family members of patients who have lost the ability to speak, says Tyonja Bathgate, whose husband lives in a Maryland nursing home.

“He can no longer talk, so if something happens during the day, he can’t tell me any longer. If he wants a drink, he can’t call out,” she told MSNBC.

SOURCE: Nursing Home Abuse › Maryland may allow video surveillance of nursing home rooms

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Working off of a grant from the Kansas Department of Aging, researchers trained staff at three Kansas nursing homes on what sexuality means to older adults, identifying barriers to fulfilling the sexual needs, finding strategies to help residents and how to discern appropriate from inappropriate sexual behaviors. That includes identifying the root of the patients’ needs – be it sexual desire or simply loneliness – and also understanding if a sexual overture or relationship involves abuse or is borne of real need.

“It wasn’t like we hadn’t cared for these needs in the past, but it was liberating to some folks to have an open discussion with university researchers,” says Lillian Claassen, vice president of health services at one of the homes that received training. “It empowered people to think about how they could help folks.”

Advocates say that sex education in nursing homes will become more important as more baby boomers age and need skilled care. The researchers say that guidelines need to be in place to ensure that sexuality in nursing homes is dealt with in a positive way.

“The ultimate goal should be to value the desires and needs of people who have lived long, productive lives and do not forfeit their rights simply because they have aged,” says Robin Dessel, a national expert on dementia, in the report.

SOURCE: Nursing Home Abuse › Sexual intimacy among residents not unusual in nursing homes

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The family members raised concerns of their aunt’s welfare, and questioned the choices of a third niece, who had power of attorney over the aunt. It was she who placed the elderly woman at Bissell Hospital.

After communicating by e-mail with the hospital, the two nieces in late July released the DVD evidence to the Delaware Division of Long Term Care Resident Protection. The agency inspects the 46 skilled nursing homes and four intermediate-care facilities and oversees licensing, conducts criminal background checks, enforces regulations and monitors the welfare of nursing-home patients.

Shortly thereafter, all three nieces were banned from the facility until mediation of a public guardian. The guardian requested the elderly woman be moved to another facility. The move was approved and is planned to take place in January.

The investigation resulted in the firing of three employees and the suspension without pay of two others. Four of the five employees also have been placed on the state’s Adult Abuse Registry, a list of caregivers who have been accused of abuse. Three of those employees are appealing to be removed from that list. There are 246 people on that list and 25 are pending appeal.

The Delaware Attorney General’s Office did not say why it will not prosecute the caregivers in this case.

SOURCE: Nursing Home Abuse › No charges filed against caregivers who abused ailing aunt

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The doctor said he routinely sees patients from Grand Park Care Center on the verge of death with serious conditions ranging from acute kidney problems, severe pneumonia and malnutrition. He said the conditions indicate neglect by caregivers.

Inspection reports obtained by the television station from the D.C. Department of Health from February and May 2008, reveal numerous deficiencies including failure of nursing staff to notify a physician of a resident’s dehydration, and weight changes and anemia of a resident. According to Jerry Kasunic, D.C. long-term care ombudsman, his staff has filed more than 100 complaints with the Department of Health.

“The neglect and abuse we have seen there is unattended wound care (and) dehydration that has led to malnutrition,” Kasunic said in the report. He specifically reference a recent care where one man from the home entered the hospital critically malnourished. It was obvious to Kasunic that the patient, who was unable to communicate, had received no fluids of any kind.

The nursing home issued a statement saying it is committed to quality improvement and has since hired a new director of nursing and a compliance officer.

Both Kasunic and an inspector with the Department of Health say that the city’s health department needs to be more aggressive in ensuring patients in area nursing homes receive proper care.

SOURCE: Nursing Home Abuse › Doctor warns of inadequate care at D.C. nursing home

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The LIKO 102EE mechanically lifting device is used to transfer people with limited mobility from a bed to a wheelchair. LIKO lifts are widely used in Canada and the United States. To date, there have been 12 reports of the LIKO lifts malfunctioning in the U.S. since 2005.

The deceased, Wally Baker, was a resident of Leisureworld Caregiving Centre (O’Connor Gate) in Toronto. He had fallen from the lift at the nursing home on April 30, 2008, and was pronounced dead four hours later after being transferred to a hospital.

Coroner Jim Edwards concluded that nursing home staff did not contribute to the malfunction of the lift, which authorities say should have been authorized by the company’s distributor. Edwards also recommended the lifts be removed from nursing homes until the manufacturer can identify and correct the problem.

Injuries from mechanical lifts are among the most occurring for both patients and caregiver. Caregivers and nursing home staff who use lifts should be thoroughly trained before using them.

SOURCE: Nursing Home Abuse › Faulty mechanical lift blamed for nursing home resident death

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Lemire was transported to Central Vermont Medical Center, where she was later pronounced dead, according to the Times Argus (Vermont).

Lemire lived at the home of Julie A. Davis, who was assigned to be her caregiver beginning last spring. Davis had had other disabled individuals living with her in the past but there were never any complaints from neighbors to police, according to the report. No previous abuse complaints had been filed and Davis’ home appeared tidy and well kept.

Davis worked for Lincoln Street, a specialized service agency. She, like other caregivers, received a monthly, tax-free stipend for having someone in her care.

Last summer was one of the rainiest on record for Vermont, which may have contributed to Lemire’s hypothermia and subsequent death, police said. Hypothermia is condition that results when the body loses too much heat and can hinder metabolism and bodily functions and can lead to death.

Davis was charged with abuse and neglect of a vulnerable adult by a caregiver, which carries a $10,000 fine and/or up to 15 years in prison. Davis is due in Washington County District Court on Dec. 4th.

SOURCE: Nursing Home Abuse › Caregiver charged in hypothermia death of disabled woman

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I-1029 requires all new caregivers beginning in 2010 to be certified by the state, undergo an FBI background check and get at least 75 hours of training. The initiative is sponsored by the Service Employees International Union (SEIU).

PAS-Port for Change, an eight-member statewide steering committee, argues that the initiative fails to address the core issues of abuse and neglect against the elderly and disabled. While it supports the training of caregivers, the organization believes the type of training and the method of delivering that training should be in the hands of the clients.

Debb Snyder, a member of the PAS-Port for Change steering committee who also is disabled, has tried but failed to get SEIU to circulate a questionnaire to those who use caregivers on the quality of care they receive. The questionnaire asks whether the recipient has been verbally or physically abused by a caregiver, whether a caregiver has failed to show up for work or arrived under the influence of drugs or alcohol, whether a caregiver has asked them for food or money or threatened them with abandonment, according to the story.

Snyder says she would like to use those questionnaires during interviews with the accused caregivers as a means of training.

The Washington Attorney General’s office forwards complaints of abuse and neglect to Adult Protective Services, which in turn investigates each case to determine if criminal charges are warranted. The state receives about 13,000 complaints of abuse and neglect each year from adults living in their own homes.

“We’re not against the workers,” Snyder says, “but they need to be trained by us.”

SOURCE: Nursing Home Abuse › Advocacy group wants more control over caregiver training

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The LEAPS (Leaders in Elder Abuse Prevention) initiative will bring together agencies, community organizations, and health care providers responsible for the care of senior citizens in an effort to better identify seniors who may be suffering from abuse or living in at-risk situations. Once these individuals are identified, LEAPS would help get them proper care and get them out of a negative situation before it escalates.

Officials say that by the time a case of elder abuse is brought to their attention, it is too late. Often, there are warning signs that could have signaled danger, and if those signals had been picked up, the negative situation could have been stopped before it got worse. LEAPS will train members to detect signs of elder abuse and how they can better assist in individual cases. This includes assisting financially strapped caregivers with prescriptions, transportation, food and health services.

The Boston Globe story states that in addition to the Office of Elder Affairs and the Middlesex district attorney’s office, institutions that have joined LEAPS include Emerson Hospital in Concord, Lahey Clinic in Peabody and Burlington, Newton-Wellesley Hospital, and Mount Auburn Hospital in Cambridge. The initiative does not call for any public funding, as it is a simple sharing of services and information.

Individuals in the Middlesex area can contact the Elder Abuse Hotline at 800-922-2275; Protective Services Programs and Services at 617-727-7750; and Prescription Advantage at 800-243-4636.

SOURCE: Nursing Home Abuse › Agencies team up to prevent elder abuse

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The Patient Safety and Abuse Prevention Act is sponsored by New Mexico’s senior senator, Pete Domenici, R-N.M., and Sen. Herb Kohl, D-Wis.

This process could greatly reduce the number of nursing home abuse and neglect cases that plague the long-term care industry. These are tragedies we hear about daily in the news, like the report two days ago of the Jacksonville, Ill., woman suing her father’s nursing home for his wrongful death just 19 days after he was admitted; or the painfully sad story last month of the four nursing home aides in Minnesota who taunted and molested 15 residents suffering from Alzheimer’s and dementia simply to “get a good laugh.”

“This bill is an important step in providing the safeguards needed to prevent abuse and mistreatment by those who care for our elderly and disabled,” Sen. Domenici was quoted as saying in The Daily Times. “I hope the Senate will pass it during this legislative session.”

SOURCE: Nursing Home Abuse › Senate to consider Patient Safety and Abuse Prevention bill

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There is truly a special place … well you know where … for people who would do something like this. According to the report, which was carried by local CBS affiliate WCCO, the nursing assistants allegedly spit in residents’ mouths, poked their breasts and touched their genitals, and teased them.

Nursing home abuse has to be one of the most incomprehensible acts I encounter in my work with personal injury cases. I just don’t understand how people who are supposed to offer care and comfort, security and peace, could be so cruel. Particularly in the case of Alzheimer’s or dementia patients, who so often are bewildered and afraid, adrift in unclear memories and unsure of what is happening around them to begin with. To abuse these defenseless people – it’s just inexcusable.

Unfortunately, there is still no system for compiling official national statistics about nursing home abuse and neglect. According to the National Center on Elder Abuse, as a result no one knows precisely how many older Americans are being abused, neglected or exploited.

The major types of elder abuse are physical abuse, which includes inappropriate use of drugs and physical restraints; sexual abuse; emotional or psychological abuse, which, in addition to verbal attacks or intimidation includes enforced social isolation and treating an older person like an infant; neglect; abandonment; and financial or material exploitation.

It is most often left up to the individual – family members of loved ones – to monitor the care provided by their chosen nursing home facility. Too often, distance prevents regular visits, and families are left to worry, and hope for the best.

SOURCE: Nursing Home Abuse › a special place …

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Home caregivers fall into two basic categories – those who provide basic health services, and those who provide non-medical services like housekeeping, cooking and nonmedical help. The WSJ reports these are the second- and third-fastest growing occupations in America.

The report finds that the majority of abuse cases are linked to nonmedical care providers, because this type of personnel is not required to have any specialized training, and very often not regulated. In fact, nonmedical caregivers do not have to be licensed or even pass a criminal background check in order to be employed in at least 22 states, the Journal reports.

People often choose in-home care as a less stressful alternative to displacing an elderly person from his or her home. In home care also is a cost-saving option. According to figures supplied by the WSJ, it costs Medicaid about $6,000 per person for home care, as opposed to around $20,000 for care in a nursing home facility.

People considering at-home care for an elderly loved one are encouraged to contact the U.S. Administration on Aging by calling toll-free 1-800-677-1116 or visiting www.eldercare.gov. They can provide assitance about locating licensed, safe caregivers.

SOURCE: Nursing Home Abuse › Rising abuse in at-home care

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CMS is the federal agency that manages Medicare, the health insurance program for the elderly and disabled, and Medicaid, the health program for the poor.

On its web site, CMS says the new system is being designed as an easy way for the public to understand their assessment of nursing home quality, and will provide the public with a way to make meaningful distinctions between high-performing and low-performing homes. The rankings will be posted on the agency’s Nursing Home Compare Web Site, with plans to launch the program in December.

In June and July, the CMS is asking the public to visit its site and provide feedback about the new star rating system. A sample screen shot of the proposed star ratings also is available.

A press release on the agency web site quotes Kerry Weems, CMS acting administrator, as saying, “More than three million Americans rely on services provided by a nursing home at some point during the year. The new ‘five star’ rating system will provide a composite view of the quality and safety information currently on Nursing Home Compare to help beneficiaries, their families, and caregivers compare nursing homes more easily.”

According to CMS, this will be the first time the agency has offered a rating system for the fee-for-service, or traditional Medicare progra. Currently, the Compare web site assists beneficiaries and their families in making nursing home choices by providing information on individual measure of quality of care, staffing, and survey inspection information.

Medicare already lists troubled nursing homes in its online database, but that system can be hard for the general public to understand or to navigate. It is hoped that the new system will be easier to use, and therefore more effective for decision making.

Another hope is that by being listed as low performers with the easily identifiable star system, nursing homes that are below par will be motivated to improve, CMS officials say.

Descriptive information about the quality rating system and its progress may be obtained after June 22 on the CMS Hot Topics web page.

Comments and suggestions about the new nursing home rating system should be sent to BetterCare@cms.hhs.gov.

SOURCE: Nursing Home Abuse › Five-star care

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The Register reports that records with names of caregivers fired for abuse were sealed beginning last August based on a new interpretation of a state law that has been on the books for 17 years, which specifies that judges are obligated to keep “unspecified types of abuse information” confidential. Prior to the new practice of sealing records, the names of Iowa caregivers fired for abuse were provided to Iowa Workforce Development, which could disclose them publicly.

Sealing the records eliminated public access to information such as names of workers fired for abuse, their employers, and cities where abuse occurred, making it difficult for families considering nursing home facilities to examine a facility’s history of safety. The Register reports that recently sealed cases included incidents involving a patient death, and the financial exploitation of a patient by a caregiver who took about $1,000 in cash and gift cards from a nursing home resident.

The new ruling allows public disclosure of the names of workers fired for abuse, their employers, and related agency records, but maintains the confidentiality of state investigators’ abuse reports, to protect the identity of nursing home residents involved in abuse situations. The decision also gives the public the right to review documents such as care facility inspection reports. The Iowa Department of Inspections and Appeals keeps a database of more than 18,000 nursing home inspection reports, which is accessible to the public online.

Read the full article at The Des Moines Register online.

SOURCE: Nursing Home Abuse › Abuse Records Reopened

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