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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According to the investigation, only 20 minutes passed since a nursing home staff member saw the victim and the time of his death. An alarm also sounded when the man passed through a security door.

The resident who died suffered from dementia, a condition that often makes its victims prone to wandering. Many facilities who treat patients with cognitive disorders have security doors and alarms to alert staff when residents wander out of range.

Just last month we told you about a resident of a Massachusetts nursing home who died after the wheelchair she was in rolled down a flight of stairs. The woman had wandered off from the nursing home unnoticed. Family members argued nursing staff should have taken stronger measures to ensure her safety. She was not wearing the doctor-prescribed security bracelet that would sound an alarm if she wandered too close to the facility’s exit. Regardless, family members want to know why no one on staff even noticed her leaving. In that case, the parent company, Life Centers of America, which owns Life Care Center of Acton, was charged with manslaughter neglect of a long-term care facility resident. The company faces up to $6,000 in fines.

Sources:
Brenham Banner-Press

SOURCE: Nursing Home Abuse › Nursing home resident dies after fall down steps

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Ombudsmen provide a valuable service to the elderly. Not only do they serve as advocates to nursing home residents, they also investigate and resolve complaints and make unannounced visits to nursing homes to ensure residents’ needs are being met. An estimated 40 percent of nursing home residents have no family or friends to visit with or advocate for them.

A spokesperson with Ombudsman Services of Northern California says mandatory reporting of incidents has dropped though the number of residents in the homes has increased – a formula which doesn’t make sense. The group is concerned that the 1,600 northern California nursing homes and assisted living facilities regularly serviced by the program will begin to see a rise in senior abuse.

Instead of visiting assisted living facilities once a month and nursing homes weekly, since the budget cuts ombudsmen visits have dropped to once a year for assisted living facilities and monthly for nursing homes.

According to the report, Assemblyman Dave Jones, (D) Sacramento, has co-authored legislation to restore ombudsman funding. That bill would direct money to the ombudsman programs from fines levied against care home operators who break the law.

SOURCE: Nursing Home Abuse › CA long-term care facilities suffer from cuts to ombudsman program

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The most shocking complaint involves a mentally disabled female resident. One worker says she had to force her way into that resident’s room because the door had been secured with a chair. When she entered, the worker says she saw Bautista-Meraz bent over the resident, who was partially dressed. The woman was bleeding from the vagina. Bautista-Meraz claimed he was cleaning the woman though he had no cleaning supplies with him. The nursing home countered the claim by saying it was not unusual for staff to secure the resident’s door with the chair, and that the bleeding was not uncommon in the resident as she suffered from abdominal cancer.

Other incidents include one resident claiming Bautista-Meraz ordered her to undress while he watched. Another says the aide grabbed her breast. And others say he was he was rough or handled them in a sexually suggestive manner. Bautista-Meraz has yet to be charged.

The home was cited by state inspectors in November 2006 for not reporting the allegations of abuse to the state Department of Health and not investigating the matters further. The home appealed the fine but Administrative Law Judge Jose Anglada upheld the decision saying the home “displayed indifference and disregard to resident care and safety.”

SOURCE: Nursing Home Abuse › Iowa nursing home fined for indifference to sexual abuse claims

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Had McCauley been wearing the doctor-prescribed bracelet that would sound an alarm and lock the doors if she wandered too close to the home’s exit, perhaps her story wouldn’t have ended so tragically. Attorney General Martha Coakley believes the home was negligent by not ensuring that McCauley was wearing the bracelet.

The home’s parent company, Life Care Centers of America, headquartered in Tennessee, is charged with manslaughter neglect of a long-term care facility resident. Trial began this week in Middlesex Superior Court, according to the Wicked Local. The company faces up to $6,000 in fines if found liable.

Life Care operates more than 200 facilities in 28 states and has been in the spotlight for erroneous practices in the past. In 2005, the company shelled out $2.5 million to resolve a Medicaid/Medicare fraud case. In 2007, the company paid an additional $164,000 for deficiencies directly related to deficient resident care that put resident’s in harms way.

Meantime, the Massachusetts legislature is considering a change in law that would increase the maximum fine for a corporation convicted of manslaughter from $1,000 to $250,000. If the law is passed, it would not apply retrospectively to McCauley’s case.

SOURCE: Nursing Home Abuse › Nursing home corporation faces manslaughter charges

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Sen. Kotowski says the basis of the bill is to ensure that problems at nursing homes get fixed. The Illinois Department of Public Health would be charged with overseeing the system and deciding if homes were using the refunded fines to remedy problems. If passed, Illinois would become the only state to refund nursing home fines.

“We really want to use the enforcement system to fix the problem,” said Terry Sullivan, a representative with the nursing home advocacy group Health Care Council of Illinois. “Why take funding away from the facility just when they need it?”

Wendy Meltzer, director of the Illinois Citizens for Better Care said the idea of refunding moneys paid by nursing homes that have been cited for abuse or neglect in “the rape or death of a resident is ‘morally repugnant,’” according to the news report.

The bill will also siphon funds from a special state fund that currently pays for Public Health employees to monitor troubled nursing homes and who take temporary control over troubled facilities.

Facing mounting opposition, Sen. Kotowski says he is willing to modify the legislation to please both sides for the greater good of those living in nursing homes.

SOURCE: Nursing Home Abuse › Illinois nursing home advocates fight proposed bill to refund fines

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If Winchester Centre loses its contract, the home will stop receiving Medicare and Medicaid payments from the federal government and will no longer be certified to care for patients receiving those services. In that event, patients at the home would then be transferred to certified nursing homes, which may result in the closing of Winchester Centre. Officials say they are unsure what will happen to Winchester Centre and that other options besides closing are available, such as bringing in a new group of professionals to run the nursing home and incurring daily fines until specific citations are resolved.

Currently, 166 patients reside in the 183-bed facility. The home offers skilled nursing and rehabilitative care as well as a special unit for patients with dementia. Central Kentucky already has lost 400 Medicaid beds for nursing home patients, said Gannoe. “It’s a disaster for Central Kentucky,” she says.

SOURCE: Nursing Home Abuse › Kentucky nursing home facing most serious citation

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State investigators cited 16 infractions in a 370-page report released earlier this month.

One abuse claim stems from a patient, Carol Crow, who was found by family members covered in bruises on her face, around her neck and completely down her chest. Crow’s family is convinced that Crow was attacked, but the nursing home disputes that claim, insisting that she simply fell.

Another allegation of abuse, detailed in five pages of the report, is of patient who claimed he was hit by another resident day after day. His femur and hip were broken in the attacks, and he died a month later.

“In my opinion, we need a new owner of this facility who’s going to take action for the residents in their care,” says Wes Bledsoe of the Oklahoma Health Department that investigated the claims and filed the report.

The Health Department is recommending Whispering Pines not be allowed to accept any new Medicare and Medicaid patients until the deficiencies are corrected. If the center isn’t in compliance within six months its Medicare and Medicaid payments for existing patients could be cut off.

Whispering Pines has presented a plan to the Department of Health stating that it will correct all violations by Nov. 28.

SOURCE: Nursing Home Abuse › Oklahoma nursing home faces fines for endangering patients

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One such contributor is Tim Boyle, owner of Friendship Manor in Grinnell, Iowa, and president of the board of the Iowa Health Care Association, a lobby group that represents nursing homes.

Friendship Manor made news recently after it was fined $112,650 – one of the largest fines ever imposed against an Iowa nursing home. The home was charged with neglecting an 89-year-old woman who died while in residence at Friendship Manor. The victim, Ruth Louden, lived independently and was in good health until she broke her leg and moved into the home for recovery. She complained of excruciating pain but it was only after a physical-therapy aide noticed Louden’s leg smelled like “rotting meat” and that blood was seeping through her medical stocking, that Louden was rushed to the emergency room and treated. Doctors noticed the dressing on her wound had not been touched since it was applied four weeks earlier. Louden’s leg had to be amputated, but she never recovered. She died just a few months later.

The Tribune quotes the Des Moines Sunday Register, which reported that 11 fundraisers were held at Iowa nursing homes. Some of the biggest recipients of contributions from the Iowa Health Care Association Political Action Committee in 2008 included Iowa Democratic Party and Iowa Senate Majority Leader Mike Gronstal, the Republican party of Iowa, Senate Minority Leader Ron Wieck, and Iowa Gov. Chet Culver.

SOURCE: Nursing Home Abuse › Iowa lawmakers receive money from nursing home lobby group

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Of those 23 homes, 16 stand to collect bonus Medicaid payments this year from state and federal taxpayers, according to the Register. The bonuses are tied to a state program that rewards nursing homes for providing quality, cost-effective care.

Elderly abuse is a crime. If you or a loved one have suffered nursing home abuse and neglect, please contact us today or call your local law enforcement agency.

Here’s how much each home was fined in 2007 and how much it stands to collect this year in performance-based bonuses. The homes are ranked based on the amount of their 2007 fines.

Meadow Lawn Health Care, Davenport
2007 fines: $33,350
2008 bonus: $0
Goldenrod Manor Care Center, Clarinda
2007 fines: $20,000
2008 bonus: $9,680
ManorCare, West Des Moines
2007 fines: $19,500
2008 bonus: $0
Risen Son Christian Village, Council Bluffs
2007 fines: $18,500
2008 bonus: $0
The Abbey, Le Mars
2007 fines: $17,300
2008 bonus: $11,339
Cedar Falls Health Care Center
2007 fines: $16,500
2008 bonus: $0
Iowa Masonic Home, Bettendorf
2007 fines: $15,000
2008 bonus: $44,502
USA Healthcare, Urbandale
2007 fines: $13,400
2008 bonus: $76,859
Ramsey Village, Des Moines
2007 fines: $13,000

2008 bonus: $8,133

Glen Haven Home, Glenwood
2007 fines: $13,000
2008 bonus: $12,028
Park View Care Center, Burlington
2007 fines: $12,250
2008 bonus: $22,418
Woodlands Rehabilitation Center, Council Bluffs
2007 fines: $12,000
2008 bonus: $33,801
Lantern Park Nursing and Rehabilitation Center, Coralville
2007 fines: $12,000
2008 bonus: $0
Good Samaritan Home, Villisca
2007 fines: $11,500
2008 bonus: $25,198
Wesley Acres, Des Moines
2007 fines: $11,500
2008 bonus: $8,894
Nelson Nursing Home, Fairfield
2007 fines: $11,500
2008 bonus: $17,972
Oakwood Nursing and Rehabilitation Center, Albia
2007 fines: $11,500
2008 bonus: $0
Red Oak Rehabilitation and Care Center
2007 fines: $11,000
2008 bonus: $9,225

Riverside Manor, Ames
2007 fines: $10,500
2008 bonus: $0
Windmill Manor, Coralville
2007 fines: $10,500
2008 bonus: $24,811
The Manor, Malvern
2007 fines: $10,350
2008 bonus: $18,555
Clearview Home, Mount Ayr
2007 fines: $10,000
2008 bonus: $57,552
Elm Crest Retirement Community, Harlan
2007 fines: $10,000
2008 bonus: $24,142

Source: Iowa Department of Human Services, Iowa Department of Inspections and Appeals. (Specialized facilities, hospital affiliates and state-run homes do not participate in the bonus program.)

SOURCE: Nursing Home Abuse › Nursing home fines, bonuses

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