Iowa Governor Chet Culver

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

Washburn was working as marketing and admissions coordinator at Montrose when she spotted a coworker chiding a resident who was in a wheelchair. The worker, who had been with the facility 11 years, called the resident pathetic, reducing the patient to tears. Washburn reported the incident to the nursing home administrator, David Payne, but days later when he didn’t take action, Washburn took the matter into her own hands, calling state authorities to report the incident.

After all, it is state law to report suspected abuse. The “mandatory-reporter” law, which states that it is a crime for employees not to report cases of suspected dependent-adult abuse, exists in 45 states.

Washburn went one step further. She talked to coworker Tammy Hopp and encouraged her to tell the inspector everything she saw during the incident of abuse. But when Hopp met with inspectors she did not fully disclose the details, choosing instead to protect her coworkers. As a result of Hopp’s testimony, the abuse was ruled unfounded. And shortly thereafter, Hopp was promoted and Washburn was sent packing.

Washburn’s firing was not based on her reporting the incident of abuse, contends Payne. He says she was let go because, by coercing Hopp, she interfered with a government investigation.

Hopp has since testified under oath that she downplayed the incident to state authorities. The Iowa Department of Inspections and Appeals has reopened the case.

SOURCE: Nursing Home Abuse › Nursing home worker fired after reporting abuse

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

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