Silver Lake Care Center

Investigators cited the nursing home in February saying it failed “to screen for, prevent, identify, report and investigate abuse.” Former director of nursing Terri Conley said she resigned from the home in January because the home was severely understaffed. “If you don’t have enough staff, the residents are not going to get the care they need,” she told the newspaper. “Families of the residents noticed and came to me asking why there wasn’t enough staff.”

Several families have filed suit against the home for neglect and wrongful death, and a caretaker at the home, Jason Pearl, was charged last month with abuse. He is currently in Washington County Jail awaiting a preliminary hearing scheduled for next month.

The nursing home is also facing a litany of financial woes. The Housing and Urban Development’s Public Affairs Office said that an FHA-insured mortgage at was in default, which prompted the home’s closing, and at least one staffing agency is reportedly suing the nursing home owner for nonpayment.

Eddie Martin of Sallisaw is listed as a part owner in the home. Martin also holds an interest in seven other homes in Oklahoma, three of which no longer receive Medicare and Medicaid dollars because of serious code violations. A fourth home is currently under order to clear up deficiencies by May 8 or lose its federal funding as well.

SOURCE: Nursing Home Abuse › OK nursing home closes amid allegations of abuse, neglect

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Apparently the new rule slid under most radars, but the results have left those pursing lawsuits fighting a more difficult battle than before to prove their cases against nursing homes. The rule designates state inspectors and Medicare and Medicaid contractors as federal employees, which helps prevent them from getting involved in private litigation without approval from the head of the Department of Health and Human Services.

Litigants now must jump through more hoops – like obtaining court orders – to get information that was once much easier to obtain, such as inspection reports. Those inspection reports can often reveal signs of abuse or neglect that the average person may not be aware of.

Proponents of the ruling say that it was necessary in order to hire new contractors to carry out activities like federal payments to providers, perform audits and oversee certification and surveys of nursing homes.

A representative from the American Health Care Association says the organization also is having difficulty getting details on how state inspectors determine penalties and citations. But, it seems, it’s the victims of potential abuse and neglect who will suffer the most.

According to a representative with the National Senior Citizens Law Center in Los Angeles, “This change hurts nursing-home residents and their families by allowing bad practices to be kept in secret by nursing homes and inspectors. … Government inspectors have the right to go into nursing homes and investigate, and they learn things that residents and families otherwise could never find out.”

SOURCE: Nursing Home Abuse › New rule makes obtaining nursing home information more difficult

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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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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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Disability Rights Washington (DRW), a nonprofit organization that protects the rights of people with disabilities, reported numerous examples where the three state agencies charged with investigating reports of abuse and neglect failed to protect frail adults. For example, clearing a nursing home of abuse allegations against a 93-year-old resident with suspicious injuries without reviewing photographs or talking to witnesses.

The three agencies cited in the report include Adult Protective Services, Residential Care Services and Health Professions Quality Assurance. The Washington Department of Social and Health Services (DSHS) oversees both Adult Protective Services and Residential Care Services. The state Health Department oversees Health Professions Quality Assurance.

The Seattle P-I report cites 2006 data that claims only 10 percent of the more than 13,000 complaints made to Adult Protective Services were substantiated; less than 6 percent of the nearly 23,000 complaints made to Residential Care Services were substantiated; and Health Professions Quality Assurance took disciplinary action in less than 10 percent of the more than 6,500 complaints it received and pursued no criminal charges against a single facility.

All three agencies claim they have insufficient staff with inadequate training to meet the demands of their offices. A spokesperson with Residential Care Services, which investigates allegations against nursing homes and other residential services, says it has begun investigating specific reports of abuse in all facilities. And while the agency recently hired seven additional staff members, they are still too understaffed to oversee the state’s 3,000-plus licensed facilities.

SOURCE: Nursing Home Abuse › Washington agencies accused of not investigating abuse claims

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Other states on the “worst reporting” list are Arizona, Missouri, New Mexico, Oklahoma, South Carolina and South Dakota.

Results of the report were published in the New York Times May 15, which says the study “reveals a widespread ‘understatement of deficiencies’ including malnutrition, severe bedsores, overuse of prescription medications, and nursing home resident abuse.”

The study was requested by Sen. Charles E. Grassley (R-Iowa) and Sen. Herb Kohl (D-Wis., Chairman, Senate Special Committee on Aging). They have introduced a bill to upgrade nursing home care and increase penalties for federal standards violations.

Beasley Allen hears from people every day who are shocked and grieved to find their loved ones have suffered at the hands of the very people they expect to provide expert care and compassion. Certainly, increasing penalties seems like a step in the right direction.

David P. Sloane, a spokesperson for the AARP, which lobbies for older Americans, praises the effort, quoted by the Times as saying it is “one of the most significant nursing home reform initiatives” in two decades.

Read the full story in the New York Times.

SOURCE: Nursing Home Abuse › Alabama Among Worst

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