Indiana Injury Lawyer Blog

Indiana families know how difficult it can be to find a quality nursing home for their loved ones. Nursing Home Abuse is one big concern. Nursing Home Neglect and Injuries are growing problems that often go unreported or aren't discovered until it is too late. Recently, the Indianapolis Nursing Home Abuse Lawyers read a report by the AARP which detailed the best and worst states for long term care. Unfortunately, the article listed Indiana as one of the worst states, coming in at number 47 out of 50.

The lack of quality Nursing Home care not only in Indiana but throughout the country is getting President Obama's attention. The President recently proposed tough new penalties for skilled nursing facilities whose residents are too often taken to hospitals. These patients are taken to hospitals for treatment of injuries that came from falls, infections or faulty medication management. In other words, many of these patients are victims of Nursing Home Abuse, and these injuries are commonly seen by the experienced Indiana Nursing Home Neglect and Injury Attorneys at Kooi Law.

These new penalties for Nursing Home Injuries are part of President Obama's deficit reduction plan. Obama is seeking to cut several hundred million dollars from expected Medicare and Medicaid spending. Some of those cuts would come from payments to nursing homes and home health agencies, but some of those cuts would also target long term care facilities with high hospital admission rates.

The Kaiser Family Foundation found about 40% of Nursing Home patients are admitted to hospitals on average each year, and about 25% of them could be avoided. Additionally, a congressional review panel found about 14% of patients taken directly from hospitals to skilled nursing facilities are re-admitted to hospitals for conditions and/or injuries that could have been prevented.

The penalty for poor Nursing Home Quality of Care in Indiana Nursing Homes and in facilities across the country would be that these facilities could lose up to 3% of their Medicare payment. It would apply to residents who are getting rehabilitation or recovering from a hospital stay. As of now, it would not apply to long term residents getting Medicaid.

While the President's proposal could improve the quality of Nursing Home Care, it is also imperative that people who suspect Nursing Home Abuse report it to the proper authorities to ensure the perpetrators are stopped and punished and that the victims receive the proper care and compensation.

Continue reading "INDIANA NAMED ONE OF WORST STATES FOR LONG TERM CARE, NURSING HOME ABUSE" »

In Indiana and throughout the country, Nursing Home Abuse is a growing and troubling problem. The Indianapolis Nursing Home Abuse Lawyers know all too well how devastating Nursing Home Abuse can be for the victims and for the victims' families. One tool many families are turning to more and more to protect their loved ones in nursing homes is a hidden camera. These so-called "granny cams" are providing families and even facility managers and law enforcement officials with evidence to catch workers who are abusing the elderly residents.

Experts in the long term care industry say hidden camera use is on the rise and point to several instances where the use of hidden cameras has revealed Nursing Home Abuse. For example, in Minnesota recently, hidden cameras caught workers mistreating residents in several cases at assisted living facilities.

And in Indiana's neighbor to the East, Ohio, people are using hidden cameras in nursing homes. Earlier this year, a man in Ohio put a "granny cam" in a desk to reveal two nursing home employees abusing and causing injury to his 78 year old mother who has Alzheimer's disease.

Of course, the use of hidden cameras raises several privacy concerns. People in the long term care industry have long fought against legalizing the use of hidden cameras, pointing to insurance costs and privacy concerns. Those against the use of these cameras also say the cameras would hinder a nursing home's ability to hire personnel.

The legal issues surrounding hidden camera use vary by state. An honest and experienced Indianapolis Nursing Home Abuse Lawyer can help you determine if the use of such cameras is allowed in a specific nursing home. Even if one does not have access to a hidden camera, there are ways one can spot Nurisng Home Abuse or Neglect. According to experts, one should look for open cuts or wounds, welts or bruises on the patient. One should also become suspicious if the caretaker cannot adequately explain the condition of the patient. These are just some of the signs of possible physical abuse.

Of course, physical abuse is not the only form of abuse one needs to worry about. One should also be concerned with emotional and verbal abuse and neglect. Nursing Home Neglect can often be spotted by dehydration or malnutrition in a resident along with bed sores. Unsanitary and unclean conditions can also be signs of Nursing Home Neglect.

Continue reading "HIDDEN CAMERA USE RISING TO PROTECT AGAINST NURSING HOME ABUSE IN INDIANA AND COUNTRY" »

For many Indiana families, placing a loved one in a nursing home is an extremely difficult and emotional decision. Fears of Nursing Home Abuse only compound this decision. And unfortunately, nursing home abuse is a growing problem. The Indianapolis Nursing Home Injury Lawyers at Kooi Law noted a recent study which found about half of all nursing home residents will have injuries or illnesses go unreported, untreated, or undiagnosed during their stay at a nursing home.

Further studies of Nursing Home Abuse found about 30% of long-term care staff saw physical abuse of a patient in the previous year. And, when the definition of abuse is broadened to include verbal abuse, 81% report having seen abuse. Equally as troubling, 40% say they committed abuse at least one time in the last year. Thus, nursing home abuse and neglect is a huge problem in both Indiana and throughout the country.

So what laws and regulations exist to protect residents from Nursing Home Injuries and at the very least, give them and/or their families recourse in the event abuse does occur? The Indiana Nursing Home Negligence Attorneys are extremely knowledgeable about the federal and state laws governing nursing homes. The main federal law is known as the Federal Nursing Home Reform Act. It was enacted in 1987. This Act established a national minimum standard of care and rights for patients in certified nursing facilities. Nursing homes wanting Medicare or Medicaid funding were then required to provide services so that each resident could “attain and maintain her highest practicable physical, mental, and psycho-social well-being.”

As for individual states like Indiana, they were still allowed to enact even stricter nursing home guidelines. And Indiana does have specific steps nursing home residents and/or their families should take if they suspect abuse. First, if you suspect abuse, you should gather evidence and information to write a report on the abuse. The information should include the facility's contact information, people involved in the alleged abuse and the date and time of the suspected incident.

Then, as quickly as possibly, you should contact the Indiana State Department of Health’s Division of Long Term Care. It is important to note that once the complaint is filed, the name of the person reporting the complaint is kept confidential. About a week after the report is filed, you will receive confirmation by mail from the Long Term Care Complaint Department verifying that they received it and letting you know that an investigation was started. You will be notified again when the investigation is done, and you will be told the results.

Continue reading "A CLOSER LOOK AT LAWS TO PROTECT AGAINST INDIANA NURSING HOME ABUSE AND NEGLECT" »

The parties involved in a Nursing Home Abuse case in Kentucky, Indiana's southern neighbor, appear to have reached a settlement. The Attorney General agreed to terms with former Hazard Nursing Home administrator Sheila Noe and the owner of the home. The agreement could include dropping the criminal charges of failure to report possible sexual abuse of a nursing home resident. However, if the nursing home administrators do not follow terms of the deal, those criminal charges could be reinstated.

Local media outlets report this case stems from an inspection by authorities in May of 2010. They claim to have found cases of possible Nursing Home Abuse and Neglect that nursing home administrators did not report. For example, one 88 year old resident was apparently sitting in the hallway where other employees and a supervisor could see her when a male resident approached her and ejaculated on her face.

Reporting possible Nursing Home Abuse and Nursing Home Injuries is key in protecting your loved ones and in helping stem the problem of nursing home abuse. The Indiana Long Term Care Ombudsman Program provides assistance if you suspect Nursing Home Abuse. There are local representatives throughout the state as well as a statewide phone number you can call for further information: 1- 800-622-4484 or (317) 232-7134.

Continue reading "AGREEMENT MADE IN NURSING HOME ABUSE CASE IN INDIANA'S NEIGHBOR" »

A neighboring Indiana state, Kentucky, is the location of a nursing home at the center of a Nursing Home Abuse lawsuit. The Johnson Mathers Nursing Home is being sued by the estate of a resident who died while at the home. The suit contends people who worked at the home changed documents to hide egregious acts. The resident, Lorrine Wheeler, died in 2010 after she choked on food. She was supposed to eat only pureed food.

The Kentucky Attorney General is looking into this tragic incident of suspected Nursing Home Abuse and Nursing Home Neglect. It's not the first time the Johnson Mathers Nursing Home has been cited for a Type A violation which is considered serious. In 2009, the home received one after a mentally handicapped resident died from excessive bleeding in his brain.

In Kentucky, the Cabinet for Health and Family Services directs the most severe violations to the Attorney General's Office of Medicaid Fraud and Abuse Control. The process of dealing with Nursing Home Abuse reports and investigations varies from state to state. In Indiana, if you suspect nursing home abuse or neglect, you should contact The Division of Long Term Care of the Indiana State Department of Health. Its office is in downtown Indianapolis.

Continue reading "INDIANA'S NEIGHBOR IS SITE OF SUSPECTED DEADLY NURSING HOME ABUSE" »

Deciding which Indiana Nursing Home to select is often a very difficult decision for the soon-to-be residents and their families. After a nursing home is chosen, residents should enter it armed with the knowledge to protect themselves from Nursing Home Abuse or Neglect.

A United States federal government website, www.medicare.gov, lists numerous expectations and rights for nursing home patients. Among them, a nursing home resident should expect to be treated with respect and be free from discrimination. Residents should also remember that nursing home staff cannot use physical restraints or chemical restraints as an easy or convenient form of discipline. That leads to a similar right -- to not be abused, injured, or neglected. Nursing home abuse includes verbal, sexual, physical or mental mistreatment.

Unfortunately, though, nursing home abuse and neglect happen all too frequently. Reports of abuse are handled differently depending on the state where it occurs. Typically, the resident should report it to a state agency that oversees nursing homes or long term care. In Indiana, you should submit your report of abuse to the Division of Long Term Care of the Indiana State Department of Health. It is located in Indianapolis.

Continue reading "A PATIENT'S RIGHTS AS AN INDIANA NURSING HOME RESIDENT TO PROTECT AGAINST ABUSE, INJURIES, AND NEGLECT" »

Indiana families with loved ones in nursing homes now have another area of concern. This week, the United States Department of Health and Human Services released findings of its latest audit which showed a troubling form of Nursing Home Abuse. The data showed about 1 in 7 elderly nursing home residents were given an atypical antipsychotic medicine.

As detailed by www.npr.org in the article, "Audit Finds Widespread Use of Antipsychotic Drugs in Nursing Homes," the residents were given these antipsychotic drugs despite findings, and even an FDA warning, that there is a higher chance of dying when the drugs are used to treat dementia in the elderly. The FDA only approved the use of these drugs to treat bipolar disorder and schizophrenia. However, the U.S. Department of Health and Human Services audit found 88% of Medicare claims for atypical antipsychotic drugs showed the medicines were prescribed for elderly nursing home residents with dementia.

According to the recent audit, the three drugs most involved in this nursing home abuse are Seroquel, Risperdal, and Zyprexa. The Inspector General also found in this audit that drug companies were marketing these medicines towards the elderly despite the health risks.

If you suspect your loved one is suffering from nursing home abuse or neglect at a nursing home in Indiana, you can contact the Division of Long Term Care of the Indiana State Department of Health. They are located in Indianapolis.

Continue reading "NEW AUDIT FINDS NURSING HOME ABUSE INVOLVING ANTIPSYCHOTIC DRUGS" »

Indiana's fellow midwestern state, Iowa, is drawing criticism for not doing nearly enough to prevent Nursing Abuse and Nursing Home Neglect. Patient advocates are upset because the state of Iowa cannot pose fines on hospitals or hospital owned nursing homes. This is the case even in instances of nursing home abuse and nursing home neglect.

As reported by www.desmoinesregister.com in the article, "Iowa Hospices Inspected Only Once Every 20 Years," patient advocates says Iowa's health care system is ripe for poor care. That, unfortunately, can lead to Medical Malpractice and Medical Negligence. For example, Iowa does not oversee privately run home health agencies nor does it necessitate licensing or government inspection of out-patient surgical centers. And Iowa hospices are only inspected once every 20 years.

Fortunately for Hoosiers, Indiana has much more oversight on the health care facilities in its state. According to the state's website, Indiana's General Assembly recently created the Regulated Occupations Evaluation Committee. This committee looks into all professional licenses in the state including those in the health care field and examines the state board responsible for reviewing and regulating nursing home administrators.

Continue reading "INDIANA'S FELLOW MIDWESTERN STATE CRITICIZED FOR LACK OF NURSING HOME ABUSE PREVENTION" »

Specialized Indiana nurses are joining forces to help protect against elder abuse including Nursing Home Injuries and Nursing Home Neglect. The Allen County nurses perform forensic medical exams for the Fort Wayne Sexual Assault Treatment Center and have now formed FACE or Forensic Advocacy Center for Elders. This is Indiana's first such program.

As described by www.news-sentinel.com in the article,"Nurses Put FACE on Elder Abuse Victims," this agency aims to provide victims of elder abuse a wide range of help. The goal is to better coordinate responses from various agencies when a report of elder abuse or neglect arises.

Elder abuse can come in many forms including from Nursing Home Abuse and Nursing Home Neglect. While many cases of abuse go unreported, there are dozens of abuse or neglect reports in Indiana each month. As reported in the News-Sentinal article, a long term care ombudsman for northeast Indiana stated that in February alone, she had more than 55 reports of abuse or neglect from verbal abuse to a resident with bruises. And, according to www.elderabuseca.com, in Indiana in the 2004 fiscal year, reports of adult abuse increased about 12 percent from the previous year.

Continue reading "NEW INDIANA AGENCY TO HELP PROTECT AGAINST NURSING HOME ABUSE AND NURSING HOME NEGLECT" »

With reports of Nursing Home Abuse and Nursing Home Neglect prevalent in many states including Indiana, choosing a nursing home for your loved one can be a particularly daunting situation. Fortunately, there are some steps you can take to give you some peace of mind.

According to www.marketwatch.com in the article, "How to Pick the Right Nursing Home," there are five steps to help you in the decision-making process.

1. Look at all the nursing homes in Indiana with four or five stars on quality of care, and check into how much time staff spends with each resident.
2. Examine the costs.
3. Meet as many staff members at your prospective Indiana nursing homes as possible. Ask for their qualifications. Five years experience is ideal, according to experts.
4. Visit those potential Indiana nursing homes several times and at different times. Try to talk with residents about their experiences.
5. Ask nursing home management many key questions. Most importantly, ask if they do background checks on their employees and for a copy of their latest federal inspection. This inspection should tell you if the Indiana nursing home has had recent reports of nursing home abuse or nursing home neglect.

Continue reading "HOW TO PROTECT AGAINST NURSING HOME ABUSE AND NEGLECT" »

Nursing Home Abuse and Nursing Home Negligence are complex problems in both Indiana and throughout the country. Fortunately, state agencies are taking note and working to curtail these devastating problems. Indiana established the Adult Protective Services Program or APS to look into cases of possible elder abuse. In fact, Indiana is the only state in the United States where this program falls under the criminal justice system. APS investigators work in connection with county prosecutors like those in Marion County, Johnson County and Hamilton County.

If you think you or someone you love is suffering an injury from nursing home abuse or nursing home neglect, it's important to take the proper steps to protect yourself or your loved one. Knowing some key definitions can help. According to the website, www.in.gov, physical abuse is any touching of a person in a rude way. Verbal abuse can also land the perpetrator in legal trouble. Neglect is defined as withholding necessary care on purpose. Protecting elders from exploitation also falls under the APS Program. Exploitation is deemed as the improper use of someone's property or services to make money for oneself.

Continue reading "INDIANA STANDS ABOVE OTHERS IN PREVENTING NURSING HOME ABUSE AND NURSING HOME NEGLECT" »

Resolving to put a loved one in a nursing home in Indiana can be a difficult and emotional decision. An even more devastating situation can come later -- realizing that your loved one is the victim of Nursing Home Abuse or Nursing Home Negligence.

According to HelpGuide.com, more than 500,000 reports of Nursing Home Abuse and Nursing Home Negligence reach the appropriate channels and even more go unreported. Nursing home abuse can happen in any state including Indiana and in every city including Indianapolis. There are several different forms of abuse so it's important to know what to look out for so you can protect the elders you hold dearly. Here are the six most common forms:

1. Physical Abuse
2. Emotional Abuse
3. Sexual Abuse
4. Abandonment by Caregivers
5. Heathcare Fraud
6. Financial Exploitation

Continue reading "SIGNS OF NURSING HOME ABUSE AND NURING HOME NEGLIGENCE IN INDIANA" »

Nursing Home Abuse and Neglect is a concern in Indiana and throughout the United States. Now, a new study is raising that fear. A recent government report found that 90-percent of nursing homes hired people with criminal convictions.

According to the article on CBS News entitled, "Over 90 Percent of Nursing Homes Hire Criminals," the federal study also found that almost half of the nursing homes employed five or more people with criminal backgrounds. Registered sex offenders were included in the various types of criminals researches found among workers at several nursing homes.

Unfortunately, ties could be made between employees with convictions and claims of nursing home injuries and neglect. There is some good news -- some states are starting to implement new programs to conduct background checks on nursing home employees.

Continue reading "NEW STUDY RAISES FEARS ABOUT NURSING HOME ABUSE IN INDIANA AND THROUGHOUT COUNTRY" »

Nursing Home Abuse and Negligence is a hot topic among lawmakers in Indiana's southern neighbor, Kentucky. One bill that's been discussed garnered much criticism. It seeks to allow the state board to give private, not public, reprimands to nursing home administrators.

House Bill 414 doesn't indicate exactly what type of nursing home infractions would warrant a private reprimand. The chairman of the board that made suggestions for the proposal said the private criticism wouldn't be used in cases of nursing home abuse or neglect and only in cases that aren't serious enough to necessitate action against an administrator's license.

Not surprisingly, plenty of people oppose this bill. The founder of Kentuckians for Nursing Home Reform says the proposal lacks transparency. He says it is not beneficial to nursing home residents.

And nursing home residents have made dozens of complaints to the Kentucky state board. According to the www.kentucky.com article, "Bill Allows Secret Reprimands to Nursing Home Heads", 29 complaints were mentioned in the board minutes in February of last year.

Nursing home residents in Indiana have also filed many complaints. And they are not alone. According to the National Association on Elder Abuse, in 2003, state Long Term Care Ombudsman programs throughout the United States looked into more than 20,000 complaints of abuse, neglect, and exploitation on behalf of nursing home and board and care patients. Among seven types of abuse categories, physical abuse was the most common type reported.

Continue reading "INDIANA'S SOUTHERN NEIGHBOR WORKING TO PREVENT NURSING HOME ABUSE" »

Dr. Philip Gabriele, 44, and his wife Marcella, 33, were found slain Monday morning at the office of the Gabriele Eye Institute in Elkhart, Indiana. Gabrielle, a well-known eye surgeon in the area, had been under Federal indictment pertaining to 15 patients he had provided treatment for in the past. Reports indicated that the 15 cases involved allegations of healthcare fraud, and were only a small fraction of the over 13,000 patients he had treated over the years.

A family friend of the Gabrieles, Susan Manuszak, told police that when she went to the Gabriele home in Granger Monday morning, she found a suicide note. She called police and met them at the Gabriele Eye Institute Office in Elkhart, where the bodies were located.

The deaths were discovered on the day the Gabrieles were puportedly to turn themselves in to law enforcement to face the alleged health care fraud charges.

A licensed practical nurse employed by SNR Medical Services, a third-party contractor for medical services for the Madison County Jail, was attacked by an inmate on Thursday. The inmate, Omond J. Smith, 32 of Anderson, Indiana, had complained of Asthma symptoms while being transported from the Wabash Valley Correctional Facility to the Madison County Courthouse for a hearing.

While receiving treatment from the LPN, Smith apparently got a hold of some type of wire mesh cloth which he used during the attack. Shortly after attempting to restrain the LPN, a guard heard the commotion and intervened to help the nurse.

Smith will be charged with criminal confinement, battery and possession of a dangerous weapon/material. The LPN reported to have sustained only minor injuries.

Officials with the Clarion Health Network, Methodist Hospital, and Clarian Cardiovascular announced that Methodist Hospital has become the first accredited Heart Failure Institute in the State of Indiana and only the fourth such institute in the nation. This designation is provided by the Health-care Accreditation Colloquium.

The designation of a Heart Failure Institute demonstrates a guarantee to provide ongoing cardiac care, efforts to improve patient survival and quality of life, and continuous progress in management of heart failure symptoms.

The procedure by which a facility obtains accreditation is designed around improvement methods, which include an analysis of current practices, comprehensive reports, in depth interviews and onsite review. By obtaining the distinction of accreditation, Methodist has shown that it is proficient in managing heart disease and failure.

Continue reading "METHODIST HOSPITAL IN INDIANAPOLIS, MARION COUNTY, INDIANA IS NAMED AS ONE OF ONLY FOUR ACCREDITED HEART FAILURE INSTITUTES IN THE COUNTRY AND THE FIRST IN THE STATE OF INDIANA" »

When the CMS issued its new ratings in December, 2008, about 22 percent of the nation's nearly 16,000 nursing homes received the
federal government's lowest rating under the new five-star rating system , while only 12 percent received the highest ranking possible.

The acting administrator for the Centers for Medicare and Medicaid Services, Kerry Weems, said the agency was merely taking existing data already on the agency's Web site and facilitating its use for patients and families. He said it can be difficult for people to understand all the aspects of an inspection, but "[t]his should help consumers in narrowing their choices, but nothing should substitute for visiting a nursing home when making a decision".

Under the new system, five stars means a nursing home ranks much above average, four stars indicates an above average ranking, three stars means average, two is below average and one is much below average. The rankings will be updated quarterly, and the CMS is already getting a lot of flack from the nursing home industry. Many facilities believe the system is just not easily applied under the current investigative process conducted by the states. The key argument in this is that each state has their own subjective process by which they review facility performance.

The system "is poorly planned, prematurely implemented and hamhandedly rolled out," said Larry Minnix, president and chief executive officer of the American Association of Homes and Services for the Aging.

Countering this, however, was Alice H. Hedt, executive director of the National Citizens' Coalition for Nursing Home Reform. She noted, "[f]rom a consumer viewpoint, it's not stringent enough... It's basically taking information already available on Medicare's Nursing Home Compare Web site and pulling it into an easier system for consumers to use, and that is a good thing."

Still, both consumer watch groups and the CMS believe that the system cannot be a substitute for personal inspection and investigation.

In rating the nursing homes, CMS used three year's worth of inspections which were recorded on an annual survey designed to measure how well homes protect the health and safety of their residents.

Continue reading "INDIANA NURSING HOMES CONCERNED ABOUT NEW FEDERAL CARE RATINGS" »

The Centers for Medicare and Medicaid Services (CMS) recently released a new five-star rating system to rank every nursing facility in the country. Two White County Indiana nursing homes came in at opposite ends under the new system. Monticello Assisted Living and Healthcare was given a one-star rating (the worst under the new system) while Whispering Pines received the second to highest rating, four-stars. The ratings were released in December and updated January 15th.

Nearly 28 percent of Indiana's nursing facilities were given one star, the lowest rating. By far, the most troubling area for these facilities was the staffing review. The new rating system uses the national database called the Minimum Data Set (MDS) Repository, which is information collected at intervals on every nursing home resident, and government surveys gathered on each facility. In Indiana, the government surveys are conducted by the Indiana State Department of Health (ISDH). The state summarizes their surveys into report cards on each facility.

Whispering Pines received a score of 184 while Monticello Assisted Living and Healthcare scored 164 under the comprehensive totals. These numbers both compare relatively well compared to the Indiana state average of 193 (the lower the score the better).

The CMS quality-rating system looks at three primary areas: health inspections, staffing and quality measures. Whispering Pines scored four stars in staffing while Monticello Assisted Living and Healthcare scored one star.

Continue reading "MONTICELLO ASSISTED LIVING AND HEALTHCARE AND WHISPERING PINES AMONGST WHITE COUNTY NURSING HOMES RATED UNDER NEW INDIANA AND FEDERAL FIVE STAR SYSTEM" »

As the number of reports and claims of nursing homes abuse and neglect has continued to rise in the last several years, many states have begun enacting consumer protection laws to assist the elderly and their families. These measures have the added intention of holding nursing home facilities accountable for deficient care which leads to abuse, injury, or in some cases, death.

In an effort to circumvent these consumer protection acts and avoid the accountability to which the Federal and state legislatures sought, nursing homes are simply seeking to have clients waive their legal entitlements set forth by the very legislation intended to protect them. In my practice, I have recently had several reports and seen numerous attempts by long term facilities to have new patients execute forms which purport to force claims of abuse or neglect to an arbitration process, or in some cases, seek to entirely release facilities from any potential claim. While the validity of such releases or arbitration mandates have yet to be substantially challenged or contested by the way of case law, their effect to intimidate or at least slow the wheels of justice cannot in honest spirit be discounted.

New patients and their families (including those holding power of attorney or guardianship), must be extremely cautious when executing or approving the execution of documents. All documents should be carefully reviewed, and when necessary, nursing homes or their executive administrators should be questioned about their intent and purpose. No facility or ownership entity can justify a peremptory release of legal rights or even a mandate for arbitration. In either case, patients and their families should question the motive of the documents, and without legal consult, should not execute any documents which purport to restrict a patients legal recourse. Facilities that provide appropriate care should not fear the responsibility and accountability recent consumer protection laws set forth; rather, facilities providing quality care should simply view these laws as a validation or written memorial of the quality assurance process they already have in place.

Continue reading "INDIANA NURSING HOMES ATTEMPTING TO MAKE PATIENTS WAIVE THEIR LEGAL RIGHTS RELATED TO ABUSE OR NEGLECT" »

In early December, 2008, a group of teenagers working at a Minnesota nursing home (two of which are pictured below), were charged with allegations of abuse and sexually humiliation of elderly residents, many of which were suffering from dementia or other mental disorders. Prosecutors contend that six young females were involved in the despicable activity and were named in criminal complaints filed December 1st charging them with cruel behavior at the Good Samaritan Society nursing home, which is located in Albert Lea, Minnesota.

Only two of the girls charged are identified by name as they were not minors at the time the abuse was alleged to have occurred. Brianna Broitzman, 19 (pictured above left), and Ashton Larson, 18 (above right), were two of six alleged to have spat upon, spanked, improperly touched, and tormented residents earlier this year. According to prosecutors, Broitzman allegedly poked one resident's breasts, spit into the mouth of another elderly person, and "put her bare butt" in the face of a resident. Larson was alleged to have once "inserted her finger into a resident's rectum," spit water on another "vulnerable adult," and would deliberately bathe a resident in a rough manner so the elderly man would get an erection. The 4 minors were identified in the complaints by their initials and dates of birth. Broitzman alone was charged with 11 criminal counts, and Larson was charged with 10 counts. Each face up to a year in jail for each count.

Continue reading "NURSING HOME ABUSE AND NEGLECT PLACES MINNESOTA TEENS IN HOT WATER" »

A new Department of Health and Human Services' five-star system for rating nursing homes has placed all six Grant County Indiana nursing home facilities amongst the worse in the country. All six facilities, including Colonial Oaks Health Care Center in Marion, Miller’s Merry Manor in Marion, Park Villa in Marion, Twin City Health Care in Gas City, University Nursing Center in Upland and Wesleyan Health Care Center in Marion received the lowest possible rating, one star.

All six Grant County nursing homes were ranked below average on their composite score which is based on local health inspections, staffing and quality measures. In looking to the details of the ratings, University Nursing Center in Upland lead the six Grant County facilities with a score of 232. While leading the Grant County, University Nursing Center was nicked for environmental concerns which, according to their administrators, was likely due to the aging of their facility.

The lowest score amongst the Grant county facilities was garnered by Twin City Health Care. Although showing some moderate improvements, the facility administrators apparently blamed the evaluation process for their poor results. A spokeswoman for the facility, Mandel, noted that she was critical of the way the state composes the report cards, noting that it’s too focused on paperwork and ignores the quality of resident care. Local media reports quoted her saying, “I’d rather have hands-on care than documentation,” she said. Overall, Mandel said, she thought the Twin City staff was doing well. She believes administrators are listening to feedback and will continue to improve their facility.

The following is the comprehensive scoring for the six Grant County Indiana facilities (the higher the score.....the worse the rating). The Indiana State Average was 194:

University Nursing Center: 232
Miller’s Merry Manor, Marion: 246
Colonial Oaks Health Care Center: 278
Park Villa: 344
Wesleyan Health Care Center: 397
Twin City Health Care: 729

Continue reading "GRANT COUNTY INDIANA NURSING HOME FACILITIES DINGED ON NEW FEDERAL FIVE STAR RATING SYSTEM" »

In a letter to the Editor of the Indianapolis Star Newspaper, President and CEO of the Indiana Association of Homes and Services for the Aging, Jim Leich, wrote the following retort to a January 6, 2009, article titled, "Indiana nursing homes rated among worst.

Amongst other things, the article attempted to counter the very poor ratings his organization and several Indiana Nursing homes received under the CMS new five-star rating system. According to Federal Government officials, the system was put into place to create accountability for the facilities and help end consumers make good choices in the homes they choose for their family of loved ones:

Continue reading "PRESIDENT AND CEO OF INDIANA ASSOCIATION OF HOMES AND SERVICES FOR THE AGING REBUTS THE NEW CMS FIVE STAR RATING SYSTEM" »

Recent data released by the Centers for Medicare & Medicaid Services indicate that Indiana Nursing Homes now rate among the 10 worst in the nation. Under the CMS' new ranking system, nearly 28 percent of the state's nursing homes received a one star rating, which is CMS' worst rating under their five star system. Only six states had a higher percentage of substandard nursing homes.

According to the CMS website, the Five-Star Quality Rating System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions. This rating system is based on continued efforts to improve nursing home care as a result of the Omnibus Reconciliation Act of 1987 (OBRA '87), a nursing home reform law, and more recent quality improvement campaigns such as the Advancing Excellence in America’s Nursing Homes, a coalition of consumers, health care providers, and nursing home professionals.

Nursing home ratings are taken from the following three sources of data:

Health Inspections
Staffing
Quality Measures

More stars are better.

***** Much Above Avg.
**** Above Avg.
*** Average
** Below Avg.
* Much Below Avg.

Continue reading "INDIANA NURSING HOMES AMONGST THE WORSE IN THE COUNTRY IN STAFFING AND SUBSTANDARD CARE" »

Placing your loved one in a reputable long-term care facility is just the first step in ensuring they are well cared for. Regardless of complaints or sanctions found during state and federal inspections (be they few or many), residential facilities are often understaffed. This fact in concert with the advanced needs of elder patients can create a worrisome environment. As an advocate for your loved one, you've got federal (and sometimes state) law on your side to insist that your relative or friend gets the quality of care they deserve. The Code of Federal Regulations (CFR) and your state law contain many protections.

The following are just a sample from the Code of Federal Regulations:

• Care Plans
Each nursing home resident is entitled to a personalized "care plan," that addresses their respective medical and safety needs. This plan must have an anticipated goal of ensuring a resident/patient maintains their highest practicable physical, mental and psychosocial well being. Federal law requires that facilities do a full assessment of a resident's condition within 14 days of admission, and at least every 12 months thereafter. A care plan should include measurable objectives and timetables.

• Visiting Hours
In my experience with friends or family members that have loved ones in nursing homes, it is not at all uncommon for facilities to put forth the idea that Family can only visit during visiting hours. Not only is this mendacious, Federal legislation actually specifically prohibits such rules. 42 CFR 483.10(j) allows immediate family the right to visit at any time. In fact, we often advise clients to visit during off-hours so that they can perceive their loved one's environment when staff members aren't expecting visitors.

• Skilled Care or Rehabilitation Services
In the past, we have had clients tell us that their parents' nursing home facility has terminated skilled care or rehab services because their Mom or Dad weren't making progress. Again, however, this is contrary to federal and often times, state law. Assuming that the resident would benefit from such services, a facility is charged with trying to maintain their condition regardless of progress. All facilities are required to make sure that a person's ability to carry out activities of daily living doesn't deteriorate. The only exception would be if the individual's medical condition deteriorates to such an extent that termination of the activity is in their better interest.

Continue reading "FEDERAL AND INDIANA NURSING HOME LAWS PLACE POWER IN THE HANDS OF FAMILY MEMBERS" »

Under a new proposal the Indiana Family and Social Services Administration plans to pursue in 2009, nursing homes scoring higher on their State and Federal inspections would be rewarded with higher Medicaid payments while those that don't could suffer cuts. The Indiana FSSA disputes that this is just a cost-saving measure noting that they would have pushed for this proposal regardless of the economic condition. To effect the plan, however, the FSSA must have the policy established through a rule-making process that requires a public hearing and economic evaluations. That will likely take about six months. Despite this, the discussion could be usurped by lawmakers, who are expected to have several bills dealing with nursing home reimbursements and inspections when they return to the Statehouse later this month.

Proposed changes face objection by the Indiana Health Care Association

The Indiana Health Care Association is a group that, among other things, serves as a lobbying mechanism for Indiana nursing homes. The Association has cited a number of objections and proposed changes to the FSSA proposal. Local media reported the association's president, Stephen Smith, as saying "[w]e completely agree with the intent [of the FSSA proposal]". "But we think there's more discussion to be had about the actual approach." The proposal is part of a larger plan by FSSA to adjust to weakening state revenue and put more recipients into plans that manage health costs so that more spending is matched by Federal dollars.

Continue reading "NEW INDIANA PROPOSAL WOULD CUT FUNDING FOR NURSING HOMES THAT SCORE POORLY ON STATE INSPECTIONS" »

An Indiana Nursing home resident, Rodney Kenney, died after catching fire while sitting in his wheelchair at Regency Place, a Dyer, Indiana, Lake County, nursing home. Rodney Kenney, 72, died at a Chicago hospital where he was treated for burns. State Inspectors say the Alzheimer's patient was severely burned when his clothing caught fire as he sat in a wheel chair. Authorities say they found a cigarette lighter near Kenney, but that he was not a smoker. In fact, state law prohibits smoking in nursing homes and patients are not allowed to possess smoking materials.

Continue reading "INDIANA NURSING HOME RESIDENT DIES AFTER CATCHING FIRE IN WHEELCHAIR" »

The CMS and HHS have developed a new Five-Star Rating system that evaluates Nursing Home care.

According to the CMS website, the Five-Star Quality Rating System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions. This rating system is based on continued efforts as a result of the Omnibus Reconciliation Act of 1987 (OBRA '87), a nursing home reform law, and more recent quality improvement campaigns such as the Advancing Excellence in America’s Nursing Homes, a coalition of consumers, health care providers, and nursing home professionals.

Nursing home ratings are taken from the following three sources of data:

Health Inspections
Staffing
Quality Measures

More stars are better.

***** Much Above Avg.
**** Above Avg.
*** Average
** Below Avg.
* Much Below Avg.

Currently, 509 Indiana Nursing Homes have been evaluated under the system and can be evlaluated on the CMS Website.

Continue reading "CMS ISSUES NEW FIVE STAR RATING TO ASSIST FAMILIES IN FINDING QUALITY NURSING HOMES AND REDUCE NEGLECT" »

The federal government through the CMS (The Centers for Medicare & Medicaid Services) has placed hundreds of nursing homes on a list of long-term care facilities that it wants to improve systemic issues or face expulsion from the Medicaid program.

The watch list is intended to heighten efforts to bring more attention to quality deficiencies at long-term care or nursing home facilities identified on this "special focus facility," or SFF, list.

Indiana Nursing Home Watch List

National Watch List

National Nursing Home Registry

Continue reading "THE FEDERAL GOVERNMENT PLACES INDIANA NURSING HOMES ON THEIR WATCH LIST" »