November 19, 2008

Oklahoma Nursing Home Cited After Resident Assault

Whispering Pines Nursing Center has been in the public eye lately. You might recall that we previously blogged about this facility when resident Carol Crow was assaulted. On July 11, 2008, Carol Crow was found with two black eyes and covered with bruises on her face, neck, and shoulders. Nursing home staff told Mrs. Crow's family that she had fallen in her room, but Mrs. Crow told her family an entirely different story. Mrs. Crow reported that a man knocked her down, got on top of her, and beat her until she was unconscious. While Mrs. Crow does have early onset Alzheimer's disease, she was very clear about what happened to her.

The facility reported the incident to DHS, but officials from the Long Term Care Investigations Unit did not open an investigation. A complaint about the assault triggered an investigation by officials from the Oklahoma Health Department. The investigation revealed sixteen serious deficiencies, two of which were failing to fully investigate abuse allegations and endangering patients' health.

The Health Department is recommending that the facility not be allowed to accept any new Medicare and Medicaid patients until the deficiencies are corrected. If the facility is not in compliance within six months, Medicare and Medicaid payments could be halted. Federal regulators are being asked to fine the facility $3,000 per day until the deficiencies are corrected.

The new Administrator of Whispering Pines, Sue Horton, has only been on the job for three weeks and has yet to read the 370 page report about these serious deficiencies.

November 10, 2008

Wisconsin Nursing Home Worker Charged with Abuse

Eric Larrabee, a former nursing home worker at Skaalen Sunset Home in Stoughton, Wisconsin, was charged with patient abuse on November 10, 2008. Larrabee is accused of slapping an 85 year old hospice patient only ten days before she died on February 20, 2008 at Skaalen Sunset Home. Allegedly, another worker at the facility heard Larrabee yell at the woman to be quiet before seeing him slap her with his open hand. Larrabee admitted that he struck the resident due to frustration but maintains that he only tapped her face.

Larrabee is due in court on November 24, 2008.

November 9, 2008

Why are U.S. Nursing Homes Eligible for Bonuses Despite Violations?

Why are U.S. nursing homes eligible for bonuses despite violations? Thirty-six states have eighty-one bonus programs for quality-of-care. These bonuses are taxpayer funded and are approved by the Centers for Medicare and Medicaid Services - the same watchdog that investigates and cites facilities for federal and state regulation violations. Interestingly, a nursing home facility can receive these bonuses despite receiving violations for health and safety standards.

The Des Moines Register reviewed eight bonus programs in seven states. These states do not disqualify a facility from receiving a bonus that is directly related to quality of care if it has received violations for state or federal regulations. A prime example is Grace Living Center in Norman, Oklahoma. This facility received nearly $96,000 in bonuses in the past year and apparently is considered a "five-star" nursing home by the State of Oklahoma. Ironically, federal records show that the facility has been cited for more violations than is the state and national average. Additionally, Medicare ranks the facility as below average on eleven of the nineteen national quality measures. A Eufaula, Oklahoma nursing home scored zero on a scale of one to five for compliance with federal and state regulations, but Oklahoma's Focus on Excellence program awarded the owners with a $50,000 bonus after the program gave the facility "three stars".

The Register also reported that sixteeen of twenty-three Iowa facilities that received major fines last year qualified for bonuses from Iowa's Medicare-Medicaid program. Two of the facilities were on the federal list of the nation's worst nursing homes and a third facility had been threatened with loss of license for substandard care. Iowa officials have since begun revising the program. Today, homes that have caused "actual harm" to residents are to receive smaller bonuses and homes that have put residents in "immediate jeopardy" of death or injury are ineligible for bonuses.

The Iowa Department of Human Services tried to do away with the bonus program last year. They felt that the state should not pay nursing homes additional funds to do what is expected of them. The bonuses will continue at least through June 2009.

The Centers for Medicare and Medicaid said that the law does not require that Medicaid-funded bonuses be linked to quality of care and therefore, the agency cannot require it.

November 6, 2008

Tennessee CNA Charged With Abusing Blind Nursing Home Resident

Joyce Stanley, a certified nursing assistant at Etowah Health Care Center in Etowah, Tennessee, was arrested November 5, 2008 and is being held in lieu of $20,000 bond. She faces charges of willful and physical abuse after hitting a seventy-four year old blind woman with a clipboard and an incontinence pad. Ms. Stanley also felt the need to slap the victim and pull her hair. Fortunately, the nursing home resident was not seriously injured. The victim and four workers at the nursing home reported Stanley.

Stanley has been suspended by the facility. She has been a certified nursing assistant since 2002 and is not listed on Tennessee's Abuse Registry, which tracks offenses. Citing a "continued pattern of behavior", a police spokesman maintained that the charges were warranted.


JOYCE STANLEY PHOTO

November 5, 2008

Collusion to Cover Up? Tennessee Nursing Home Accused of Wrongdoing In Suspicious Death

A string of errors led to the filing of a lawsuit on October 31, 2008 against the Health Center at Standifer Place in the tragic death of Robert Young. That suit seeks damages for wrongful death, mental anguish, and pain and suffering. A similar lawsuit was filed on November 3, 2008 against the Tennessee Department of Human Services and social worker Vickey Frierson, the individual handling Mr. Young's case for the "negligence" shown by the Department after Mr. Young's death

Robert A. Young, a 33 year old man suffering from cerebral palsy, was a resident at the Health Center at Standifer Place, a Chattanooga, Tennessee nursing home. He was believed to have suffered a seizure and fell, fracturing his skull. He was taken to Erlanger Hospital and died a week later on November 12, 2007. Due to the explanation of how Mr. Young's injuries were sustained, the Hamilton County Medical Examiner's Office did not perform an autopsy. Erlanger Hospital repeatedly tried to locate Mr. Young's family through Adult Protective Services, but Adult Protective Services failed to respond. Instead, the agency made arrangements for Mr. Young's burial in a pauper's grave in Ruth Cofer Cemetery.

Mr. Young's family, completely unaware of his injury and subsequent death, was not told of his death for more than a month. Each time someone called the facility to check on him, "Standifer Place told each person, on each call, that Mr. Young was OK, and to come see him". When family members finally found out about Mr. Young's death, they began pushing for answers. Allegedly, Vickey Frierson, Mr. Young's caseworker, callously asked, "What do you want me to do about it?"

The family continued to press for answers and asked Dr. Frank King to review Mr. Young's medical records. Dr. King recommended exhumation of the body after he could not find any documentation of seizure or any other incident that would have led to the skull fracture contained in those records. The court-ordered exhumation of Mr. Young's body occurred in May 2008 and the Medical Examiner determined that Mr. Young died of "blunt force trauma" to the head. A homicide investigation into Mr. Young's injuries and the circumstances surrounding the incident is ongoing.

November 1, 2008

New York Nursing Home Neglect Caught On Tape - UPDATE

Medford Multicare Center is in the news again. We had discussed the tragic abuse the residents were suffering in previous blogs.

Now, four more workers have been caught mistreating patients and falsifying records, two of whom were caught on hidden camera. CNA Marie Pierre, charged using evidence obtained through a hidden camera, is accused of failing to turn an 84 year old man to prevent painful bed sores or to change his briefs as necessary. LPN Janet Coleman, also charged using evidence obtained through a hidden camera, did not clean a patient's gastrotomy tube or treat his ears from chafing from oxygen tubes. LPN Kim Purdum, while completing physician's orders for a patient with chronic pulmonary disease, failed to include a doctor's order for daily blood tests to monitor Coumadin dosage. When the patient later suffered internal bleeding and was hospitalized, she changed the records to include the doctor's order. CNA Paulette George was arrested following an investigation of a family complaint. She was responsible for showering a resident twice a week, but instead gave bed baths for a month. All involved were charged with multiple counts of endangering the welfare of disabled persons and falsifying records. They all pled not guilty and were released without bail.

The Department of Health has cited the facility for deficient care at almost twice the state average. Concerning this facility, Attorney General Andrew Cuomo has stated, "Let me be clear that this is an ongoing, expanding investigation".

October 29, 2008

New York CNA Sentenced for Elder Abuse

Christine M. Borasky was sentenced to 90 days electronic home monitoring and five years probation for her role in injuring an elderly woman in her care as a Certified Nurse's Aide at United Helpers Nursing Home in Ogdensburg, New York in August 2007. She pled guilty in September 2008 to the felony of second-degree endangering the welfare of a vulnerable elderly person.

On August 6, 2007, while caring for Grace Bradley, an eighty-two year old resident, Borasky was accused of pulling Ms. Bradley's hair and spraying foam into her mouth. Borasky also fractured Ms. Bradley's right hand while squeezing it on August 17, 2007.

Borasky was originally charged with two counts each of endangering the welfare of an incompetent or physically disabled person and willful violation of health laws and a single count of second degree endangering the welfare of a vulnerable elderly person. Judge Jerome Richards noted that Borasky's anger issues weren't compatible with elderly nursing home patients requiring specialized care and patience. He told Borasky, "You were in the wrong business from the start."

Borasky has surrendered her state license.

October 21, 2008

Nursing Home Aide Charged with Sexual Abuse of Coma Patient

Mark Albright, a former employee of Chesapeake Health and Rehabilitation Center in Chesapeake, Virginia, was recently indicted on a charge of aggravated sexual battery of a 43 year old comatose patient at the facility. A police affidavit states that a female employee entered the patient's room to perform nightly medical duties when she observed the suspect with his mouth on the woman's breast. The patient had been a resident at the facility for approximately one year.

October 21, 2008

New York's Attorney General To Use Hidden Cameras at Buffalo Nursing Homes

We have previously discussed New York's use of hidden cameras to reveal abuse and neglect in some New York care facilities. Now, New York Attorney General Andrew Cuomo is taking "granny cams" to the Buffalo area to help crack down on abuse and neglect at Buffalo nursing facilities. Cuomo's office was the first to use video camera surveillance at trial, which led to the conviction of several nurse aides and an owner of a nursing home on charges of nursing home abuse and neglect.

The cameras, used only with family permission, have revealed horrific abuse in the past, such as:

- failing to hydrate an immobile patient and leaving him in his own waste for nearly a day;
- failing to turn and position an immobile patient, leaving the resident at risk for bedsores;
- failing to shower a resident twice a week as required; surveillance tapes revealed that the resident had not been showered for over a week;
- failing to perform range of motion exercises, leaving the resident at risk of muscle contraction;
- leaving a comatose patient in waste for hours, while suffering from skin lesions, and not receiving proper care for his feeding tube; tragically, there were over forty occasions when the resident was not washed after an incontinent episode;
- caregivers sleeping, watching movies, or leaving the facility during shifts;
- falsifying records to conceal neglect; and
- only using one caregiver to transfer a bed-ridden patient to and from a wheelchair with a Hoyer lift that required the use of two caregivers, striking the resident's head on a side rail.

Cuomo used surveillance tapes from Medford Multicare Center and arrested four employees for dangerous neglect and further arrests are anticipated due to the ongoing investigation. To date, surveillance tapes have led to the convictions of 26 employees of various facilities.

October 16, 2008

Oklahoma Working Toward Changing Nursing Home Abuse Reporting Practices

On July 11, 2008, Carol Crow was found with two black eyes and covered with bruises on her face, neck, and shoulders. The facility workers told Mrs. Crow's family that she had gone into her room and fell, but Mrs. Crow told her family an entirely different story. Mrs. Crow alleges that a man knocked her down, got on top of her, and beat her until she was unconscious. While Mrs. Crow does have early onset Alzheimer's disease, she was very clear about what happened to her.

Jack Crow, Carol's husband, is working with a group known as A Perfect Cause to change nursing home abuse reporting procedures. He is supported in his efforts by both the Oklahoma attorney general and the Oklahoma County district attorney's office.

Current Oklahoma statutes call for someone who suspects abuse or neglect is occurring at a state facility to report it to the Department of Human Services or the Sheriff's Department. Both the district attorney and the attorney general's office believe that the police should be called first. "When you have a crime scene, there is evidence," said Scott Rowland of the Oklahoma County district attorney's office.

To read more on this, go to Supporters Want Suspected Cases Reported to Police First.

October 16, 2008

Party Loyalty Runs High - Physical Assault Occurs at Ohio Nursing Home Over Ballot

The day began as planned - two teams of poll workers were sent to the Gardens of Western Reserve nursing home in Cuyahoga Falls, Ohio to assist elderly residents in voting. Early voting for nursing home residents is common as the residents would not be able to get out to vote otherwise.

The problem began around noon. Seventy-five year old Republican George Manos and seventy-three year old Democrat Edith Walker were assisting another resident with her ballot. The voting resident wanted to vote for John McCain, but her ballot was marked for Barack Obama. Somewhere along the way, events spun out of control.

Manos accused Walker of ballot tampering and says that he tried to get the ballot out of Walker's hand, but she refused to show him the ballot. Walker says that Manos accused her of marking the ballot incorrectly and that Manos was mean to her. The altercation escalated when Walker jumped onto Manos' back and struck him in the head three to four times. It took two other election workers to pull Walker off of Manos' back. Manos wants to prosecute.

The ballot was indeed marked incorrectly. AFter the tussel ended, the ballot was actually marked for both candidates. The voting resident was provided with another ballot and was finally able to vote for her chosen candidate.

October 14, 2008

Abuse Suspected in Suspicious California Nursing Home Death - UPDATE

We have been following the investigation into the suspicious death of Elmore Kittower while a resident at Silverado Senior Living in our previous blog entries. Elmore Kittower died from a blood clot in his lung, but an autopsy report also indicated that "blunt force trauma" factored into his death. His body was covered in bruises and he had unexplained partially healed rib fractures. Nursing home employee Cesar Ulloa was arrested after an extensive investigation into the death of Mr. Kittower. Authorities exhumed Mr. Kittower's body after a whistleblower told authorities that Mr. Kittower was beaten mere minutes before his death.

The investigation has now expanded to include the alleged abuse of three more helpless residents at the facility. A seventy-eight year old woman was violently awakened when an employee began "jumping on her chest". When the resident tried to protect herself, the employee "picked her up WWF style and slammed her onto the bed". The elderly woman, who suffers from a brain condition that left her unable to speak, became withdrawn and didn't want people touching her, even family members. Her son said, "She started to act like a wounded animal. But when she finally found out who you were, she didn't want to let you go."

Ulloa is also accused of abusing two other vulnerable nursing home residents with dementia and early stage Alzheimer's.

Authorities are still searching for the whistleblower in this tragic situation. Ulloa has pled not guilty to four counts of elder abuse and one count of torture.

October 7, 2008

Abuse Suspected In Suspicious California Nursing Home Death - UPDATE

We previously discussed the suspected torture and abuse that occurred at a Calabasas nursing facility in our blog. Cesar Ulloa is accused of being the ringleader of a group of four employees who punched and tortured select residents. Ulloa is accused of repeatedly assaulting Elmore Kittower up to minutes before his death.

Cesar Ulloa pled not guilty on Monday, October 6, 2008 to a torture charge and several counts of abuse against four residents residing at Silverado Senior Living. His bail is set at $1.2 million. If convicted, Ulloa could face life in prison.

October 1, 2008

Abuse Suspected In Suspicious California Nursing Home Death

An eleven month investigation following eighty year-old Elmore Kittower's death resulted in four arrests on Thursday, October 2, 2008. Mr. Kittower, a former engineer, lived at Silverado Senior Living, an upscale Calabasas, California assisted living facility that specializes in care for Alzheimer's and memory-impaired patients. He had suffered a severe stroke, causing him to lose much of his memory and independence. His widow, Rita Kittower, was told that her husband of 49 years had died in his sleep. The day after his burial, a woman known as "Maria" called her and told her that a fellow Silverado employee had punched Mr. Kittower in the eye and wrapped a towel around his head as if attempting to suffocate him, shorly before he died. The same woman made calls anonymously to the Lost Hills sheriff's station and sent a letter to a fire station making the same allegations.

The ensuing investigation resulted in interviews with nearly eighty employees and the exhumation of Mr. Kittower's body in November 2007. The arrests Thursday were the culmination of the eleven month investigation which revealed that Cesar Ulloa, a twenty year-old employee of the facility, was the ringleader of a group of four employees who regularly harassed and abused Mr. Kittower and several other facility residents. Los Angeles County Sheriff's Department homicide detectives allege that they have evidence that Ulloa physically assaulted Mr. Kittower mere minutes prior to his death and had been torturing him for months. The coroner indicated that Mr. Kittower died from a lung blood clot but also found evidence of blunt force trauma. Others arrested were Luis Arrelleando, 21, Juan Soto, 21, and Maria Gomez, 34.

Mrs. Kittower paid $75,000 annually for her husband's care. In return, the facility has stonewalled attempts by the family to learn more about how Mr. Kittower died. In fact, the facility has even sent two questionnaires to Mrs. Kittower asking how Mr. Kittower had enjoyed his stay at the facility. The family is offering a $10,000 reward for more information concerning the treatment Mr. Kittower received at the facility.

September 30, 2008

94% of Nursing Homes Violate Resident's Rights

A recent report published by Daniel R. Levinson, the Inspector General of the United StatesDepartment of Health and Human Services has revealed staggering deficiencies in our nursing home system. Ninety-four percent of nursing homes nationwide were cited for violations of federal health and safety standards in the last year. Seventeen percent of the facilities had deficiencies that caused "actual harm or immediate jeopardy" to patients. In the past year, 37,150 complaints concerning nursing home conditions were filed and 39% of those complaints were substantiated. Complaints included problems such as infected bedsores, medication errors, poor nutrition, and abuse and neglect of our most vulnerable citizens.

Problems were more likely to be found in for-profit homes and approximately two-thirds of our nation's nursing homes are owned by for-profit companies. Twenty-seven percent of nursing homes are owned by nonprofit organizations and a mere six percent are owned by government entities. Ninety-four percent of the for-profit facilities were cited with deficiencies, while eighty-eight percent of nonprofit homes and ninety-one percent of government homes were cited.

Daniel Levinson issued a compliance guide for nursing homes that states that some homes "have systematically failed to provide staff in sufficient numbers and with appropriate clinical expertise to serve their residents". Cases were found where nursing homes billed Medicare or Medicaid for services that were not provided or were so poorly provided that it "amounted to no care at all". As Medicare pays a fixed daily amount for each nursing home resident and facilities with severely ill patients receive a higher payment, some nursing homes had erroneously classified patients or exaggerated their illnesses in order to claim a larger payment.

In December 2008, the Bush Administration will begin utilizing a Five Star System to rate the standard of care, with five stars being the best care. These rankings will be published on a federal web site.

September 25, 2008

Was It Abuse at Oklahoma Nursing Home?

Carol Crow's family thought she was safe at Whispering Pines Nursing Home in Norman, Oklahoma - until she was found covered with bruises on her face neck, and shoulders, as well as two black eyes - now they want answers. The facility workers told her family that Mrs. Crow had gone into her room and fell on July 11, 2008, but Mrs. Crow told her family an entirely different story. Mrs. Crow alleges that a man knocked her down, got on top of her, and beat her until she was unconscious. While Mrs. Crow does have early onset Alzheimer's disease, she was very clear about what happened to her. The Crow family contacted the Department of Human Services, who declined to investigate as they found no indication of abuse.

The Crow family, working in conjunction with A Perfect Cause, an advocacy group, is offering a $2,500 reward for any information as to what happened to Mrs. Crow that day. Mrs. Crow has been moved to a 24 hour care facility in Muskogee, Oklahoma.

September 22, 2008

Abuse at Minnesota Nursing Home Makes "Work Fun" - UPDATE

We have talked about the appalling situation that occurred at the Good Samaritan Society of Albert Lea in our blogs of September 19, 2008 and