December 28, 2011

What Are The Different Kinds Of Nursing Homes In Missouri?

When most people think of a nursing home, they envision a building full of elderly, bedridden people all of whom have multiple medical problems that need care around the clock. And, in a sense, they are right. Individuals that need 24/7 care would likely need the level of care that can be found in a skilled nursing facility which is what most people think of when they think of a nursing home. However, not everyone that needs help with their daily care requires the level of care provided at a skilled nursing facility. There are, in fact, different levels of long term care available to people who need some daily assistance but are not totally dependant upon others. For those who are looking for facilities to help their family members, this is welcome news.

Skilled Nursing Care v. Residential Care

Skilled Nursing Facility

Missouri has 1,146 long term care facilities. Of those, 495 are considered skilled nursing facilities while 471 are deemed residential care facilities. According to the Missouri Department of Health and Senior Services website, a skilled nursing facility is required to have a licensed nursing home administrator and is the kind of facility that provides 24 hour care for at least three severely compromised individuals. Of course, most nursing homes have far more than three patients, but the state of Missouri requires that the facility have at least three people for the facility to meet the definition of a skilled nursing facility. A skilled nursing facility may only provide skilled nursing care under the supervision of a registered professional nurse. Moreover, medication administration must be administered only after receiving a prescription by a licensed physician. Failure to comply with any of these requirements leaves the facility at risk for license revocation.

Residential Care Facility

Residential care facilities are divided into two categories; RCF 1 and RCF 2. An RCF 1 facility provides at least three individuals with room, board and care. These are individuals who do not need the skilled nursing care provided at nursing homes, but rather those who may need some additional supervision during a short term illness or for recuperation after an operation, a fall or similar event. Each resident must have the knowledge and physical ability to exit the building safely without the assistance of other individuals. No licensed nursing home administrator is required.

An RCF 2 facility provides additional assistance that is not provided by an RCF 1 facility, but still not to the level of a skilled nursing facility. To qualify as an RCF 2, the facility must provide 24-hour accommodation, board, and care to at least three individuals. Each individual will need or is provided with diet supervision, help with personal care as well as assistance with medication. Typically, this involves assistance with diets, personal care (i.e. getting dressed, grooming, bathing, etc...) and the use of medication. All assistance with health care must be done under the direction of a licensed physician. Like an RCF 1 facility, all residents must be able to make a path to safety without assistance. However, unlike an RCF 1 facility, a license nursing home administrator is required at an RCF 2 facility.

Continue reading "What Are The Different Kinds Of Nursing Homes In Missouri?" »

December 15, 2011

Rockford Illinois Nursing Home Neglect Lawyer Writes Book To Help Families

"I wish I had known what to do when I suspected abuse." As an Rockford nursing home negligence lawyer, this is just one of the many statements I hear when I meet with families members of a nursing home resident. Too often, those meetings take place after their loved one's funeral. There are way too many nursing home residents who are suffering from neglect and abuse at Illinois nursing homes. Many family members don't know how to look for abuse or neglect. Rarely, do family members know the signs and symptoms of malnutrition or dehydration. Sons don't feel comfortable checking their mothers for bedsores. And no one wants to believe that nursing home residents are commonly targes for sexual abuse by nursing home employees. Too often families are concerned about complaining too much for fear that their loved one will suffer retaliation by an overworked and underpaid staff.

After hearing so many of these concerns and answering many of the same questions, Rockford personal injury lawyer David Terry decided to write a book that is designed to help family members before and after their loved one becomes a nursing home resident. 5 Things You Must Know About Nursing Home Abuse and Neglect in Illinois is an easy to read book that will help family members as they face one of the most difficult decisions they will face. You will receive guidance on:

* What to look for when deciding the best nursing home for your loved one;

* What to do when you suspect abuse or neglect of your loved one;

* Key signs that abuse or neglect has occurred.

I also go into great detail about the business model many nursing home companies now use which is designed solely for the financial benefit of the owners. Nursing home owners will tell you that their number one priority is providing quality care for their residents. However, when you look at their corporate structure, you will see that they have created multiple corporate entities designed to take money from the nursing home (that could be used for patient care) and into the bank account of the owners. Many of these owners then claim that they do not have enough money to purchase liability insurance.

If you would like a FREE copy of 5 Things You Must Know About Nursing Home Abuse And Neglect In Illinois simply call the Terry Law Firm at 1-888-317-2525 or visit one of our websites: www.IllinoisNursingHomeAbuseBook.com.

July 18, 2011

Illinois Nursing Home Death A Homicide?

Is the death of an 86 year-old Illinois nursing home resident a homicide? Illinois police are investigating.

The female resident was initially believed to have fallen at Maryhaven Nursing and Rehabilitation Center in Glenview, Illinois, but nursing home officials have admitted that a fellow resident was believed to have been involved. According to a nursing home spokesman, Brian Crawford, "Within the past couple of weeks, an unfortunate incident occurred in a private room". The incident was reportedly an attack on the elderly woman by another resident in a an area of the facility caring for dementia residents.

The elderly woman was moved to hospice care at St. Francis Hospital, where she died on July 14. According to the Cook County Medical Examiner, she died from heart disease and brain injuries related to the assault.

If this unfortunate event involved resident on resident assault, it joins the long list of such actions in nursing homes. Certainly, we cannot comment on the specifics of this case because details have yet to be released but far too often patients with violent pasts or mental problems are allowed to reside with the general population of vulnerable elderly adults. In those instances, many nursing home residents become easy targets for the perpetrators.

If you believe you loved one's health or safety is at risk by another nursing home resident, do not hesitate to ask facility staff members to move your family member to a safer area.

Glenview, Illinois police continue to investigate the incident.

The Terry Law Firm routinely handles cases of nursing home abuse and neglect. If you suspect that a loved one or family member is experiencing abuse or neglect at the hands of another resident or nursing home staff, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry at 1-888-317-2525 to schedule your FREE no obligation consultation today!

July 16, 2011

Golden Living Centers Faces Class Action Lawsuit

A California class action lawsuit seeks to shed light on the lack of care given to nursing home residents by Golden Living Centers in California. The primary allegation is that Golden Living Centers systematically refused to follow the state mandated staffing regulations that require 3.2 hours of nursing care per patient per day. Rather, according to the allegations, Golden Living Centers staffed it's facilities at a lower per patient day amount resulting in neglected and injured residents.

Even though this is a California case, it has significant implications in Missouri as well. As a nursing home abuse lawyer I have handled several cases against Golden Living nursing homes and have seen first hand the lack of care that happens in these facilities. If the California case is successful, every single Golden Living facility will be under pressure to improve their staff to patient ratio, even in states like Missouri where there is no minimum staffing requirement.

Staffing is a key component in the care received by nursing home residents. I am regularly amazed at how many nursing homes refuse to admit that their staffing levels have a direct correlation to the number of injuries suffered by their residents. It doesn't take a rocket scientist to know that one CNA cannot provide adequate care for ten nursing home patients each of whom requires a substantial level of care.

Let's take a closer look at Missouri Golden Living Centers and how they compare with state and national averages with respect to staffing: According to statistics provided by Medicare, the national average for CNA care for nursing home residents is 2 hours and 24 minutes per patient per day. For Missouri nursing homes, that average is 2 hours and 30 minutes per patient per day. A review of some of the Golden Living Centers in Missouri shows few, if any, meet either the national or Missouri averages. Here is the staffing information for six Golden Living facilities in Missouri:

Golden Living Center - Bloomfield: 2 hours and 5 minutes of CNA care per patient per day.
Golden Living Center - Branson: 1 hour and 49 minutes of CNA care per patient per day.
Golden Living Center - Dexter: 2 hours and 23 minutes of CNA care per patient per day.
Golden Living Center - Pin Oaks: 1 hour and 50 minutes of CNA care per patient per day.
Golden Living Center - Westwood: 1 hour and 47 minutes of CNA care per patient per day.
Golden Living Center - Independence: 2 hours and 13 minutes of CNA care per patient per day.

Continue reading "Golden Living Centers Faces Class Action Lawsuit" »

April 26, 2011

California Nursing Home Fined in Resident Strangulation Death

We discussed the Convalescent Center and the tragic strangulation death of one of its residents at the hands of a facility employee in a previous blog.

According to a recent report issued by the California Department of Public Health, San Francisco Nursing Center, formerly known as Convalescent Center Mission Street, was assessed a "AA" citation, the most severe penalty available under California law, for failing to protect a resident from physical abuse by a member of the facility's staff and fined $100,000 after a March 2010 incident that led to the death of an elderly resident.

Reportedly, on March 22, 2010, Maximo Hong Fajardo, Jr., a newly hired CNA with no previous nursing home experience, was found holding a pillow over an 87-year-old resident's face, which led to her death. According to the recently released report, the Director of Nursing ignored warnings from facility nurses on the day of the incident that Fajardo was behaving strangely and the Administrator, Director of Nursing, and two experienced nurses "neglected to monitor, supervise, and evaluate" Fajardo and "failed to provide [the resident] the right to be free from deadly assault". Fajardo is currently in jail awaiting trial.

This is a tragic incident that should never have happened. Facility administrative staff should have thoroughly reviewed the background of Maxmio Fajardo before ever allowing him to come into contact with, much less care for, vulnerable elderly residents. According to the report issued by the California Department of Public Health, Fajardo was hired on March 9, 2010 and March 22, 2010 was his first day of work. Reportedly, on his first day of work, Fajardo, who had no experience in caring for vulnerable nursing home residents, was assigned to care for seven residents. According to the Director of Nursing, despite his lack of experience and training, "she thought he was ready for this assignment". We believe, this callous lack of due diligence and supervision on behalf of facility staff directly contributed to the resident's untimely death.

Far too often, nursing home companies hire people who are completely unqualified to care for our loved ones or fail to properly train their employees. It is not rocket science to know that a poorly trained or an unqualified individual could cause great harm to vulnerable elderly adults.

If you believe your loved one has been a victim of nursing home abuse or nursing home neglect, call our Illinois nursing home abuse lawyer at 1-888-317-2525 for a free consultation.

April 7, 2011

The Case FOR Granny Cams: Philadelphia Nursing Home Resident's Abuse Caught On Video

Many jurisdictions prohibit the use of hidden surveillance cameras ("granny cams") in nursing home resident rooms because of employee privacy rights. After reading the article and watching the video associated with this matter, I think granny cams should be installed in every resident room. After all, it is the resident's room.

According to an affidavit of probable cause, Paul French initially went to police in March 2011 to report suspected abuse of his seventy-eight year old mother-in-law, who suffers from severe dementia, while a resident of the Quadrangle Assisted Living Facililty. The woman told her daughter and son-in-law that she was being slapped and punched by facility staff. The victim's family reported the alleged abuse to facility administrators, who informed the family on March 14 that the allegations were unfounded and attributed her accusations to her dementia. But, her family wasn't so sure.

Five days later, visible bruising was found on the elderly woman's wrist and left hand. Rather, than report it to facility administration, the family photographed the injuries and installed a surveillance camera in the woman's room. The camera, disguised as a clock, vindicated the elderly woman three days later.

On March 31, 2011, the camera filmed three employees entering the woman's room as she was dressing. As the woman pulled a shirt over her head, Samirah Traynham, a facility employee was seen grabbing the shirt and putting her left hand under the shirt near the victim's face. Then, she was filmed hitting the woman in the face and head and shoving her onto her bed. Another employee danced around while holding onto the post of the woman's bed. The elderly woman repeatedly tried to escape her attackers. Every time, they pulled her back into her room while mocking and laughing at her while she stood naked from the waist up, trying to cover her breasts.

Paul and Mary French came to visit with her shortly after the attack and the woman was "overly upset and agitated". They took their suspicions to a certified nursing assistant, who confirmed three employees had entered the victim's room - against facility policy. That nursing assistant provided the names of the attackers to police.

Twenty-two year old Samirah Traynham and twenty-one year old Tyina Griffin have both been arrested and charged with aggravated and simple assault, neglect of a care dependent person, reckless endangerment, and harassment. A third "person of interest" is being sought and police expect more charges to be filed in the incident.

Sadly, abuse of defenseless elderly residents at the hands of nursing home employees is more common than you think. The Terry Law Firm has handled many cases involving nursing home abuse and neglect. Some signs to watch for if you suspect your loved one may be suffering abuse or neglect at the hands of nursing home facility staff are:

- Unexplained bruising or crying or other emotional outbursts
- Signs of depression
- Unexplained fear - often of just one individual
- Withdrawal from activities normally enjoyed
- Clinging to visitors or family members

Take time to listen to your loved one and watch their reactions. If you suspect that abuse or neglect may be occurring, contact Illinois and Missouri Nursing Home Abuse Attorney David Terry for a FREE, no-obligation consultation toll-free at 1-888-317-2525 or 314-878-9797.

March 22, 2011

California Assisted-Living Aide Beats Disabled Man

A California assisted-living aide was arrested on March 17, 2011, after he reportedly beat a disabled resident in his care.

Felix Bathan, an employee of Rose Villa Care Center, reportedly hit a blind, semi-paralyzed resident on his arm, leaving bruises.

According to the facility Administrator, Maribel Yap, Bathan was terminated from his employment. He is being held on $30,000 bond in the Tuolumne County Jail.

Although not aware of the specifics of this case, the Terry Law Firm is experienced in handling cases of physical abuse in nursing homes. If you suspect your loved one may be experiencing abuse or neglect at the hands of facility employees, contact Missouri Nursing Home Neglect Attorney David Terry for a free no-obligation consultation at 1-888-317-2525.

March 18, 2011

Tennessee Nursing Home Resident Struck With Bed Pan

An aide at an unidentified Tennessee nursing home is under investigation after allegedly striking a resident with a bed pan.

The nurse's aide was accused of throwing a bed pan at a resident on March 2, 2011. According to the resident, he accidentally urinated in his bed twice and asked the aide for a bed pan to prevent further accidents. The aide reportedly threw the bed pan at the resident after retrieving it from the bathroom. The resident did not recall what the aide said to him, but he did remember experiencing pain when the bed pan hit him in the stomach. The man suffered a bruising the size of a fifty-cent piece on his stomach.

A subsequent interview with another resident revealed that he was awakened the night of the incident when the aide was yelling at the injured resident. Reportedly, the aide told the man she "didnt' have time for this all night" and threw the bed pan from approximately five feet away. She then took the bed pan away from the man, telling him, "No, you can just use your diaper all night."

According to the Chillicothe police, the matter remains under investigation.

Behavior such as that exhibited by the nurse's aide is unacceptable when caring for anyone, much less a defenseless nursing home resident trying to live his life with as much dignity as possible. The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. If you suspect that your loved one is experiencing abuse or neglect at the hands of nursing home staff, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry for a free no-obligation consultation at 1-888-317-2525.

March 17, 2011

Problem-Riddled Chicago, Illinois Nursing Home Faces Possible Closure

A problem Chicago, Illinois area nursing home faces loss of funding and possible closure after reports of bloody fights and drug abuse occurring at the facility.

Wincrest Nursing Center, a nursing home primarily housing adults suffering from mental illness, has been a long-standing community problem. A 2009 Chicago Tribune article revealed that the facility failed to notify state officials that the facility was home to dozens of residents with felony records. In late February 2011, a 21 page report from the U.S. Center for Medicare and Medicaid Services was sent to the facility and its contents were not good.

Reportedly, the inspectors found that facility staff was poorly trained and failed to properly supervise dangerous residents or provide them with much needed psychiatric services "to prevent avoidable mental deterioration". It further reported that some facility residents were "often found in the facility intoxicated or under the influence of drugs" and other residents failed to receive prescribed psychotropic drugs.

A December 2010 report from the Illinois Department of Public Health reportedly found that a female facility resident was prostituting herself in the neighborhood and using the money to purchase crack cocaine. A male resident of the facility threatened another resident with a foot-long knife. While the knife was confiscated, inspectors later found another knife in the man's room in full view. According to the report, Wincrest's policy and procedure manual "was about 45 years old" and, amazingly enough, the facility Administrator, Narad Persadsingh, could not name the facility's Medical Director.

WIncrest has been slapped with more than $400,000 in federal and state fines since December 2010 and, as of February 9, 2011, faces an ongoing $10,000 per day fine. Wincrest faces loss of their Medicaid funding on March 20 if the "immediate jeopardy" citations are not properly corrected. As Wincrest depends on Medicaid for approximately 99% of its funding, cutoff of Medicaid funding will likely force Wincrest to shut its doors.

According to State Rep. Harry Osterman, "This action is long overdue. Wincrest has been a problem nursing home in our neighborhood for a number of years."

March 10, 2011

Sexual Misconduct Tip Results in Arrest of Three California Nursing Home Aides

Three California nursing home aides face charges after a "sexual misconduct allegation alert" tipped off the Bureau of Medi-Cal Fraud and Elder Abuse as to problems at a nursing home facility.

In January 2011, acting on a tip, agents from the California Department of Justice arrested Arnold Samson, a CNA, and charged him with elder abuse and battery against a resident of a skilled nursing home. Reportedly, a fellow employee at Idylwood Care Center saw Samson grab the testicles of a male resident and making crude comments. The tipster reported that the same resident had complained in the past about his genitals being grabbed. Samson has since been fired from the facility.

In follow-up interviews, agents determined that Samson had been seen by other employees grabbing and pulling on the resident's genitals and threatening to touch him. The information led to the arrests of Ryan Tan and Richardo Martinez for reportedly having knowledge of the abuse and failing to report it. Tan allegedly admitted in an interview that he had seen Samson grabbing the man's genitals while he was sleeping just "to get a rise out of him". Both Tan and Martinez are also no longer employed at the facility.

There is a difference between abuse and neglect. This case is clearly a case of sexual and physical abuse. Actively and purposely harming a nursing home resident is abusive and criminal.

Although not handling this case, the Terry has handled cases involving sexual abuse of nursing home residents in the past. If you suspect that your loved one is suffering abuse at the hands of a nursing home caretaker, contact Missouri Nursing Home Abuse Attorney David Terr toll-free for a FREE no obligation consultation at 888-317-2525 or 314-878-9797.

March 10, 2011

"Granny Cam" Catches New Jersey Elder Abuser on Tape

Fifty-nine year old Julia Galvan was arrested on March 2, 2011, after authorities viewed "granny cam" footage showing Galvan attacking a paralyzed, terminally ill hospice resident.

It all began on January 15, 2011, when Modesta Alvarado, a completely defenseless resident of Harborage nursing home in North Bergen, New Jersey, reportedly was slapped awake with an open-handed blow to the top of her head. Video footage shows Alvarado's stunned reaction: eyes and mouth wide open, face registering pain. Due to her condition, she was unable to communicate further or even call for help. She suffered through two more violent blows, again caught on tape. Her abuser was her facility caretaker, Julia Galvan, who was supposed to care for her. Sadly, Modesta Alvarado was found dead less than 24 hours after the violent attack, although authorities do not attribute her death to the incident. It's sad to realize that rather than receiving love and care during her last hours, Modesta Alvarado had to fight for her life and experienced pain, suffering, and fear.

On February 23, 2011, Alvarado's daughter contacted local police after reviewing the video footage that she shot using a camera hidden in a clock radio. In addition to the abuse discussed above, the footage caught Galvan ripping an oxygen mask from Alvarado's face, even though she was not authorized to remove any of Alvarado's medical equipment.

Galavan was charged with assault, abandonment, and neglect of the elderly and has been terminated from the facililty. She has posted $5,000 bail and is currently out on bond.

When asked why she attacked Alvarado, Galvan told police that she was "stressed" and suffers from depression.

The Terry Law Firm has handled many cases involving nursing home abuse and neglect. Some signs to watch for if you suspect your loved one may be suffering abuse or neglect at the hands of nursing home facility staff are:

- Unexplained bruising or crying or other emotional outbursts
- Signs of depression
- Unexplained fear - often of just one individual
- Withdrawal from activities normally enjoyed
- Clinging to visitors or family members

Take time to listen to your loved one and watch their reactions. If you suspect that abuse or neglect may be occurring, contact Illinois and Missouri Nursing Home Abuse Attorney David Terry for a FREE, no-obligation consultation toll-free at 1-888-317-2525 or 314-878-9797.

March 8, 2011

Excessive Use of Force Reportedly Breaks Nursing Home Resident's Leg

A former resident of an Illinois nursing home has filed a lawsuit in St. Clair County, Illinois alleging that use of excessive force caused him bodily injury.

Henry Dinan filed a lawsuit on January 28, 2011 against Protestant Memorial Medical Center, Inc., which does business as Memorial Convalescent Center and Memorial Hospital, and Memorial Care Center. Reportedly, in February 2009, while Dinan was a resident of the facility, his left femur was broken when employees of the facility used excessive force during care.

Dinan is seeking more than $50,000 in damages.

While we do not know the specifics of this case, broken bones are not uncommon at nursing homes. Sometimes, someone will fall and break a bone and it is no one's fault. Many times, however, falls can and should be prevented. What should always be prevented is abusive conduct that results in broken bones. Sadly, many nursing home employees are so overworked in understaffed nursing homes that they snap and physically assault a resident. In these cases, you will often find the root cause of the abuse is a tired, overworked, underpaid and undersupervised employee. Don't get me wrong, none of those excuse elder abuse, but prosecutors and/or civil attorneys should look not only at the abuser but the owners as well.

February 14, 2011

Smoking Kentucky Nursing Home Residents Not Supervised Because "They Turn Violent"

Smoking residents at a Kentucky nursing home are not supervised while smoking because "they turn violent if their cigarettes or pipes are taken away", according to records obtained by the Kentucky Herald-Leader.

Nursing home inspectors found 19 deficiencies at Parkview Nursing and Rehabilitation Center in between January 1, 2010 and January 31, 2011, according to a spokesperson for the Cabinet for Health and Family Services. The facility has been added to the federal Special Focus Facilities list, which is a list of the nation's most troubled nursing homes. Kentucky boasts four facilities on that list.

According to the report, on June 3, staff allowed a mentally disabled resident to leave a smoking room with a pipe. The resident reportedly fell asleep with the lit pipe and the mattress caught fire. The mattress smoldered and the resident was found on his knees, coughing in the hallway. He sustained second degree burns to his hand in the incident. The facility was issued a Type A citation for the incident on June 14. According to federal guidelines, nursing homes are allowed to have smoking rooms, but facility staff is required to supervise and assist residents who are unable to safely handle smoking materials. Because the resident involved in this incident became physically and verbally combative when his smoking materials were taken, staff members allowed him to keep his pipe and had been doing so for four years.

Other immediate jeopardy incidents found at the facility involved failures to keep the facility free of dangers that could cause accidents, failure to follow care plans, and failure to run the facility in such a manner that it leads to the highest level of well-being for the residents.

Parkview Nursing and Rehabilitation Care joins Arbor Place, Bluegrass Care and Rehabilitation, and James S. Taylor Memorial Home on the federal Special Focus Facilities list. The James S. Taylor Memorial Home has since voluntarily closed its doors.

January 21, 2011

South Carolina Caregiver Charged With Elder Abuse

A South Carolina caregiver faces elder abuse charges after a December 31, 2010 incident.

Forty-one year old Sonia King was making morning rounds at Carolina House on New Year's Eve when she reportedly slapped two elderly residents and threatened to choke a third resident. The residents were provided medical treatment.

King, who faces three counts of abuse of a vulnerable adult, was terminated from the facility.

Sadly, events like this are all too common in nursing homes. Nursing home owners are determining multiple ways to pocket the money they receive instead of providing quality care and quality employees. The result? Less care, more negligence, and more abuse.

If you suspect your loved one is suffering abuse at the hands of caregivers, contact the Terry Law Firm toll-free at 1-888-317-2525 for a free consultation.

January 19, 2011

Nursing Home Charges Questioned in Government Study

A recently released study by the Inspector General's Office of the Department of Health and Human Services revealed that, over the last two years, for-profit nursing home facilities have greatly increased the percentage of facility residents classified as needing the highest levels of care in order to collect larger Medicare payments.

The study, entitled "Questionable Billing by Skilled Nursing Facilities" found that from 2006 to 2008, the percentage of residents classified in the highest therapy groups jumped from 17 percent to 28 percent, despite little change in diagnoses or demographics. The result? A cost of an additional $5 billion cost to Medicare.

Costs incurred by individuals entering nursing homes after a hospitalization, which is paid for by Medicare Part A, are classified in a category known as a resource utilization groups (RUGs). The group the individuals are placed in is dependent upon how much therapy is needed and how much assistance with activities of daily living is required for the resident. The higher the RUG category, the more Medicare is required to pay.

For-profit nursing homes constitute more than 2/3 of nursing homes in the United States. Nearly 1/3 of residents in for-profit nursing homes were placed in the highest RUGs, while nonprofit facilities had 18% and government facilities had 13%. For-profit facilities were found to keep residents longer, up to 29 days opposed to 23 days at nonprofit facilities. According to the recently released report, "These billing patterns indicate that certain [skilled nursing facilities] may be routinely placing beneficiaries into higher paying RUGs...or keeping beneficiaries in Part A [stays] longer than necessary."

The Inspector General's Office made multiple recommendations to the Centers for Medicare and Medicaid Services for improvement and referred the 348 worst offenders to Medicare officials for action.

January 5, 2011

Police Charge Caregiver in Sexual Assault of Oregon Nursing Home Resident

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Robert Price


An Oregon nursing home resident reportedly was sexually assaulted by an employee of the facility. The resident, who is mentally incapacitated, was allegedly sexually assaulted at Valley West Health Care Center in Eugene, Oregon on December 22, 2010. Employees of Valley West Health Care Center notified local police, who arrested Robert Price, a facility employee. Price has pleaded not guilty to first degree sex abuse. He is schedule to appear in court on January 27, 2011.

Whether Mr. Price is guilty of sexually assaulting a resident or not, we don't yet know. What we do know is that far too many nursing home residents are victims of rape and sexual assault. Why? Because sexual predators recognize the elderly as easy targets due to physical and mental infirmities. Nursing home companies are often culpable by failing to adequately check the employee's background or failing to supervise employees. By reducing staffing levels so low they enable those who are prone to assault.

If your loved one has been sexually assaulted, call the police, call the state, and call an attorney.

December 20, 2010

Colorado Nursing Home Under Investigation in Resident Death

The untimely death of a Colorado nursing home resident has prompted an investigation by the Colorado Health Department and Commerce City Police Department.

Fifty-seven year old Angela Guerra suffered severe injuries to her face in early December, reportedly after running into a wall at the Woodridge Park Nursing Home. Her children are questioning the nursing home's explanation in light of a conversation with a hospital social worker, who reportedly told them, "The wounds on her face do not match up to the story [Woodbridge Park] is saying, of her hitting a wall." After her injury, Guerra was in and out of the hospital before succumbing to an infection on December 14. Her family still wants answers.

The Colorado Health Department has cited the facility for not properly monitoring a vulnerable resident and the facility has lost funding for new residents until the problem is fixed. The Commerce City Police Department has interviewed facility staff and is currently working on interviewing Guerra's physicians to determine if abuse played a hand in the woman's injuries.

Interestingly, the facility has been the subject of an investigation of CALL7 news investigator John Ferrugia. Ferrugia has spent six months investigating the Woodridge facility and its director, Angela Aragon-Herra concerning serious care issues, such as lack of supervision and care of residents.

December 20, 2010

North Carolina Nursing Home Resident Suffers Physical Assault at Hands of Caregiver

An eighty-five year old female resident was allegedly assaulted by an employee of the Emeritus Senior Living Center, a nursing home facility located in Charlotte, North Carolina. According to a report compiled by the Charlotte-Mecklenburg Police Department, the staffer reportedly kicked the woman in her legs sometime between December 18 and December 19. Physically, the woman suffered minor injuries, bruising, and scratches. The emotional damage she suffered may be far more serious.

According to Kristi Anthony-Keeter, a spokesperson for Emeritus Senior Living Center, "Our residents are like family and we hate when there are allegations like this."

Sadly, more and more nursing home residents are being subjected to physical assault and even sexual assault by the very employees who are supposed to care for them and keep them safe. Of course, some of these assaults can be attributed to the fact that so many nursing homes are understaffed, which is a decision made by the corporation in charge. Nursing home jobs are difficult and there should be as many employees as necessary to provide a safe environment and proper care for the residents.

December 10, 2010

California Nursing Home Resident Dies After Brutal Attack at Facility

A ninety-one year old resident of Chino Valley Health Care Center died from injuries he sustained in a brutal attack at the hands of another resident.

John Lazzaro was viciously assaulted in his room on November 23 by fellow resident, Matthew Harvey. Lazzaro suffered severe trauma in the attack and suffered facial wounds; his arm had to be amputated due to the severity of his injuries. Lazzaro died December 4 from his injuries.

Following the brutal attack, Harvey was found inside Lazzaro's room. Reportedly, Harvey used bodily force to inflict the severe injuries on the other man. Due to the 47 year-old-man's diminished mental capacity, he was not arrested but transported to a lockdown facility.

The case is being reviewed by the L.A. County District Attorney.

December 1, 2010

Florida Nursing Home Under Investigation For Abuse - UPDATE

A Florida nursing home under investigation for suspected resident abuse has fired three employees.

According a spokesperson for Brookdale Senior Living, the parent company of Clare Bridge, the nursing home under investigation, the terminated employees were not involved in the alleged abuse incidents under investigation. Recall, two family members of residents reported suspected abuse after one male resident suffered bruising on his face and another resident reported that an employee would not let go of their thumb. In an email, Botsford said, "Specifically, the acts for which terminations occurred were directly tied to failure to maintain confidentiality, disrespect, threatening others, and spreading gossip."

The abuse investigations continue.