Current News

John Riems, a former night-shift nurse at various Ohio nursing homes has entered a guilty plea to multiple counts of sexual battery and sexual imposition.   Judge Tygh Tone handed down the sentence that was agreed to by both the prosecutor and the attorney for Riems.  In January, authorities obtained a videotaped confession of Riems where he admitted to sexually abusing about 100 residents at multiple nursing homes since the 1980's.  Most of Riem's victims suffered from dementia or Alzheimer's disease.  Joe Bilgen, whose father was a victim, said Riems' crimes were similar to child abuse because most of the patients had similar states of mind. Read more about the sentencing of this Ohio nursing home worker here. Read the Nursing Homes Abuse Blog's earlier entry on this nursing home abuse here.

A Michigan Court has stricken an 'arbitration clause' from a pending wrongful death lawsuit against a Michigan nursing home.  In the case of High v. Capital Senior Living Properties, a nursing home resident's son filed a wrongful death lawsuit against the facility for failing to properly supervise his mother. Among the claims made in the lawsuit, the Plaintiff, Sidney High, claims the facility was negligent in allowing his mother (who had Alzheimer's) to wander from the facility and freeze to death.  After filing the wrongful death lawsuit, Capital Senior Living filed a motion to dismiss and attempted to force the claims made in the lawsuit to proceed under arbitration.  The facility claimed they were entitled to have any claims made against them in a private, arbitration setting per the terms of their admission documents.  In siding with son of the deceased nursing home resident, the Federal Court reasoned that there were multiple factors that weighed in favor of striking the arbitration clause in the nursing home admission contract.  Among the factors the court looked at in determining the arbitration clauses invalidity was that the clause was never signed by the resident herself and the woman did not have the mental capacity at the time of her admission to reasonably comprehend the significance of the contract. Arbitration Clauses  In an effort to avoid litigation and keep information regarding the quality of care provided in nursing homes private, many nursing homes have inserted arbitration agreements into nursing home admission documents.  Unlike most personal injury lawsuits, where a jury determines the amount of compensation due to an injured person, an binding arbitration (as most arbitration clauses specify) allow one person to determine the damages to be awarded to an individual or family.  Moreover, many nursing home arbitration clauses allow the nursing facility to appoint the arbitrator themselves-- hardly an independent trier of fact. Many states have stricken arbitration clauses from nursing home injury and death cases and have allowed the matters to be heard by a judge or jury.  Last session, Congress introduced the Fairness in Nursing Home Arbitration Act, which would effectively invalidate all arbitration clauses.  We will keep blog readers updated as to the status of this important development in nursing home legislation as the new Congress convenes. Read the full case of High v. Capital Senior Living Properties here.

The C.M. Tucker, Jr. Nursing Care Center has agreed to settle allegations of poor care levied on it by the Justice Department following an eight month investigation into the state-run facility.  The South Carolina facility houses 360 resident including 70 veterans and residents with long-term psychiatric illnesses.  The Justice Department conducted the report conducted the unannounced investigation under the powers granted it under the Civil Rights of Institutionalized Persons Act.  In May, the investigative report was released to the public.  Among the conditions cited to in the 36- page report include: Staff failing to identify residents with swallowing problems Failure to identify infection Swallowing problems Malnutrition Failing to regularly turn residents at high risk for developing pressure ulcers Not providing adequate pain medication Not doing enough to prevent falls that cause injury Inadequately investigating accusations of abuse Unsanitary conditions According to Grace Chung Becker, acting attorney general for the Civil Rights Division of the U.S. Justice Department, "[t]his agreement establishes systems to ensure that nursing home residents receive adequate services to meet their needs."  Additionally under the terms set forth between the government and the state; the facility must keep the government informed as to staff training, reporting and evaluation.  The settlement further requires staff to pay special attention to residents weight, food intake, pressure sores, pain management and report all deaths at the facility to the federal agency. Read more about this settlement of nursing home investigation here.

Too often we report on the poor conduct of nursing home staff.  This video should be a reminder to the quality people working hard in nursing homes across the country to provide compassionate care to residents. Thank you.  

A proposal has been sent to Governor Arnold Schwartzenegger for consideration that would force California nursing homes to publicly display their federal CMS ratings.   Under the proposal initiated by Los Angeles County Supervisor Mike Antonovich, nursing homes would be required to prominently display their 'starred rating' so all nursing home visitors and residents can see them.  CMS's nursing home ratings are based on a variety of quality controls including: medical care, staffing levels, food sanitation, bedsore mitigation and results from inspections.  This is not the first time Antonvich has advocated to make inspection reports public.  Approximately ten years ago, Antonovich lead an initiative to post health inspection grades in restaurants throughout Los Angeles County.  According to Antonovich, posting nursing home rating would have a positive impact quality of the nursing facilities; "This vital information equips families to make informed decisions about the care of their loved ones.  It provides incentives for facilities to establish high quality standards and compliance." I hope this concept gets implemented in California and throughout the country.  Requiring nursing homes to display their rating would hopefully instill a sense of pride amongst those who operate and work in the nursing home industry.  Does anyone really want to work in a facility receiving one star? Better yet, does any family really want to place their loved one in a facility deemed to be 'much below average'?  Read more about this California proposal here.

I was reviewing the AARPBulletintoday, and they ran a story about Kentucky nursing home that was cited for reports of alleged nursing home abuse and neglect by nursing state nursing home inspectors.  Winchester Centre for Health and Rehabilitation received a Type A citation- the most serious nursing home citation a state can give-- for problems related to 'medical errors' and consequently the federal government will terminate its Medicare / Medicaid funding. According to Kathy Gannoe, executive director of the Nursing Home Ombudsman Agency of the Bluegrass, prior to issuance of the Type A citation, the Winchester received 31 resident complaints in the past three months, and that 86% of the complaints had apparently been resolved. Winchester is a 183-bed facility that has received 1 out of 5 stars from according to Medicare ratings, putting the facility in the 'much below average' category.  Winchester Centre for Health and Rehabilitation is owned by Kindred Healthcare.  To those who may not be familiar with Kindred, it is a multi-service health care conglomerate that owns and operates hospitals, nursing centers, rehabilitation centers, and long-term care facilities throughout the country. As of February 7th, when the Medicare contract with Kindred officially terminates, Winchester will no longer be certified to provide care to government aid recipients.  Consequently, the Medicare recipients at Winchester will have to relocate to other Medicare approved facilities. But where will the residents go? The closure of facility deemed to have safety violations may seem like a good idea, but the closure of a Medicare-funded facility really just puts additional strain other other facilities forced to pick up the slack.  In Kentucky, more than 400 nursing home beds allocated for Medicaid recipients have been lost over the past year.  According to Gannoe, the closing of another facility would be "a very serious problem for consumers," and "a disaster for Central Kentucky." About Medicare / Medicaid Funding Of Nursing Homes Medicare provides an essential service for both residents and facilities.  For residents, Medicare (and Medicaid) provide not only the the funding for their stay at the facility, but the government's involvement also assures residents that the facility meets the standards set forth by the federal government.  Federal Regulations control all aspects of nursing homes from the type of nursing care provided to residents to the temperature of the food the kitchen prepares. The bottom line is that the regulation is in place to protect the well being of each resident. In exchange for meeting the standards set forth by the government, nursing homes are paid a daily rate for providing quality care to its residents.  In most cases, government funding comprises close to 90% of a nursing homes stream of revenue.

The family of a 68-year-old nursing home resident who wandered from the facility to his death, has filed a nursing home negligence lawsuit.  The family of Antoine Saintil recently filed the lawsuit against Broward Institute For Long Term Care after Antoine want missing from facility on Christmas day.  Search efforts by the facility to find Antoine were unsuccessful.  By the time authorities found Antoine in a waterway, two miles from the facility, he had apparently drowned.  Antoine Saintil's family faced a difficult decision that many families face every day when they placed him in the Florida nursing home--less than a month prior to his death.  However, the family realized a recent stroke left Antoine disoriented and beyond their ability to care for him. "Because my dad was sick and we didn't want to keep him in the house.  He needed health-care.  He needed someone to help him like doctors, nurses and therapist," said daughter Julie Saintil. There is no excuse for a nursing home's failure to keep residents who are prone to wandering from leaving the premises of the facility.  Nursing homes that house people, such as Antoine, who are prone to wander or elope should have the following safeguards in place to ensure the safety of each resident: Door alarms Window locks Door locks Bracelets that track each resident's location Adequate staff to look after residents Have contingent plans to locate residents who may wander from the facility There is no obligation on the part of nursing homes to house every person who seeks out the facility's services.  However, when the nursing home agrees to house a resident who is disoriented or has dementia, the nursing home is implicitly agreeing they are able to properly care for the individual and is responsible for providing proper care.  Read more about this wrongful death lawsuit here.

Authorities are looking for Jacqueline Anne Lumpkin, a certified nursing assistant at an Alabama Nursing Home, who is accused of stealing an elderly resident's identity to fraudulently buy goods and services valued at more than $5,000.  Warrants for Lumpkin's arrest were issued on December 4, 2008 and she is being charged with: elder abuse / neglect, financial exploitation, identity theft and fraudulent use of a credit card.  Each count caries a $15,000 bond.  Authorities are still attempting to learn if there are more residents that Ms. Lumpkin has taken advantage of.  Read more about this case of financial exploitation of the elderly here.

Joyce Stanley plead guilty to assault of a blind resident at the Etowah Health Care Center. Ms. Stanley's McMinn County Court appearance follows an investigation by the Tennessee Department of Health regarding allegations of Stanley's alleged abuse of a blind resident.  "A resident was hit with a clipboard and incontinence pad and the information was reported to the senior person on duty where there was a delay in reporting the matter," said Andrea Turner of the Department of Health. Ms. Turner also notes the investigation revealed Stanley slapped and pulled the hair of the resident. Following the investigation, Etowah was fined $1,500 by the Tennessee Department of Health and ordered to complete a plan of correction and stop admission of new residents.  "Based on the investigation and the report it has been determined that conditions at the facility either are, or likely to be detrimental to the health, safety and welfare of residents at the facility," Turner added. Ms. Stanley's sentence for her abusive treatment is one year in jail.  However, according to a court clerk, Ms. Stanley will only serve 30 days and the remainder of her sentence will be probationary. Ms. Stanley was fired from her position at Etowah immediately after this incident was discovered.  As to the nursing home worker who 'delayed' reporting the abuse--- hopefully he or she has been removed from the facility before there is another 'delay' in reporting abusive treatment. For the full story on this abusive nurse at this Tennessee Nursing Home please look here.

A janitor at the Normandy Nursing Center, a St. Louis, Missouri nursing home, was arrested and charged with raping a resident at the facility.  The victim is a 36-year-old woman suffering from Cerebal Palsy and seizure disorder.  The alleged incident took place on December 21st when the janitor attacked the woman in a stairwell and raped her.  The alleged perpetrator is being held in the St. Louis County Jail on $200,000 cash only bond.  According to the administrator at Normandy Nursing Center, the alleged perpetrator has worked at the facility for a year and a half and passed a background check. Read more about this nursing home rape here. Normandy Nursing Center received 2 out of 5 starts as a total rating for the facility according to Medicare's Nursing Home Compare website.  The for-profit facility is capable for 116 residents.  When it comes to staffing levels at the facility, Normandy rated poorly receiving just 1 out of 5 stars.  Normandy's staffing levels were significantly below the staffing levels for both national and Missouri nursing home averages.  Dare I say that had Normandy provided more staff to look after residents, this nursing home rape may have been prevented?