... and Justice for All

"Systematically Poor Resident Care" At Erlanger Nursing Home; Meanwhile, Kentucky Senate Passes Tort Reform Benefiting Nursing Homes

An Erlanger nursing home, Villaspring Health Care, will pay $350,000 to settle a lawsuit claiming that it defrauded Medicare and Medicaid from 2004 to 2008 by providing "systematically poor resident care."  During this time period, five residents at the nursing home died and others were injured, as reported in the Lexington Herald-Leader, Erlanger Nursing Home to Pay $350,000, Enhance Care. 

Meanwhile, Senator Julie Denton, a Republican from Louisville, was introducing and the Senate was passing a tort reform bill, SB 9, which, as Sen. Ray Jones, "This is nothing more than an industry spending indiscriminately to shield its bad behavior." SB 9 would make it harder for people to bring lawsuits charging neglect or abuse in nursing homes in Kentucky. The Senate Health and Welfare Committee was so disinterested in anything approaching fair-mindedness that it voted to approve the bill before hearing any testimony or evidence against the bill, during which a number of Senators left the hearing room.

Read about it at kentucky.com: Slimy action on questionable bill; nursing homes aim to restrict lawsuits, Fighting the good fight to protect residents, not nursing homes.

Robert L. Abell
www.RobertAbellLaw.com 

 

Related articles

Medicare Paid $5.1 Billion In Taxpayer Dollars For Substandard Nursing Home Care, Report Finds

Home Nursing Care is Inevitable

Tort Reform Hands "Get Out of Jail Free" card to Wisconsin Nursing Homes

Medicare paid $5.1B for poor nursing home care

Medicare Paid $5.1 Billion for Inadequate Nursing Homes - Bloomberg

Nursing Home CPR Case: Glenwood Gardens Defends Nurse Who Refused To Help Ailing Patient

Kentucky's Nursing Homes Among Nation's Worst, Government Report States

Kentucky's nursing homes as a whole rank as the nation's 15th worst including ten among our nation's worst, according to a report released by the federal Government Accountability Office (GAO), reports the Lexington Herald-Leader, "Ten Kentucky Nursing Homes Among Worst In Country." 

The GAO report, ""Nursing Homes: CMS's Special Focus Facility Methodology Should Better Target the Most Poorly Performing Homes, Which Tended to Be Chain Affiliated and For-Profit" by clicking here.  According to the report, chain and for-profit nursing homes provide the worst care as a general rule. 

Robert L. Abell
www.RobertAbellLaw.com

Nursing Home Rating System Introduced

A five-star rating system for nursing homes was announced Thursday, December 18, by the federal Department of Health and Human Services, see http://www.medicare.gov/NHCompare.  

The ratings are drawn from three sources of data:

• health inspections
• staffing 
• quality measures   

The starred rankings indicate the following:

• five stars = much above average 
• four stars = above average 
• three stars = about average 
• two stars = below average 
• one star = much below average 

According to a report in the New York Times, "Nursing Home Industry Worries About New Ratings," 22% of nursing homes received the lowest rating of one star, while only 12% received the highest rating of five stars.

Families trying to select a nursing home may find helpful this nursing home checklist.  Additional information to help select a nursing home can be obtained from Kentuckians for Nursing Home Reform orNursing Home Ombudsman Agency of the Bluegrass. 

Robert L. Abell

www.RobertAbellLaw.com

        

Patient Abuse At Richmond Nursing Home Documented On Videotape

A family has documented by videotape the abuse of a family member at a Richmond nursing home, Madison Manor, the Lexington Herald-Leader reports, "Videotape At Nursing Home Documents Abuse."  Family members of an Irvine woman, Armeda Thomas, noticed bruises on her and could not get a straight answer from the nursing home staff.  So to find out the truth they installed a videocamera in her room.  The camera filmed numerous instances of physical abuse, failure to properly feed, and numerous other instances of neglect.  The nursing home has been cited by the Kentucky Cabinet for Health and Family Services.

Madison Manor is owned by Extendicare, a Wisconsin-based company.  Extendicare has been and is involved in numerous patient abuse and neglect lawsuits.  A lawsuit in Washington state alleges that an Extendicare nursing home there violated a consumer protection law by advertising high-quality, skilled nursing care and failing to deliver and another law that that bars nursing homes from making residents sign a form waiving liability for injury or property loss, according to seattlepi.com.  Also reported is that federal records show that nearly all of Extendicare's Washington homes have higher-than-average scores for health deficiencies from state inspectors. A class action lawsuit filed in Wisconsin claims that Extendicare fraudulently advertised its services and intentionally admitted more acutely ill residents without hiring enough staff to properly care for them, according to the Milwaukee Journal-Sentinel, "Class-action suit filed against Extendicare nursing home."  The Chicago Nursing Home Lawyer Blogreports a similar class action lawsuit was filed against Extendicare in Minnesota. 

Kentucky families with concerns about a nursing home, or the care a family member is receiving in a nursing home or about the possible abuse or neglect of a family member or loved one in a nursing home can find help by contacting or visiting the web site of Kentuckians for Nursing Home Reform or Nursing Home Ombudsman Agency of the Bluegrass. 

Robert L. Abell
www.RobertAbellLaw.com

Nursing Home Safety & Health Violations Reported

94% of nursing homes were cited last year for violations of federal health and safety standards.  Unsurprisingly, for profit homes were cited for violations more frequently than not for profit or government-operated homes.  Nearly 20% of the violations involved "actual harm or jeopardy" to patients. Frequently cited problems included medication errors, failure to feed properly, infected bedsores and abuse and neglect of patients.  The New York Times reported on the review conducted by the federal Department of Health and Human Services, "Violations Reported at 94% of Nursing Homes."  The report can be viewed at the Department's website by clicking here.  

Robert L. Abell

www.RobertAbellLaw.com