Nursing Home Abuse

A new federal report says that a volunteer office that is a watchdog for assisted living facilities and nursing homes in Florida has been corrupted by politics and industry as well as interference from the governor’s office.

The U.S. Administration on Aging investigated the firing of the head of the Florida Long-term Care Ombudsman Program. In a 31-page report issued Thursday, September 1, the agency found the volunteers are unable to do their job of protecting the state’s elderly and disabled because they are so hamstrung by politics. The ombudsman was fired even though she had an exemplary review as someone committed to promoting the best care and quality of life for residents.

In a special report by the Miami Herald, Neglected to Death, volunteers were prevented from speaking to the public about failures in elderly housing after behind-the-scenes efforts did not make improvements. These failures included poor training, bed sores, filthy facilities and bathrooms, broken air conditioning, stained floors and an inability to keep track of residents. Right after Gov. Scott took office in January the state’s ombudsman program director was fired even though he was considered a dedicated public servant. His dismissal was called a “grave blow to the program,” according to the federal report.

Farah & Farah Nursing Home Attorneys
Ever since we opened our doors in 1979, Farah & Farah has heard stories of mistreatment carried out by some nursing home staff. The atrocities are usually covered up by personnel but our nursing home attorneys in Florida understand how to recognize and prove neglect and abuse of our elderly. If you suspect your loved one has been victimized, has suffered physical or sexual abuse, intimidation, is acting differently, afraid and has stories of fear to tell, you cannot act soon enough. We care about your family member and will make plans to immediately meet in a confidential and complimentary consultation. Call us at 1-800-533-3555 as soon as possible.

Source: http://www.miamiherald.com/2011/09/02/2388104/program-to-protect-elders-undermined.html

Are Florida’s nursing homes any safer since the state fired its top watchdog over long-term care facilities? Brian Lee resigned in February from his job as the ombudsman for nursing homes and assisted living facilities after he says he was retaliated against for having high standards. He has now filed a civil lawsuit against the Florida Department of Elder Affairs and two industry groups, the Florida Health Care Association and the Florida Assisted Living Association.

Lee says he was forced to leave a program he loved and left the state’s elderly population vulnerable when nobody was put in his place and protections were dismantled. As an ombudsman, Lee oversaw volunteers who went to long-term-care facilities to investigate complaints by elders. The person put in his place was recommended by the assisted living industry. Lee says Gov. Rick Scott was involved in his firing, despite the fact that his previous performance reviews had been “stellar.”

Lee had criticized the industry for creating hard-to-track companies to avoid lawsuits by elders who felt they had been abused. He had requested all nursing homes list their ownership and directors, but that request was rescinded by his successor after the industry pushed back. Lee said the industry was trying to interfere with his attempts and he was forced to resign February 7. In his lawsuit, Lee says the Department of Elder Affairs retaliated because he blew the whistle about alleged wrongdoing.

In 2002, the state provided a Nursing Home Guide to help families find the best facility in their areas or in the state. The Guide recognizes the best nursing facilities with the highest standards, as deemed partially by the states’ ombudsman program. To view the guide, visit http://apps.ahca.myflorida.com/NHCGUIDE/.

The nursing home abuse lawyers in Jacksonville at the Farah & Farah law firm suggest looking for the facilities with the Gold Seal Award to find the facilities that offer the highest quality of life for their residents before placing a loved one in a nursing home or similar facility in order to reduce the chance of nursing home abuse occurring.

Source: http://www.orlandosentinel.com/health/os-nursing-home-watchdog-lawsuit-20110812,0,1811007.story

A newly released report from the Health and Human Services (HHS) inspector general finds that anti-psychotic drugs were being over-prescribed unnecessarily at least 300,000 times between January and June 2007, in some cases leading to the death of a patient with dementia. CBS News reports the study found that 88 percent of the time the federal government through Medicare paid for the anti-psychotic drugs used by nursing homes. Why is that a problem? Drugs such as Seroquel, Risperdal, and Zyprexa were approved for bipolar disorder and schizophrenia and not for the elderly suffering from dementia. In 2005, the U.S. Food and Drug Administration placed a black box warning notice alerting caregivers to a risk of increase in sudden death when used on the elderly suffering from dementia.

Senator Charles Grassley requested the Office of Inspector General (OIG) evaluate how often elderly nursing home residents were given atypical anti-psychotic drugs and what Medicare was paying for the off-label use for dementia. Medicare is supposed to be reimbursed only for medically accepted indications. The study found:

• 14 percent of the elderly in nursing homes had Medicare claims for atypical anti-psychotic drugs amounting to $309 million.
• 83 percent of Medicare claims for atypical anti-psychotic drugs in nursing homes were used off-label and 88 percent were used for the condition in the black box warning.
• 51 percent of the drug claims were erroneous amounting to $116 million.
• 22 percent of Medicare claims for atypical anti-psychotic drugs were not administered in accordance with Medicare and Medicaid Services standards.

The use of anti-psychotic drugs has been called a form of chemical restraint. HHS believes there may be kickback incentives between nursing homes and drug companies leading to the abuse of drugs in nursing homes, and everyone blames rapid turnover and the inadequate staff training as contributing to the problem.

If a loved one has been placed in a nursing home and experiences a sudden change in appearance and responsiveness, Farah & Farah encourages you to ask what type of drugs they are being given and how much before you ascertain whether the drugs are needed. If you find your loved one is being abused or neglected, we are always there to help with a complimentary consultation on your nursing home abuse questions. Contact our Florida nursing home abuse attorneys today.

A report by ProPublica shows that up to 92 percent of nursing homes employ at least one worker who has had a criminal conviction that may include theft, vandalism, drug-related crimes, and sexual offenses.

The news organization quotes a report released March 3 by the federal Department of Health and Human Services. To compile the report, the Office of the Inspector General requested information from a random sampling of 260 nursing home facilities from around the country. While most states, including Florida, conduct background checks on their new hires, the report shows about one out of every 20 nursing home workers had at least one conviction that went undetected.

Florida is one of 33 states that requires a statewide background check but does not require an additional FBI review of a prospective hires’ criminal background. That means a person convicted of a crime in one state can move to Florida and seek a job in a nursing home to avoid consequences.

A nationwide database is reported to be riddled with gaps and the government suggests tightening the review of background checks by the Centers for Medicare and Medicaid Services (CMS) that oversees the homes that are eligible for federal coverage. CMS has a searchable database to learn more about the ratings of a particular nursing home.

Under Florida Statute 400, the Nursing Home Bill of Rights requires basic dignity be shown to our elderly. The law recognizes physical, emotional and sexual abuse, exploitation, neglect and abandonment as causes for action. Anyone of any social standing or ethnic group can become the victim of elder abuse.

If you think a loved one is being abused or neglected by a caretaker, call the Florida Department of Children and Families Abuse Hotline at 1-800-962-2873 or the police if the situation merits immediate intervention. Then call the Florida nursing home abuse lawyers at Farah & Farah, who will launch an investigation to determine who should be held accountable. Whatever you do, please do something to stop elder abuse.

According to the federal Department of Health and Human Services, new resources are available to conduct criminal background checks on those job seekers who hope to work in the nursing home industry.

On Wednesday, October 6, the Centers for Medicare & Medicaid Services (CMS) made more than $13 million available to six states, including Florida, to help identify workers with a history of abuse to prevent them from working with nursing home residents. Those applying for a job will have their criminal history checked from a nationwide database as well as state abuse and neglect registries including, but not limited to, the Nurse Aide Registry and FBI files.

Nursing homes will benefit as well as hospice providers, long-term care facilities, and facilities for mentally disabled persons. Another 11 states have applied for funding and $160 million has been targeted to expand the program, which will run through September 2012.

Elder abuse is inexcusable treatment toward those who are unable to fend for themselves. Farah & Farah has seen several Florida nursing home abuse cases, many where for-profit homes cut corners putting profits over people. Elder abuse can include physical, emotional, and sexual abuse, exploitation, neglect and abandonment.

If you think a loved one is being abused or neglected call the Florida Department of Children and Families Abuse Hotline at 1-800-962-2873 or the police if the situation merits immediate intervention. Florida nursing home abuse attorneys Farah & Farah will launch an investigation to determine who should be held accountable for elder abuse and neglect. Generally these issues can be resolved in one to two years.

The recent closure of a Jacksonville nursing home highlights the fact that revoking a nursing home license is a rare occurrence in the state, according to research done by the Florida Times Union. Glenwood Nursing Center was the second nursing home in the state to have its license revoked in the past decade after years of poor reviews for the care it delivered, quality of life, and dignity.

106 residents called Glenwood home. The nursing home is fighting the state action.

The Agency for Health Care Administration has gone after other nursing homes for safety violations. In the past decade, 22 state nursing homes have received petitions to revoke their licenses, but in most cases, the state works with the home to improve conditions rather than close the doors, a situation where no one wins.

Three of the nursing homes that were petitioned, closed their doors on their own.

In Georgia, the past decade has seen six nursing homes close after they were terminated from the federal Medicare and Medicaid programs. For many nursing homes, federal money is what keeps the doors open.

Unfortunately, there are not enough nursing homes around that accept Medicaid, which reimburses for services at a lower rate than other types of insurance or private pay.

Closing a nursing home also raises concerns about the trauma a resident can experience when he or she is transferred from a nursing home they have known as their home and whose residents become their family. Many do not survive the trauma of a transfer.

If you think a loved one is suffering nursing home abuse in Florida, call the Florida Department of Children and Families Abuse Hotline at 1-800-962-2873 or the police if the situation merits immediate intervention.

Florida Statute 400, the Nursing Home Residents’ Bill of Rights establishes basic dignity and treatment of the elderly to include:

1. Reasonable access to health and legal services
2. To be transferred or discharged only for medical reasons
3. To be free from mental and physical abuse, corporal punishment, seclusion, and physical and chemical restraints
4. To be treated courteously, fairly, and with the fullest measure of dignity
5. Privacy
6. To receive adequate and appropriate health care

When nursing home profits are more important than compassion toward our elderly, the Jacksonville nursing home neglect attorneys at Farah & Farah will launch an investigation to determine who should be held accountable.

On Tuesday, June 8, the Florida Supreme Court heard Oral Arguments in a nursing home arbitration case, according to a Health News Florida report.

The nursing home industry increasingly prefers arbitration instead of lawsuits to settle difference. Skilled Florida nursing home abuse lawyers know that residents or their power-of-attorney are presented with the agreements upon admission. They mandate settling differences or lawsuits before a panel that will arbitrate the differences instead of going before a panel of jurors in a courtroom. Trial attorneys and consumer groups believe that the jury system should not be circumvented by this artificial arbitration alternative.

In the case before the court, Gayle Shotts challenged the arbitration clause of the nursing home, Winter Haven Inc., where he uncle lived and died. She filed a lawsuit saying the arbitration agreement was unconscionable and against public policy. She said she didn’t understand what she was signing.

Courts in Florida have treated arbitration clauses differently depending on where they are. In June 2008, the Second District Court of Appeal (2DCA) found that a nursing home arbitration agreement signed by the individual or their power-of-attorney was neither unconscionable nor against public policy. In the Shott case, the arbitration was to follow the AHLA/NHLA rules, which sets a higher standard of proof. The 2DCA severed the terms while the 4DCA declined to sever and the arbitration.

So when there is a difference at the lower court level, the highest court of the state must intervene.
The outcome of this case may determine how much limited liability a nursing home has when the resident signs an agreement. If you have been presented with an arbitration agreement, look at the capping of non-economic damages or pain and suffering, and preventing punitive damages or the awarding of attorney’s fees. All of that is designed to circumvent your rights to go to court under our U.S. Constitution. Decide if it is fair to decide the outcome of a case of negligence by signing away your loved one’s rights in advance of them entering the home. If most people understood what they were signing, they would simply refuse to do so. Stay tuned to this decision. The Shotts court docket is here.

94 Percent of Nursing Homes Have Problems. That is the concensus of a recent report from the Department of Health and Human Services.

94 percent of for-profit nursing homes were cited for deficiencies of care last year. Of that number about 17 percent had deficiencies that could cause actual harm or “Immediate jeopardy” to patients. About two-thirds of nursing homes are for-profit.

Problems cited include infected bedsores, medication errors, poor food, and abuse and neglect of patients.

So how do for-profit homes make their profit? Do they charge you more for expected quality care and then deliver less? The quality of a nursing home is entirely dependent on the ratio of nursing staff to patient. If you are shopping for a nursing home, that needs to be your number one question.

The inspector general’s report found 88 percent of non-profit homes were cited for deficiencies of care and 91 percent of government homes were cited. More than 37,000 complaints against nursing homes were received last year.

In addition, the Inspector General found some cases in which nursing homes billed Medicare and Medicaid for services that “were not provided, or were so wholly deficient that they amounted to no care at all.”

You can find out more about a nursing home in your area by checking with Medicare online and putting in your zip code and the distance you want to drive.

In Florida, the Agency for Health Care Administration has a Nursing Home Guide to find out what rating the state gives homes.

Cutting services to create profit can lead to unsupervised caregivers and has a direct impact on the quality of care your loved ones receive. When corporations cut corners people suffer. Call us at Farah and Farah for an evaluation of your claim. And check our Web site for more on elder neglect and nursing home abuse.

The nursing home industry has launched a campaign designed to fight a Senate vote on consumer protections for those living in nursing homes and assisted living facilities. The Fairness in Nursing Home Arbitration Act, sponsored by Sen. Mel Martinez (R-FL) and Herbert Kohl (D-WI) would make pre-dispute binding mandatory arbitration provisions that a person signs in a nursing home contract unenforceable.

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