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Thursday, August 11, 2011
Massachusetts Guide to Stopping Nursing Home Abuse and Neglect Available
Hamill Law Office of Quincy, MA. announces that they have produced a Free Advocacy Guide for Massachusetts victims of Nursing Home abuse who are still in Nursing Home Care.
Called The "CONSUMER GUIDE TO STOPPING NURSING HOME ABUSE and NEGLECT",
this free Guide will show you how to immediately halt elder abuse:
Learn the best ways to approach the problem of abuse or
neglect that is occurring while your loved one is still in the Nursing Home
Learn the best “in-house” methods for stopping neglect
Learn powerful and immediate tools to stop abuse.
The Five best ways to report neglect.
The “Magic Number” to call in an emergency
Nine ways to deal with poor treatment.
Hamill Law Group
Advocates for Elder Nursing Home Victims
36 Miller Stile Rd.
Quincy, MA. 02169
(617) 479-4300
http://www.hamill-law.com/
Care home providers at the centre of abuse scandal close a second property
A second care home owned by the company at the centre of allegations of abuse of vulnerable patients is to close, it was announced on Wednesday.
Castlebeck, which owned the Winterbourne View care home in Bristol where abuse was filmed by an undercover BBC journalist for Panorama, has said it will close Rose Villa, also in Bristol.
Four members of Rose Villa's staff were suspended last month following an inspection by regulator the Care Quality Commission (CQC) while allegations of misconduct were investigated. But Castlebeck today said it was closing the rehabilitation centre for adults with learning disabilities, which has five patients and 30 staff, for "operational reasons".
Winterbourne View, which saw 13 staff members suspended over allegations of abuse, closed in June.
Castlebeck's chief executive, Lee Reed, the company was closing the site "with regret".
"The service is being closed purely for operational reasons," he said. "Whilst we recognise the concerns raised in the recent CQC inspection report, our decision has resulted from the fact that in reviewing operational practicalities, Rose Villa would be left on its own in the South West - some distance from the support that could be provided by our services in the West Midlands.
"The decision is purely voluntary and not at the instigation of CQC.
Care home providers at the centre of abuse scandal close a second property Society guardian.co.uk
Castlebeck, which owned the Winterbourne View care home in Bristol where abuse was filmed by an undercover BBC journalist for Panorama, has said it will close Rose Villa, also in Bristol.
Four members of Rose Villa's staff were suspended last month following an inspection by regulator the Care Quality Commission (CQC) while allegations of misconduct were investigated. But Castlebeck today said it was closing the rehabilitation centre for adults with learning disabilities, which has five patients and 30 staff, for "operational reasons".
Winterbourne View, which saw 13 staff members suspended over allegations of abuse, closed in June.
Castlebeck's chief executive, Lee Reed, the company was closing the site "with regret".
"The service is being closed purely for operational reasons," he said. "Whilst we recognise the concerns raised in the recent CQC inspection report, our decision has resulted from the fact that in reviewing operational practicalities, Rose Villa would be left on its own in the South West - some distance from the support that could be provided by our services in the West Midlands.
"The decision is purely voluntary and not at the instigation of CQC.
Care home providers at the centre of abuse scandal close a second property Society guardian.co.uk
Carlyle Nursing Unit to Appeal $91.5 Million Medical Negligence Verdict
"The Carlyle Group nursing home subsidiary, HCR ManorCare Inc., will appeal a $91.5 million verdict awarded to a man whose mother spent 20 days in a nursing home before dying in a hospital.
Dorothy Douglas of Barboursville, West Virginia, suffered dehydration and renal failure before dying, her son Tom Douglas claimed in his 2009 lawsuit filed in state court in Charleston, West Virginia. Dorothy Douglas, 87, suffered from dementia and Parkinson’s disease.
The jury on Aug. 5 found that Manor Care Inc., the unit owned by HCR ManorCare, was medically negligent in its care, according to the jury verdict form.
Douglas’s lawyers said the Charleston nursing home was understaffed and the home’s administrators knew it.
“Although the incident in question occurred two years ago, we feel that the center and staff acted appropriately in providing the proper care for this resident,” HCR ManorCare said in an e-mailed statement. “In addition we believe this center was staffed above the state requirements at the time in question.”
Carlyle Nursing Unit to Appeal $91.5 Million Medical Negligence Verdict - Bloomberg
Dorothy Douglas of Barboursville, West Virginia, suffered dehydration and renal failure before dying, her son Tom Douglas claimed in his 2009 lawsuit filed in state court in Charleston, West Virginia. Dorothy Douglas, 87, suffered from dementia and Parkinson’s disease.
The jury on Aug. 5 found that Manor Care Inc., the unit owned by HCR ManorCare, was medically negligent in its care, according to the jury verdict form.
Douglas’s lawyers said the Charleston nursing home was understaffed and the home’s administrators knew it.
“Although the incident in question occurred two years ago, we feel that the center and staff acted appropriately in providing the proper care for this resident,” HCR ManorCare said in an e-mailed statement. “In addition we believe this center was staffed above the state requirements at the time in question.”
Carlyle Nursing Unit to Appeal $91.5 Million Medical Negligence Verdict - Bloomberg
Monday, August 08, 2011
Heartland must pay $91.5M in fatal neglect case - West Virginia
"A Kanawha County jury on Friday awarded an elderly woman's family $91.5 million in damages from a Charleston nursing home, after finding that nursing home workers indirectly caused the woman's death.
After a trial that lasted nearly two weeks in front of Circuit Judge Paul Zakaib Jr., jurors found that workers at Heartland of Charleston, located at 3819 Chesterfield Ave., failed to feed and care for Dorothy Douglas, who stayed at the home for about three weeks in 2009 before dying at age 87. Lawyers for Douglas' son say she died from dehydration complications.
After closing arguments Friday morning, jurors deliberated for about two hours before returning their verdict and awarding $80 million in punitive damages and $11.5 million in compensatory damages.
In September 2009, Tom Douglas took his mother to Heartland of Charleston while waiting for space to open in another nursing home. Dorothy Douglas suffered from Alzheimer's, dementia, Parkinson's disease and several other conditions, Douglas' lawyers, Lance Reins and Amy Quezan, told the jury during the trial.
They said that while living with her son, Dorothy Douglas' health had improved to the point where she could walk, speak and recognize family members. After checking his mother into Heartland, Tom Douglas said, he discovered that the staffers had labeled her a fall risk and confined her to a wheelchair.
By the time she was transferred to the Heritage Center nursing home in Huntington three weeks later, she was unresponsive, she had lost 15 pounds and severe dehydration had driven her to the brink of death, Douglas' lawyers said.
She died at Cabell Huntington Hospital on Sept. 24, a day after her transfer.
Reins told jurors during closing arguments Friday that Heartland did not have enough nurses on staff to care for the woman. Several former Heartland workers testified during the trial that properly caring for all of the residents was impossible.
In 2009, the nursing home reported an employee turnover rate of 112 percent, according to Reins.
"They were losing more people because they weren't even staying through orientation when they saw the conditions," he told the jury."
Heartland must pay $91.5M in fatal neglect case - News - The Charleston Gazette - West Virginia News and Sports -
After a trial that lasted nearly two weeks in front of Circuit Judge Paul Zakaib Jr., jurors found that workers at Heartland of Charleston, located at 3819 Chesterfield Ave., failed to feed and care for Dorothy Douglas, who stayed at the home for about three weeks in 2009 before dying at age 87. Lawyers for Douglas' son say she died from dehydration complications.
After closing arguments Friday morning, jurors deliberated for about two hours before returning their verdict and awarding $80 million in punitive damages and $11.5 million in compensatory damages.
In September 2009, Tom Douglas took his mother to Heartland of Charleston while waiting for space to open in another nursing home. Dorothy Douglas suffered from Alzheimer's, dementia, Parkinson's disease and several other conditions, Douglas' lawyers, Lance Reins and Amy Quezan, told the jury during the trial.
They said that while living with her son, Dorothy Douglas' health had improved to the point where she could walk, speak and recognize family members. After checking his mother into Heartland, Tom Douglas said, he discovered that the staffers had labeled her a fall risk and confined her to a wheelchair.
By the time she was transferred to the Heritage Center nursing home in Huntington three weeks later, she was unresponsive, she had lost 15 pounds and severe dehydration had driven her to the brink of death, Douglas' lawyers said.
She died at Cabell Huntington Hospital on Sept. 24, a day after her transfer.
Reins told jurors during closing arguments Friday that Heartland did not have enough nurses on staff to care for the woman. Several former Heartland workers testified during the trial that properly caring for all of the residents was impossible.
In 2009, the nursing home reported an employee turnover rate of 112 percent, according to Reins.
"They were losing more people because they weren't even staying through orientation when they saw the conditions," he told the jury."
Heartland must pay $91.5M in fatal neglect case - News - The Charleston Gazette - West Virginia News and Sports -
Saturday, July 30, 2011
Nursing Home Arbitration Agreements - Use a Power of Attorney to defeat?
Nursing Homes are routinely denying wrongfully injured consumers access to the Courts by inserting mandatory arbitration agreements into their lengthy admission packets. Usually, consumers or their representatives are unaware that they have signed a document that forfeits or severly limits important civil rights.
In my website I have addressed a possible solution to defeat this practice by Nursing Homes by using a properly worded Power of Attorney document as part of their estate plan prior to going into a long term care facility.
The Nursing Home Power of Attorney would include a clause prohibiting your health care agent from unwittingly signing away your right to suit for injuries before you've even gone into the nursing facility. It would preserve your right to a jury trial of your peers rather than having to use an arbitrator who is dependant on large nursing Home chains for a continued stream of lucrative nursing home business.
In my website I have addressed a possible solution to defeat this practice by Nursing Homes by using a properly worded Power of Attorney document as part of their estate plan prior to going into a long term care facility.
The Nursing Home Power of Attorney would include a clause prohibiting your health care agent from unwittingly signing away your right to suit for injuries before you've even gone into the nursing facility. It would preserve your right to a jury trial of your peers rather than having to use an arbitrator who is dependant on large nursing Home chains for a continued stream of lucrative nursing home business.
Massachusetts Nursing home residents risk losing bed with Medicaid cut
Massachusetts nursing home residents who are briefly hospitalized or leave to visit their family risk losing their bed under a state funding cut finalized yesterday that illustrates the tough choices confronting state government in an era of tight budgets.
“I certainly appreciate the concerns raised by residents, advocates, caregivers, and members of the Legislature, but given our budget constraints, we had to move forward with this decision,’’ Dr. Julian Harris said in an interview.
The new rule goes into effect Nov. 1, Harris said
Federal law requires nursing homes to readmit a resident after a temporary leave to the first available bed in a shared room, but it does not guarantee the same room or bed as before.
Because so many nursing home residents have dementia, the prospect of facing a new bed and room each time they return can be especially confusing, advocates said.
“Imagine the stress this will put on families, heading into the winter holiday season, and they’re thinking, ‘I will have to tell my loved one that I won’t be able to bring them home for Thanksgiving because they’ll risk losing their bed,’ ’’ said Debbie Banda, director of the Massachusetts office of AARP, a major interest group representing older Americans.
Massachusetts Advocates for Nursing Home Reform, a statewide consumer group, collected petitions bearing nearly 1,600 signatures in hopes of persuading lawmakers and the Patrick administration to save the program and seek cuts elsewhere in the state’s $10.3 billion Medicaid budget.
“There will be devastating consequences to residents if they lose their beds in the place they call home,’’ said Arlene Germain, the group’s president.
Nursing home residents risk losing bed with state Medicaid cut - The Boston Globe
“I certainly appreciate the concerns raised by residents, advocates, caregivers, and members of the Legislature, but given our budget constraints, we had to move forward with this decision,’’ Dr. Julian Harris said in an interview.
The new rule goes into effect Nov. 1, Harris said
Federal law requires nursing homes to readmit a resident after a temporary leave to the first available bed in a shared room, but it does not guarantee the same room or bed as before.
Because so many nursing home residents have dementia, the prospect of facing a new bed and room each time they return can be especially confusing, advocates said.
“Imagine the stress this will put on families, heading into the winter holiday season, and they’re thinking, ‘I will have to tell my loved one that I won’t be able to bring them home for Thanksgiving because they’ll risk losing their bed,’ ’’ said Debbie Banda, director of the Massachusetts office of AARP, a major interest group representing older Americans.
Massachusetts Advocates for Nursing Home Reform, a statewide consumer group, collected petitions bearing nearly 1,600 signatures in hopes of persuading lawmakers and the Patrick administration to save the program and seek cuts elsewhere in the state’s $10.3 billion Medicaid budget.
“There will be devastating consequences to residents if they lose their beds in the place they call home,’’ said Arlene Germain, the group’s president.
Nursing home residents risk losing bed with state Medicaid cut - The Boston Globe
Wednesday, July 27, 2011
ManorCare's neglect was fatal, West Va.lawyer argues in Court
"CHARLESTON, W.Va. -- Workers in an understaffed nursing home failed to properly care for an 87-year-old woman who had stayed there for about three weeks before dying of dehydration, lawyers for the woman's son said during the first day of a civil trial Tuesday in Kanawha County Circuit Court.
Too few nurses were on staff in Heartland of Charleston to make sure Dorothy Douglas, who suffered from dementia and Alzheimer's, was eating food and drinking water, lawyers for her son Tom told a jury. ..... after three weeks at Heartland, she was covered in bruises, sores and scars in various stages of healing, Quezan said. "You will find that the reason," Quezan said, "is that she was literally dying of thirst."
Before she was admitted to Heartland, the elderly woman could walk, talk and recognize family members, Quezan said. Quezan claimed that Heartland intentionally keeps the home understaffed to increase the revenue generated by its residents. Heartland is owned by ManorCare Inc.,"
see full article:
Why are Hospital Errors so Rampant in the U.S.?
Excellent ARticle in the Washuington Monthly about the cause of so many medical errors in the U.S. The Article ponders this issue:
"Last year there wasn’t a single fatal airline accident in the developed world.
So why is the U.S. health care system still accidently killing hundreds of thousands?"
Their answer is a lack of transparency.
First Do No Harm - Marshall Allen
"Last year there wasn’t a single fatal airline accident in the developed world.
So why is the U.S. health care system still accidently killing hundreds of thousands?"
Their answer is a lack of transparency.
First Do No Harm - Marshall Allen
Tuesday, July 26, 2011
Winnipeg nursing home resident dies from neglect
WINNIPEG - Manitoba's Health Department says that negligent nursing home staff so thoroughly failed to treat an elderly woman who later died in hospital that their actions amounted to "physical abuse by neglect."
Officials are reviewing care at the Saul and Claribel Simkin Centre, where Lillian Peck, 93, suffered as her skin became infected by her own feces and later ruptured.
"Documentation on basic nursing care, assessment and treatment, and examination of the wound itself was absent," Bernadette Preun, assistant deputy minister of health, wrote in a letter dated July 20 that was made public Monday. "The evidence further showed staff were uncertain and lacked confidence in their knowledge of the wound and how to treat it." Negligent wound care may have caused the nursing home wrongful death.
Peck was at the home last October and was generally alert and in good spirits, according to her daughter Marsha Palansky. Palansky said she visited frequently and ensured her mother had a companion that would walk her around several hours each week.
Neither realized Peck was suffering an infection in her pelvic area until her health deteriorated and she was transferred to a hospital. That's when Palansky was shown how the infection had affected her mother.
"The skin was black. At one point, one of the doctors thought she might have flesh-eating disease, that's how dark it was," Marsha Palansky said Monday. "I literally broke down. I could not believe anybody could be in that condition.
Peck had not been washed after bowel movements, Palansky said. She died from heart and renal failure two days after being moved to the hospital. The Winnipeg Regional Health Authority has apologized to Peck's family and said it is reviewing standards at all nursing homes in its jurisdiction.
Seven nurses have been disciplined, including one who no longer works at the home, and the facility has implemented an improvement plan. "It should not have happened," said Real Cloutier, the authority's chief operating officer. "A big part of this was ... just not following the protocols in place."
Manitoba Health is also conducting a thorough review of the 200-bed nursing home, which bills itself on its website as "one of the most respected personal care homes in Winnipeg."
Palansky said she hopes no one else will go through what she has. "I'm hoping that this home becomes a quality long-term care home," she said. "But I don't think a lot of education (of staff) has happened."
Winnipeg nursing home resident dies after being neglected: government review - Winnipeg Free Press
Officials are reviewing care at the Saul and Claribel Simkin Centre, where Lillian Peck, 93, suffered as her skin became infected by her own feces and later ruptured.
"Documentation on basic nursing care, assessment and treatment, and examination of the wound itself was absent," Bernadette Preun, assistant deputy minister of health, wrote in a letter dated July 20 that was made public Monday. "The evidence further showed staff were uncertain and lacked confidence in their knowledge of the wound and how to treat it." Negligent wound care may have caused the nursing home wrongful death.
Peck was at the home last October and was generally alert and in good spirits, according to her daughter Marsha Palansky. Palansky said she visited frequently and ensured her mother had a companion that would walk her around several hours each week.
Neither realized Peck was suffering an infection in her pelvic area until her health deteriorated and she was transferred to a hospital. That's when Palansky was shown how the infection had affected her mother.
"The skin was black. At one point, one of the doctors thought she might have flesh-eating disease, that's how dark it was," Marsha Palansky said Monday. "I literally broke down. I could not believe anybody could be in that condition.
Peck had not been washed after bowel movements, Palansky said. She died from heart and renal failure two days after being moved to the hospital. The Winnipeg Regional Health Authority has apologized to Peck's family and said it is reviewing standards at all nursing homes in its jurisdiction.
Seven nurses have been disciplined, including one who no longer works at the home, and the facility has implemented an improvement plan. "It should not have happened," said Real Cloutier, the authority's chief operating officer. "A big part of this was ... just not following the protocols in place."
Manitoba Health is also conducting a thorough review of the 200-bed nursing home, which bills itself on its website as "one of the most respected personal care homes in Winnipeg."
Palansky said she hopes no one else will go through what she has. "I'm hoping that this home becomes a quality long-term care home," she said. "But I don't think a lot of education (of staff) has happened."
Winnipeg nursing home resident dies after being neglected: government review - Winnipeg Free Press
Friday, July 22, 2011
Black Nursing Home Residents have more Pressure Sores - JAMA
Nursing Home Neglect:
In a study published this month in the prestigeous Journal of American Medicine:
"... Nursing Home pressure ulcer rates in 2.1 million white and 346 808 black residents of 12 473 certified nursing homes in the United States that used the nursing home resident assessment; Nursing homes were categorized according to their proportions of black residents.
The study essentially measured the odds of pressure ulcers in stages 2 through 4 for black and white residents receiving care in different nursing home facilities.
Results ....... black residents of nursing homes showed persistently higher pressure ulcer rates than white residents.
In 2003, the pressure ulcer rate was 16.8% for black nursing home residents compared with 11.4% for white residents; in 2008, the rate was 14.6% compared with 9.6% , respectively. In nursing homes with the highest percentages of black residents (≥35%), both black residents unadjusted rate of 15.5% in 2008; and white residents unadjusted rate of 12.1% had higher rates of pressure ulcers than nursing homes serving primarily white residents, in which white residents had an unadjusted rate of 8.8%.
Conclusions From 2003 through 2008, the prevalence of pressure ulcers among high-risk nursing home residents was higher among black residents than among white residents. This disparity was in part related to the site of nursing home care."
Association of Race and Sites of Care With Pressure Ulcers in High-Risk Nursing Home Residents, July 13, 2011, Li et al. 306 (2): 179 — JAMA
In a study published this month in the prestigeous Journal of American Medicine:
"... Nursing Home pressure ulcer rates in 2.1 million white and 346 808 black residents of 12 473 certified nursing homes in the United States that used the nursing home resident assessment; Nursing homes were categorized according to their proportions of black residents.
The study essentially measured the odds of pressure ulcers in stages 2 through 4 for black and white residents receiving care in different nursing home facilities.
Results ....... black residents of nursing homes showed persistently higher pressure ulcer rates than white residents.
In 2003, the pressure ulcer rate was 16.8% for black nursing home residents compared with 11.4% for white residents; in 2008, the rate was 14.6% compared with 9.6% , respectively. In nursing homes with the highest percentages of black residents (≥35%), both black residents unadjusted rate of 15.5% in 2008; and white residents unadjusted rate of 12.1% had higher rates of pressure ulcers than nursing homes serving primarily white residents, in which white residents had an unadjusted rate of 8.8%.
Conclusions From 2003 through 2008, the prevalence of pressure ulcers among high-risk nursing home residents was higher among black residents than among white residents. This disparity was in part related to the site of nursing home care."
Association of Race and Sites of Care With Pressure Ulcers in High-Risk Nursing Home Residents, July 13, 2011, Li et al. 306 (2): 179 — JAMA
Monday, July 18, 2011
nursing home death ruled homicide
GLENVIEW, Ill.— The Nursing Home wrongful death of an 86-year-old nursing home resident from injuries sustained in an attack by another resident is being investigated as a homicide, suburban Chicago nursing home officials said.
Mercedes Iverson, a resident at Maryhaven Nursing and Rehabilitation Center in Glenview, died last week. The Cook County medical examiner ruled her death a homicide, saying she died from heart disease and brain injuries related to the assault.
"Within the past couple of weeks, an unfortunate incident occurred in a private room" in a part of the nursing home that handles patients with dementia, Brian Crawford, a spokesman for Resurrection Health Care, which runs Maryhaven, told the Chicago Sun-Times for a story posted online Sunday.
Crawford didn't offer further details on the alleged assault.
Glenview police, who are investigating the incident, have declined to comment until Monday.
Iverson was moved to hospice care at St. Francis Hospital in Evanston last week, the newspaper reported. She was pronounced dead Thursday.
Crawford said the incident was reported to the Illinois Department of Public Health as soon as nursing home officials were aware. He said state health officials launched investigations.
Police probe nursing home death ruled homicide - chicagotribune.com
Mercedes Iverson, a resident at Maryhaven Nursing and Rehabilitation Center in Glenview, died last week. The Cook County medical examiner ruled her death a homicide, saying she died from heart disease and brain injuries related to the assault.
"Within the past couple of weeks, an unfortunate incident occurred in a private room" in a part of the nursing home that handles patients with dementia, Brian Crawford, a spokesman for Resurrection Health Care, which runs Maryhaven, told the Chicago Sun-Times for a story posted online Sunday.
Crawford didn't offer further details on the alleged assault.
Glenview police, who are investigating the incident, have declined to comment until Monday.
Iverson was moved to hospice care at St. Francis Hospital in Evanston last week, the newspaper reported. She was pronounced dead Thursday.
Crawford said the incident was reported to the Illinois Department of Public Health as soon as nursing home officials were aware. He said state health officials launched investigations.
Police probe nursing home death ruled homicide - chicagotribune.com
Sunday, July 17, 2011
State Operations Manual T/C
The State Operations Manual contains sections outlining the Federal Code of Regulations governing Nursing Home Care. The so called "F-Tags" are derived from these sections. The Table of Contents is listed below. All sections are contained in 42 CFR §483
§483.5: Definitions
§483.10 Resident Rights
§483.10(a) Exercise of Rights
§483.10(b) Notice of Rights and Services §483.10(c) Protection of Resident Funds §483.10(d) Free Choice
§483.10(e) Privacy and Confidentiality §483.10(f) Grievances
§483.10(g) Examination of Survey Results §483.10(h) Work
§483.10(i) Mail
§483.10(j) Access and Visitation Rights §483.10(k) Telephone
§483.10(l) Personal Property
§483.10(m) Married Couples
§483.10(n) Self-Administration of Drugs §483.10(o) Refusal of Certain Transfers §483.12 Admission, Transfer, and Discharge Rights
§483.12(a) Transfer, and Discharge
§483.12(b) Notice of Bed-Hold Policy and Readmission
§483.12(c) Equal Access to Quality Care §483.12(d) Admissions Policy
§483.13 Resident Behavior and Facility Practices
§483.13(a) Restraints
§483.13(b) Abuse
§483.13(c) Staff Treatment of Residents (F224* and F226**)
§483.15 Quality of Life
§483.15(a) Dignity
§483.15(b) Self-Determination and Participation
§483.15(c) Participation in Resident and Family Groups
§483.15(d) Participation in Other Activities
§483.15(e) Accommodation of Needs
§483.15(f) Activities
§483.15(g) Social Services §483.15(h) Environment
§483.20 Resident Assessment §483.20(a) Admission Orders §483.20(b) Comprehensive Assessments
§483.20(c) Quality Review Assessment
§483.20(d) Use
§483.20(e) Coordination
§483.20(f) Automated Data Processing Requirement
§483.20(g) Accuracy of Assessment §483.20(h) Coordination
§483.20(i) Certification
§483.20(j) Penalty for Falsification §483.20(k) Comprehensive Care Plans
§483.20(l) Discharge Summary
§483.20(m) Preadmission Screening for Mentally Ill Individuals and Individuals With
Mental Retardation.
§483.25 Quality of Care
§483.25(a) Activities of Daily Living §483.25(b) Vision and hearing
§483.25(c) Pressure Sores
§483.25(d) Urinary Incontinence §483.25(e) Range of motion.
§483.25(f) Mental and Psychosocial Functioning §483.25(g) Naso-Gastric Tubes
§483.25(h) Accidents
§483.25(i) Nutrition
§483.25(j) Hydration
§483.25(k) Special Needs
§483.25(l) Unnecessary Drugs
§483.25(m) Medication Errors
§483.25(n) Influenza and Pneumococcal Immunizations §483.30 Nursing Services
§483.30(a) Sufficient Staff §483.30(b) Registered Nurse §483.30(c) Nursing facilities
§483.30(d) SNFs
§483.30(e) Nurse Staffing Information §483.35 Dietary Services
§483.35(a) Staffing
§483.35 (b) Standard Sufficient Staff
§483.35(c) Standard Menus and Nutritional Adequacy §483.35(d) Food
§483.35(e) Therapeutic Diets §483.35(f) Frequency of Meals §483.35(g) Assistive Devices
§483.35(h) Paid Feeding Assistants §483.35(i) Sanitary Conditions §483.40 Physician Services
§483.40(a) Physician Supervision
§483.40(b) Physician Visits
§483.40(c) Frequency of Physician Visits
§483.40(d) Availability of Physicians for Emergency Care §483.40(e) Physician Delegation of Tasks in SNFs
§483.40(f) Performance of Physician Tasks in NFs
§483.45 Specialized Rehabilitative Services
§483.45(a) Provision of Services §483.45(b) Qualifications
§483.55 Dental Services
§483.55(a) Skilled Nursing Facilities §483.55(b) Nursing Facilities §483.60 Pharmacy Services §483.60(a) Procedures
§483.60(b) Service Consultation §483.60(c) Drug Regimen Review
§483.60(d) Labeling of Drugs and Biologicals
§483.60(e) Storage of Drugs and Biologicals
§483.65 Infection Control
§483.65(a) Infection Control Program §483.65(b) Preventing Spread of Infection
§483.65(c) Linens
§483.70 Physical Environment §483.70(a) Life Safety From Fire §483.70(b) Emergency Power §483.70(c) Space and equipment §483.70(d) Resident Rooms §483.70(e) Toilet Facilities
§483.70(f) Resident Call System §483.70(g) Dining and Resident Activities
§483.70(h) Other Environmental Conditions
§483.75 Administration
§483.75(a) Licensure
§483.75(b) Compliance With Federal, State, and Local Laws and Professional Standards §483.75(c) Relationship to Other HHS Regulations
§483.75(d) Governing Body
§483.75(e) Required Training of Nursing Aides
§483.75(f) Proficiency of Nurse Aides §483.75(g) Staff Qualifications §483.75(h) Use of Outside Resources §483.75(i) Medical Director §483.75(j) Laboratory Services
§483.75(k) Radiology and Other Diagnostic Services
§483.75(l) Clinical Records
§483.75(m) Disaster and Emergency Preparedness
§483.75(n) Transfer Agreement
§483.75(o) Quality Assessment and Assurance
§483.75(p) Disclosure of Ownership
§483.5: Definitions
§483.10 Resident Rights
§483.10(a) Exercise of Rights
§483.10(b) Notice of Rights and Services §483.10(c) Protection of Resident Funds §483.10(d) Free Choice
§483.10(e) Privacy and Confidentiality §483.10(f) Grievances
§483.10(g) Examination of Survey Results §483.10(h) Work
§483.10(i) Mail
§483.10(j) Access and Visitation Rights §483.10(k) Telephone
§483.10(l) Personal Property
§483.10(m) Married Couples
§483.10(n) Self-Administration of Drugs §483.10(o) Refusal of Certain Transfers §483.12 Admission, Transfer, and Discharge Rights
§483.12(a) Transfer, and Discharge
§483.12(b) Notice of Bed-Hold Policy and Readmission
§483.12(c) Equal Access to Quality Care §483.12(d) Admissions Policy
§483.13 Resident Behavior and Facility Practices
§483.13(a) Restraints
§483.13(b) Abuse
§483.13(c) Staff Treatment of Residents (F224* and F226**)
§483.15 Quality of Life
§483.15(a) Dignity
§483.15(b) Self-Determination and Participation
§483.15(c) Participation in Resident and Family Groups
§483.15(d) Participation in Other Activities
§483.15(e) Accommodation of Needs
§483.15(f) Activities
§483.15(g) Social Services §483.15(h) Environment
§483.20 Resident Assessment §483.20(a) Admission Orders §483.20(b) Comprehensive Assessments
§483.20(c) Quality Review Assessment
§483.20(d) Use
§483.20(e) Coordination
§483.20(f) Automated Data Processing Requirement
§483.20(g) Accuracy of Assessment §483.20(h) Coordination
§483.20(i) Certification
§483.20(j) Penalty for Falsification §483.20(k) Comprehensive Care Plans
§483.20(l) Discharge Summary
§483.20(m) Preadmission Screening for Mentally Ill Individuals and Individuals With
Mental Retardation.
§483.25 Quality of Care
§483.25(a) Activities of Daily Living §483.25(b) Vision and hearing
§483.25(c) Pressure Sores
§483.25(d) Urinary Incontinence §483.25(e) Range of motion.
§483.25(f) Mental and Psychosocial Functioning §483.25(g) Naso-Gastric Tubes
§483.25(h) Accidents
§483.25(i) Nutrition
§483.25(j) Hydration
§483.25(k) Special Needs
§483.25(l) Unnecessary Drugs
§483.25(m) Medication Errors
§483.25(n) Influenza and Pneumococcal Immunizations §483.30 Nursing Services
§483.30(a) Sufficient Staff §483.30(b) Registered Nurse §483.30(c) Nursing facilities
§483.30(d) SNFs
§483.30(e) Nurse Staffing Information §483.35 Dietary Services
§483.35(a) Staffing
§483.35 (b) Standard Sufficient Staff
§483.35(c) Standard Menus and Nutritional Adequacy §483.35(d) Food
§483.35(e) Therapeutic Diets §483.35(f) Frequency of Meals §483.35(g) Assistive Devices
§483.35(h) Paid Feeding Assistants §483.35(i) Sanitary Conditions §483.40 Physician Services
§483.40(a) Physician Supervision
§483.40(b) Physician Visits
§483.40(c) Frequency of Physician Visits
§483.40(d) Availability of Physicians for Emergency Care §483.40(e) Physician Delegation of Tasks in SNFs
§483.40(f) Performance of Physician Tasks in NFs
§483.45 Specialized Rehabilitative Services
§483.45(a) Provision of Services §483.45(b) Qualifications
§483.55 Dental Services
§483.55(a) Skilled Nursing Facilities §483.55(b) Nursing Facilities §483.60 Pharmacy Services §483.60(a) Procedures
§483.60(b) Service Consultation §483.60(c) Drug Regimen Review
§483.60(d) Labeling of Drugs and Biologicals
§483.60(e) Storage of Drugs and Biologicals
§483.65 Infection Control
§483.65(a) Infection Control Program §483.65(b) Preventing Spread of Infection
§483.65(c) Linens
§483.70 Physical Environment §483.70(a) Life Safety From Fire §483.70(b) Emergency Power §483.70(c) Space and equipment §483.70(d) Resident Rooms §483.70(e) Toilet Facilities
§483.70(f) Resident Call System §483.70(g) Dining and Resident Activities
§483.70(h) Other Environmental Conditions
§483.75 Administration
§483.75(a) Licensure
§483.75(b) Compliance With Federal, State, and Local Laws and Professional Standards §483.75(c) Relationship to Other HHS Regulations
§483.75(d) Governing Body
§483.75(e) Required Training of Nursing Aides
§483.75(f) Proficiency of Nurse Aides §483.75(g) Staff Qualifications §483.75(h) Use of Outside Resources §483.75(i) Medical Director §483.75(j) Laboratory Services
§483.75(k) Radiology and Other Diagnostic Services
§483.75(l) Clinical Records
§483.75(m) Disaster and Emergency Preparedness
§483.75(n) Transfer Agreement
§483.75(o) Quality Assessment and Assurance
§483.75(p) Disclosure of Ownership
Friday, July 15, 2011
Standards of Care
Nursing Home Standards of Care :
Are there federal and state standards of care?
The Federal Nursing Home Reform acts and regulations set daily care requirements for nursing facilities. Federal law only applies to Medicare and Medicaid-approved nursing facilities. Almost all nursing facilities are Medicare or Medicaid-approved.
Federal law contains four key standards of care for nursing facilities:
1. The nursing facility must provide services to help each resident attain or maintain the highest practicable physical, mental, and psycho-social well-being.
2. A resident’s ability to bathe, dress, groom, transfer, walk, toilet, eat, and communicate must not decline unless it is medically unavoidable.
3. If a resident is unable to carry out activities of daily living, he or she must receive help to maintain good nutrition, grooming, and personal and oral hygiene.
4. Each resident has the right to make choices about his or her care.
Besides these general principles, federal laws set minimum requirements for daily care. Some of these requirements are described below:
General Hygiene
Assistance should be provided for any resident that needs help with general personal hygiene including: skin, oral, and hair care. Residents should also have the opportunity to shave daily with assistance if needed. Residents should receive help to take a full bath or shower as often as needed.
Pressure Sores
Residents who lie or sit in one position for long periods of time often develop pressure sores, also known as bed sores. Pressure on the skin prevents blood vessels from carrying nutrients to the affected area. This causes skin breakdown which can lead to large sores, infections, and severe pain if not treated. Poor nutrition and certain conditions may also lead to development of pressure ulcers.
Residents confined to a bed or a chair should be checked and their position changed (turned) every two hours or more often if the resident is uncomfortable. If needed, supportive devices, special mattresses, pads, and pillows should be used to maintain normal body posture and to relieve pressure. Residents should receive daily help with walking and exercise to help maintain or improve their circulation, strength, and use of the body.
Dressing
Residents should be dressed in their own clean, comfortable clothing each day. Residents who walk should wear appropriate footwear, and non-ambulatory residents should have suitable foot coverings when out of bed.
Toileting
Residents who have control of their bowel and bladder should receive help using the toilet as often as needed. However, some residents are incontinent, meaning they have lost control of their bowel or bladder. If this is the case, those who become wet or soiled should be cleaned and changed quickly. Incontinent residents should receive care to restore as much normal bowel and bladder functioning as possible.
Eating
Residents who need help eating should receive appropriate assistance during meal time. They may need packages opened or special eating utensils provided. In some cases, residents may require help feeding themselves. Food normally eaten hot should be served hot, and food normally eaten cold should be served cold.
Fluid Intake
The nursing facility must ensure that each resident receives sufficient fluids to maintain good health and prevent dehydration. Fresh water and drinking cups must be available on each bedside table.
Vital Signs
Upon admission residents must be weighed, have blood pressure, temperature, respiration rate, and pulse taken. These should be taken at least monthly or more often if ordered by a physician.
Family should always get a copy of the care plan. Monitor the care plan and talk with staff if questions arise.
See Standards of Care for Accidents: Accident Standard of Care
Are there federal and state standards of care?
The Federal Nursing Home Reform acts and regulations set daily care requirements for nursing facilities. Federal law only applies to Medicare and Medicaid-approved nursing facilities. Almost all nursing facilities are Medicare or Medicaid-approved.
Federal law contains four key standards of care for nursing facilities:
1. The nursing facility must provide services to help each resident attain or maintain the highest practicable physical, mental, and psycho-social well-being.
2. A resident’s ability to bathe, dress, groom, transfer, walk, toilet, eat, and communicate must not decline unless it is medically unavoidable.
3. If a resident is unable to carry out activities of daily living, he or she must receive help to maintain good nutrition, grooming, and personal and oral hygiene.
4. Each resident has the right to make choices about his or her care.
Besides these general principles, federal laws set minimum requirements for daily care. Some of these requirements are described below:
General Hygiene
Assistance should be provided for any resident that needs help with general personal hygiene including: skin, oral, and hair care. Residents should also have the opportunity to shave daily with assistance if needed. Residents should receive help to take a full bath or shower as often as needed.
Pressure Sores
Residents who lie or sit in one position for long periods of time often develop pressure sores, also known as bed sores. Pressure on the skin prevents blood vessels from carrying nutrients to the affected area. This causes skin breakdown which can lead to large sores, infections, and severe pain if not treated. Poor nutrition and certain conditions may also lead to development of pressure ulcers.
Residents confined to a bed or a chair should be checked and their position changed (turned) every two hours or more often if the resident is uncomfortable. If needed, supportive devices, special mattresses, pads, and pillows should be used to maintain normal body posture and to relieve pressure. Residents should receive daily help with walking and exercise to help maintain or improve their circulation, strength, and use of the body.
Dressing
Residents should be dressed in their own clean, comfortable clothing each day. Residents who walk should wear appropriate footwear, and non-ambulatory residents should have suitable foot coverings when out of bed.
Toileting
Residents who have control of their bowel and bladder should receive help using the toilet as often as needed. However, some residents are incontinent, meaning they have lost control of their bowel or bladder. If this is the case, those who become wet or soiled should be cleaned and changed quickly. Incontinent residents should receive care to restore as much normal bowel and bladder functioning as possible.
Eating
Residents who need help eating should receive appropriate assistance during meal time. They may need packages opened or special eating utensils provided. In some cases, residents may require help feeding themselves. Food normally eaten hot should be served hot, and food normally eaten cold should be served cold.
Fluid Intake
The nursing facility must ensure that each resident receives sufficient fluids to maintain good health and prevent dehydration. Fresh water and drinking cups must be available on each bedside table.
Vital Signs
Upon admission residents must be weighed, have blood pressure, temperature, respiration rate, and pulse taken. These should be taken at least monthly or more often if ordered by a physician.
Family should always get a copy of the care plan. Monitor the care plan and talk with staff if questions arise.
See Standards of Care for Accidents: Accident Standard of Care
Sunday, July 10, 2011
Lifecare MA Loses Wrongful Death Case: $376,000 Awarded for Negligence
Lifecare of Lynn, MA lost a Nursing Home wrongful death claim on July 6th, 2011 stemming from the wrongful death of one of its residents. She was awarded a total of of $376,000.
Geraldine McDonald fell off a curb outside lifecare on June 13th, 2008 fracturing both legs. She died from pneumonia 3 weeks later.
Geraldine McDonald fell off a curb outside lifecare on June 13th, 2008 fracturing both legs. She died from pneumonia 3 weeks later.
Sunday, July 03, 2011
Nursing home worker pleads guilty to attempted sex abuse
A nursing home employee accused of sexually abusing a female resident pleaded guilty to a lesser charge Friday morning and was sentenced to over 3 years in prison.
Eugene police arrested Robert Price just before the holidays after Valley West Health Care Center called them reporting an alleged case of sex abuse at their facility.
Price pleaded not guilty to first degree sex abuse on Dec. 30.
On Friday, Price pleaded builty to attempted sex abuse.
Judge Maurice Merten sentenced Price to 3 years and nine months in prison
Nursing home worker pleads guilty to attempted sex abuse
Eugene police arrested Robert Price just before the holidays after Valley West Health Care Center called them reporting an alleged case of sex abuse at their facility.
Price pleaded not guilty to first degree sex abuse on Dec. 30.
On Friday, Price pleaded builty to attempted sex abuse.
Judge Maurice Merten sentenced Price to 3 years and nine months in prison
Nursing home worker pleads guilty to attempted sex abuse
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