Pennsylvania Nursing Home Abuse Lawyer Blog

Beatitudes, a nursing facility in Phoenix, AZ, has one goal in mind for its residents: let them do whatever they want. It's an unusual approach for a nursing home, but it's one that's garnering positive results.

An article on WPTV.com discussed how residents and their families have reported a better quality of life and lower costs at Beatitudes. Staff members also stay longer, which is often difficult to achieve in a skilled nursing facility.

Patients can go to sleep and wake up when they want. They can eat or not eat whatever they like. And families have peace of mind, knowing that their loved ones are being taken care of and doing what they want.

There is a downside that some experts have noted. For those patients with Alzheimer's, a caregiver may think the Alzheimer's patient will get better. They may not incorporate the patient's previous passions into their everyday life.

The article notes that nurses at Beatitudes say it's about listening, letting the patients make their own decision, and showing them love.

Beatitudes is a retirement community that was founded in 1965 as a way to provide care to seniors who prefer independent living options. Home care services and assisted living are also available for those who do require extra care.

We all want the best for our elderly loved ones, especially when we know we aren't able to give them the continuous care they need. Beatitudes seems to be taking skilled nursing facilities in a new, positive direction with an emphasis on the happiness of not only the patients, but the staff who care for the residents. It's a trend that we hope catches on across the country.

As Hurricane Irene barrels up the east coast this weekend, we urge our clients and neighbors to stay safe and be prepared. Our local paper, The Republican Herald, reports that Gov. Tom Corbett has declared a state of emergency in PA, in anticipation of the wind, rain, and flooding that Irene is likely to leave in her path. The hurricane is expected to affect the eastern half of the state.

Pennsylvania could see as much as 7 inches of rain in the Philadelphia area that could cause the Schuylkill River and other bodies of water to flood, according to CNN.com. As a result, the National Weather Service in State College has issued a flash flood watch for Schuylkill, Lebanon, York, and Lancaster Counties from Saturday evening through Sunday morning.

We've listed a few websites below where you can find the most up-to-date information on the storm, as well as helpful tips to keep you safe as Irene passes through our area. From everyone here at Michael J. O'Connor & Associates, stay safe this weekend!

ReadyPA.org

WNEP.com/Weather

Republicanherald.com/Weather

Weather.gov

Last week, Northampton County made another step in the transition of its county nursing home from county to private hands when council decided unanimously to hire Premier Healthcare Resources to manage Gracedale.

According to an article in The Morning Call of Allentown, council members still have concerns about Premier's goals for Gracedale. However, Premier's president, Joanne Jones, said after the meeting that they usually do not see a large turnover in employees when a county home moves into private management.

Jones also assured council that Premier would not turn away residents based on their ability to pay for care, a point that is important for Gracedale, since most of its residents receive medical assistance.

Premier has reduced debt at similar facilities and feels they will be able to help Gracedale stay in the black, which is another issue that has plagued the nursing home.

The county's contract with Premier would be for two years, with three one-year renewal options.

In one way or another, everyone is feeling the pinch of the economic crisis. And beginning in October, nursing homes will be no exception, as the Centers for Medicare and Medicaid Services (CMS) will cut reimbursement rates to nursing homes by 11.1%. According to an article on The Wall Street Journal's Smart Money Blog, these cuts may affect staffing and services at nursing home facilities.

In the article, Larry Minnix, CEO of LeadingAge is quoted as saying, "Estimates are that tens of thousands of care staff could lose their jobs in order to balance this kind of deep cut."

What could that mean for your loved one who may be in a skilled nursing facility? It will be more important than ever to find a home with a quality staff. According to a study titled "Relationship of Nursing Home Staff to Quality Care" published in Health Services Research journal, a nursing home with more staff consistently "provided better care than all other homes."

So SmartMoney.com put together the following list of what experts suggest you look for when researching a nursing home with a quality staff to care for your loved one.

Adequate Staff: Federal law requires that nursing homes that receive Medicare or Medicaid aid have at least one registered nurse on staff at all times, as well as other license staff "sufficient' to meet residents needs. According to a report by CMS, a nursing home should at minimum have enough staff so that each resident gets to spend a minimum of two hours with a nursing assistant and 45 minutes with a licensed nurse each day. In an ideal situation, a resident would spend nearly three hours per day with a nursing assistant and one hour with a licensed nurse.

Low Turnover and Decent Pay: In the article, Minnix said that a turnover rate of less than 30% per year may indicate that the staff is relatively happy. A higher pay rate may also indicate higher job satisfaction. For comparison, the Bureau of Labor Statistics notes that the average rate for a nurse in a home is about $28 per hour, and the average rate for a nursing aide is about $11 per hour.

Well-Qualified Staff: It's always a good idea to meet the nursing home staff to assess if they seem trustworthy and reliable. Some questions to ask might include what are their qualifications, how long they have worked with the elderly, what their typical day is like, and what they like and don't like about their jobs. According to the article, experts say that nurses and senior staff should have worked with the elderly for at least five year.

Background Checks: According to a 2011 report by the Office of the Inspector General, nearly one in five nursing homes employ five or more people with a criminal record. You should ask the facility if they do background checks. Although they may not show you the specific background check, they should be able to tell you if they screen staff.

It's never an easy decision to place a loved one in a nursing home. But with the proper tools and research, you can find a facility that will give your family member the care and attention they deserve.

Residents of Falling Spring Nursing and Rehabilitation Center in Franklin County, PA aren't bothered by the fact that one of their doctors is 400 miles away. Video conferencing brings their doctor to them.

According to an article on PublicOpinionOline.com, the county has contracted with a telemedicine provider to receive psychiatric services. Residents meet with a geriatric psychiatrist using video conferencing technology.

Falling Spring is the first county nursing home in the area to provide behavioral health services through video conferencing.

The nursing home began exploring video conferencing options when its previous provider dropped its services to Falling Spring because the provider's behavioral nurse retired.

"Psychiatrists here in town are extremely stretched," said Dr. Barry Parks, Falling Spring nursing home administrator.

The county found a company out of California to provide the teleconferencing services, as well as the necessary equipment for teleconferencing. The county sends to the teleconferencing company the reimbursement it receives from Medicare for arranging an appointment and getting the resident there. The teleconferencing company then bills the resident's health insurance for the session, and in nearly all cases the provider in Medicare.

Teleconferencing will not change how much the nursing home pays for psychiatric services, but it does improve the cash-flow situation at the nursing home.

Behavioral health services help patients with depression and those who act out when trying to deal with frustration.

"The use of telemedicine technologies for mental health care are widely used and one of the fastest growing areas in telehealth," said Benjamin Forstag, spokesman for the American Telemedicine Association.

An article in this week's Patriot-News of Harrisburg gives some helpful tips on choosing the right type of elder care for a loved one. As anyone who has gone through the process knows, it's not an easy decision to make. That's why we found the tips in this article particularly helpful in making such an important decision in the life of an aged loved one.

In the article, Ann Henry, chief operating officer for the Pennsylvania Health Care Association, is quoted as saying, "The biggest thing for a lot of people is the feeling of guilt. You want to be able to take your loved one and care for them and oftentimes you just can't."

The tips were put together with the help of the state Department of Health and the state Department of Public Welfare.

Determine what type of care is needed. Your local agency on aging is often a good resource to help you determine how much care should be provided. You may need to decide if a personal care or assisted living facility is needed, depending on whether the individual is able to do certain things on his or her own, such as bathing and dressing. Or, you may find that a nursing home is necessary if your loved one needs assistance with all activities of daily living.

Talk to friends, family, and acquaintances for recommendations. You would probably be surprised to find out how many other family members, friends, and neighbors have had to go through the same difficult process of deciding on elder care for a loved one. Reach out to others and ask them for advice and suggestions.

Make an unannounced visit. In addition to scheduling a tour of the facility you are considering, stop by for an impromptu visit as well. You may observe some things that you did not see during your scheduled visit.

Follow your senses. When visiting a facility, pay attention to the way the staff interact with the residents and visitors. Look to see if residents are happy.

Consider the individual. Think of the personality of your loved one and try to determine if their needs and interests will be met in the facility you are considering for them.

The article also listed some questions to ask when you are considering elder care for your loved one.

Is the facility close enough for family and friends to visit?

What are your first impressions when you enter the facility? Is is attractive? How does is smell? Is it clean?

How do the staff interact with residents and visitors? Do staff seem happy with their work? Are they courteous and respectful? Do they know the residents by name? Is there enough staff working on the weekends and in the evenings?

Do the activities offered by the facility match the individual's interests? Are residents encouraged to participate in activities?

Does the facility offer religious or cultural support?

What do the rooms look like? Is there privacy? Can residents decorate their rooms?

What are the dining procedures? Are special diets provided for if necessary?

Does the facility provide services for terminally-ill residents? How are prescriptions administered? Are there special-care units for patients with Alzheimer's? Does the facility have an arrangement with a nearby hospital in case of emergency? Are specialists such as eye doctors able to see residents on a regular basis?

What services are covered in the basic charge? What are the extra charges? Does the facility accept Medicaid or Medicare if that coverage is needed?

What are the patients' rights and responsibilities? Is there a resident council and family council?

Does the facility have the latest health and fire-safety inspection reports available for review?

One of our neighbor states to the south, West Virginia, just reported a huge settlement awarded to an elderly woman's family after it was discovered that nursing home workers indirectly caused her death through neglect.

According to the West Virginia Gazette, the jury found that workers at Heartland of Charleston failed to feed and care for the woman who stayed at the home for approximately 3 weeks while waiting to be transferred to another home.

Elderly woman's family was awarded $91.5 million in damages, including $80 million in punitive damages and $11.5 million in compensatory damages.

The woman suffered from Alzheimer's, dementia, Parkinson's disease, and other conditions. She was checked into Heartland until space at another nursing home opened up. While at Heartland, her son found out that she was labeled a fall risk and that she was confined to a wheelchair. By the time she was transferred to another facility, she was unresponsive, she had lost 15 pounds, and she was severely dehydrated. She died a day after her transfer.

Several former Heartland workers testified that they were not able to properly care for all of the residents and that there were not enough nurses on staff to care for the woman.

During the trial, lawyers for the woman's family claimed that the nursing home kept the number of residents high and the number of staff low to increase profit. ManorCare Inc. is a parent company named in the lawsuit.

The article also mentioned that from February 2010 to April 2011, state inspectors cited Heartland for 28 deficiencies - more than double the state's average of 13.

Continue reading "Elderly Woman's Family Wins $91.5 Million in Nursing Home Neglect Lawsuit" »

The wait is over...a redesign of the federal government's Nursing Home Compare website has been completed.

The website, maintained and updated by the Centers for Medicare & Medicaid Services, is an online tool that helps families to better evaluate nursing homes.

The redesign features 21 new criteria that measure the quality of care at nursing homes across the county, including long-term and short-term care facilities. The new criteria focuses on specific issues such as pressure ulcers, infections, self-reported pain, falls, and general well-being. It also includes the percentage of residents at a facility who have received a pneumonia vaccine and who have been physically restrained.

The site will also include data about the number of civil money penalties and similar enforcement actions against a nursing home over the last three years.

The Nursing Compare Website allows consumers to file complaints more easily with state survey agencies, and includes links to phone and fax numbers, and standardized complaint forms.

If you are in the process of choosing a nursing home for a loved one, visit www.medicare.gov/nhcompare. Get all the facts and compare facilities so that you can have peace of mind that your family member will receive the care and attention they need.

While temperatures outside having been rising, temperatures inside one wing of Falling Spring Nursing and Rehabilitation Center in Chambersburg approached 90 degrees. And it's a problem some say has plagued the Franklin County nursing home for years.

According to PublicOpinionOnline.com, one day a wall thermometer in a patient's room showed a temperature of 86 degrees around 8:30 PM. One visitor said she has seen staff member coming out of patient rooms soaking and sweating. She is quoted in the article as saying, "That's a dangerous situation they are putting residents in. There are many members of that facility who do not have a voice."

The county says it reacted quickly to cool the wing. A window air conditioner was installed in one patient's room while aides cooled another patient using cool wash clothes.

The Area Agency on Aging in Franklin County has said that they are aware of the situation and that they are working with the county to help the affected residents.

One day, temperatures ranged from 72 to 88 degrees, with the rooms at the end of the wing being the hottest.

Franklin County Commissioner David Keller said airflow had been restricted to the air conditioning unit for the wing. But maintenance staff widened the air vent to bring cooler air into the system. Keller said, "It illustrates in general that climate control on that end of the building historically has been challenging because of the amount of direct sunlight that end of the building gets."

Continue reading "Temperatures Rising Inside Falling Spring Nursing and Rehabilitation Center in Chambersburg" »