Another handle?
One U.S. Attorney's Lawsuit Against A Nursing Home.
Recently, a United States Attorney's Office filed a very interesting federal lawsuit against a nursing home. While many disability advocates have tried, unsuccessfully, to have State Health Departments to rigorously conduct and enforce inspections of nursing homes, this lawsuit provides another handle.
The U.S. Attorney stated "This is a life and death issue. All previous efforts to bring this [nursing] facility into compliance have failed and we are taking this step in an attempt to ensure the safety of the residents."
The nursing facility, like nearly every other one in the country, received Medicaid funds and was therefore subject to the federal statutory and regulatory requirements.
Here are some of the violations the U.S. Attorney alleged:
1. The nursing home received Medicaid reimbursement for services that were "of a quality which fails to meet professionally recognized standards of health care."
Hmmm. What about causing bedsores? Not have a continence program? Not providing wheelchairs? Use of widespread restraints? "Professionally recognized standards"?
2. Under the Nursing Home Reform Act, the nursing facility services must again comply with "professional standards and principles which apply to professionals providing services in such a facility."
Doesn't this assume "professionals" are actually providing services? How many "professionals" are actually "providing services" in your nursing homes? The national data shows that there are very few RN s or LN s and services are provided by attendants.
3. Also under the NHRA, a nursing facility "must care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident."
Wow, did Congress really expect nursing facilities to affirmatively "maintain" and actually improve the "quality of life" of each resident? Sure like to know how the widespread use of restraints promotes this? Not providing wheelchairs, let alone motorized wheelchairs, promotes quality of life?
4. The NHRA requires that nursing facilities "must provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a plan of care."
Have you read a plan of care that relates to attaining or maintaining such well-being? What services are directed at achieving such well-being? Physical restraints? Keeping people in bed?
5. Here's a great one: Nursing facilities are supposed to have "sufficient nursing staff to provide nursing and related services" to reach the "well-being" in #4.
Throughout the country, most nursing facilities do not meet the CMS recommended minimum ratio of RN s to residents.
Disability and Older American Advocates:
1. Set up an appointment with your U.S. Attorney to discuss nursing facilities in your area.
2. Ask your U.S. Attorney to look at the Complaint "United States of America vs. Holland-Glen" (E.D.Pa.) filed 9/5/07. Ask if your U.S. Attorney would consider filing a similar lawsuit.
3. Pick out the worst nursing facility in your area and ask you U.S. Attorney to investigate and sue them.
4. If advocates for older Americans and for people with disability do not enforce the NHRA, it will not be enforced. Maybe a few good lawsuits by the United States of America might shake up the nursing facilities. Sure doesn't look like much else shakes them up.
Steve Gold, The Disability Odyssey continues
Back issues of other Information Bulletins are available online at http://www.stevegoldada.com with a searchable Archive at this site divided into different subjects. To contact Steve Gold directly, write to stevegoldada@cs.com or call 215-627-7100.
