I would like to take this opportunity to write to your law firm and thank you for coming through for me when I lost hope in my previous attorney.
We will gladly be a reference for you, and we certainly will recommend you as the attorney to have in Louisville. You have a gift in the way you are able to communicate with your clients and within the legal system.
My father would have been so proud to know that his case was driven home with such passion and genius. Thank you for giving that jury every tool they needed to hold those people accountable for the torture they inflicted on my Dad.
This week, an associated press article attributes poor care in nursing homes to understaffing and, discusses the 677 million dollar verdict against a nursing home that failed to meet minimum staffing requirements.
In the same week, the Lexington Herald Leader and the Louisville Courier Journal publish articles about the reasons for poor care in Kentucky and Indiana nursing homes.
Nursing home abuse and neglect occurs all over Kentucky. We make it our business as nursing home neglect attorneys to not only handle nursing home neglect cases when they arise, but also to report on bad nursing homes in the hopes that consumers will avoid them.
As a personal injury lawyer that handles nursing home abuse and neglect cases, I support Kentuckians for Nursing Home Reform. As a supporter I receive their newsletter. This month Bernie, the director, included the following letter he received from a nurse at a nursing home.
"From a nursing home employee....
I have been in health care for 26 years. I can remember when we had enough staff to care for our fellow Kentuckians, sometimes seeming as if we were family. Now it seems Boards and Administrators of care facilities keep just enough staff to run a "production plant" or "assembly line.” We are so understaffed.
It's painful to know there is care you can't give because there is just not enough staff. Most of my day is spent giving just the minimal amount of care, enough to make sure my residents are comfortable, when they deserve so much more.
And, I am yet to see a state or ombudsman visit where the facility didn't know in advance. Oh, but it is on these days that we have proper staff, until the visit is over, then it is back to the same staffing shortage, and minimal care.
Our elderly Americans should be our most celebrated citizens. It is they who prayed for us, raised us, built our schools, roads, and fought in wars to protect our rights, and freedoms, in hopes that their later years would be comfortable and worry free. But the sadness is they lose everything they worked for all their life for payment for care they don't and can't receive.
I enjoy my residents and the service I can give them, have grown quite fond of them, and in some instances, I am the only face they see. I would regret losing that bond, which is where my dilemma lies. I don't want to lose my job. But I would dearly love to see the media get involved and bring this petition to the average Kentuckian, would even talk to the media myself, but I am not sure how to proceed. Any advice in how I could help would very much be appreciated."
Because I am one of only a handful of personal injury lawyers in Kentucky that handle nursing home negligence cases, I am frrequently contacted by people who believe their loved one received poor care while a nursing home resident. Understaffing, infrequent patient repositioning leading to pressure sores, dehydration and a lack of general personal care are the major complaints. Not to mention overmedication and physical and chemical restraints.
In reviewing theses cases we have noticed that the majority of complaints arise out of the care given at for profit nursing homes.
Well.....
It appears our very non-scientific assumption has been given scientific credibility. Non-profit nursing homes provide better care than their profit driven counterparts. At least that's the conclusion of Canadian researchers who reviewed the results of 82 studies from 1965 to 2003. "Based on their findings, the review authors calculated that if all nursing homes were non-profit, nursing home residents in the United States would receive 500,000 more hours of nursing care per day, while those in Canada would receive 42,000 more hours of nursing care per day."
Last year, Medicare came out with its "Bad List" of nursing homes that need significant improvement. We listed all of the Kentucky nursing homes here.
Nursing home negligence and abuse can be avoided by researching the home before admitting your loved one. We have written a book to assist you in locating a nursing home in Kentucky and you can download it for FREE here.
PHOENIX, March 20 /PRNewswire/ -- An Arizona jury today awarded a landmark verdict of $11 million to the widow of a 36-year-old man with traumatic brain injury who died after ingesting foreign objects while in the care of Liberty Manor Residency, a Phoenix assisted living facility. The verdict included $2 million for the decedent, $5 million for the wife and $4 million in punitive damages. It was the largest verdict ever awarded against an assisted living facility in the United States.
"I want this to be a lasting victory for all individuals with TBI or other disabilities living in assisted living centers or group homes," said Lydia Scherrer, widow of Earl Scherrer, who died May 7, 2006, at the age of 36.
Earl Scherrer suffered a severe traumatic brain injury as a result of a car accident in 1996. He lapsed into a coma and was not expected to recover. Despite doctors' assessment that Mr. Scherrer's condition was permanent, Lydia Scherrer refused to disconnect her husband's life support. Earl Scherrer remained in a coma for 16 months before he began to slowly emerge. With his wife's nurturing and support, he slowly started to speak, albeit slowly. Mrs. Scherrer worked with her husband day after day, using first-and second-grade reading and math textbooks and other elementary learning tools to stimulate his brain function and coax him to reach his full potential.
Lydia Scherrer devoted many hours per week to her husband's recovery, but she also had to work and was forced to turn to assisted living and residential facilities to provide the 24-hour care her husband needed. For years, she visited him faithfully on her days off, every Tuesday and Wednesday, checking him out of the facility and taking him home.
On April 7, 2006, Mrs. Scherrer placed her husband in Liberty Manor Residency, a facility that purported to provide 24-hour supervision of its residents. One month later - on May 7, 2006 - she received a call saying her husband had been vomiting. Mrs. Scherrer rushed over to Liberty Manor, brought her husband home and gave him a bath. Within a matter of minutes, he began vomiting black matter and died in her arms.
Autopsy results showed a number of items - including plastic bags, unopened catsup packets, candy wrappers and paper towels - were found in Earl Scherrer's stomach and small intestines. The medical examiner determined these foreign objects were significant contributing factors to his death. The autopsy read in part, "hypertensive heart disease due to mechanical obstruction of the GI [gastrointestinal tract] from the foreign objects."
Lydia Scherrer, represented by Craig Knapp, of the Scottsdale law firm of Knapp & Roberts, brought claims against Liberty Manor for abuse and neglect, wrongful death and punitive damages.
At trial, it came to light that Liberty Manor made numerous false entries in its charts with respect to Earl Scherrer's care, including notations of care on days when Mrs. Scherrer had checked him out of the facility. Liberty Manor was also unable to produce Mr. Scherrer's alleged caregiver, an employee named Raul.
"Lydia Scherrer did not walk away from her husband, in life or in death," said her attorney, Craig Knapp. "Her hope is that this verdict will force the assisted living facility industry to set and meet higher standards of care for their residents, resulting in enhanced protections for the defenseless individuals trusted to the care of others.
1.Call 1-800-372-7181 and ask the operator to send a message to the members of the House Health & Welfare Committee telling them that you want them to vote for HB 318.
The members of the Health & Welfare Committee are:
Rep. Tom Burch, Louisville (chair)
Rep. Bob DeWeese, Louisville (vice chair)
Rep. David Watkins, Henderson, (vice chair)
Rep. John Arnold, Sturgis
Rep. Scott Brinkman, Louisville
Rep. John "Bam" Carney, Campbellsville
Rep. Robert Damron, Nicholasville
Rep. Brent Housman, Paducah
Rep. Joni Jenkins, Shively
Rep. Mary Lou Marzian, Louisville
Rep. Reginald Meeks, Louisville
Rep. Tim Moore, Elizabethtown
Rep. Darryl Owens, Louisville
Rep. Ruth Ann Palumbo, Lexington
Rep. Susan Westrom, Lexington
Rep. Addia Wuchner, Burlington
2.If you are a constituent of any of these, be sure to tell them that in your message.
3.Follow up your call with a brief e-mail to each of them.You can get their e-mail address by going to
4.Attend the meeting yourself.Come early and meet every committee member telling him or her you would like their vote for HB 318.Don't be bashful.Legislators are very nice people and will be happy to talk to you.
And if you can, thank them afterwards for their support.
Following up on a prior post about the 10 Worst States for Nursing Home Nurse Staffing, I thought I'd follow up and reveal the 10 Worst States for Overall Staffing (not limited to nurses). Again, surprisingly, Kentucky was not in the top ten.
According to US News and World Report:
Nursing Homes: 10 Worst States for Overall Staffing
Low nurse turnover and high quality of nursing care are vital to the well being of home residents
Yesterday, the federal government rolled out a revamped and simplified approach to its evaluations of nursing homes, in order to make the onerous task of choosing the right one easier for families. Like the system the government uses for rating Medicare health and drug plans, the Nursing Home Compare site now gives nursing homes from 1 to 5 stars, overall and in each of three areas—performance in the latest three quarterly reports in 10 key quality measures, such as the percentage of residents with urinary tract infections; performance in the latest three annual health inspections; and adequacy of both overall staffing and staffing by registered nurses.
The following 10 states have the highest percentages of nursing homes with the worst rating of 1 star for adequate overall staffing.
Yesterday, the federal government rolled out a revamped and simplified approach to its evaluations of nursing homes, in order to make the onerous task of choosing the right one easier for families. Like the system the government uses for rating Medicare health and drug plans, the Nursing Home Compare site now gives nursing homes from 1 to 5 stars, overall and in each of three areas—performance in the latest three quarterly reports in 10 key quality measures, such as the percentage of residents with urinary tract infections; performance in the latest three annual health inspections; and adequacy of both overall staffing and staffing by registered nurses.
The following 10 states have the highest percentages of nursing homes with the worst rating of 1 star for adequate staffing by registered nurses.
USA Today has published the results of Medicare's 5 year long study to determine the best places to get nursing home care. They have used any easy to understand 5-star system similar to that used to rank hotels and restaurants. You can read the article and look up a particular nursing home by following this link: USAToday Article and Results The article concludes that non-profit nursing homes and nursing homes associated with hospitals consistently rank higher. This begs the question that frustrates lawyers that handle nursing home negligence cases. Why doesn't the government demand transparency of corporations owning and operating nursing homes? Instead, they are allowed to participate in a "Corporate Shell Game" where multiples layers of corporations and LLCs are set up to hide assets from the individuals who are injured.
In a separate post, I'll discuss what I believe state and federal governments should be doing to protect our nursing home residents. hans
Those of us lawyers that handle nursing home abuse and negligence cases are always confronted with the problem that often the resident is unable to tell us what happened to them or who did it. That's the problem with nursing home abuse cases, the abuse doesn't occur when the family is around. This often leads to a problem proving the case. Some advocates of nursing home reform have called for video cameras to be installed in all facilities. This likely will never occure due to privacy concerns of other residents. One Richmond, Kentucky family ignored those privacy concerns in favor of finding out what was going on with their loved one. According to the Lexington-Herald Leader, the Attorney General's office has opened an investigation into the care provided at a Richmond, Kentucky facility. "The investigation comes after the family of an 84-year-old resident hid a video camera in her room at Madison Manor in Richmond. The Lexington Herald-Leader reported that the videotape shows nursing assistants at Madison Manor physically abusing and taunting Armeda Thomas of Irvine and failing to feed and clean her. Madison Manor is part of the Richmond Health and Rehabilitation Complex, owned by Wisconsin-based Extendicare." Don't even get me started on the corporate shell game these nursing homes play to insulate themselves from lawsuits for abuse of residents. That's a post for a different day. If you're interested in learning more about nursing home abuse, click here to watch my recent video, or download my Free Report on What You Absolutely Positively Most Know Before Choosing a Nursing Home.
Medicare has revealed the 54 worst nursing homes in the country. Suprsingly, none of them are in Kentucky; however, two of them are in Indiana. Kentucky is one of few states that does not have mandatory minimum staffing requirements, something Governor-elect Steve Bashear has promised to consider. Here is the complete list of nursing homes that the government ranks as teh worst:
Alabama Eastview HealthCare Center, in Birmingham Woodley Manor Health & Rehabilitation, Montgomery
Arkansas Benson’s Nursing Home Inc., Nashville
California Yuba City Care Center, Yuba City
Colorado Eagle Ridge at Grand Valley, Grand Junction Kindred Healthcare & Rehab Center of Northglenn, Northglenn
Connecticut Wethersfield Health Care Center, Wethersfield
Florida Apollo Health & Rehab Center, St. Petersburg Key West Convalescent Center, in Key West Palms Rehabilitation and Nursing Center, Lauderdale Lakes
Georgia Laurel Baye Healthcare of Lake Lanier, Buford The Place at Augusta, Augusta Shoreham at Marietta, Marietta
Hawaii Leahi Hospital, Honolulu
Iowa Blair House, Burlington
Idaho Gooding Rehab & Living Center, Gooding
Illinois Berkshire Nursing & Rehab Center, Forest Park
Indiana Hillcrest Centre for Health and Rehabilitation, Jeffersonville Valparaiso Care and Rehabilitation Center, Valparaiso
Kansas Atchison Senior Village, Atchison Ottawa Retirement Village, Ottawa
Louisiana Lake Providence Subacute Rehab, Lake Providence Plaquemine Caring LLC, Plaquemine
Massachusetts Cedar Hill Health Care Center, Randolph Milton Health Care, Milton
Minnesota Golden Valley Rehabilitation and Care Center, Golden Valley Mcintosh Manor, Mcintosh.
Missouri Senior Estates, Kansas City St Elizabeth Healthcare and Rehabilitation Center, Florissant West Village Manor, Columbia
Mississippi Hinds County Nursing & Rehabilitation Center, Jackson
Montana Evergreen Missoula Health & Rehab, Missoula
North Carolina Sunbridge Care & Rehab/Triad, in High Point
New Jersey Victoria Health Care Center, Matawan
New Mexico Fort Bayard Medical Center, Fort Bayard
Nevada Evergreen Mountainview Health, Carson City
New York Vivian Teal Howard Rhcf, Syracuse
Oklahoma Northwest Nursing Center, Oklahoma City Pawhuska Nursing Home, Pawhuska
Pennsylvania Ashton Hall Nursing and Rehab, Philadelphia Brighten at Broomall, Broomall
South Carolina Magnolia Manor — Moncks Corner, Moncks Corner Ridgeview Manor Nursing Facility, in Hopkins
South Dakota Aberdeen Healthcare Center, in Aberdeen Bennett County Hospital and Nursing Home, Martin
Tennessee Overton Park Health Care Center, Memphis
Texas Taylor Care Center, Taylor
Virginia Ruxton Health of Woodbridge, Woodbridge
Washington Evergreen Centralia Health & R, Centralia Franklin Hills Health & Rehab, Spokane Frontier Rehab & Extended Care, Longview
Wisconsin Luther Home, Marinette Willows Nursing and Rehabilitation, Sun Prairie
Washington, D.C. Carolyn Boone Lewis Health Care Center
Early this month, the federal government's Medicare program released the 54 worst nursing homes in the country. No nursing home in Kentucky made the list; however, the Lexington Herald leader is reporting that three Kentucky nursing homes were on the expanded list of "128 chronically troubled facilities ordered by the federal government to get closer scrutiny." "State records obtained by the Herald-Leader identify the Kentucky nursing homes as Cambridge Place in Lexington, Highlands Nursing and Rehabilitation Center in Louisville and Baptist Convalescent Center in Newport." Our friend, Bernie Vonderheide, president of the watchdog group Kentuckians for Nursing Home Reform, had this to say: "We may have a loved one in these nursing homes, or we may be considering one of these nursing homes for a loved one, and we have a right to know if our government is aware of serious and chronic problems." I agree with Bernie, there is no reason for the government to withhold the names of nursing homes that are neglecting patients by allowing them to get pressure sores and ulcers, becoming dehydrated or malnourished, or being subjected to chemical restraints such as Haldol for the convenience of the nursing staff. Nursing homes in Kentucky and elsewhere are critically understaffed. The public has a right to know the names of the nursing homes that are falling below the standard of care and harming our elderly loved ones. Nursing home neglect is a serious problem. According to the government reports all the nursing homes on the list consistently provided poor patient care and were in and out of compliance with federal regulations. For more information on how to choose and get good care at a nursing home, please download my Free Report-- Nursing Homes: What You Absolutely Positively Must Know Before Choosing One. Hans
Forty Kentucky nursing homes have been determined by the Center for Medicare and Medicaid Services to need significant improvement in the areas of pressure sores and/or restraints. Disturbing and sad. (if you only want the Louisville facilities, skip to the bottom). If you want to see all of them, click here
NORTH HARDIN HEALTH & REHABILITATION CENTER
HARLAN NURSING HOME
HART COUNTY HEALTH CARE CENTER
MEDCO CENTER OF HENDERSON
ARBOR PLACE OF CLINTON
BRIGHTON CORNERSTONE HEALTH CARE
CHRISTIAN HEALTH CENTER
CHRISTOPHER EAST HEALTH CARE FACILITY
FOUR COURTS SENIOR CENTER
JAMES S TAYLOR MEMORIAL HOME
KINDRED HOSPITAL - LOUISVILLE
NORTHFIELD CENTRE FOR HEALTH & REHABILITATION
MOUNTAIN MANOR OF PAINTSVILLE
MADONNA MANOR
VILLASPRING OF ERLANGER
KNOX COUNTY HOSPITAL
J J JORDAN GERIATRIC CENTER
RIVER'S BEND RETIREMENT COMMUNITY
BEREA HEALTH CARE CENTER
TELFORD TERRACE
MCCREARY HEALTH AND REHABILITATION
MEDCO CENTER OF BRANDENBURG
THE JAMES B. HAGGIN MEMORIAL HOSPITAL
COLONIAL HEALTH AND REHABILITATION CENTER
LIFE CARE CENTER OF BARDSTOWN
FORDSVILLE NURSING AND REHABILITATION CENTER
RIVER VALLEY NURSING HOME
HAZARD NURSING HOME
GOOD SHEPHERD COMMUNITY NURSING CENTER
WILLIAMSON ARH
ROCKCASTLE HOSPITAL & RESPIRATORY CARE CENTER
DOVER MANOR
GEORGETOWN HEALTH CARE CENTER
MASONIC HOME OF SHELBYVILLE
THE GRANDVIEW A NURSING & REHABILITATION FACILITY
BEDFORD HEALTH CARE CENTER
BRITTHAVEN OF BOWLING GREEN
HARBORSIDE HEALTHCARE - BOWLING GREEN ALZHEIMER LI
HOPKINS REHABILITATION AND NURSING CENTER
WOLFE COUNTY HEALTH CARE
CHRISTIAN HEALTH CENTER-LOUISVILLE
LOUISVILLE NURSING HOMES
CHRISTOPHER EAST HEALTH CARE FACILITY- LOUISVILLE
FOUR COURTS SENIOR CENTER-LOUISVILLE
JAMES S TAYLOR MEMORIAL HOME-LOUISVILLE
KINDRED HOSPITAL - LOUISVILLE
NORTHFIELD CENTRE FOR HEALTH & REHABILITATION-LOUISVILLE
As a result of an outcry from local and state legislators and private citizens, CMS (the Center for Medicare Services) will release the names of more underperforming nursing homes.
BULLETIN: CMS to name more underperforming facilities*
February 12 2008
Reversing an earlier position, the Centers for Medicare & Medicaid Services will release the names of additional nursing facilities the government has identified as poor performers.
Federal officials said they will address the issue during a media briefing called for 3 p.m. (Eastern) today.
Controversy erupted shortly after CMS posted the names of only the 54 “worst” facilities on its Special Focus Facilities to its Web site in late November. The remaining 74 facilities on the list were released only to provider associations, and, in part, to various state health departments — only some of whom made their in-state names public.
McKnight's sources have indicated that the list has expanded beyond the 128 facilities originally selected. The Special Focus Facilities list includes those that have consistently performed the worst in inspections. While the list has existed for many years, the government first began publicly releasing some names on it late last year.
Acting CMS Administrator Kerry Weems, who has said he would have handled the release of the names differently, and Sen. Herb Kohl (D-WI), chairman of the Special Committee on Aging, will speak at this afternoon's briefing, officials indicated.
“Providing the public the names of underperforming nursing homes across the country builds upon the historic release by CMS of poorly performing nursing homes in November of 2007,” a statement released by CMS said this morning.
Provider advocates have defended receiving the list, and not naming all facilities on it. They say such actions can help them police their own, and also avoid spotlighting facilities that might have either just landed on the list or improved enough to be heading off it soon.
Dan Frith posted today that Congress may finally help consumers avoid unfair arbitration clauses that are inserted into contracts before there is any dispute between them. An arbitration agreement gives up your right to to sue or have a jury hear your case. I see these arbitration clauses way too much in nursing home admission agreements. People simply don't understand what they are giving up when they sign these--and certainly aren't thinking about litigating a nursing home negligence claim when they are signing their loved one in to a home. Some of these agreements require the loser to pay for the other sides expenses in bringing the arbitration claim. They are completely unfair and should be done away with. I join Dan in saying "Please write your representative in Congress and ask them to support the Arbitration Fairness Act (H.R. 3010 and S. 1782). Let's win one for the American Consumer!"
Dan Frith posted today
that Congress may finally help consumers avoid unfair arbitration
clauses that are inserted into contracts before there is any dispute
between them. An arbitration agreement gives up your right to to sue
or have a jury hear your case. I see these arbitration clauses way too
much in nursing home admission agreements. People simply don't
understand what they are giving up when they sign these--and certainly
aren't thinking about litigating a nursing home negligence claim
when they are signing their loved one in to a home. Some of these
agreements require the loser to pay for the other sides expenses in
bringing the arbitration claim. PLEASE DON'T SIGN ONE!!!!!!!!!!!
They are completely unfair and should
be done away with. I join Dan in saying "Please write your representative in Congress and ask them to
support the Arbitration Fairness Act (H.R. 3010 and S. 1782). Let's win
one for the American Consumer!"
This editorial recently appeared in the Lexington Herald Leader questioning whether improving the nursing home care in Kentucky for our elderly is a religious obligation. I thought it was timely and interesting, so I am posting the entire article here.
Nursing home reform a faith issue
Esther Hurlburt
People of faith have recently chimed in on a variety of legislative issues. Some religious folks have protested mountaintop removal, others have rallied against casino gambling and still others have demonstrated their support for or opposition to pre-abortion ultrasounds.
Unfortunately, people of faith have yet to add their voices to a critically important issue that calls for justice and compassion. It's time that religious people of all faiths insist on justice and compassion for the 23,000 people living in Kentucky nursing homes.
Throughout the ages we have learned in churches, mosques and synagogues two very simple lessons: We must honor our elders, and we must do unto others as we would have done to ourselves. If our theology is to be of any use at all then it must be put into practice.
Creating a culture of care means we ensure that old people will not live in despair and fear that their needs will not be met if they are forced into institutional care.
Creating a culture of care means we honor our elders by standing in solidarity with them so they do not suffer any more than we ourselves would want to suffer.
Creating a culture of care ensures that the needs of the frail elderly are no longer subordinate to corporate greed that places profit over compassion.
Creating a culture of care based on justice and compassion for our frail elderly comes in the form of nursing home reform.
Nursing home reform, as an act of justice and compassion, can be preached from every pulpit, supported by every social justice group and taught in every religious education class. Elders, whom we have been taught to honor and whom we have been taught to treat with the same love and respect that we desire for ourselves, depend on us to speak for them when they can no longer speak for themselves.
People of faith can add their voices to support four pieces of legislation that promote nursing home reform. Please consider that:
* Justice and compassion should be delivered every day by well-trained caregivers rather than rationed by corporate policy. House Bill 109 would set minimum staffing to provide comprehensive, safe and timely care to every resident every day.
* Acts of injustice and neglect should not be hidden nor kept secret. House Bill 222 would allow consumers, especially family members, to be immediately, easily and accurately informed about nursing homes that violate the appropriate standards of care.
* People in charge should be held accountable for acts of injustice and neglect and should answer to such charges. House Bill 589 would require the Cabinet for Health and Family Services' Web site to detail who owns each nursing home and where they can be contacted. Further, House Bill 108 sets stiff penalties for nursing homes if problems are found to be caused by inadequate staffing.
If we are serious about putting what we have been learning in our faith communities into action, caring for our elders is a religious obligation.
Our friends over at Kentuckians for Nursing Home Reform need our help. They are collecting signatures for a petition to establish minimum staffing in nursing homes. We agree that far too many patient care issues are directly related to the lack of adequate staffing in nursing homes. We support any attempts to get the Kentucky legislature to recognize this and implement mimimum staffing standards. We believe a high percentage of nursing home abuse and neglect cases would never occur if homes had adequate staffing. Please follow the below instructions and get as many signatures as possible:
IT’S TIME TO GO TO WORK.
JOIN THE PETITION DRIVE FOR SAFE STAFFING STANDARDS IN NURSING HOMES.
HERE’S WHAT TO DO:
1. Go to the attachment with this e-mail. This is the petition.
2. Print it out.
3. Now, take it everywhere you can, explaining how important it is to have minimum staffing standards in nursing homes.
4. Get everybody to sign it and clearly print their e-mail addresses.
5. Send the petition to: Kentuckians For Nursing Home Reform, 1530 Nicholasville Road, Lexington, KY 40503
START NOW. DOWNLOAD THE PETITION (MS WORD). OPEN IT UP AND PRINT IT. GOOD LUCK. AND THANKS!
According to the Courier-Journal, the Kentucky has fired a second state employee arsing out of allegations of misconduct. On May 21, the state fired a nursing home inspection official with the Department of Public Health. The State determined that Moses Young had been living rent free in a Lexington townhouse owned by a company operated by a Covington nursing home president, Ralph L. Stacey, Jr. Now, it turns out that Young had a roomate, Sharon Harris, a former nurse administrator with the Department of Public Health. Both have denied any wrongdoing.
Young has been unable to provide any proof that he paid his own rent and Harris has refused to provide any information bout the townhouse in which she currently lives. According to the Courier, this is not the first time Harris has been fired for a potential conflict with Stacey's nursing homes. In 2002, while working as a nurse consultant for the state Medicaid Department, she was fired for having a second job working at one of Stacey's nursing homes. Although she was fired, she one an appeal and was reinstated. Harris claims she has been singled out by the office of the Inspector General.
According to the Courier Journal, Green Meadows Nursing Home in Bullitt, County Kentucky (one county south of Louisville, Kentucky) is losing its federal funding. Although the notice from the federal government did not state the specific reason funding was being terminated, it comes right on the heels of an August 11, 2008 Type A citation from the state of Kentucky (the most serious type). In order to issue a Type A citation, the state must determine that a resident's life or safety is endangered. The citation, issued as a result of a standard survey conducted Aug. 5-8, found that residents were injured by other residents. The citation said some residents were "slapped, choked, bitten, hit, kicked, and pinned against a wall" by other residents. "The facility was aware of these residents' combative behaviors but failed to provide supervision as needed to prevent further incidents, creating an atmosphere where residents were fearful for their safety," it said. We handled a similar type of nursing home negligence case involving resident-on-resident abuse last year. Patients that demonstrate aggressive behavior have to be re-directed or given opportunities to engage in activities that distract them and focus their energies elsewhere. Often, this behavior is the result of some underlying medical issue that is not being addressed. The resident is scared or doesn't feel well or is lonely. The key is recognizing the issue and then formulating a patient specific care plan to address the resident's behavior. Sometimes medication is necessary (although it is often abused by nursing homes as a form of chemical restraint). If the nursing home is unable to control the resident's behavior while maintaining the resident's rights to personal dignity and self determination, then the facility has to transfer the resident to a facility that can provide a higher level of care and, perhaps, one on one care. Often we see that facilities that have problems with resident on resident abuse simply don't have enough staff to handle the number of residents in the facility. Currently, Kentucky does not have any minimum staffing requirements for nursing homes, but it is something that we at the Poppe Law Firm strongly advocate and we are joined by many others, including Kentuckians for Nursing Home Reform. The cabinet's directory of licensed facilities on its Web site shows Green Meadows is owned by Mount Washington Health Care LLC. Earlier this year the federal government released its "bad list" of Kentucky nursing homes, Green Meadows was not on the list at that time. hans