Recently in Medicare Category

Nursing Homes Sued for Overmedicating, Defrauding Medicaid

December 8, 2014

5257948497_f5428013aa_b.jpgThe New Mexico attorney general recently filed a lawsuit against one of the country's largest nursing home chains, Preferred Care Partners Management Group, for defrauding Medicaid and causing the neglect and mistreatment of residents. Nursing home negligence lawyers at Pintas & Mullins detail this lawsuit and the horrific consequences of inadequate care.

The lawsuit specifically names 11 nursing homes, although it could have larger implications in other states if it is successful. Preferred Care Partners is based in Texas, with nursing homes in about 10 other states including Iowa and Florida. According to the suit, the chain purposefully understaffed its nursing homes in the pursuit of higher profits, at the expense of the physical and emotional well-being of its residents.

In a related story, NPR recently reported on one of the most pronounced and dangerous problems in American nursing homes: overmedicating residents. These two stories are closely related and impact one another because staff that work at chronically understaffed nursing homes often turn to pharmaceuticals to "restrain," or "subdue" the residents they do not have time to care for.

An estimated 300,000 nursing home residents are currently on antipsychotic drugs to suppress aggression or anxiety. Antipsychotic drugs, like Seroquel or Risperdel, all come with a black box warning (the FDA's most strict warning) to alert patients of the increased risk of death. The FDA also specifically states that most antipsychotic drugs should not be prescribed to elderly patients with dementia.

In fact, in 2013 the agency released a public health advisory, warning that certain antipsychotic drugs were associated with increased mortality among these patients. Several clinical studies, along with the tragic premature death of countless people, prompted the FDA to make this public announcement. The drugs are proven to cause significantly higher death rates, along with infections and heart failures in this demographic.

How, you may ask, are hundreds of thousands of elderly dementia patients still receiving antipsychotics? The crux of this issue can be explained through the lawsuit in New Mexico and its implications. Preferred Care Partners is accused of profiting from falsely billing Medicaid while understaffing its facilities and giving residents substandard care.

Improperly staffed nursing homes are unable to deliver suitable care to its residents, which results in overmedicating residents, leaving residents in soiled clothes and beds, ignoring restroom requests, and higher rates of serious falls. Other allegations against Preferred include neglecting to bathe residents, failing to assist them with meals, and residents suffering from dehydration and malnutrition.

The New Mexico attorney general is claiming that Preferred billed Medicare and Medicaid for services that were not provided, or were fundamentally worthless. Federal law also prohibits the use of antipsychotics in residents who do not have a psychological disorder, such as schizophrenia or bipolar disorder.

More often than anyone would like to believe, understaffed nursing homes give residents these drugs to control them in a practice called "chemical restraint." Powerful, dangerous drugs are given to residents with dementia who express severe anxiety, unruliness, agitation, and other difficult-to-control behaviors. Understaffed facilities simply do not have the time to care for these residents, so they subdue them with drugs.

The vast majority of dementia patients experience behavioral and psychological symptoms at some point. That is simply the nature of the disease, and it is often why residents are placed in nursing homes to begin with: so they can be in a safe environment with medical professionals. In order to give someone an antipsychotic drug, there needs to be a medical need and when the drugs are prescribed needlessly, the effects are obvious.

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Country's Worst Nursing Homes Receive Federal Insurance

November 17, 2014

last-station-nursing-home-4.jpegThe Center for Public Integrity recently revealed that hundreds of the country's lowest-rated nursing homes are receiving federally-backed, guaranteed mortgages. This assistance is worth billions of dollars, so why is it being given to facilities that harm residents and do not meet federal safety standards? Nursing home lawyers at Pintas & Mullins offer an investigation into this issue.

The Department of Housing and Urban Development (HUD) insures mortgage loans through a little-known program with little to no oversight. Throughout the country, nursing homes (and particularly for-profit chains) routinely receive HUD-guaranteed loans, regardless of the quality of care they provide.

Another federal agency, the Department of Health and Human Services (HHS) rates the country's nursing homes based on annual health inspections, staffing levels, and resident care. Take, for example, the Alden Alma Nelson Manor nursing home in Rockford, Illinois, which consistently earns the lowest possible quality rating from HHS, and has earned these abysmal ratings for the better part of a decade. Alden Alma recently paid hundreds of thousands of dollars in fines for the deaths of three residents and incidents of abuse and sexual assault. Despite this, Cambridge Realty Capital approved a $12 million mortgage for the facility, and the HUD insured the loan.

Another Illinois facility that received an HUD loan, the Crossroads Care Center in Woodstock, has a federal one-star rating. It was also fined about $360,000 for the deaths of six residents, including allegations that a nurse purposefully overmedicated and killed residents. That nurse, Marty Himebaugh, was found guilty of felony criminal neglect.

Again, despite this, in 2013 Crossroads Care received $4.4 million in a HUD-backed loan, it's second since 2001. Similarly, the Alden Wentworth Rehabilitation nursing home on Chicago's South Side received a $10.6 million HUD loan, even after a beloved resident fell four stories at the home, prompting a senate hearing. Two years before the loan, another resident died after wrongfully receiving narcotics for three weeks.

Stories like this abound throughout Illinois and the rest of the country. HUD officials claim that they are not made aware of safety and health issues, yet how this can be true is disconcerting. Why is there no system by which HUD employees must check a facility's quality of care before financing it? Why is there no emphasis put on regulatory enforcement, or communication between agencies - particularly when it comes to our nation's most vulnerable citizens?

The Center for Public Integrity states that this type of situation is not uncommon: since 2001, hundreds of the worst-ranked nursing homes in the country have received HUD-guaranteed loans, worth about $2.5 billion. In fact, the number of one-star nursing homes receiving HUD insurance rose every year between 2009 and 2012.

An esteemed nursing professor at University of California at San Francisco said that this HUD pattern points to serious issues about the communication - or lack thereof - between government agencies, an outrageous lack of oversight, and the improper use of public funding. There hasn't been any public scrutiny over the HUD's practices, which makes a bad problem even worse.

How, When, and Why This is Allowed


As mentioned, these loans are made possible by a little-known federal program: the National Housing Act of 1959, which was enacted by Congress to make it easier for nursing homes to secure loans on reasonable terms. It was created in effort to provide a reliable stream of income to nursing homes, which previously had trouble finding loans.

This may seem like a good thing, but the program means that if nursing homes default on the loans, the public pays (about $187 million in defaults have been incurred since 1959). These mortgages have been granted to over 7,000 nursing homes; currently, about 13% of all nursing homes have HUD-guaranteed loans.

About 240 nursing homes with a one-star rating have HUD loans, with Ohio having the most of any other state (30). In Illinois, 20 one-star nursing homes have HUD loans, and California ranked third among states. For-profit nursing homes make up the large majority of one-star loan recipients, with corporations owning two-thirds (despite representing only about half of all nursing homes nationwide). Experts believe that the HUD should restrict its guaranteed loans to only non-profit nursing homes, which generally run higher quality and safer facilities. This makes sense. The government should not be financing large, for-profit, multi-billion dollar corporations.

Part of the reason these facilities are able to get away with the death and demise of residents while still securing financial backing is because the owners spend hundreds of thousands in donations to political candidates.

Continue reading "Country's Worst Nursing Homes Receive Federal Insurance" »

Investigation Finds Nursing Home Care Lower Than Families Believe

November 12, 2014

last-station-nursing-home-7.jpgIn every nursing home throughout the country, staffing levels directly affects the quality of care residents receive. Far too many nursing homes are understaffed, under-funded, and not giving residents the comprehensive care they need. Nursing home abuse lawyers at Pintas & Mullins highlight a recent investigation by the Center of Public Integrity, which found that families may be overestimating the amount of care their loved one is receiving.

The Center for Public Integrity is a nonprofit, nonpartisan organization that recently compiled years of data from Medicare databases on nursing home staffing levels. The Center analyzed data from more than 10,000 nursing homes throughout the country and found that a staggering 80% of facilities report higher levels of registered nursing care to consumer websites than in actual reports to Medicare.

Notably, eight out of then ten states with the largest differences in reporting are in the south; and Arkansas and Louisiana's self-reported staffing levels were more than twice the actual numbers reported to Medicare.

The self-reporting system referred to in this report is the Nursing Home Compare website, which is extraordinarily popular and used by millions of families to find the "best" nursing home for their loved one. We have written about this website and its deficiencies in the past; the posts can be found here.

Experts believe - and are proven correct - that the staffing levels on this website are artificially inflated and, in many cases, extremely overestimated. Families who are looking to place loved ones in nursing homes have few resources at their disposal for finding the best facility. Making matters worse, most are given only a few days to find a facility after their loved ones are discharged from hospital or rehabilitation centers.

As a result, families rely on websites like Nursing Home Compare, and genuinely believe that their loved one is in a well-staffed, high-quality nursing home when that is quite far from the reality. It is only after an avoidable injury or extreme deterioration in health that the truth becomes known, and quite often, that comes too late.

Further complicating the issue, some data indicates that at least 700 nursing homes in the U.S. (and 250 in Illinois alone) have staffing levels that are actually lower than what is required by state law. Only 33 states and Washington D.C. directly mandate staffing requirements.

Real Patients, Real Harm


Too many Americans read stories like this and think it's a problem that does not, or will not apply to them. As the baby boomers grow older, however, more and more Americans will need to be placed in nursing homes in the coming decades, and it is often their families who will have to make the decision.

In its report, the Center for Public Integrity detailed the story of a resident admitted to nursing homes in Little Rock, Arkansas, and her family's experiences. Edna Irving was placed in Chenal Heights Health and Rehabilitation Center when she was 80-years-old. Her daughters believed the facility provided quality care based on the upper-class neighborhood it was in and high ratings on the Nursing Home Compare website.

Just one week after being admitted, however, Edna was hospitalized for a bowel obstruction. After being admitted back into Chenal Heights, her daughter went to check on her and found her lying in her own feces. A month later, Edna fell from her wheelchair, suffering a large laceration to her forehead. One week after this Edna developed a urinary tract infection because of inadequate catheter care.

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Illinois Ranks Last in Nursing Home Safety

October 7, 2014

elderly-woman-her-view.jpgA recent nursing home report card gave Illinois an "F" grade, putting our state at the bottom of national rankings for nursing home care. The report card is issued once per year by Families for Better Care, a nursing home resident advocacy group. The elder neglect lawyers at Pintas & Mullins take a closer look at this nursing home report card and why Illinois is ranked so poorly.

Families for Better Care scores each state based on eight factors, including:

1. The average amount of time professional nurses or assistants spend per resident per day
2. The percentage of nursing homes with above average professional nursing staff
3. The percentage of nursing homes with above average health inspections
4. The percentage of nursing homes with deficiencies and severe deficiencies

Severe deficiencies are defined as a violation that places residents in immediate jeopardy, or actual reports of resident abuse, neglect, injury or death. In total, 11 states received a failing grade, including many of our surrounding states, such as Missouri, Michigan, Iowa, and Indiana.

The most obvious difference between the best states for nursing homes and the worst is the amount of time staff spends with residents every day. Unfortunately, Illinois is among the most inadequate places for hiring and retaining enough staff to properly care for residents.

On the brighter side, there are quite a few nursing homes in Central Illinois that consistently do a great job caring for residents and keeping staff and safety levels up. In the state overall, one in four nursing homes cited a severe deficiency within the past year.

Government Takes Action


The conditions in American nursing homes are a serious issue needing immediate attention, and although individual legislators are largely failing to act, federal agencies are attempting to take the reins. The agency that oversees nursing homes, the Centers for Medicare and Medicaid Services (CMS), recently issued a press release on a quality improvement initiative.

The press release details two initiatives aimed at improving the quality of nursing home care. The first is the expansion and strengthening of the Five Star Quality Rating System for nursing homes, which we recently wrote about here. This rating system is widely used and trusted by families who need to place a loved one in a nursing home but are unsure where to start looking. The system, however, is immensely flawed, which is why CMS is taking measures to improve it.

The second initiative CMS will establish new conditions for the home health agency, which deliver care to patients living at home. Starting in 2015, CMS will make changes to the Five Star system by conducting random inspections in a sample of nursing homes, verify staffing reporting with payroll information, increase the number and type of quality measures used to rate facilities, and improve the methods they use to score nursing homes.

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End-of-Life Care Needs National Overhaul

September 19, 2014

Most families with loved ones in nursing homes know that our current healthcare system is inadequate for people nearing the end of life. Our nursing homes are understaffed and underfunded, we continue to pour money into treating illnesses instead of patients, and the population as a whole are living longer and longer. Elder law attorneys at Pintas & Mullins offer a glimpse into this complex problem, and what prompted a national committee to call for a large-scale overhaul. 9735923071_7906977312_b.jpg

In the mid-1800s, life expectancy ranged around 45 years; today, the life expectancy is around 80 years. The factors driving this are multi-faceted and not exclusive only to rich or developed nations - every nation's citizens are enjoying longer lifespans. Although there are obvious, unprecedented benefits to this, there is also considerable worry regarding our nation's healthcare.

The Institute of Medicine recently appointed 21 nonpartisan officials to a committee to discuss, research, and attempt to fix how we handle end-of-life care in the United States. The committee released a report on Wednesday, including recommendations to change current Medicare and Medicaid policies. The simple truth is that, if nothing is done, our healthcare costs will balloon out of control, leaving no resources leftover for other social issues.

Many changes will take congressional action to accomplish, such as providing better long-term coverage for elderly Medicaid patients. Other ideas would take a science and research overhaul, to emphasize living healthily into old age instead of just tacking on a few more years in the nursing home. In other words, instead of treating ailments after they happen, we must focus on prevention.

Many elderly people, particularly those in nursing homes, live out their last years in progressive disability and illness. If elderly patients received the care they personally desired, would they not be happier and, in turn, healthier? Instead of trying to treat elderly patients retroactively, officials are trying to urge Medicare and other insurers to have conversations with patients on advance care planning, well before that time comes.

Major Restructuring

The panel was made up of experts from all fields, including lawyers, doctors and nurses, insurers, aging experts, and even religious leaders. In their report, titled "Dying in America," they ask for a major restructuring of our health care delivery programs, along with elimination of the current incentive programs that encourage expensive tests and treatments with no real value.

Our current insurance system reimburses doctors for performing procedures or implanting medical devices, regardless of whether it is the right or wanted choice for that patient. This type of fee-for-service medicine is the center from which the change must come. Panel members were adamant on this point - saying that if the current law does now allow this to change, then the law itself must change.

Instead of extensive, complex surgeries, elderly patients far and wide prefer low-tech services focused on home-based care and pain management. In this vein, medical groups need to greatly increase training for palliative care and establish guidelines for patients who wish to avoid extensive procedures but still wish to be treated compassionately. Not only would this make heath care more satisfying for those patients, but it would lower the overall burden on the system in terms of dollars.

Ezekiel Emanuel recently wrote an article in The Atlantic stating, very bluntly, that he hopes to die at age 75. He discusses the type and amount of health care he would consent to after 75, and he is adamant that stretching out old age is not the life he wants. He cites statistics from various studies showing, among other things, that half of American women aged 80 and older had a functional limitation.

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Medicare Star Ratings May Do More Harm Than Good

August 26, 2014

2454143641_00d9fa44e5_o.jpgChoosing a nursing home for yourself or a loved one can be among the most decisions difficult of your life. In a culture increasingly dependent on the internet, Medicare's nursing home ranking website is exceedingly popular. There are more than 15,000 nursing homes in the United States; trying to find the right one is overwhelming, which is why systems that rank facilities are so widely used.

Nursing home lawyers at Pintas & Mullins and throughout the country are concerned that these online ranking systems are actually causing much more harm than good. Here, we delve into this matter and the reality of Medicare's five-star system.

The New York Times recently published an in-depth, wonderfully written yet harrowing account of how Medicare's ratings allow nursing homes to cheat the system - and ultimately elderly patients. Although the five-start Medicare program is relatively new (it was established in 2009), it has become exceedingly popular. Consider this scenario: your elderly mother lives with you, and one day she falls and breaks her leg, requiring emergency surgery and rehabilitation. After surgery, the hospital gives you just one day to choose a rehab center for recovery. Pressed for time and overwhelmed by the situation, you turn to Medicare.gov for help.

This is exactly what happened to the Chandler family, of Sacramento, California, in 2011. Wanting to keep her close to home, the Chandlers placed their 90-year-old mother in Rosewood Post-Acute Rehab, which had a five-star rating on Medicare.gov. Like so many others, they did not know how the rating system actually worked, and the hotel-like appearance of Rosewood comforted them. They placed Essie May Chandler in Rosewood for a six month stay.

In her six months at Rosewood, Essie lost 40 pounds, fell 11 times, had massive bruising across her body, and broke both her legs. Another six months after she returned home to her family, she passed away. The Chandlers now live with this guilt, clearly unable to forgive themselves.

What Went Wrong


Medicare's ranking system is based on three factors: inspection reports, staffing levels, and quality measures. These last two criteria rely only on data the nursing home self-reports to the government; and the feds never go in to check if the numbers are accurate. Therefore there is not much deterring nursing homes from over-reporting and sending false data to Medicare to boost their ratings.

To say the basis of this system is incomplete or lacking would be an understatement. It seriously misleads consumers because of its flaws and because it does not account for important factors, like complaints filed, or fines and enforcement actions. If that information was factored in, it is unlikely Rosewood would have five stars; from 2009 to 2013, officials received about 150 complaints and reports of problems at Rosewood, which is twice the state average.

To investigate further, Times reporters interviewed current and former residents at Rosewood, most of who said they did not think the facility deserved a five-star rating. Many residents live in a room with two other people, the facility is understaffed, and basic supplies are scarce. Rosewood has also recently been named in about a dozen lawsuits (including several resident deaths) from families who accuse staff of mistreatment and substandard care.

When injured residents or their families sue nursing homes for negligence or abuse, they quite often have to go up against the nursing home's parent companies. Rosewood, for instance, is actually operated by North American Health Care, which also owns more than 30 other nursing facilities. This offers a glimpse into why Rosewood appears so well-run on the outside, but fails its residents so egregiously.

North American Health Care is a for-profit corporation, focused on pleasing investors and increasing the bottom line. The nursing home industry is made up primarily of corporations like North American Health Care, who own dozens, if not hundreds of nursing homes. Understaffing, failing to keep up with supplies, and overcrowding rooms actually help boost profits, though cause grave harm to residents.

Many nursing homes have expertly learned how to play the rating game - one analysis shows that even facilities with illustrious histories of inadequate care have high ratings in the self-reported criteria. Case in point: of 50 nursing homes on federal watch for poor quality, two-thirds have four or five stars for quality data and staff levels, while the state-reported health inspections earned them one or two stars.

Continue reading "Medicare Star Ratings May Do More Harm Than Good" »

Illinois Revokes License of Nursing Home Psychiatrist

August 13, 2014

78217195_07b2df9cdb_o.jpgA popular Chicago psychiatrist, Dr. Michael Reinstein, recently had his license suspended by the Illinois medical board due to his illegal prescribing of clozapine, an antipsychotic. He prescribed the dangerous drug to countless nursing home residents despite clear and irrefutable evidence that it could cause premature death in the elderly. Nursing home abuse lawyers at Pintas & Mullins highlight this case and how residents succumb to corrupt doctors.

According to investigative reports, Reinstein, who worked out of an office in the Uptown neighborhood of Chicago, gave clozapine to more than half of all his patients. Clozapine is a powerful antipsychotic drug, recommended for patients as a last resort. It can cause seizures, serious drops in white blood cells, heart wall inflammation, and death.

Reinstein received at least $350,000 in illegal payments from clozapine's manufacturer - a fact that came to light after a joint investigation by the Chicago Tribune and ProPublica, a non-profit advocacy group. After this investigation, the Illinois Department of Financial and Professional Regulation stepped in, beginning a two-year legal fight.

Reinstein has repeatedly denied any wrongdoing in his practice, and is seeking an to stop his license suspension in Cook County Circuit Court. He claims that every clozapine prescription was medically necessary, despite immense payments from the drugs' manufacturer, Teva Pharmaceuticals. Reinstein reportedly received $50,000 every year from Teva in a "consulting agreement."

In addition to this annual agreement, Reinstein also received numerous gifts from Teva, including free travel to and from Miami, fishing trips, lavish dinners, a boat cruise, and many tickets to sporting events. He enjoyed these gifts from 2003 to about 2009, when the investigation began, and Reinstein, undoubtedly feeling the heat, asked the drug maker to stop payments.

The legal battle is not looking promising for Reinstein. In March of this year, Teva agreed to pay a $27.6 million fine over claims that it paid Reinstein to prescribe the drugs. Another 2012 lawsuits against the disgraced doctor is currently pending in federal court regarding hundreds of thousands of false Medicare and Medicaid claims.

Nursing Home Deaths Tied to Clozapine


In addition to his Uptown clinic, Reinstein also served as a psychiatric medical director at over a dozen local nursing homes; one year he issued more prescriptions for clozapine than all doctors in Texas combined. It is impossible to understate how much damage he single-handed caused in the lives and wellbeing of his patients. At least three patients died of clozapine intoxication while under his care, and countless others lost their quality of life from this powerful antipsychotic drug.

One of his victims was a 50-year-old man named Alvin Essary, who was a resident at Somerset Place nursing home when he died in 1999. According to his medical records, he had over five times the toxic level of clozapine in his blood at the time of his death. Consequently, Essary's family sued Reinstein for his negligence, ultimately settling for about $85,000.

Another of Resinstein's patients was just 27 when she died of medication intoxication. According to investigations, Reinstein increased the dosage for Wendy Cureton at twice the recommended pace, and combined the drug with a sedative despite clear medical warnings not to do so. After yet another dosage increase, Cureton collapsed and died.

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When and How to Choose Hospice Care

June 18, 2014

116482438_79d50d4e57_o.jpgAs Americans age, they are making greater use out of hospice care, which is offered to terminally ill patients at the end of their lives. Deciding to place yourself or a loved one into hospice care can be one of the most difficult of a person's life, and many are unaware that they have a choice of programs. Elder law attorneys at Pintas & Mullins offer some advice and a few tips on how to choose the right hospice.

Hospice programs involve comprehensive care for those near the end of their lives; the focus is on comfortable, at-home care, to relieve pain as much as possible. Although most hospice patients receive care in their homes, it is possible to receive hospice care while residing in a nursing home, even for those on Medicare.

Unfortunately, during the time most are considering a hospice program, they are in the midst of a health care crisis or have just received dire news. In other words, they are typically not in the best state of mind to research in-depth on the programs available to them. The good news is that hospice choices are growing, and now available in most communities throughout the country.

It is important to remember that, like nursing homes, hospices are sometimes run by large, for-profit corporations that may not always have the patients' best interests at heart. This is why doing research before choosing a facility is so important - not every hospice provides the same quality of care.

Advocacy groups like the American Hospice Foundation have been around for many years, collecting data on U.S. hospices during that time. Soon (within the next two to four years), it will release a tool to help consumers compare hospice programs using evaluations conducted by both primary caregivers and Medicare and Medicaid.

Knowing What to Ask


Before that becomes available, families need to do their own work, interviewing different hospice programs within their communities. During these interviews, caregivers often come to patient's homes and answer any questions they may have. How receptive they are to these questions and requests is the first indicator of how well a program is run.

Second, it is important to choose a program that has a solid foundation; avoid hospices that have only been around for a few months or even up to a year. The more established and stable a hospice is the better. You may be able to glean knowledge from friends, doctors or nurses who have heard about that program's reputation.

Third, ask about the staff's response times, whether they will be available in evenings and weekends, and how long the patient will need to wait in an urgent situation. Additionally, consumers should ask about the services the hospice provides. Although there is a set or standard services most are expected to give, the degrees and intensities of these vary.

For example, "continuous care," refers to the very last hours or days of someone's life, when 24/7 care is necessary. Ask the hospice if they will provide a caregiver at home during this time, if they will see the patient through to their death, and if the family will be supported. Another important service is inpatient facilities, in case complex health issues arise. Most hospices rent out units in hospitals or nursing homes to care for their patients who need additional services.

Continue reading "When and How to Choose Hospice Care" »

The Six Worst Nursing Home Facilities in California

March 26, 2014

There are about 1,300 long-term care nursing facilities in California, where over 300,000 residents are cared for. Unfortunately, most nursing homes are run by for-profit corporations, which aim to make money by caring for our nation's elderly. Nursing home negligence attorneys at Pintas & Mullins highlight the six worst offenders in the nursing home industry in California.

4083404157_4715434f19.jpg The six companies outlined in this article were featured in by an elder law advocacy group in California, Stop Elder Abuse (Stop EA). This coalition specializes in identifying and exposing the companies with extensive records or harming or neglecting patients. All six nursing home chains are private corporations that knowingly place profits over patients, leaving elderly residents at risk of systemic abuse and neglect.

The six worst nursing home offenders in California are:

1. North American Healthcare (NAHC)
2. Longwood Management
3. Golden LivingCenters (previously Beverly Enterprises)
4. Sava SeniorCare
5. Emeritus
6. Vitas Innovative Hospice Care

Many of these companies operate on a national level, with hundreds of facilities. It is not difficult to see how this type of business model, when applied to compassionate care, can lead to widespread abuse. We will explore each corporation in detail below.

North American HealthCare

This company operates 35 facilities in four states, however none of them use the NAHC name. The U.S. Department of Health and Human Services (HHS) investigated NAHC in 2010 for suspected fraudulent billing, among other allegations. The feds found that 64% of NAHC patients were billed to the highest category of Medicare and Medicaid, which is reserved for only the sickest, most specialized patients (the national average is 9%).

There has also been much contention within the company over employee organization. Arguably, nursing home employees are the most important, critical part of how well residents are cared for. If staff is underappreciated and overworked, they simply will not have the time or resources to properly care for residents. This leads to significant problems in nursing homes, such as sepsis from untreated bedsores, the spread of infections, and overmedicating residents. It is unsurprising to learn, then, that NAHC has been subject to several civil suits over elder abuse and neglect, one of which resulted in a $29 million award to the victim's family.

Longwood Management

Longwood operates over 30 facilities in California, extracting money from each arbitrarily, to pay shareholders. This leaves its facilities unable to address critical patient needs, placing residents in immediate harm.

Golden LivingCenters

This corporation owns over 300 facilities throughout the country, with 20 in California. The company has been federally investigated for making false claims to Medicare and Medicaid and subjecting residents to substandard services that caused great harm. Former employees have said the company is run on fear and intimation, and that they had to beg for new wheelchairs and mattresses.

Golden was recently hit with a class action lawsuit for its failure to disclose the true nature of its business. Plaintiffs claim that Golden did not provide sufficient nursing staff, deceived and misled vulnerable elderly residents into becoming residents.

Sava SeniorCare

Sava ranks among the nation's largest nursing home chains, with 26 facilities in California. It has also been subject to extensive litigation over negligent and abusive resident care. Sava is known for hiring staff that is untrained, unqualified, unlicensed, and ill-equipped to handle the careful care of senior citizens.

Emeritus

Emeritus is the country's largest for-profit assisted living operator, with more than 500 facilities. It is a publically traded company, so the bottom line drives everything. Staffing is always kept to a bare minimum, training is nearly nonexistent, and health and safety codes rarely followed. Unsurprisingly, Emeritus is constantly in the midst of lawsuits from victims of abuse and neglect, but since they rake in about $1 billion in revenue each year, they can afford the litigation. PBS Frontline recently aired a special on their poor practices and million-dollar lawsuit payouts.

Vitas Innovative

Vitas is an end-of-life hospice company, which enjoys about $1 billion in revenue every year. The company was sued by the federal government in 2013 for - what else - improperly billing Medicare and Medicaid. Providing hospice care is an immense and incredibly important responsibility. Knowing that hospice companies are motivated by finances rather than compassionate care is disheartening to say the least.

Vitas encourages staff to admit as many patients as possible, regardless of medical status. The consequences of this practice are far-reaching, but most acutely felt by the elderly residents themselves, who so rarely get the help they need.

Continue reading "The Six Worst Nursing Home Facilities in California" »

The Elderly in the ER

March 18, 2014

6336510146_e76da8e697.jpgOur team of nursing home negligence lawyers recently wrote on the alarmingly high rate of elder injury from medical care (one third of nursing home residents are injured by medical errors). Unfortunately, nursing home residents are often admitted to the emergency rooms, where the staff knows next-to-nothing about the person they are taking care of. Here we have outlined a few ways those in the industry are trying to fix this.

Dr. Pauline Chen recently wrote a blog for the New York Times on the subject, asking whether emergency rooms are at all safe for the elderly. In her piece, Dr. Chen recounts the story of an elderly man she once treated in the ER for a serious infection. The man lived alone, was overwhelmed by the information given to him in the ER, and none of the staff had been trained in coordinating the complex care elderly patients often require.

Finally, unsure how to proceed, an older nurse suggested they just admit the man to the hospital. It would cost more, and was likely unnecessary, but it was the only way they could ensure he received proper care. This case is far from uncommon, and the number of older Americans who need immediate or complex health care is expected to increase substantially over the next few decades.

Because our healthcare system is already short of primary care and geriatric caregivers, many elderly people will wind up in the ER for things like infections or falls. Emergency rooms themselves, however, are usually overwhelmed by patients and doctors and nurses are required to get through patients as quickly as possible.

With elderly patients, particularly those with dementia or other cognitive conditions, working quickly is not only dangerous but nearly impossible. Many nursing home residents suffer from numerous physical and cognitive ailments, take several different types of drugs (which are difficult to remember), and have trouble remembering other important details.

Medical experts recognize this danger and are taking measures to improve it. Among their calls for action, these specialists assert that medical centers need to update their facilities to meet the needs of elderly patients. More specifically, they recommend that hospitals:

• Hire or train staff on caring for older patients
• Screen for dementia
• Install non-slip flooring
• Train staff on social factors elderly patients may require, such as transportation
• Have walkers, canes and other medical equipment on-hand
• Assistance with prescriptions

Is Telemedicine the Answer?

Others suggest that nursing homes start using telemedicine systems, which would let residents see a doctor through video conference. If a resident gets sick or injured, outside physicians can use video chat to see and speak to them. In a recent study on these types of systems in nursing homes, facilities that regularly used the service sent fewer residents to the hospital. That study, published in Health Affairs, can be found here.

However, simply making this type of service available in nursing homes does not guarantee that staff will properly use it. There is widespread issues inherent in the American nursing home industry, most poignantly how overworked the understaffed these facilities truly are.

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One-in-Three Nursing Home Residents Injured During Treatment

March 4, 2014

senior-using-a-walker_l.jpgMedicare recently published a troubling study that found that one third of nursing home residents are injured during the course of their treatment through medical errors. Researchers also found that nearly 60% of these errors were preventable, and over half of injured residents had to be hospitalized. Nursing home abuse lawyers at Pintas & Mullins find these statistics disheartening, and offer analysis into the problem.

Among the medical errors described in the report include medication mistakes, new or spread infections, inadequate monitoring, and delay or failure to provide adequate care. Unfortunately, about 22% of patients suffered lasting harm from the errors, and 1.5% died even though they were expected to survive treatment.

The study centered on more than 650 patients who were treated in nursing homes about one month after being discharged from hospitals. About half of those patients had to be readmitted to the hospital after suffering substandard care in nursing homes, costing the healthcare system $208 million in just one month.

Most of the deaths resulted from excessive bleeding (from blood-thinning medications like Pradaxa, for which there is no mechanism to stop a bleed-out), kidney failure, fluid imbalances, and preventable blood clots. One patient specifically suffered a collapsed lung because nursing home staff failed to recognize the symptoms.

From their data researchers estimated that about 22,000 nursing home residents are injured each month from substandard nursing home care - and another 1,500 pass away. Federal researchers also noted that improvements are entirely possible, particularly calling on the Centers for Medicare and Medicaid Services (CMS) to aggressively promote patient safety in nursing homes.

What is Being Done to Fix It?

Similar strategies are already in place, however they focus almost exclusively on care in hospitals. CMS should also focus on instructing state inspectors to review and identify programs for reducing medical mistakes in nursing homes. State CMS agents inspect each nursing home that admits Medicare or Medicaid patients once a year (more so if the nursing home fails previous inspections).

Data from these inspections are made public, and ProPublica recently complied much of this information to create a Nursing Home Inspect database. All nursing homes in the U.S. are required to establish a Quality Assurance and Performance Improvement program.

It is important to note that the majority of medical errors in nursing homes are not caused by outright or malicious abuse or negligence. The majority of American nursing homes are run by for-profit companies, and, like any other private corporation, executives are primarily concerned with profits and pleasing investors. Unfortunately, this comes at a price, causing severely understaffed nursing homes.

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California Nursing Home Fined after Resident Suicide

December 5, 2013

2296138797_d77a1198c9.jpgInadequate care in American nursing homes is a widespread problem, with often dire consequences. One recent case in California highlights the issue of suicide in long term care settings, which fortunately is not a common problem, though the statistics are not decreasing. Nursing home negligence lawyers at Pintas & Mullins bring this case to light to discuss the taboo subject of suicide among the elderly.

According to Geriatric Medicine and Medical Direction, the prevalence of depression in nursing homes is between 12% and 50%, depending on varying definitions. Many who actually work in the industry, however, tend to estimate the rates much higher, due to the nature of long term care facilities themselves. Residents are generally inactive, suffer from wide ranges of cognitive and physical ailments, lack personal autonomy, and are constantly confronted with sickness and death.

The case we would like to discuss, Del Rosa Villa v. Kathleen Sebelius, centers on a suicide that occurred in 2009. In May of that year, the resident jumped in front of a car in a suicide attempt and broke his leg. He was brought to a local hospital, where he was voluntarily committed to a psychiatric ward. Hospital physicians noted that he had intermittent thoughts of suicide, that his actions were unpredictable, and he posed a risk to himself if discharged.

A few weeks later, he was discharged to the Del Rosa Villa nursing facility where a nurse recommended he be placed on 24-hour suicide watch. Physicians noted he was experiencing hallucinations and delusions, writing that he be on suicide watch at all times. In June 2009, the resident was prescribed Ativan, a sedative that can actually increase the risk of suicidal thoughts.

In fact, according to Ativan's labels, "older adults may be more sensitive to side effects, and the elderly may not experience relief of anxiety, it may have the opposite effect." Despite these clear warnings, his dosage was increased several times. Then, during a late night in mid-June, after another dosage increase, the resident walked outside through the laundry room, telling the nursing staff he was going to have a cigarette. Just before 1 a.m., he was found hanging on the parking lot fence by his belt, and died soon after.

Medicare and Medicaid investigated and fined Del Rosa $10,000 for failing to supervise the high-risk resident. Del Rosa appealed, however the appeals court confirmed that it was reasonably foreseeable that the resident would harm himself if he was allowed to leave the facility unattended.

Advice for Families

Unfortunately, suicide rates are high among the elderly. If any dangerous thoughts are expressed or suspected, it is critical that nursing home staff create an emergency care plan for that resident and strictly adhere to that plan. This can include anything from 15-minute checks to more frequent physician sessions (physicians must always be informed of resident's depression assessments). If a care plan is explicitly established, and the nursing home staff fails to adequately follow it, any harm inflicted upon the resident can be grounds for a lawsuit.

The following are items that are most cited as reason for liability in suicide lawsuits against nursing homes:

1. The facility failed to adequately asses resident's mental health upon admission
2. Staff failed to advise the resident's physician of any changes in their mental health
3. Staff failed to monitor a resident prescribed to anti-depressants or psychotropic medications

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The Choice Between Hiring a Home-Care Aide and Placing your Loved one in a Nursing Home

November 21, 2013

Thumbnail image for helping-grandmother-walk_l.jpgAs the baby boomers age, more and more families have to face the difficult but necessary decision of how to care for their elderly loved ones. Home health care aides are the fastest growing occupation in the country, estimated to increase by 70% by 2020, according to data by the U.S. Department of Labor. Elder abuse lawyers at Pintas & Mullins understand how trying this time can be for the whole family, and offer a brief outline of the benefits and disadvantages of each side.

Personal care aides, often referred to as PCAs, receive no benefits or regular hours, and often make less than $10 an hour. So why is it the nation's fastest-growing occupation? The younger generation can see that the population is aging, and many of them, lacking in education or socioeconomic ability, recognize this as an opportunity. Additionally, Medicaid and other governmental agencies are asserting efforts to keep senior citizens out of nursing homes as much as possible.

Caregivers provide an array of services to allow the disabled and elderly to remain in their homes. This can include anything from daily chores and feeding to companionship and emotional comfort. They can either be self-employed, as independent contractors, or employed through a home-care company. An estimated 90% of PCAs are women, and many earn so little that they have to rely on some type of government assistance, such as food stamps or social services.

Citing an article by Bloomberg, about half of PCAs in Vermont are paid by Medicaid, the federal program for the disabled and poor. The other half are paid via Medicare, private funds, or other health insurance programs. PCAs, whether independently contracted or employed through a healthcare agency, do pose their own risks to the elderly and disabled. Like any other service dependent on the goodwill of others, there is potential for significant abuse of power. When that abuse is against an elderly person, the results can be devastating.

In-Home Care vs. Skilled Nursing Facility

Nursing homes provide in-home assistance as well as chains of skilled nursing facilities. When large, for-profit corporations are responsible for thousands of nursing home residents in hundreds of different nursing homes throughout the country, the potential for wide-spread patient neglect is ominous. At nursing homes run by large chains, corporate executives are making the decisions for on-the-ground needs, which they are not attuned to or even, in most cases aware of.

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$48 Million Settlement in Nursing Home Fraud Whistleblower Case

November 20, 2013

Thumbnail image for 4083390539_c89107bf37.jpgMost nursing homes throughout the U.S. accept residents who use Medicare and Medicaid as their health insurance provider. These programs enable nursing home administrators to bill the federal government for therapy sessions, medications and other required health care services so they can be reimbursed. Unfortunately, this system is often abused by nursing homes lacking in funding or merely seeking an increase in profits.

A nursing home in Mission Viejo was recently busted for fraudulently billing Medicare for therapy sessions at its facility that either never took place or were medically unnecessary. The federal government takes these cases very seriously, and prosecuted the nursing home for its fraud, resulting in a $48 million settlement. The operator, Ensign Group, owns nursing homes along the West Coast and as far East as Iowa, as well as providing in-home care to seniors.

Between 1999 and 2011, Ensign systematically inflated the prices of its services when billing Medicare, even submitting claims for therapy sessions that were never provided. This occurred at at least six facilities, which billed for unnecessary speech, occupational, and physical therapy services, and even incentivized employees to increase the amount of sessions regardless of patient need. The six facilities are: Victoria Care Center in Ventura, Southland in Norwalk, Sea Cliff Healthcare Center in Huntington Beach, Orchard Post Acture Care in Whittier, Panorama Gardens in Panorama City, and Atlantic Memorial Healthcare Center in Long Beach.

What to do if You Suspect Fraud

This lawsuit was triggered by two whistleblowers, former employees of Ensign, who filed a complaint with the U.S. attorney's office about the fraud. Medicare and Medicaid payments to nursing homes are meant to provide residents with a safe and sanitary living environment, medical care, daily assistance, and nutritious meals. If a nursing home bills for any of these services but does not adequately provide them, fraud is being committed.

Under qui tam law, employees who suspect fraud are able to file claims with the federal government, which will then launch a thorough investigation. If there is indeed fraud being committed, a lawsuit will ensue and the whistleblowers are entitled to receive a portion of the verdict or settlement (often between 15 and 30%). It is not yet clear how much the Ensign employees will receive, although it will be anywhere between $7.2 and $14.4 million.

Fraud can be committed in a variety of situations, such as billing Medicare for a brand-name drug when really a generic is administered, or using cheap medical equipment while billing for more expensive devices. Certain signs can indicate fraud is being committed in a nursing home even if you do not know for sure. These signs include residents that are dehydrated or malnourished, unsanitary living conditions, broken-down medical equipment, and insufficient heat or air conditioning. It is important for nursing home employees and families of residents to know and be able to recognize signs of fraud, as it often leads to dangerous neglect and abuse of residents.

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No Mississippi Nursing Home without Violations Since 2010

October 21, 2013

4084164680_86390884b2.jpgNursing home negligence lawyers at Pintas & Mullins report that, of Mississippi's 205 nursing homes, not one has had a clean safety record in the past three years. Since 2010, nursing homes in that state have amassed over 4,500 violations from the U.S. Centers for Medicare and Medicaid Services.

It should be noted that these numbers reflect facilities that accept Medicare and Medicaid, however, not all nursing homes do. Facilities that are not certified to accept federal assistance programs are typically very small, private homes. Mississippi's long-term-care ombudsman, a post in the Department of Human Services, stated that the state's systemic failure is the result of low wages and inadequate training among nursing home personnel.

She further stated that many employees of Mississippi nursing homes make minimum wage, with no benefits, and could often make more at local casinos. Certified nursing assistants, for example, make an average of $24,600 a year in Mississippi, which is more than a fast food cook but less than a blackjack dealer at a casino.

Nursing homes that accept Medicare and Medicaid are subject to inspections at least once per year, along with unannounced inspections if there are any complaints filed. Facilities are also required to promptly report all incidents, no matter how seemingly trivial, to authorities. Certified nursing assistants must undergo and pass a 100-hour training course to be employed.

Overall, Mississippi nursing homes average about eight violations per nursing home. In the most recent Nursing Home Report Card, issued by the advocacy group Families for Better Care, the state earned a "D." Troublingly, perhaps due to the large volume of nursing homes around the Chicago area, Illinois received an "F" in the same report.

The systemic pattern of health and safety violations can have dire, often gruesome consequences for the state's elderly. In November 2010, an employee at Highland Home in Ridgeland, Mississippi found a resident hanging from her wheelchair's lap belt by the neck. The patient had low muscle tone and poor cognitive skills, and the belt's manufacturer specifically warned against its use in patients with these ailments.

The resident survived that incident, after which the facility switched her to a crotch restraint, despite manufacturer's recommendations that it be used only for patients with adequate posture. On New Year's Eve 2010, the same resident was found hanging from her wheelchair from the crotch restraint; the staff made no changes to her care plan and continued using the restraint, without regular monitoring.

At least three other residents at Highland Home suffered similar incidents, suggesting a pattern of inadequate monitoring and negligent care plans. Other serious problems noted at Highland are common among other nursing homes throughout the country: staff dropping residents while moving them, failing to follow physician's orders, unnecessary sedation, isolation and theft. Highland racked up $635,000 in 2011, the highest of any facility in Mississippi.

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