DO YOU SUSPECT ABUSE OR NEGLECT? Contact Us for a Free Consultation

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Researchers analyzing 82 different studies on nursing home care found that nursing homes that are run as not-for-profit businesses offer better care than their for-profit counterparts. In the United States, less that one-third of all nursing homes are non-profit.

The 82 studies were from both the U.S. and Canada, and were completed between 1965 and 1983. Of the studies, 40 showed that non-profit nursing homes provided much better care than for-profits, while only three of the studies found that for-profit nursing homes provided better care. The remainder had mixed findings.

Importantly, the study suggested that non-profit nursing facilities did better in four important quality measures: higher quality staffing, lower rates of pressure ulcers and bed sores, less use of physical restraints, and fewer deficiencies cited by government regulators. Staffing issues, bed sores, and government investigations represent by far the basis for most of the nursing home abuse and neglect litigation in this law firm.

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SANTA BARBARA – Sheriffs have arrested a 35-year-old man in the alleged rape of a 36-year-old developmentally disabled woman. Christopher Coates was arrested last Wednesday and is being held on $100,000 bail.

According to new accounts, Coates was a caregiver at a residential care facility in Santa Barbara County (the name has not been released) in June when police received information from an employee, who told police that the victim had complained of being sexually assaulted. An investigation led to the arrest of Coates, who lives in Goleta, and who was no longer employed at the facility at the time of his arrest.

Under California law, the facility could be held responsible for the sexual assault upon the disable adult. California’s Elder Abuse Act applies equally to “dependent adults,” who are defined as individuals between the ages of 18 and 64, and who reside in a custodial care facility.

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Unlike nursing homes, residential care facilities or assisted living facilities are not subject to the same regulation and government oversight. One can’t simply log on to the myriad of nursing home evaluation websites to look at the latest inspection reports or complaint investigation. So how do you adequately evaluate a residential care facility before moving in?

The California Advocates for Nursing Home Reform provide many excellent resources for individuals and families making the tough choices about custodial care, including an evaluation checklist for those considering residential care:

Review Complaint and Inspection Information: The local office of the California Department of Social Services will have information about the latest government inspection and complaint investigations. Unlike skilled nursing facilities, residential care facilities are only inspected every five years so the information may not be fresh. Pay particular attention to any violations of resident’s rights or abuse allegations.

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The Orange County nursing home Tustin Care Center has received a citation and a fine of $50,000 by the California Department of Public Health after a resident choked to death during lunch. A state investigation concluded that the nursing home’s failure to adequately assess the patient’s growing inability to eat as the cause of death.

According to the state report, the elderly man had been growing weaker over time, but that the nursing facility allowed him to continue to eat regular meals. In March, while eating lunch with his wife, who was also a resident at the Tustin facility, when he had difficulty breathing. As the patient struggled to breath, an attendant was called over, who tried to clear the airway.

The man died at a local hospital later that same day, and an examination found that food was completely blocking his airway.

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As California starts to overhaul the regulation of its 350,000 registered nurses, one of the nursing board’s most promoted and trouble programs is under the microscope. The nursing drug diversion program, which seeks to help nurses maintain their licenses while they kick addiction to drugs, has apparently not been the success the nursing board would like the public to believe.

An investigation by the Los Angeles Times and ProPublica discovered several examples of nurses in the drug diversion program who practiced nursing while intoxicated, stole drugs from bedridden patients, and committed fraud to prevent from being caught.

Most troubling is that since the program was started in 1985, more than half the nurses who entered the program were unable to finish it and numerous nurses who failed the program were deemed to be “public safety threats.” Yet despite the identification of incorrigible nurses, several continued to work after the findings were made.

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The great recession hasn’t impacted everyone negatively. While the salaries and compensation for nurses has remained stagnant, the salaries for nursing home administrators have climbed to its highest rate in four years.

According to a study by the Nursing Home Salary and Benefits Report from Hospital & Healthcare Compensation Service, the average salary of a nursing home administrator rose by an average of 4.8% in 2009. The national average now hovers around $89,000 for administrators of nursing homes of all sizes, including not-for-profit facilities.

The study took samples from more than 10,000 nursing homes across the United States.

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The California State Assembly voted overwhelmingly to approve Assembly Bill 392, which would immediately restore $1.6 million to Long-Term Care Ombudsman programs throughout the state. Much of the funding to the programs was cut last year when Gov. Schwarzenegger vetoed the Ombudsman funding request.

In June 2009, a nursing home owner was arrested on allegations of criminal abuse and neglect, when a resident of his facility was so severely neglect that pressure sores went untreated and led to a fatal infection. Numerous nursing homes throughout the state have received citations for failing to provide adequate care of residents. Without an Ombudsman program, it is difficult to monitor the care the residents of these facilities.

“We need to take every step we can to protect seniors who may be at serious risk of abuse or exploitation,” said Assembly member Mike Feuer (D-Los Angeles), who authored the bill. “The funds provided to Ombudsman programs in AB 392 fill this important need during the next year. Isolated and vulnerable residents of nursing homes and assisted living facilities have nowhere else to turn, and their lives depend upon these programs being restored immediately.”

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Elder abuse cases are rarely reported, and even more rarely prosecuted. “Elder abuse cases, for whatever inappropriate reason, are not considered as severe,” said Riverside County District Attorney Rod Pacheco.

The reasons for the low reporting and prosecuting are varied. There is the embarrassment of being a victim, and in many cases – up to two-thirds – the elderly victim knows the abuser. But there is also the problem of ageism; the failure to take the matter seriously because the victim is elderly.

And it’s not just the public that needs educating about elder abuse and neglect, but law enforcement as well. Riverside County has a special team dedicated to elder abuse cases, and it sees the ageism first hand. “They’re old. They didn’t have to live anyway,” are the types of excuses heard by Tristan Svare, a San Bernardino deputy district attorney.

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After a L.A.Times and ProPublica investigtion found that violent or negligent nurses were allowed to stay on the job for years because of slow responses from the California Board of Nursing, Gov. Arnold Schwarzenegger fired three of the seven appointees to the board. The Governor also named six new members to the nine-member panel, which oversees the work of approximately 350,000 registered nurses in California.

Schwarzenegger was forceful in his response to the report: “It is absolutely unacceptable that it takes years to investigate such outrageous allegations of misconduct against licensed health professionals whom the public rely on for their health and well-being.”

The report from the LA Times (which was blogged about here) discovered nurses who continued to work years despite documented histories of incompetence, violence, criminal convictions and drug theft or abuse.

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It’s been almost six months since Nursing Home Compare was launched, and all of the nations 15,600 nursing homes were listed and rated by the U.S. government. The reviews are in, and it’s no blockbuster, but it isn’t a flop.

For consumers, it’s been mostly a good thing. It is the most complete nursing home rating website, which provides information about nursing staffing, state inspections, allegations of neglect. But some consumer groups want more details included about inspection results, and how staffing hours is calculated. Just counting workers, they say, is no indicator of the quality of care.

The nursing home industry, which tried to delay the website’s rollout, says the grading system used by the site is misleading. Just because an allegation of neglect or abuse is made, it doesn’t mean it has been substantiated.

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