Maryland Nursing Home Lawyer Blog

In recent Maryland Nursing Home News, the state has received the results of the 2009 National Healthcare Quality Report, first ordered by Congress in 2003, to monitor the quality of healthcare, including nursing homes across the country.

The report is published by the U.S. Department of Health and Human Services’ Agency for Healthcare Research and Quality, and according to the study, the overall the quality of Maryland’s health care rates between weak and average.

According to the Ethan Moore, the Health Policy Director of the Health Facilities Association of Maryland, Maryland nursing homes reportedly provided “expert care” in the 2009 study, but the critical issue Moore expects to arise in Maryland’s future is providing the projected explosion of the 65-year and older adult residents with proper Maryland nursing home healthcare and safety in the next twenty years.

Moore stated that Maryland has neither the budget nor capacity to take care of this future increase of seniors in nursing homes—but hopes that the state can find a solution to provide residents with quality care nursing homes and communities that are free from nursing home abuse and neglect in the future.

Continue reading "Maryland Nursing Homes Rated in National Healthcare Quality Report" »

A recent report that our nursing home abuse and neglect attorneys have been following gives an expert recommended list of ten top considerations for choosing nursing home care.

• Discuss with the resident what their goals and expectations are proactively, before the resident goes into the home. Also discuss the diagnosis with health-care providers to determine what kind of care is needed: from a nursing facility, to community based-care, long-term care, or other possible institution options.

• Always start looking for an establishment that is close to family and friends, so visitation is easy and accessible.

• Search the Nursing Home Compare Website, which lists Medicare-and Medicaid certified facilities with Five-Star ratings that compare national quality standards on short-term as well as long-term care.

• Always meet with the administrator, to discuss care planning, safety systems, wander alerts, specialized services, policies and the cost. Also ask about policies on physical and chemical restraints, as well as the nursing facilities’ history of bedsores or decubitus ulcers.

• Visit the home at least twice to check the level of care—both at busy times, as well as times when the staff is less busy. Try to witness the level of care during mealtimes, as well as early evenings, or just before a staff shift change.

Continue reading "Top Ten Important Considerations for Choosing a Nursing Home" »

In a related post from last week, our Maryland Nursing Home Injury Lawyers discussed the importance of researching the up to date results on recent inspections when choosing a nursing home in the state of Maryland, especially with regard to complaints and deficiencies in homes that can lead to nursing home negligence, abuse or personal injury.

The American Association of Retired Persons (AARP) stresses the importance of having nursing home performance data available for consumers, and how important it is to rate facilities based on recent inspections. Many states electronically post “report cards” of various types for consumers to access.

The Maryland Health Care Commission’s Maryland Nursing Home Guide is a rating resource that covers specific information on facilities such as quality measures, deficiencies, recent state inspections, and bed counts, as well as family satisfaction surveys. The guide offers a look at more than 200 nursing facilities and 34 Continuing Care Retirement Communities (CCRCs). This service allows visitors to compare and contrast information on each facility, review quality measures, inspections results, and quality indicators.

The Nursing Home Compare website ranks around 16,000 Medicare and Medicaid-certified national nursing homes on a Five-Star Quality rating system that compares the quality standards on short-term as well as long-term care. The U.S. Nursing Home Information & Registry from Member of the Family.net also reports on 16,000 homes by the state, for survey ratings, complaint information and reports of repeat violations.

Continue reading "Inspection Reports in Nursing Homes—Preventing Personal Injury" »

In a previous post from this week, our Maryland Nursing Home Attorneys reported on basic planning tips for families searching for the right nursing home environment that promotes proper care, protects the health and safety of the resident, and is free from nursing home neglect and abuse.

One recommendation was for families to search Nursing Home Compare, the database from the from the U.S. Department of Health & Human Services’ Centers for Medicare and Medicare Services (CMS), that ranks around 16,000 Medicare and Medicaid-certified nursing homes in the country on a Five-Star Quality Rating.

The Five-Star Quality Rating was developed to help residents, families, and caregivers compare nursing facilities by giving them a snapshot of the current status of health inspections, staffing for each nursing home, and quality measures. This rating system developed as a direct result of the continued efforts made since the nursing home reform law enacted in 1987, the Omnibus Reconciliation Act (OBRA ’87).

The Nursing Home Compare Website uses this quality rating system to give each nursing home a score ranging from one to five stars. One star gives a much below average quality ranking, whereas a five star rating gives a much above average quality ranking.

Continue reading "Rating Nursing Homes—The Five-Star Quality Rating System" »

Our nursing home attorneys have been following a recent report covering the importance of choosing a nursing home in the Maryland and the Washington D.C. area. Choosing a nursing home should be a carefully thought out process, carried out by family members who have a clear sense of the patient’s wishes. Unfortunately, families often have a limited amount of time in which to make this decision, often 48 hours or less—when a family member is about to be discharged from the hospital, and is on the path to needing nursing home care.

The report recommends basic planning tips from experts, so that families on deadline can make the right choice and find the right nursing home environment that provides proper care, promotes resident rights, and is free from nursing home neglect and abuse.

Sarah Wells, the executive director of The National Consumer Voice for Quality Long-Term Care (NCCNHR), a Washington-based nonprofit organization that represents consumers looking for long-term care, stressed the importance of discussing nursing home care expectations—if a family member becomes unable to care for themselves at any state or age of life—so there is a clear understanding of the resident’s preferences and priorities. Wells suggested talking about the most important issues of the nursing home care experience, like meals, music, proximity to family members, and visitor accessibility.

Because many important long-term care nursing home decisions are made in a matter of days and not weeks, many decisions become chaotic and hasty. Families are encouraged to use resources like the federal government’s Nursing Home Compare Website and state nursing-home ombudsmen for advice and data. Wells recommends that families should try and visit a nursing facility at lease twice, and compare the ratings and reports to what they actually experience.

Continue reading "Home vs. Hospital—Basic Planning to Choose the Right Nursing Home Care" »

Our attorneys at Lebowitz and Mzhen, LLC, have recently read a study on nursing home residents with advanced dementia, published in the October 15, 2009, issue of The New England Journal of Medicine. According to the report, dementia is not just a disease of the mind, it is a physical illness as well—a leading cause of death in this country, and should be recognized as a terminal illness that requires high quality palliative care.

The report, led by Dr. Susan L. Mitchell from the Hebrew Senior Life Institute for Aging Research in Boston, studied 323 nursing home residents with advanced dementia and their families, in 22 different homes over a period of 18 months. The goal was to better understand the clinical complications of dementia and the families’ comprehension of the dementia prognosis, in order to make the right decisions in patient placement—reducing pain, suffering and nursing home injury and neglect in the final stages of life.

Patients with advanced dementia experience severe memory loss, have difficulty speaking, are restricted to the bed, and are totally dependent on others for care. The report argues that because dementia is consistently not recognized as a terminal illness, patients with advanced dementia are not being diagnosed as high risk for death, and are receiving poor palliative or nursing home care.

Mitchell argues that families need to clearly understand the prognosis of advanced dementia as a terminal illness, and the complications to expect, so patients can receive proper advanced care—like access to a high quality hospice, or improved skilled nursing home services. The goal, states the report, is to avoid patient suffering and pain, as well as nursing home negligence, due to lack of skilled nursing home services and supervision.

Continue reading "Advanced Dementia and Nursing Home Error" »