Nursing Home News

Federal Government Attempts to Combat Underreporting of Nursing Home Abuse and Neglect in Maryland and Nationwide

November 14, 2018 | Lebowitz & Mzhen

As the average lifespan in America continues to increase, more and more families will need to rely on Maryland nursing homes to provide care for their aging loved ones. Indeed, nursing homes offer a necessary service; however, reports have recently come to light that nursing home abuse and neglect are rampant. Perhaps more alarming are the results of a recent government study indicating that of all the cases of nursing home abuse requiring hospitalization, 28% went unreported until the resident arrived at the hospital.

Instances of nursing home abuse and neglect are underreported for several reasons. One reason is that many residents are embarrassed to report what happened to them, or fear that they will be seen as troublesome by family members. Another reason is that the residents who are victims of abuse or neglect are often not in a condition to articulate what they are experiencing, and in some cases, residents have no one to report the abuse or neglect to.

According to a recent industry news source, the Centers for Medicare & Medicaid Services proposed a new regulation that would impose significant monetary fines upon employees of skilled nursing facilities who fail to report abuse, neglect, or other crimes within a certain period. Not only would the new regulation require an employee to report abuse or neglect that was witnessed, but it would also require an employee to report a “reasonable suspicion” that abuse or neglect was occurring. The idea behind the newly proposed regulation would be to encourage employees in these facilities to speak up on behalf of the residents who are the victims of abuse or neglect.

Maryland Announces $2.2 Million Settlement with Nursing Homes for Involuntarily Discharging Patients

November 7, 2018 | Lebowitz & Mzhen

This past month, the state of Maryland announced a settlement due to the involuntary discharge of nursing home residents in violation of Maryland’s Patient’s Bill of Rights.

Medicare Recipients’ Rights and Involuntary Patient Transfer and Discharge

Maryland’s Patient’s Bill of Rights protects the rights of individuals in nursing homes. Under the Bill of Rights, Medicare recipients are entitled to certain rights, including having access to doctors, specialists and hospitals, being treated with respect and free from discrimination, receiving health care services in a language the patient can understand, and appealing certain decisions about health care payment, coverage of services, and prescription drug coverage.

The Bill of Rights explicitly provides certain safeguards to nursing home residents who are involuntarily discharged. Discharged patients are at high risk for mortality, and discharge is meant to be an option of last resort for nursing homes. HG § 19-345.2 provides specific procedures for providers to follow before discharging or transferring a resident. Those procedures include having a post-discharge care plan, medical assessments, and written documents from the resident’s attending physician. Providers also are required to provide residents with at least a 3-day supply of medications.

Study Reveals Dangers of Unlicensed Care Facilities

August 31, 2018 | Lebowitz & Mzhen

Nursing home residents in Maryland and throughout the country have the right to live in a safe environment, free from abuse and neglect. Claims against nursing homes can range from physical mistreatment and sexual abuse, to neglect, financial exploitation, and psychological abuse. Cases of Maryland nursing home abuse or neglect may not be obvious, as a resident may have difficulty communicating and may not even be aware of the neglect or abuse.

It is important for families to remain vigilant to identify cases of abuse and neglect, by looking out for warning signs, including poor hygiene and unexplained injuries. Although licensed care facilities are required to follow certain laws and regulations under federal and state law, some individuals are being under-cared for in unregulated, unlicensed homes, increasing the risk of abuse and neglect to those individuals, as one study recently found.

Abusive Unlicensed Care Homes Pose Serious Risks

A year-long study raised concerns about serious risks at unlicensed care homes in the United States, finding that “egregious crimes” are being committed against residents, according to one news source. RTI International, an independent, non-profit research firm, conducted the study for the Office of Disability, Aging, and Long-Term Care Policy and the Office of the Assistant Secretary for Planning and Evaluation of the U.S. Department of Health and Human Services.

Prosecutors Ask Judge to Dismiss Case Against Neglectful Nurses

August 7, 2018 | Lebowitz & Mzhen

Abuse and neglect are serious problems in Maryland nursing homes, and in nursing homes across the country. Earlier this month, prosecutors who initially filed criminal charges against two nurses based on the allegedly negligent care they provided to residents asked the judge to dismiss the case. According to a local news report, despite the nurses’ claims that they had been taking care of a resident, video evidence showed that they did not step foot in her room for 17 hours. The video also showed that the nurses repeatedly left the elderly woman naked in her bed with the door wide open.Evidently, after the family discovered the nursing home neglect, they reported it to the authorities, and charges were initially filed. However, prosecutors recently asked the judge to dismiss the case in favor of allowing the state board of nursing to handle any disciplinary sanctions. The board would have the power to revoke the nurses’ licenses and place them on the registry of known abusers.

Although the prosecutors did not come right out and say it, what seems to be motivating their decision is the fact that in Iowa, where the abuse occurred, there is no statute allowing nursing home residents to install cameras to monitor staff. Thus, the prosecutors may be fearful that if they brought the case, the video would be inadmissible at trial, and this may create a bad precedent moving forward.

Holding a Maryland Nursing Home Responsible for Abuse or Neglect

June 28, 2018 | Lebowitz & Mzhen

Nursing homes are not necessarily known for their focus on patient safety. To the contrary, some Maryland nursing homes have lengthy records of fines and other citations for failing to comply with state requirements or, worse yet, instances of patient abuse or neglect. One may expect that it would be an easy task to find the allegations made against a nursing home prior to making the decision to place a loved on in their care; however, this is not necessarily the case.

Nursing homes take every effort to conceal allegations, especially those involving substantiated claims of neglect or abuse. One way nursing homes are able to do this is through settling such claims out of court with the stipulation that the other party will not discuss the terms of the negotiations or make the allegations public. However, nursing homes are not able to legally keep these records from state and federal agencies.

According to a news report, one North Carolina company that operates several nursing homes in the state was fined more than $567,000 over the past three years after hidden cameras revealed that staff members were abusing residents. The company owns 16 nursing homes, six of which were fined. The largest of the fines was over $234,000.

State’s Push for Stricter Reporting Requirements in Cases of Nursing Home Sexual Abuse

June 21, 2018 | Lebowitz & Mzhen

Despite the increase in attention that Maryland nursing home abuse and neglect have received over the past several years, instances of nursing home abuse continue to occur. Indeed, according to a local news report, one state’s lawmakers have begun a push for stricter reporting requirements for allegations of nursing home sexual abuse.

Evidently, lawmakers in Missouri have proposed House Bill 1635, which, if passed, would make reporting sexual abuse to law enforcement mandatory. Currently, state law only requires nursing homes to report the abuse to the state agencies involved in overseeing elder care.

The article discusses the tragic account of a 93-year-old nursing home resident, who was raped by a staff member and then died the following day. After the resident’s death, the nursing home reported the abuse to the state but not to the prosecuting authority. The family, believing the nursing home reported the incident to the police, did not report the abuse either.

State Attorneys General Call Nursing Home Reforms into Question and Call for a Reevaluation

June 7, 2018 | Lebowitz & Mzhen

Earlier last year, the current administration rolled back certain regulations that the Obama administration put into place regarding the issuance of Civil Money Penalties (CMPs) to nursing homes that were found to have provided inadequate care to residents. Essentially, the regulations allowed for the federal government to fine nursing homes that were not in compliance, including Maryland nursing homes.

Those in favor of the rollbacks claimed that the additional regulations took caregivers’ attention away from residents, requiring that they focus on meeting the regulatory framework set forth by the lawmakers. However, in reality, it seems as though the rollback of the previous regulations has merely allowed for nursing homes to act with impunity as it relates to the level of care they provide to residents.

According to a recent news article, 17 state attorneys general – including those in Washington, D.C. and Virginia – authored a letter to the Trump administration. The letter discusses the importance of senior care, noting that by 2060, the number of people dependent on skilled nursing facilities is expected to double. This means that one in three people will find themselves in a nursing home at some point in their life. Given the fact that about 35% of all nursing homes were cited for a violation of the quality of care being provided to residents, these figures are alarming to say the least.

Proposed Laws Would Increase Oversight of Maryland Nursing Homes

May 14, 2018 | Lebowitz & Mzhen

Nursing home residents are one of society’s most vulnerable populations. Often, residents have a reduced ability to advocate for themselves due to their health issues, and they may have little contact with the outside world. Thus, Maryland nursing home abuse and neglect is not often reported, and when it is reported, nursing home administration too often ignore the complaints. Even when nursing home administration reports a complaint, the Maryland government is often slow to respond.

The State of Maryland Nursing Homes

According to a recent government study, Maryland ranks seventh-worst in the nation for on-time investigation of nursing home complaints. Perhaps because of that fact, Maryland nursing homes are notorious for the level of care they provide. In fact, reports of Maryland nursing home abuse rose 25% between 2016 and 2017. And with about 15% of nursing home residents and their families saying they would not recommend the nursing home that houses their family member, it seems that some instances of abuse and neglect are going unreported or uninvestigated. However, two pending bills hope to improve Maryland’s response time to complaints of nursing home abuse and neglect.

A recent news report discusses two proposed bills. Under proposed Senate Bill 386, the Maryland Department of Health would have 10 days to respond to a report of nursing home abuse or neglect that resulted in actual patient harm. If the report indicates that there is an immediate threat to a resident, the Department must initiate an investigation within 24 hours and begin the investigation within 48 hours. The proposed bill would also add 10 full-time employees to the state’s Office of Health Care Quality.

Civil Lawsuits Versus Criminal Prosecutions in Nursing Home Abuse Cases

March 7, 2018 | Lebowitz & Mzhen

When a nursing home employee engages in abuse of a patient, two different types of lawsuits can follow. First, the local state government can opt to criminally prosecute the individual nursing home employee. If the employee is found guilty, they may face fines, probation, or even incarceration.

The other type of Maryland nursing home lawsuit is a civil case for damages. A civil lawsuit, also known as a personal injury lawsuit, is brought by the victim of the abuse or their family member, rather than by the local prosecuting authority. In addition, the focus of the case is not so much on the employee’s violation of the law, but instead on whether the employee violated a duty of care he owed to the nursing home resident. Importantly, even if a criminal lawsuit is not pursued, a nursing home resident or their family member may pursue a civil nursing home abuse lawsuit on their own.

If successful, a nursing home resident or their family may recover compensation for the injuries sustained by the abused resident. Depending on the circumstances surrounding the abuse, compensation may include amounts for past and future medical expenses, loss of enjoyment, decrease in quality of life, and any pain and suffering caused by the abuse. In some cases, punitive damages may also be appropriate.

A Follow-Up on the 12 Post-Irma Nursing Home Deaths

January 19, 2018 | Lebowitz & Mzhen

While Maryland nursing homes all have a duty to provide a safe place for residents, nursing home management routinely makes decisions that put residents at risk. Last year, in the wake of Hurricane Irma, 12 people died in a nursing home in Hollywood, Florida. According to reports at the time, the nursing home’s management had failed to secure a back-up power source in the days leading up to Hurricane Irma’s arrival. When Hurricane Irma came in as strong as expected and knocked out power in the area, the nursing home residents were left in 90-degree heat with no air conditioning.

In all, 12 nursing home residents died, most from dehydration or heat exhaustion. A subsequent investigation revealed that the temperature in the nursing home exceeded 99 degrees in some areas.

In the aftermath of the tragedy, the State of Florida moved to revoke the nursing home’s license. Of course, the nursing home is contesting the revocation of its license. As a part of the process, an attorney for the nursing home recently deposed a lieutenant with the Hollywood Fire Department. According to a recent article, the lieutenant’s answers to many of the questions – including whether she saw other nursing home residents who seemed to be suffering from the heat – were “I don’t recall.”