Oakbrook Health and Rehabilitation Center nursing home in Summerville, S.C. is facing two wrongful death claims. One claims a resident died from neglect and reckless treatment and care.  The suit says the woman suffered harm and died as a consequence of the neglect for failing to supervise and monitor this woman’s vital signs and failed to document and notify physicians of changes in her condition.

In February of 2019, DHEC investigated complaints of residents receiving medication late and there were more than 2,000 pages of documents on late administration and late charting of resident medications.

The suit says Oakbrook Health and Rehabilitation Center failed to notify the nurse until about nine hours later and did not sent her to the hospital. EMS was finally called later that day and the woman was admitted for an accidental overdose along with another infection.

The woman was able to return to the nursing home and then a month later she fell in the bathroom because of poor supervision.

Health Leaders Media had a great article by RN Jennifer Thew on the need for more RN staffing at nursing homes.  A new analysis of payroll-based staffing data for U.S. nursing homes, uncovered large daily staffing fluctuations, low weekend staffing, and daily staffing levels that often fall well below the standards and reasonable expectations of the Centers for Medicare and Medicaid Services. In fact, the average weekend staffing time per resident day was just 17 minutes for registered nurses, nine minutes for licensed practical nurses, and 12 minutes for nurses’ aides.

The study, published in the July issue of Health Affairs, found that when compared to weekday staffing there was a large drop in weekend staffing in all staffing categories, based on CMS’ data resource, the Payroll-Based Journal which is provided by the nursing homes under penalty of perjury. To meet a requirement of the Affordable Care Act, CMS has been collecting data from nursing homes since 2016. PBJ data have been used in the federal Five-Star Quality Rating System for Nursing Homes since April 2018. Unlike previous nursing home staffing data that was self-reported by facilities and covered only a narrow window of time around a facility’s annual recertification survey, PBJ data are linked to daily payroll information for several staff categories and cover the entire year.

Additionally, using PBJ data from more than 15,000 nursing homes, researchers discovered that 54% of facilities met the expected level of staffing less than 20% of the time during the one-year study period. For RN staffing, 91% of facilities met the expected staffing level less than 60% of the time.

Staffing in the nursing home is one of the most tangible and important elements to ensure high quality care,” study co-author David Stevenson, PhD, a Health Policy professor at Vanderbilt University Medical Center says in a news release. “Anyone who has ever set foot in a nursing home knows how important it is to have sufficient staffing, something the research literature has affirmed again and again. As soon as these new data became available, researchers and journalists started investigating them, and the government now uses the PBJ data in its quality rating system.

“We found that the newer payroll data showed lower staffing levels than the previous self-reported data,” says co-author David Grabowski, PhD, professor of Health Care Policy at Harvard University. “The lower levels in the PBJ data likely reflect both the fact that they are based on payroll records as opposed to self-report, and also that staffing levels were abnormally high around the time of the inspection. In fact, the PBJ data clearly show this bump, followed by a return to normal after inspectors leave.”

Stevens says he hopes families and future nursing home residents become aware of and push back against these staffing practices.

“Hopefully, the general public will gain a broader awareness of the information that is available, not only on staffing but on other aspects of nursing home care,” Stevenson says. “The only way nursing homes will change their behavior is if there is value in doing so. Some of that can come through the pressure of regulators, but it also needs to come from incentives in the marketplace, notably from expectations of current and future residents and their families.”