Here is an article about a tragic case where a nursing home failed to supervise residents who ended up walking away from the facility and was killed in a car accident.  For the second time in six weeks, a resident of the Dover Woods health care facility has been struck and killed by a car. 

Township officials expressed frustration at their inability to come to an agreement over safety measures for the facility’s residents with its owners, the Erez Health Care Realty Company LLC of Lakewood.

A meeting had been scheduled for mid-January, but it was canceled it because the company wanted its corporate defense lawyer to appear. No new date has been scheduled.   The facility doers not seem concerned that two of their residents have died as a result of their failure to properly supervise their residents as they are required and paid to do.

In December, police were called to Dover Woods for more than 37 incidents ranging from residents wandering along the highways picking up cigarette butts to the harassment of customers at a nearby shopping center.   The Police Department has responded to the facility 27 times this year.

Tennessee nursing homes are seeking unprecedented legal protection from residents who are abused or neglected.   Politicians influenced by nursing home lobbyist campaign donations introduced a bill that would severely restrict the rights of nursing home victims to seek justice no matter how bad the injury they suffer and no matter how bad the conduct of the home.

NHC, which reported more than $500 million in annual gross profits in 2006 and whose CEO Robert G. Adams makes more than $1.3 million a year, pushed for the legislation.   The legislation would ensure that:

Residents would have little to no recourse against nursing homes no matter how bad the conduct of a home.

Nursing homes can demand that residents sign arbitration agreements waiving their constitutional right to a jury trial in order to get medical care, making nursing home residents the least protected class in the state.

“This proposed legislation is a slap in the face to some of Tennessee’s most vulnerable citizens – the residents of nursing homes and their families,” said Karla C. Hewitt, president of Tennessee Citizen Action, a grassroots consumer protection organization.  “Nursing home residents are suffering. Inspectors have found residents with maggots in their wounds and broken bones that aren’t treated,” Hewitt continued. “And now this billion dollar industry wants to take away the rights of individual residents to sue? This shows how low the nursing homes will go to protect their shareholders’ profits.”

Though the multi-billion dollar nursing home industry complains of an epidemic of frivolous litigation, in fact only four verdicts were awarded against Tennessee nursing homes from 2005-2007.   During that same period, nursing home admission suspensions tripled. In 2007, 22 nursing homes had their admissions suspended for putting their residents in “immediate jeopardy.” According to records at the Tennessee Department of Health, the 152 immediate jeopardy violations in those homes include reports of patients suffering the following:

Risk of injury or death by fire
Maggots in wound
Broken bones unattended for days
Drastic weight loss due to improper nutrition/oversight
Impacted bowels caused by inattention/oversight
Extreme pain with no relief
Fear of staff

In addition to these violations, a worker at a home in Madison was arrested in May 2007 for raping a 70-year-old resident.

The State of Tennessee allocates 99% of funding from the Centers for Medicare & Medicaid Services – more than $1 billion a year – to nursing homes and only 1% to home and community-based care.  

About Tennessee Citizen Action (TNCA)

TNCA is Tennessee’s consumer watchdog organization working on behalf of a number of consumer protection issues, including patients’ rights; nursing home reform; quality health care; increased home- and community-based options with more consumer control; title lending; aftermath of sub-prime lending crisis; workplace health and safety; and voter education, registration, GOTV, problems with electronic voting and lack of a paper trail. TNCA is a grassroots citizen group based in Nashville seeking to build a unified movement for reform in Tennessee. TNCA works to create long-term political change by building diverse coalitions around our major issues. The organization actively works in coalition with a range of health care, environmental, government reform, and labor organizations. For more information, visit:

Tennessee Citizen Action
Shelby White, 615-327-7999

The Kansas City Star has an article about a study from the National Senior Citizens Law Center discussing clauses in nursing home agreements that violate the law.  Some admission agreements skirt state and federal laws, misleading consumers about the care they can expect and inducing them to sign away critical consumer protections.  Advocates for the elderly said the study raised serious questions about how some nursing homes operate.

The National Senior Citizens Law Center, a Washington-based nonprofit legal advocacy group for seniors and elder-care lawyers, reviewed 175 admission agreements voluntarily provided by nursing homes. The study found agreements which improperly limited a nursing home’s obligations. Others allowed discharges for vague reasons, or stuck relatives with bills they legally didn’t owe.

Toby S. Edelman, a spokesman for the Center for Medicare Advocacy in Washington, said similar studies in other states also show “ongoing concerns” with nursing home agreements.

The Missouri study found that nursing homes protect themselves by persuading seniors to waive their right to a jury trial. In 18 percent of the agreements, seniors were required to submit a dispute to arbitration, rather than sue in court.   Trial lawyers contend they have successfully fought the provisions in court as unconstitutional and unenforceable in health-care cases.

The study contends the agreements also thwart federal law by inserting provisions making it easier to evict residents. Federal law sets out six conditions that justify evicting a resident.

Carlson, the study’s author, said that under the federal reform law nursing homes cannot require a relative or a friend to become financially liable for nursing home expenses. Yet, the study found that 19 percent of the admission agreements required a financial guarantee “in direct violation” of federal law.   Such “co-guarantor clauses” are becoming more common. has a good article about the difficulty the government has in evaluating funding levels for Medicaid.  The article insists that an expansive view of nursing homes industry is needed to determine funding needs.

The Bush Administration’s FY 2009 budget will include no Medicare funding update to help care for the growing number of seniors who need high acuity nursing home care.  The Alliance for Quality Nursing Home Care will work to demonstrate that Medicare funding decisions can be accurately determined only by taking a more expansive, complete view of the industry’s operating environment. 

This White House has often cited the work of the Medicare Payment Advisory Commission (MedPAC).   Alan G. Rosenbloom, President of the Alliance, stated, "On behalf of nursing home patients and the hundreds of thousands of caregivers who serve them, we are disappointed that again, MedPAC’s flawed funding policy guidance is being adopted, and superseding the economic realities experienced by providers in the long term care marketplace.  By failing to consider the substantial Medicaid payment shortfalls to nursing homes in formulating its recommendations, MedPAC provides the Administration, Congress and the public a flawed basis upon which to assess the funding landscape, and to ultimately determine the best policy." 

Medicare funding is important when states are cutting Mediciad to balance their budgets. 

SOURCE The Alliance for Quality Nursing Home Care

So its time for another one of my little rants.  There’s money to be made in the nursing home business, just like there’s money to be made in the assisted living business.  However, do you suppose the people actually doing the work are making the money?  If you said "no", you’re right. 

I ran across an article about Atria Senior Living, which is owned by a investment fund affiliated with Lazard, a large Wall Street firm.   Reportedly, the CEO of Lazard earned nearly $23 million in 2006 and is worth more than $2 billion.   Want to know how much the employees on the floor at Atria make?  Try $8 – $10 an hour. 

The employees of several Atria facilities decided to join together to unionize, but Atria and Lazard apparently began threatening and intimidating the workers not to unite.   There are so many victims here – residents that probably don’t get the quality of care they deserve, due to short staffing, or high turnover which leads to inconsistent care; and of course employees who are out there hands on caring for elderly residents and receiving "peanuts" in return.

What’s wrong with this picture?  When do we say 1) the elderly (our mothers, fathers, grandparents) are more important than million dollar salaries and 2) the people that choose to be their caregivers should be adequately compensated for it.

I’m not saying that CEO’s don’t work.  I was raised by one, and he still works hard every day.  I am saying that people deserve to be compensated for caring for our family members.  I am saying that nursing homes and assisted living facilities cost thousands a month to reside there.  A great deal of what you’re paying for is someone to care for you.  Those caregivers should be compensated accordingly.

For more information, visit

Texas Attorney General Greg Abbott has filed a lawsuit against a Fort Worth assisted living center, claiming its manager threatened residents with a hammer, withheld food and locked some of them out of the building at night.  See full article here.

Abbott says the alleged abuse took place at the Oasis Village assisted living facility, located in Fort Worth’s Polytechnic neighborhood. A district judge issued a temporary injunction against the owner of the facility, God’s Intercessory Prayer Warriors Ministries, Inc., and its manager, Bertha McCoy.

According to state inspectors from the Department of Aging and Disability Services, at least five residents at the facility have complained that McCoy abused them. Some residents said she took the mattresses from their beds and forced them to sleep on metal bed frames, as punishment for soiling their sheets. They also said she locked them out of the building overnight. State inspectors also found evidence that McCoy hit several residents and threatened some with a hammer.

Inspectors reportedly found a hammer in McCoy’s office during a recent visit.

The state has filed suit against Oasis Village with the facility facing a punishment of up to $10,000 per penalty.   All of the residents at the facility have been relocated.

Des Moines Register has a great article on Senator Grassley’s comments and complaints about how states investigate nursing home abuse and neglect.  He is calling for a federal investigation into the way states respond to complaints of poor nursing home care.

"I have an obligation to protect Iowans, and all Americans, from substandard nursing care," the Republican senator from Iowa said in a letter Thursday.  Grassley criticized Iowa’s nursing home inspectors for failing to thoroughly investigate a complaint involving Waterloo’s Ravenwood Nursing and Rehabilitation Center.

In August 2006, Maizie Bickley was an 89-year-old resident at Ravenwood. Nurse aide Connie Rust called Bickley’s daughter, Sandra Bickley, one night to report concerns that Maizie Bickley was very ill and wasn’t being properly evaluated or treated by the nurses.  Within hours of Maizie Bickley’s arrival at the hospital, she was diagnosed with a bowel obstruction, an infection and dehydration.

The facility fired Rust, the aide that told the family the truth citing a company policy that prohibits conduct "that results in serious negative public relations." I guess being caught providing substandard care is considered bad for "public relations" but it is worse for the neglected resident!

Sandra Bickley was furious, particularly when the Iowa Department of Inspections and Appeals looked into Ravenwood’s care for her mother and found no problems. She complained to Iowa Citizens’ Aide Ombudsman William Angrick and to Grassley. 

Dean Lerner, who heads the state inspections department, asked the federal Centers for Medicaid and Medicare Services to do its own review of his agency’s work on the case.  That federal review concluded that state inspectors didn’t conduct a thorough investigation of the Bickley case and didn’t interview nurses, ambulance workers or the hospital’s emergency room staff.

Grassley is asking the GAO to examine the nation’s state-run nursing home inspection agencies and the manner in which they respond to complaints. He is also asking the Centers for Medicaid and Medicare Services to give him four years’ worth of investigative reports dealing with state inspections. He wants to know whether the Bickley case is an indicator of a widespread problem.

Although certified nurse aides have relatively little training compared with registered nurses, it’s the aides who provide most of the hands-on care in nursing homes. But they typically are prohibited from sharing concerns about quality of care with residents’ family members.

"But the problems with nursing homes are widespread," she said. "We’re basically just warehousing our senior citizens in this country. Too many homes are owned by corporations, and for them the bottom line is profit."

Jay Cameron whose mother died in a California nursing home filed a lawsuit against the facility saying it caused his mother’s death by reducing staff to save money. 

Cameron alleges the home committed elder abuse, fraud, wrongful death, negligence and violated patient rights. He is asking for an undetermined amount of money and reimbursement for attorneys’ fees. 

Cameron’s mother, Margaret Williams, was a resident at Mission View before being transferred to French Hospital Medical Center where she died.  Williams fell three times at the facility, suffered a hip fracture and developed pneumoniacausing her death.

Compass Health and administrators at Mission View are trying to increase profits by reducing staff and employing people who were not properly trained or qualified, leading to Williams’ death.

Attorneys for Cameron, Greg Coates and Michael Thamer, argue that the nursing facility took short cuts in care that resulted in unsanitary and hazardous living conditions and left residents unsuper vised. They also said there was an increase in accidents and injuries suffered by residents and nursing staff and other signs of inadequate care.

State records for 2006-07 show the state Department of Public Health issued three citations against the home in 2006 for patient care and fined the facility $2,800, spokeswoman Lea Brooks said.   In April 2007, during a recertification survey, state investigators found deficiencies at the home, Brooks said.

Here is an article about a nursing home in Arizona losing its Medicare and Medicaid funding because of patient neglect.   This action is the only one the multi-chain corporation understand.  Government oversight must be increased and serious consequences of neglect must be felt by the corporations.

Some Evergreen Foothills Health and Rehabilitation Center residents would have to be relocated to a facility capable of providing good care. The state is working to move those patients.

Arizona Department of Health Services records paint a disturbing picture. Problems cited include: failing to investigate injuries to rule out abuse; failing to provide regular catheter cleansing for one patient; and failing to notice when one patient had three broken ribs.

Evergreen’s corporate defense attorney stressed that, although Medicare and Medicaid funding will officially be cut next month, the state is allowing the center to remain open for now.  I am sure that is a relief to the neglected residents who remain.

The Courier-Journal in Kentucky has a great article about the necessity to increase staffing at nursing homes, and how the nursing home industry lobbyists are fighting against it so their profits remain large despite the poor care that is guaranteed with low levels of staff.  Please read the entire article and the Comments from other interested people.  Below is a summary of the article.

Lois Pemble said she once found her mother alone, sprawled on the floor of her nursing home room, where she’d fallen.   On other occasions, Pemble found her mother with her clothes soaked in urine, waiting for help to get to the bathroom.   She has joined with Kentuckians for Nursing Home Reform in pushing a bill that would require Kentucky to join 37 other states in setting minimum standards for the number of caregivers in nursing homes.

House Bill 109 would require nursing homes to have one nurse’s aide for every nine residents during the day shift; one aide per 13 residents during the evening shift; and one aide for every 19 at night.   The bill also would increase the number of RNs required to be on duty — currently the law requires only that one RN be on duty for only eight hours a day and that one licensed practical nurse be on duty the rest of the time.

The bill would require one nurse for every 21 residents in the day; one for every 29 on the evening shift; and one for every 42 residents overnight.

Other than requiring that a nurse be on duty, Kentucky law now says only that a "sufficient" number of staff be on hand to care for residents, but it does not define "sufficient." 

The reasonable measure already has encountered opposition from the industry, which has contributed more than $110,000 to lawmakers’ campaigns, according to records from the Kentucky Registry for Election Finance.  The political action committee of the Kentucky Association for Health Care Facilities has donated $114,150 to lawmakers, and many of the recipients were on key committees or in leadership roles.