Nursing Home Ratings

Bruce Bierhans
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Posted by Bruce BierhansJanuary 04, 2009 12:42 PM

Believe me...when I wrote my last post on Nursing Homes in my Cape Cod Barrister blog on Cape Cod Today, I had no idea that nursing home grading would be the headline story in the Cape Cod Times just a few days later. Perhaps my timing is so good, I ought to buy a lottery ticket!

In any event, what do we learn from the study conducted by the HHS Centers for Medicare and Medicaid Services?? As for Barnstable County, we learn that 45% of homes were ranked "above average" and 33% were rated "below average". On Cape Cod, 17% of the homes received the lowest coveted (tongue planted firmly in cheek) one star rating, compared with 14% statewide. Although Norfolk County received the lowest percentage of one star ratings, that happens to be the county where many of my cases to date have originated. In this county, how do you feel if your Mom or Dad is in one of the one star facilities or one of the 33% that were rated below average. Probably not warm and fuzzy.

What do these statistics tell us. Not much really, other than the fact that, as I have stated previously, due diligence and monitoring your family members care is paramount. Tragedies can occur in the best and worst of homes. For example, let me give you a brief rundown of the types of cases we have handled on behalf of client families. These will give you a beginning primer on what to look out for. Some of these cases have occurred in homes that were high end and sparkling.

a) Development of bed sores and other ulcerative conditions and the failure to treat the conditions when they occur;

b) Falls, frequently multiple falls, resulting in serious injury or death. This is the most common type of case we have handled. Patients "at risk for falls" are supposed to be assessed upon admission and closely monitored thereafter, with assistive devices, i.e lap buddies with wheelchairs, to prevent falls.

c) Failure to administer medication or actual overdosing of the patient. Again, a situation that results in serious injury or death;

d) Assault and Battery and theft. Yes, patients can be physically and emotionally abused behind closed doors. In addition, we have seen multiple cases where there is a theft of personal property.

Nursing homes are subject to a myriad of state and federal regulation because of their receipt of federal and state funds. The maze of regulations and payment options can be confusing to the best and the brightest. However, your first course of action is to be informed and to be an aggressive advocate for your family member. I will talk in later posts about some of these issues with more specificity.

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