Congress Looks at Stopping Nursing Home Tactic

When checking mom into a nursing home, in addition to telling them about her favorite foods, you are likely signing away her rights.

Buried in the stack of documents you will be signing is a promise not to sue the nursing home in court if they harm or kill mom.

It's called an "Agreement to Arbitrate" and it is underhanded and a pitiful abuse of trust.

An arbitration is a non-judicial proceeding where an "independent" third person (arbitrator) is given the facts of a dispute and decides the dispute impartially.

However, there is nothing impartial or independent about these nursing home arbitration agreements.

They are one-way agreements giving nursing homes the right to have any dispute, no matter how serious, decided by an "arbitrator" of their choice and they get to decide the rules by which the arbitration will be conducted.

These agreements have been used to prevent courts from holding nursing homes accountable for the injuries and deaths they cause to nursing home patients.

Now there is a bill before Congress that will stop these tactics. It is called The Fairness in Arbitration Act of 2009 (H.R.1237)

This proposed legislation will make these one-sided agreements unenforceable.

Write your Congressman and ask them to support this elder friendly legislation.

For us Arizonans, write to your Congressman:

86303 - 1st District - Kirkpatrick, Ann
85308 - 2nd District - Franks, Trent
85016 - 3rd District - Shadegg, John
85004 - 4th District - Pastor, Ed
85251 - 5th District - Mitchell, Harry E.
85204 - 6th District - Flake, Jeff
85364 - 7th District - Grijalva, Raul
85635 - 8th District - Giffords, Gabrielle

 

Universal Criminal Background Checks for Nursing Home Employees May Become Reality This Year

The Patient Safety and Abuse Prevention Act was reintroduced into the Senate this week. The bill is intended to prevent workers with criminal histories from working in skilled nursing facilities.

The bill requires each state to establish coordinated systems that include checks against neglect and abuse registries, the FBI database and state police records.

The bill had been introduced last year but failed to make it out of Congress.

State background investigation requirements are checkered and lack any uniformity making it easy for someone with a criminal conviction in one state to escape detection in another.

If this legislation becomes law, it will go a long way in reducing violence to nursing home residents.
 

The Four Most Important Nursing Home Regulations

The world of nursing home care changed in 1987 when Congress enacted the OBRA (Omnibus Budget Reconciliation Act) regulations.

OBRA is a comprehensive set of rules created by clinicians and designed to be a blueprint for quality nursing home care.

I’ve studied and worked with these regulations for over ten years, and I believe that there are four principal regulations that form the backbone of quality care.

The four are:

1. Quality of Life (42 USC 483.15)
2. Quality of Care (42 USC 483.25)
3. Nursing Services (42 USC 483.30)
4. Administration (42 USC 483.75)

1. Quality of Life

“The facility must care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident’s quality of life.” (42 USC 483.15)

What does “quality of life” in a nursing home mean?

It means that each resident is entitled to:

1. Dignity
2. Self-determination
3. Participation in resident and family groups
4. Accommodation of needs
5. Activities
6. Social Services
7. Safe, clean and comfortable physical environment

Dignity
Each resident must receive care in a manner and in an environment that promotes dignity and respect.

Self-determination
Each resident must be given the opportunity to make their own choices of activities and services.

Participation in resident and family groups
Each resident must be given the opportunity to organize with other residents to discuss issues of common interest and concern.

Families of residents must also be given the opportunity to meet with other families to discuss grievances.

Under both circumstances, the facility must be responsive to concerns and grievances that are raised by these groups.

Accommodation of Needs
Each resident is to receive services in a manner that recognizes any special resident needs such as food choices or accessability requirements.

Activities
Each resident must be offered a program of activities that meets the interests, physical, mental and social abilities. Residents must be afforded the opportunity to participate in social, religious, and community activities of their choice.

Social Services
Each resident must receive medically related social services.

Safe, Clean and Comfortable Physical Environment
Each resident must be provided with a clean, safe and well lighted and ventilated living space.

2. Quality of Care

“Each resident must receive the necessary care and services to attain or maintain the highest practicable physical, mental and psychosocial well-being based on each resident’s assessment and plan of care.” (42 USC 483.25)

This requirement is fashioned to ensure that the resident’s outcome, and not the facility’s capacity, is paramount.

Resident Assessment
Each resident must be comprehensively assessed and evaluated on abilities, needs and risks, among them are the following:

Activities of Daily Living
The resident’s ability to bathe, dress and groom himself; to transfer and ambulate; eat and toilet independently.

Mental and Psychosocial Functioning
The resident’s mental and psychosocial strengths and weaknesses.

Nutrition
The risk for malnutrition must be determined and addressed.

Pressure Sores
The risk of pressure sores must be determined and addressed.

Plan of Care
Every resident need, as well as how the facility will address them, must be outlined in a Plan of Care.

3. Nursing Services

“Each resident must receive the nursing and related services to attain their highest practicable physical, mental and psychosocial well-being.” (42 USC 483.30)

There are no minimum national staffing levels, however, the facility must have sufficient nursing staff to provide each resident with assessments, planning, evaluation, direct care needs and supervision.

4. Administration

“Facilities must be administered in a manner that enables them to use their resources effectively and efficiently to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident.” (42 USC 483.75)

This is where the buck stops. The facility’s management must administer the facility so that it complies with all federal and state laws and regulations. The governing board sets policies and appoints the Administrator who is the general manager of the nursing home.
 

The New Medicare Quality Ratings of Nursing Homes

The Center for Medicare-Medicaid Services (CMS) rolled out its new quality nursing home five star rating system on December 18, 2008.

The five star system awards points to nursing homes based on performance in three areas:

1. Inspection Surveys
2. Staffing
3. Quality Measures

The highest rating is five star which means the facility is “much above average”.

A four star rating means that the facility is “above average”, and a three star rating means the facility is “about average”.

A two star rating means the facility is “below average”, and a one star rating means the facility is “much below average”.

According to CMS’s national data, twelve percent (12%) of the nursing homes receiving medicare or medicaid dollars score five stars. Twenty two percent (22%) receive a one star rating and the rest are evenly divided between two, three, and four stars. However, facility rankings may differ somewhat from state to state.

The new five star rating system can be found on Medicare’s Nursing Home Compare website.

As with all rating systems, the five star system is of general use and is just a place to start a search for a quality nursing home.

If you work in a nursing home, be sure to ask about your facility’s ranking.

The “Guardian Blog” will provide information to help both families and professionals assess and improve the quality of nursing home care in Arizona and the Guardian Blog will encourage dialogue with and among its readers.
 

Front Line Reporting of Abuse and Neglect

Who is in the best position to report abuse and neglect in a nursing home? The nursing staff, of course. A great many nurses and nurse aides are dedicated caring professionals. Then why aren’t they reporting?

One reason may be is that there isn’t much patient neglect and abuse in nursing homes. However, we know that just isn’t true, so we must look further for the answer.

As it turns out, there is a recent article in the Journal of the American Medical Directors Association (AMDA) which discusses this very issue.

The AMDA article reports on a study done in Iowa and concludes that, although nursing home staff is aware of their duty to report as well as the mechanism for reporting, there is little reporting of neglect and abuse by staff (53% admitted suspicion yet only 35% reported abuse).

The article concludes that the reasons for under-reporting are:

1. Inadequate education and training as to whether actions by fellow caregivers rise to the level of a reportable event.

2. Fear of lack of anonymity.

3. Fear of retaliation by fellow workers and the employer.

4. Inexperience of co-workers in dealing with difficult residents.

5. Staff fatigue resulting from being overworked.

6. Lack of comfort with the reporting agency.

Whatever the reason for inadequate reporting, it is vital to all our welfare that nursing home staff be encouraged and supported in fulfilling their duty to report suspected abuse and neglect.

The “Guardian Blog” will provide information to help both families and professionals assess and improve the quality of nursing home care in Arizona and the Guardian Blog will encourage dialogue with and among its readers.
 

Who's Watching Out for the Patients?

Nursing homes receiving Medicare or Arizona Long Term Care funds must comply with federal nursing home health and safety regulations.

Nursing homes that are unwilling or unable to provide quality care must not be allowed to retain their license to engage in business in the State of Arizona.

In Arizona, the Department of Health Services (DHS) is the enforcement agency, acting on behalf of both the federal and state governments.

DHS is responsible for ensuring that Arizona nursing homes follow state and federal regulations and provide quality care to their patients. DHS is supposed to be an advocate for nursing home patients.

Nursing homes are required to be inspected at least once every fifteen months and are to be cited for any deficiency in patient care. Inspections must occur more frequently, however, in the event a complaint is filed against a nursing home for poor care.

Poor Enforcement Equals Poor Care
When health and safety regulations are not strictly enforced, nursing homes are encouraged to neglect patient care in their pursuit of profit.

Strict Enforcement Equals Good Care
On the other hand, when nursing homes are held accountable through strict enforcement, patient care and quality of life improve.

Nursing Homes Promise to Mend Their Ways
Although cited nursing homes promise the DHS that they will correct and improve patient care, many of these same nursing homes continue to provide poor patient care.

It is up to the DHS to prevent repeat offenders from providing bad care to our most vulnerable citizens.

Failure to Strictly Enforce Regulations
All too often, however, the DHS fails to act as an advocate for quality patient care and permits nursing homes with repeat violations to continue to retain their Arizona license.

Generally, the most important health and safety regulations are those that require each nursing home have sufficient nursing staff to provide quality care to patients.

However, in Arizona, there is no minimum staffing level required. This makes the DHS inspector’s role most important and difficult. They must determine whether the facility they are inspecting has enough nurses and nurse aides while considering the medical acuity and functional level of each patient.

This is a big job and the inspectors do not uniformly take the time necessary to perform this analysis.

It is up to us to demand patient protection through strict agency enforcement of health and safety regulations.

The “Guardian Blog” will provide information to help both families and professionals assess and improve the quality of nursing home care in Arizona and the Guardian Blog will encourage dialogue with and among its readers.
 

Nutrition is the Key to Patient Longevity in Nursing Homes

I look forward to the evenings my wife and I go out to dinner. I confess that I enjoy food. But, it wasn’t until I represented my first nursing home patient that I began to appreciate the central role food and water play in skilled nursing case.

Good nutrition is vital for the well-being of nursing home patients. It provides the calories, protein, vitamins, and minerals necessary for improving and maintaining the quality of life. The elderly do not have the reserves nor the immunity that a young person has. So, it doesn’t take long for an elderly patient to lose ground without proper nutrition.

By the same token, inadequate nutrition cannot only diminish the quality of life, but may also begin a downward spiral resulting in death.

Understanding “nutrition” in the nursing home requires us to consider the physical act of eating, the quantity of food consumed, and the quality of the food consumed.

The Act of Eating
Eating three well-balanced meals a day can save your life if you’re a nursing home patient. You may be thinking, “doesn’t every nursing home patient get three meals a day”?

“Eating” is the operative word. When a nursing home is short staffed, which is not an uncommon event, patients who are unable to feed themselves suffer.

Feeding a stroke patient or a patient with dementia a meal takes time, as long as an hour in certain cases but mealtime is a scheduled event which begins and ends on a schedule. Attempting to rush a disabled patient with feeding can result in choking or the aspiration of food into the lungs, which can lead to pneumonia.

When a facility lacks adequate staffing, patients unable to feed themselves may go without eating meals. Food trays placed in front of disabled patients may be taken away untouched without regard to the patient’s nutritional needs.

The most productive thing the family of such a patient can do is to visit and observe during lunch and dinner.

Percentage of Meals Eaten
Nursing homes keep track of the percentage of meals eaten on a “flow sheet”. This information is documented by the nurse assistants. The quantity of food served is calculated to provide a certain amount of calories and protein at each meal. A patient who consistently fails to eat meals will neither receive sufficient calories nor protein.

Given the lax nature of documentation in nursing homes, any notation as to percentage of meals eaten must be suspect. The scale is a patient’s best friend.

Unplanned Weight Loss
Patients who are unable to feed themselves should be weighed once a week to determine whether there is loss of weight.

Any unplanned weight loss must be addressed by nursing administration, the dietitian, and the patient’s physician immediately.

Protein: The Building Block of Life
Consuming an adequate amount of protein is important for every nursing home patient. It becomes a matter of life or death for patients recovering from surgery or patients who have developed pressure ulcers (bed sores). Protein is used by the body to repair damaged tissue, so inadequate protein results in the body’s inability to heal wounds.

Every nursing home is required, by federal regulation, to have a dietitian. Families of new patients should meet the dietitian to discuss the patient’s nutritional needs. Families should also meet with the dietitian at any time the patient isn’t eating well or is losing weight.

We may live to eat, but in a nursing home you eat to live. Enjoy your next meal.

Our Next Article
Our next article will discuss the importance of strict nursing home regulation and enforcement.

The “Guardian Blog” will provide information to help both families and professionals assess and improve the quality of nursing home care in Arizona and the Guardian Blog will encourage dialog with and among its readers.
 

Pressure Ulcers (Bed Sores) are preventable and are Evidence of Poor Care

Pressure ulcers, also known as bed sores, are an all too common occurrence in nursing homes. Fortunately, however, they are always preventable with good basic nursing care.

What Are They?
Pressure ulcers are caused by unrelieved pressure to the skin which compresses underlying blood vessels causing multiple levels of tissue damage and tissue death.

Patients who are permitted to remain in bed or in a wheelchair for an extended period of time get pressure ulcers. This is because their skin is compressed between the bed mattress or wheelchair cushion and the underlying bone structure.

The most common pressure ulcer locations are the back of the head, the spine, low back (sacrum), buttocks, heels, hips, knees and ankles.

They Go From Bad To Worse
Pressure ulcers are diagnosed as “Stages” based on their severity. They start as red marks and are classified as Stage I.

These are the easiest pressure ulcers to eliminate by merely turning and repositioning the patient at regular intervals in order to relieve the pressure.

If the patient isn’t turned and repositioned, the pressure ulcer moves to a Stage II, where the skin is blistered and broken.

Once again, the nursing staff, by turning and repositioning the patient, can stop the progression of the pressure ulcer and allow the skin and tissue to heal.

Failing to address the pressure at this stage permits the ulcer to progress to Stage III, which means that more tissue underlying the skin will die enabling the wound to deepen until it reaches close to the underlying bony structures.

Continued unrelieved pressure will cause the wound to deteriorate ever further until it reaches Stage IV, which is where healthy tissue is destroyed down to the bone.

Open pressure ulcer wounds are breeding grounds for infection. Many of the infections, in Stage IV pressure ulcer wounds, result in blood poisoning (sepsis) and patient death.

Preventable, Preventable, Preventable
Pressure ulcers are preventable with good basic nursing care, nothing extraordinary, just plain old fashioned basic nursing care.

However, nurses and nurse aides have limits as to the number of patients they can properly care for at any given time. Corporate failure to provide enough nurses and nurse aides (short staffing) accounts for the explosion in the number of pressure ulcers in nursing homes.

The Government Stops Paying Hospitals for Preventable Pressure Ulcers
Beginning October 1, 2008, Medicare stopped paying hospitals for hospital-acquired pressure ulcers. Medicare prohibits hospitals from billing patients for these costs.

Medicare calls these hospital-acquired pressure ulcers “never events” which means these pressure ulcers are preventable and should never occur to hospital patients.

Hopefully, Medicare will impose a similar non-payment regulation on nursing homes where most of the facility-acquired pressure ulcers occur.

Our Next Article
Our next article will discuss the importance of nutrition to the life expectancy of nursing home patients.

The “Guardian Blog” will provide information to help both families and professionals assess and improve the quality of nursing home care in Arizona and the Guardian Blog will encourage dialogue with and among its readers.