Drug companies may be required to disclose payments made to doctors for the "Objective" Evaluation of their drugs

Senators Grassley and Kohl have sponsored a bill that would require drug companies and manufacturers of medical equipment to publicly disclose payments to physicians that exceed $500 per year.

In discussing the need for this legislation, Senator Grassley reported that drug companies are paying fees and expenses to physicians who are supposed to be objectively reviewing the effectiveness of medications.

Grassley explained that a physician had recently been paid in excess of a half a million dollars in fees and expenses by a major drug company during the time the physician was the lead physician on a study evaluating the company’s new drug.

Treating physicians must be able to rely on independent studies to make medical decisions regarding treatment. Even the suggestion of impropriety can have serious treatment implications. We hope Congress will implement this legislation in this new era of recapturing public trust.

When a Loved One Dies in a Nursing Home: Searching for the Truth

When a loved one dies while receiving care in a nursing home, the family is entitled to know whether the death could have been avoided by good nursing care.

According to an article in the New York Times, after a death occurs at a nursing facility, it is not uncommon for the family to mistrust what they have been told by the facility as to the cause of the death.

In my experience, this is particularly true of deaths occurring at nursing homes where the history of care has been questionable.

It may not be helpful to rely on the nursing home treating physician for answers, as many of the treating physicians in nursing homes are also the facility’s medical director.

Even a death certificate stating the cause of death may be suspect as the physician signing the certificate may have only limited information as to the circumstances surrounding the death.

What is a family to do?

The answer may be an autopsy, either performed by the county medical examiner or by a private pathologist.

The county medical examiner will usually only perform an autopsy if the circumstances surrounding the death calls into question whether the death was by natural means.

To have a private autopsy performed in Arizona can cost between $3,500 - $4,500. However, it may be the only way to determine the cause of death and give the family closure they deserve.

The Nursing Home Medical Director: Accountability

A nursing home is a nursing institution that is managed by an Administrator, who is not a medical professional.

The highest level of medical management in the nursing home is the Medical Director.

It is also common for the Medical Director to be the primary treating physician for his own patients in the facility.

Under Federal Regulation, the nursing home Medical Director is responsible for “the coordination of medical care in the facility.” This means that the Medical Director is responsible for assuring that the nursing staff is providing appropriate care to its patients.

In addition, the Medical Director is a member of the clinical care oversight committee which is charged with addressing all facility deficiencies as identified by the state’s Department of Health Services.

The role of the Medical Director requires an investment of time for the analysis of the facility’s operations and should not be taken lightly by any physician. The Medical Director must become familiar with the system of healthcare delivery within the facility and assure that it functions properly.

With this responsibility comes accountability which means liability, should the Medical Director fail to perform as required.
 

Families Can Monitor the Quality of Nursing Home Care

Can I do anything to improve the care my loved one is receiving at the nursing home?

This is a common question. Today I would like to discuss what I believe is a reasonable methodology to assist families in playing a positive role in the care of their nursing home patient.

Family participating in their loved ones care is becoming more important every year. However, there is little information available to inform and educate families as to how they can successfully advocate for their loved one. The following is an introduction to Family Advocacy 101.

Inadequate Communication in the Nursing Home
One of the major impediments to good care in the nursing home is inadequate communication among health care providers (nursing assistants, nurses, physicians, and nursing home management).

The nursing staff is responsible for continually assessing patients for changes in condition and for the accuracy and completeness of charting the patients’ condition. Facility understaffing places many hurdles in the path of staff-to-staff communication.

It is not the family’s job to facilitate staff communication in the nursing home. However, a family that is knowledgeable enough to understand the weakness in the nursing home’s system of communication is able to provide a communication bridge between the patient and the nursing home staff.

The family can thus make a significant contribution to the patient’s well being by facilitating awareness and understanding of the patient’s condition.

The Nursing Home Chart
The “chart” is a collection of records, first created when the patient is admitted to the nursing home and supplemented throughout the patient’s stay.

The purpose of the chart is to enable any healthcare provider to obtain a history and current status of the patient.

Understanding the Chart
This is not as difficult as you may think. Families with the patient’s permission may examine the patient’s chart.

There are certain documents in the chart that are key to evaluating care. We’ll briefly discuss each and also how it can be utilized by the family.

Hospital Transfer Records
The patient is usually accompanied to the nursing home with Hospital Transfer Records. These are records which explain the patient’s condition upon discharge from the hospital. The records also include a list of the medications the patient is taking, and any physician orders for continued medication and care.

The Admission Record
When a patient is admitted into a nursing home an Admission Record is completed by the admitting nurse. The Hospital Transfer Records are reviewed and incorporated into the admission records for the consideration of the nursing home admitting physician.

The admitting nurse must review the hospital transfer records, examine the patient, obtain information from the patient, and educate the patient’s family regarding the patient’s needs and abilities.

The Family re: Admission Process
The family should read the patient’s Hospital Transfer Records and the Admission Records in order to make sure that they accurately reflect the patient’s condition at the time of admission to the nursing home.

Advising the nursing staff about any discrepancies or omissions will facilitate an accurate understanding of the patient. It also ensures that the staff and admitting physician will be in a better position to address all of the patient’s needs.

Treatment / Medication Administration Records
The Treatment Record documents all the treatments that the patient’s physician has ordered for the patient. There is a place on the Treatment Record for the nursing staff to document when each treatment is provided.

The Medication Administration Record documents all the medications that were ordered for the patient and there is a place for the nurses to document when each medication is administered.

The timely performance of treatments and administration of medication is important to the welfare of the patient. Failure to provide either may result in patient debility or death.

The Family: Treatments and Medication
The family should examine the treatments ordered for the patient and the medication to be administered and verify that the patient is receiving the treatments and medications as were ordered.

Pay particular attention to any new treatments and medications and tell the nursing staff and the physician if there are any changes in the patient’s condition once the new treatments and medications have been given.

A change in treatment or medication can sometimes have a negative consequence and therefore patients should be closely monitored when new therapies are implemented or new medications are administered.

Vital Signs and Weight Records
The nursing assistants commonly record the patient’s vital signs (temperature, blood pressure, pulse, and respiration) and weights. Weights are usually taken monthly unless ordered otherwise.

Any unusual readings must be retaken to allow for the possibility of error and timely reported to the patient’s physician in the event it is determined that the reading was accurate.

An elevated temperature may be a sign of infection or dehydration and must be addressed with the patient’s physician immediately.

Any unplanned weight loss must also be addressed immediately with the patient’s physician and the dietitian. In addition, a patient who has lost weight should be placed on a weekly weight plan.

It is not uncommon for recording the vitals and weights to be neglected by nursing when they are understaffed and overworked.

The Family: Vitals and Weights
Once again, the family can play an important role in assuring that the patient’s vitals and weights are regularly recorded by the staff.

By examining the vitals and weight records weekly and reporting any failures of entry to the nurse in charge and the patient’s physician, the family can help avert potential problems.

Nursing Assistant Flow Sheets
Nursing assistants provide much of the hands on care in the nursing home. They document certain elements of the care that they provide on Nursing Assistants Flow Sheets.

One of the more important aspects of their charting responsibility is to document the percentage of meals and fluids consumed by the patient.

The flow sheet forms have columns for the days of the week and cross-columns for breakfast, lunch, dinner and snacks. Each box for a particular date and meal should be filled in with the accurate meal and fluid percentages that the patient consumes.

In a busy nursing home, that lacks an adequate number of nursing assistants, it is not unusual for Flow Sheet charting to be incomplete. Unfortunately, it is also not unusual for the meals percentages documented to be fabricated, especially at times when the facility is short staffed and the percentages are recorded at a later date.

The Family: Flow Sheets
As stated before, any unplanned weight loss in an elderly patient is a serous condition and must be addressed as quickly as possible.

The family should examine the patient’s Nursing Assistant Flow Sheet weekly and report any blank boxes to the Director of Nurses.

The family should also examine the percentages of meals consumed in light of the patient’s physical condition.

For example, when a patient has unintentionally lost weight and the Nurse Assistant Flow Sheet indicates that the patient has been eating 100% of his meals, the family should be suspicious. The weight loss may be the consequence of a medical condition or may be a situation where the nursing assistants are fabricating the meal percentages that the patient has eaten.

Becoming aware of this conflict between the weight loss and the meal percentages enables the family to call this matter to the attention of the Director of Nursing and the patient’s physician.

Families place their trust in the nursing home to provide quality care. Although the nursing home staff should be an advocate for the patient, this rarely occurs because the facility is understaffed and the staff is overworked just trying to provide basic services to all the patients.