A recent Wall Street Journal headline
stated “U.S. Nursing Homes Quietly Killing
Thousands – Report.” As we all approach
an older age, it’s natural for us to consider
the consequences of our parents and even ourselves
spending time in a nursing home. In North Carolina,
the population of those 65 and older increased
by 20 percent from 1990 to 2000.
A nursing home provides nursing
or convalescent care for three or more persons.
The federal government regulates nursing homes
if they receive any money from Medicare. Nursing
homes are also regulated by the State of North
Carolina if they receive Medicaid benefits. The
North Carolina Department of Health and Human
Services, Division of Facility Services regulates
nursing homes. It also regulates prisons.
The investigation for the Wall Street
Journal article found that 90 percent of the nursing
homes investigated do not have enough staff members
to provide quality care to the residents. North
Carolina commissioned an investigation into why
so many licensed Certified Nurse Assistants (CNA)
do not work in the nursing home industry. The
median wage for Certified Nurse Assistants in
1998 was $11,358. Only 20 percent of those individuals
had wages from all sources exceeding $18,360.
CNAs perform strenuous, personal, and difficult
jobs, yet they are paid below the poverty level.
It is easy to see why there is inadequate staff.
The nursing home industry responds
to these reports that inadequate reimbursement
rates force compensation of minimum wages. The
industry conducts a coast-to-coast campaign complete
with high level lobbying and doomsday advertising,
even though the records indicate that the nursing
home industry is doing quite well. Whenever I
hear how difficult it is to operate a nursing
home or a rest home, I ask, "Why do they
stay in business?"
At our law firm, we receive calls
everyday from family members whose loved ones
are neglected, injured and even abused in nursing
homes. We have seen bedsores grow to the size
of a softball. We see unattended residents who
suffer from fractured limbs, suffocation and even
rape. There are good homes, but you must investigate.
Finding a good home requires some
homework before you are in dire need. We hear
from family members after something bad happens.
We always ask why a particular facility was chosen.
Often it is because a loved one is in the hospital
facing immediate discharge, forcing the family
to find a facility quickly.
Before you are forced into a decision,
investigate the homes in your area. The internet
is an excellent starting point. Prepare a short
list to investigate when and if the time arises.
Once you have a list:
(1) make an unexpected visit
to the facilities. The general cleanliness and
smell will tell you a lot about how the facility
is operated;
(2) speak with some of the residents
and the residents’ families;
(3) speak with
the Certified Nurse Assistants;
(4) ask the administrators
who provides the ancillary services, such as the
prescription drug company, the hairdresser, the
laundry service, the cleaning service and any
other such services. Many times the owners of
the facility own all of these separate companies
as a way to shift (and hide) profitability.
If a loved one is the subject of
abuse or neglect, what should you do?
(1) Remove that person from the
facility immediately.
(2)
Photograph the facility and
the injuries. Be certain to photograph any bedsores
in particular.
(3)
Prepare a chronology beginning
with the date your loved one went into the facility
and why. Be as specific as you can as to time
and dates and include the names of anyone involved
in the care of your family member.
(4)
Contact the Division of Facility
Services Hotline or a law firm experienced in
handling nursing home abuse cases.
Getting older
is difficult enough without having to think about
spending your last days in a nursing home. Many
facilities do a wonderful job. Our experience
suggests that strong management in the facility
makes the difference. Make sure you investigate
the facilities and that you have an idea what
is best for you or your loved one before the immediate
need arises. |
