Nursing Home Law Blog

Toms River Nursing Home Sued by Township

dcohen@stark-stark.com (David Cohen) — Mon, 06 Jul 2009 14:50:02 -0500

Toms River Township sued Dover Woods Health Care Center because of abnormal conduct at the facility. There are over 20 calls a month to the police according to township officials. On Wednesday June 17, 2009 Township Officials asked a judge to force the adult home's owners to improve security at the facility.

To read the full story Click Here. (PDF)

National Nurses Movement

dcohen@stark-stark.com (David Cohen) — Wed, 24 Jun 2009 16:00:00 -0500

National Nurses Movement Launches Ad Campaign for Nurse TV Shows

By: PR Newswire
Jun. 16, 2009 02:17 PM

RN SuperUnion Uses "Pop Culture Moment" to Advocate for Safe RN Staffing Levels Bill and Nurse Rights

OAKLAND, Calif., June 16 /PRNewswire/ -- The three nursing organizations at the heart of the newly announced national RN Super Union today announce a new television and internet advertising campaign in conjunction with the debut of HawthoRNe, one of the new TV shows debuting this season that features nurse characters. The ad can be viewed here:www.YouTube.com/CalNurses or at www.RNVoices.net. (Click Here to read the full article) PDF

Trenton Providence Nursing Home Patient Left Behind

dcohen@stark-stark.com (David Cohen) — Tue, 16 Jun 2009 15:21:16 -0500

Saturday June 13, 2009 Providence Nursing & Rehab Center located on Bellevue Avenue in Trenton, NJ sent a group of its residents on an outing to the Casinos in Atlantic City. The residents were monitored by two activity aides. One male resident described as a Hispanic male in his 50s to 60s, did not return with the group later on that day. Providence Nursing & Rehab Center did not confirm or deny the allegations.

Click Here to read the full artice. (PDF)

Kindred Settlement $1.3 Million

dcohen@stark-stark.com (David Cohen) — Mon, 15 Jun 2009 14:33:47 -0500

Kindred, PharMerica to pay $1.3 million settlement
By Gregg Blesch
Posted: June 12, 2009

Kindred Healthcare and PharMerica, a company formed in part from Kindred’s spun-off institutional pharmacy division, have entered a $1.3 million settlement to resolve allegations that Kindred’s Knoxville, Tenn., nursing home billed Medicaid for more pharmaceuticals than were actually used or delivered to the facility from 2003 to 2006.

The settlement does not constitute an admission of liability by either company, both based in Louisville, Ky. The allegations originated in a whistle-blower lawsuit filed in 2005 by former billing clerk Jeanne Mayes and subsequently investigated by the U.S. attorney’s office in Knoxville and the Tennessee attorney general’s office. “Kindred Healthcare is pleased with the settlement announced today which puts an old pharmacy dispute to rest,” the company said in a written statement. “The parties settled to avoid the distraction, time and expense of further litigation.”

Mayes, the whistle-blower, is set to receive about $220,000 from the settlement payments PharMerica will make to the U.S. and Tennessee governments.

Whistleblower Sues Oklahoma Nursing Home for Wrongful Termination

dcohen@stark-stark.com (David Cohen) — Tue, 09 Jun 2009 10:35:27 -0500

A former female employee is suing Cimarron Pointe Care Center and one of its contractors for wrongful termination after she reported abuse and neglect of the nursing facility's residents.

To read the full article click here. (PDF)

Golden Living Attending Physician Provided Misleading Responses on Medical License Applications

dcohen@stark-stark.com (David Cohen) — Thu, 04 Jun 2009 13:28:01 -0500

Dr. Lewis A. Rogatnick is a attending physician at Golden Living Center- Rose Hill in Berryville. Dr. Rogatnick is also the medical director at Heritage Hill Nursing Home. Doris Critzer, whose mother, Lorena Virginia Tumblin, former resident at Heritage Hill Nursing Home has serious issues with the facility's medical director, Dr. Lewis A. Rogatnick because of his failure to disclose his background.

To read the full article click here. (PDF)

Lawsuit Against Assisted Living Concepts, Inc.

dcohen@stark-stark.com (David Cohen) — Wed, 27 May 2009 14:58:20 -0500

The family of an elderly Bridgeton woman claims a Millville nursing home intentionally misled them by promising she could remain in the facility after she depleted her personal savings, and then threatening her with eviction when she did, according to a lawsuit.

To read the full article click here. (PDF)

Omnicare Inc. paid settlement for Medicaid Fraud Charges

dcohen@stark-stark.com (David Cohen) — Fri, 22 May 2009 15:06:59 -0500

Omnicare, Inc., paid $283,000 to settle Medicaid fraud charges by the State of Delaware. Delaware alleged that the pharmacy had committed Medicaid fraud by illegally switching the drugs of senior citizens in nursing homes and other facilities.

To read the full article click here. (PDF)

States Diverting Medicaid Funds to Fill Budget Holes

dcohen@stark-stark.com (David Cohen) — Tue, 28 Apr 2009 11:00:44 -0500

A recent report from the House Committee on Oversight cites 8 states--New York, Michigan, Virginia, West Virginia, Kansas, Indiana, Florida, and Nevada--that are likely to use medicaid stimulus funding to fill budget gaps rather than to care for seniors. See the full report CLICK HERE

N.J. Public Advocate Says Assisted-Living Company Wrongly Evicted Elderly Residents

dcohen@stark-stark.com (David Cohen) — Fri, 17 Apr 2009 11:30:26 -0500

New Jersey's Public Advocate today accused a national assisted living company of "breaking its trust" with customers by trying to evict dozens of frail and elderly South Jersey residents who sought Medicaid assistance when they ran out of money.

To read the full article click here. (PDF)

State closes admissions to Golden Living Facility

dcohen@stark-stark.com (David Cohen) — Mon, 23 Mar 2009 08:00:28 -0500

Golden Living Center Mountain View, a 120-bed licensed nursing home in Winchester, was ordered Tuesday not to admit new residents.

To read the full article click here. (PDF)

Transparency is the New Black

dcohen@stark-stark.com (David Cohen) — Wed, 18 Mar 2009 15:40:06 -0500

Government public records are becoming more available or "Transparent" to citizens. This article talks about public records including nursing home inspection documents and many others.

To Read More click here. (PDF)

Monmouth County based Nursing Home

dcohen@stark-stark.com (David Cohen) — Tue, 17 Mar 2009 09:03:24 -0500

Here is an editorial about Monmouth County based Nursing Home :

Think for a moment about 85-year-old Mary and 90-year-old John, who live at the J.L. Montgomery and Geraldine L. Thompson nursing facilities. They've lived all their lives in Monmouth County, and were productive and law-abiding citizens. Now they face a difficult future, suffering from any number of serious medical conditions that require 24-hour nursing care.

At this point in their lives, Mary and John cannot eat, bathe or go to the bathroom without assistance. Fortunately, the nurses and aides at J.L. Montgomery and Geraldine L. Thompson are there when they need them.

Mary and John see less and less of their relatives and friends, and have come to view their caregivers as family. They are there for them each morning with a smile of reassurance. They bake cakes on their birthdays; they make sure they have a gift at the holidays. These caretakers, all public employees, do this even though they have more and more Marys and Johns to care for each day, and less and less time to spend with these vulnerable patients.

These caregivers are the same Monmouth County employees the Asbury Park Press criticized for being "intransigent" and trying to "extort wage hikes from fellow citizens" ("Unions remain intransigent," editorial, Jan. 31). Many have worked at J.L. Montgomery and Geraldine Thompson for 25 years or more, and yet earn barely enough to make ends meet. Their annual salaries are less than $29,000 per year.

Like the rest of us, these employees are struggling to pay rent, make car payments, support their families and stay out of bankruptcy. Their reward is the smile they get back from Mary or John once in a while, and the "thank you, dear," when they tuck them in at night.

But Monmouth County's administrators and freeholders, as well as the Asbury Park Press, have a different reward in mind for nursing home employees and other county workers. Their "thank you" is to blame the employees and their unions for the county's fiscal woes, as if the real causes of the present predicament weren't decades of patronage, corruption and overspending, most of which has been well-chronicled during the past few years in the Press.

Make no mistake about it: The measures being proposed by the administrators and freeholders are designed to get headlines (which the Press gladly will provide) and get them re-elected (we'll see). The county has taken a divide-and-conquer approach to these labor matters. Our members are being asked to give up their negotiated raises in order for the county not to consider laying off their fellow workers.

However, there is nothing preventing Monmouth County from accepting the wage concessions from workers and then turning around and laying off employees for financial reasons.

Our union also represents library workers in Monmouth County, who earn on average $31,000 per year and have advanced degrees. Our members' work in the libraries has been lauded by the public and their good deeds have been well-documented in the Press.

AFSCME Council 73 represents the lowest-paid groups of workers in Monmouth County. We are committed to speaking up not only for our members but also for Mary, John and the other citizens of Monmouth County who rely on county services.

Quick fixes got us into the current mess. Thoughtful solutions and responsible decision-making are what we need from our elected officials. But all we are getting are sound bites, sloganeering and politics as usual.

No one likes to be barked at and told that we are the cause of all the county's ills. We still are waiting for true discussions to take place in Monmouth County.

By Gerard J. Meara, APP.COM

Zyprexa and Nursing Home Residents

dcohen@stark-stark.com (David Cohen) — Wed, 11 Mar 2009 10:46:31 -0500

Here's a website link critical of the use of the drug, Zyprexa, for nursing home residents

Please click here to view website.

Problems at Innova Health and Rehab

dcohen@stark-stark.com (David Cohen) — Mon, 09 Mar 2009 08:00:11 -0500

Please see attached article on the strikes at two Innova Facilities in South Jersey

To read the full article click here. (PDF)

Fosamax Attorneys Investigate Possible Claims

dcohen@stark-stark.com (David Cohen) — Wed, 04 Mar 2009 14:34:00 -0500

We wanted to inform the readers of our blog that the Mass Tort Team of Stark & Stark is now reviewing possible claims against the popular osteoporosis drug, Fosamax. Patients who used Fosamax have reported serious side effects from the drug, including Osteonecrosis of the Jaw (also known as Fossy Jaw, Dead Jaw and Phossy Jaw), low-energy femur fractures and severe and painful injuries affecting bones, joints and muscles.

If you or a loved one have suffered a severe illness or injury after taking Fosamax, you can have an experienced Mass Tort attorney from our firm review your potential case.

Capitol Call-In TODAY

dcohen@stark-stark.com (David Cohen) — Tue, 03 Mar 2009 14:00:20 -0500

The Senate Special Committee on Aging convenes tomorrow to discuss inclusion of improvements in long term care as a part of national heath care reform. In advance of the hearing, the American Assn. of Homes and Services for the Aging has organized a call-in day today. Healthcare workers and members of the public are being urged to call their representatives and tell them of the importance of reform in the long term care system as part of a broader reform platform. If you wish to participate, call 800-958-5374 between 8:00 a.m. and 5:00 p.m. Eastern Time.

http://www.mcknights.com/Funding-issues-hit-the-spotlight-as-nursing-home-advocates-gear-up-for-Aging-Committee-hearing/article/128165/

New Jersey Bill Would Require Pressure Redistribution Mattresses in all Nursing Homes

dcohen@stark-stark.com (David Cohen) — Thu, 26 Feb 2009 16:00:29 -0500

New Jersey Bill Would Require Pressure Redistribution Mattresses in all Nursing Homes

Legislation that would require all New Jersey nursing homes to use pressure redistribution mattresses to reduce the incidence of pressure ulcers is headed to the Governor’s desk for signature. Th e bill, S-1517, would require nursing homes, beginning one year after the enactment of the legislation, to purchase pressure redistribution mattresses when replacing the mattresses used by nursing home residents. The bill would also require that all mattresses within a nursing home be switched to pressure redistribution mattresses within three years aft er the enactment of the bill.

Source: www.politickernj.com, February 5, 2009

Access to Nursing Home Inspections

dcohen@stark-stark.com (David Cohen) — Mon, 23 Feb 2009 10:00:14 -0500

In one of his last acts in public office, President Bush changed a significant number of federal regulations designed to help the consumer public. One of those was the set of regulations which allowed consumers access to the results of nursing home inspections. Undoing the damage caused by the former President is no small task, but it is an essential one.

Don't limit access to nursing home inspections

Monday, February 02, 2009

A new rule limiting public access to nursing home inspection reports is a prime example of bureaucracy run amok. Because administrators say requests for information have become too burdensome, the Department of Health and Human Services now says you can't have copies of inspection reports that might explain how your loved one came to have a broken bone, or bruises.

The requests "divert employees from their federal survey, certification and enforcement responsibilities," said Michael Leavitt, HHS secretary. Under the rule change, state employees who inspect nursing homes for the federal government are reclassified as federal employees who aren't allowed to provide "privileged" information or documents to the public without approval from the head of the Centers for Medicare and Medicaid Services. We rely on the government to provide services we cannot provide for ourselves, and policing an industry that has had more than its share of shady operators is one of those jobs. But HHS seems to have the idea that the inspections themselves are the end result, and that the public is willing to trust it to do the right thing by our loved ones.

- The News-Enterprise, Elizabethtown, Ky.

Nursing home abuse investigation in New York leads to arrests

dcohen@stark-stark.com (David Cohen) — Tue, 17 Feb 2009 09:00:53 -0500

Last month, it was reported that four nursing home employees were arrested for abusing resident...one of them actually tying a resident to a chair for two straight nights.

http://www.newsinferno.com/archives/4335