Blog Posts and Articles

  • Nursing Homes Are Pushing the Dying Into Pricey Rehab
    Elderly residents given intensive therapy in the last weeks of life jumped 65 percent, a study shows, raising questions about financial incentives. https://www.bloomberg.com/news/articles/2018-10-09/nursing-homes-are-pushing-the-dying-into-pricey-rehab
  • Injuries From Falls Affect Everyone
    Injuries from Falls Affect People of All Ages, Not Just Elderly According to the National Safety Council, over 34,000 Americans died in 2016 from the common and preventable injury of falling. Even more worrisome is that this number has only increased since 2000 and shows no sign of slowing. You should know surprising facts about falls, what causes this avoidable injury and how people of all ages can help prevent falls.
  • U.S. Deaths from Falls Skyrocket
    You don’t see many prime-time news headlines about fatal injuries from falls, yet the numbers have skyrocketed since 2000 and now approach annual deaths caused by motor vehicle accidents. The National Safety Council recorded 34,673 fatal falls in 2016 compared to 13,322 in 2000, a 160 percent increase. Americans killed in car crashes in 2016 totaled 40,327. A driving factor in this tidal wave of falls is the growing number of elderly Americans. But as we discuss here this month, falls occur to people in all age groups in all settings. Learn more about how we can […]
  • New Report Identifies Key Best Practices & Policies for Assisted Living
    Following Federal Report Finding Thousands of “Critical Incidents” Involving Seniors Every Year, LTCCC Identifies Best Practices to Improve Safety, Quality of Life, & Dementia Care October 24, 2018 – Assisted living is a popular alternative to nursing homes for seniors who need or want residential care but want to avoid the institutional setting that the typical nursing home provides. However, in the absence of federal safety standards, assisted living facility (ALF) residents are only protected to the extent that individual states have developed regulatory requirements to ensure the safety and dignity of their residents. Unfortunately, according to […]
  • Tort Reform (Truth v. Fiction)
  • Drugging of Nursing Home Residents
    Media Advisory: Latest Federal Data Reveal Widespread Antipsychotic Drugging of Vulnerable Nursing Home Residents Despite Industry’s Claims of “Success” in Reducing Drugging, Rates Have Gone Up; Approx. 20% of Residents STILL Receiving Powerful, Potentially Lethal Meds New York, NY, November 1, 2018— The inappropriate antipsychotic drugging of nursing home residents, particularly those with dementia, is a widespread, national problem. Despite the Food and Drug Administration’s ‘black box’ warnings against using antipsychotics on elderly patients, they are frequently used to treat the so-called behavioral and psychological symptoms of dementia.  These and other psychotropic drugs are too often used […]
  • Drugs and Healthcare
    When Do Drug and Healthcare Ads Push Ethical Boundaries? You’d be right if you suspect that drug makers are spending A LOT more on TV advertising. Pharmaceutical companies have more than doubled ad spending in just the past four years, making it the second-fastest growing ad category in the nation. Other healthcare providers – from local hospitals to nationally-known cancer treatment centers – are also upping the advertising ante. But when do healthcare promotions cross ethical boundaries and the ancient pledge to all patients of  “do no harm?” You should know! https://www.pm360online.com/how-consumers-find-and-use-online-health-related-content-in-2017/ https://www.npr.org/sections/health-shots/2017/10/08/555370189/the-painful-side-of-positive-health-care-marketing?t=1635975357234
  • Nursing Homes – Drugging of Residents; Particularly Dementia Residents
    Despite Promised Crackdown, Citations for Inappropriate Drugging Remain RareAre States Ignoring The Impact On Vulnerable Residents? 98% of All Drugging Citations & 99.5% of Psychotropic Drugging Citations Fail to I.D. ANY Resident Harm. New York, NY, November 8, 2018— The inappropriate antipsychotic drugging of nursing home residents, particularly those with dementia, is a widespread, national problem. These and other psychotropic drugs are too often used as a form of chemical restraint, sedating residents so that not only their behaviors but also the underlying causes for those behaviors do not have to be addressed by staff. In addition […]
  • Over Medication in Nursing Homes
    Study finds Link between Higher Registered Nurse Hours and Lower Antipsychotic Drug Use The federal Nursing Home Reform Law requires every nursing facility to have a registered nurse on duty eight hours a day, seven days a week. Despite the existence of this minimal floor for registered nurse hours, some nursing homes still fail to meet this requirement. Data from the newly implemented payroll-based journal (PBJ) system shows that, for at least one day in the last quarter of 2017, 25 percent of facilities “reported no registered nurses at work.” As many reports have indicated, quality of […]
  • Positive Research on Alzheimer’s Disease
    ◾A DNA vaccine reduces both harmful proteins associated with Alzheimer’s disease, without the brain swelling caused by earlier antibody treatments. ◾Scientists say the vaccine is getting close to human trials after being safely tested in three mammals.https://www.utsouthwestern.edu/newsroom/articles/year-2018/dna-vaccine-alzheimers.html
  • Under-Enforcement and Rollbacks: Children Die at a Nursing Home
    Following is a joint statement issued by the Long Term Care Community Coalition and the Center for Medicare Advocacy.  The statement is available at https://nursinghome411.org/ltccc-comments.   Under the Trump Administration, the Centers for Medicare & Medicaid Services (CMS) has been advancing “burden” reduction measures in nursing homes. The focus of these measures is to reduce both minimum safety standards for resident care and financial penalties when those minimum standards are violated. This rollback builds on the long and, too often, significant under-enforcement of standards necessary to protect residents from harm. Perhaps nowhere is this more evident than in […]
  • Drugs and Advertising
    When Do Drug and Healthcare Ads Push Ethical Boundaries? You’d be right if you suspect that drug makers are spending A LOT more on TV advertising. Pharmaceutical companies have more than doubled ad spending in just the past four years, making it the second-fastest growing ad category in the nation. Other healthcare providers – from local hospitals to nationally known cancer treatment centers – are also upping the advertising ante. But when do healthcare promotions cross ethical boundaries and the ancient pledge to all patients of “do no harm”? You should know! https://letamericaknow.com/view_feature_ysk.php?memberid=28&orderid=39&issueid=1811 When Do Drug and […]
  • Worst Corporate Conduct of 2018
    The American Association for Justice today released a new report, Worst Corporate Conduct of 2018. The report examines recent examples of corporate misconduct that negatively affect many of your clients, including: Navient’s predatory student lending practices; Energy companies’ denial of their role in perpetuating climate change; State Farm’s attempt to rig the justice system to avoid accountability; General Motors’s and Takata’s slow response in replacing potentially lethal airbags; Theranos’s deception of patients and investors with a product that didn’t work; Nestlé’s refusal to eliminate child slave labor from its supply chain; and, USA Gymnastics’s and Michigan State University’s failure […]
  • Inadequate and Dangerously Low Staffing Issues in Nursing Homes
    December 11, 2018 – Staffing is perhaps the most important factor in a nursing home resident’s quality of care and ability to live with dignity. Unfortunately, inadequate staffing is a widespread and persistent problem. In fact, the federal government has recently indicated serious concerns about inadequate staffing, especially on nights and weekends, and ordered states to conduct more inspections on weekends to crackdown on this problem. While some nursing homes provide sufficient levels of qualified care staff, in the absence of limits on profits or administrative expenses, too many nursing homes fail to allocate funds to maintain […]
  • Assisted Living, Growing Fast, Strains to Keep Up With Safety
    https://www.nytimes.com/2018/12/13/business/assisted-living-violations-dementia-alzheimers.html Brookdale Charleston, an assisted living facility in South Carolina, settled a wrongful death claim from the estate of a resident, Bonnie Walker, who died in an alligator attack in 2016 after she wandered away from the home. Brookdale called the death an “unfortunate accident.” Credit Leigh Webber for Kaiser Health News By Jordan Rau·         Dec. 13, 2018 They found Bonnie Walker in a pond behind her assisted living facility in South Carolina. There were puncture wounds on her ear, her temple, her jaw and her cheeks. Her pacemaker was inside one of the alligators that lived […]
  • Inadequate Staffing in Nursing Homes Continues
    Substandard care and insufficient staffing are widespread and serious problems that have been much in the news lately.  The nursing home industry has complained for decades that facilities just don’t get enough money to hire more staff and that basic safety standards are too “burdensome.” But why do facilities take in new residents if they can’t – or won’t – hire sufficient staff? Why do companies buy and operate facilities if they are not committed to at least meeting (if not exceeding) the standards of care which they are paid to provide? If regulation and enforcement are […]
  • Increasing Risks in Nursing Homes
    Joint Statement on Turmoil in the Nursing Home Industry January 2019—The nursing home industry is facing tremendous turmoil because some operators are undertaking risky financial deals in an attempt to squeeze out larger profits from their nursing homes, even when these deals could potentially harm residents. The recent collapse of several nursing home chains around the country also raises serious concerns about the quality of states’ licensure processes and the industry’s ability to meet the care needs of a vulnerable population. In a recently published article, The Washington Post examined the impact that a private-equity firm had […]
  • Bad Corporate Conduct
    From the American Association for Justice   Abusing student loan borrowers, burying the consequence of global pollution, buying a seat for a state Supreme Court judge, even perpetuating child slavery – these are just a few examples of the worst corporate conduct revealed in this deeply disturbing report. And who’s paying the price? Your family, friends, millions of fellow Americans and YOU.
  • Nursing Home Quality In America: All The States Ranked
    Placing a loved one in a nursing home is among the hardest decisions you’ll ever make. Here’s how nursing homes in all the states stack up.By Beth Dalbey, Patch National Staff  | Jan 31, 2019 5:30 pm ET | Updated Feb 1, 2019 8:38 am ET Nursing Home Quality In America: All The States RankedPutting Mom or Dad in a nursing home is one of the most complicated and emotionally painful decisions you may ever have to make. Where you live can dramatically affect the quality of care, according to an analysis of the latest data from […]
  • Improper Staffing in Nursing Homes; and other related articles
    The LTC JournalFor the latest news and resources, connect with LTCCC on Facebook (facebook.com/ltccc) & Twitter (twitter.com/LTCconsumer) or visit us on the Web @ www.nursinghome411.org. IN THIS ISSUE GOVERNMENT STANDARDS & QUALITY ASSURANCE IN REPONSE TO SERIOUS CONCERNS ABOUT LOW NURSING HOME STAFFING, CMS ISSUES NEW GUIDANCE TO IMPROVE STATE SURVEY AGENCIES’ DETECTION OF INADEQUATE STAFFING U.S. SENATE FINANCE COMMITTEE’S MINORITY STAFF PUBLISH REPORT ON EMERGENCY PREPAREDNESS REQUIREMENTS, FINDING THE RULES “WHOLLY INADEQUATE” LTC NEWS & BRIEFS THE BUFFALO NEWS REPORTS ON NEW YORK STATE’S NURSING HOME LICENSURE PROCESS, RAISING QUESTIONS ABOUT THE THOROUGHNESS OF THE DEPARTMENT […]
  • New York Child Victims Act Becomes Law
    Moments ago, New York Governor Andrew Cuomo signed the Child Victims Act into law.  This chapter allows victims of child sexual abuse, incest and related offenses to bring civil claims for injuries until they have reached the age of 55.  It creates a one year window to bring those lawsuits, starting six months after the enactment (August 14, 2019) and ending one year afterwards (August 14, 2020). 
  • Daycare Inside a Nursing Home
    Sometimes the most brilliant ideas are so obvious in retrospect. https://www.newschannel5.com/news/national/daycare-inside-a-nursing-home-yes-and-its-a-big-hit-in-seattle
  • Please Tell Congress to End Forced Arbitration – Support the FAIR Act!
    The Forced Arbitration Injustice Repeal (FAIR) Act seeks to end the practice of forcing consumers, employees, and patients into a secretive, rigged arbitration system, which denies citizens of their constitutional rights and prevents them from holding corporate bad actors accountable. Forced arbitration is hidden in the fine print of everything from nursing home admissions forms and credit card contracts, to online click-through “agreements” and employee handbooks. It gives corporations the power to escape civil justice and avoid being held accountable when people are harmed. This important bill gives people back their rights to seek justice and accountability when physically or […]
  • Surgery Centers Not Reporting Deadly Complications
    The rising cost of health care in America is a big concern. Small, relatively routine surgeries that are performed in a hospital can greatly increase those costs. Thus, many patients are directed toward ambulatory or same-day surgery centers. In 1970, the first freestanding surgery center was started in Phoenix to combat rising health care costs and provide more convenient, timely care for patients. The number of ambulatory surgery centers (ASCs) in the United States has exploded since, surpassing 5,600 today.As the number of surgeries performed in these centers has risen into the millions, so have the risks […]
  • Over Medication in Nursing Homes
    Every nursing home resident has the right to be free from unnecessary drugs. A drug may become unnecessary when it is used in an excessive dose and/or duration, without adequate monitoring and/or indications, or in the presence of adverse consequences. For more information, please see LTCCC’s Dementia Care & Psychotropic Drugs fact sheet. https://nursinghome411.org/fact-sheet-dementia-care-psychotropic-drugs/
  • Nursery Home Chain Closes Elderly Evicted
    Joseph Schwartz’s, Skyline nursing homes closing in 30 days in Massachusetts all elderly and disabled residents must be relocated within 30 days.  Angry family members were never noticed. At its peak, Skyline Healthcare owned or ran more than 100 facilities in 11 states, overseeing the care of more than 7,000 elderly Americans. But during the past two years, the chain has collapsed, and more than a dozen Skyline-operated nursing homes have shut their doors, throwing residents, vendors, employees and state regulators into chaos. Many homes ran out of money. Others were shut down over neglect documented in government […]
  • Nursing Homes Pushing for Forced Arbitration
    Nursing Homes are trying to force residents into Arbitration Agreements. These agreements, based upon data provided by the arbitration providers, shows that you are more likely to be struck by lightning than win in an arbitration forum. More Likely to be Struck by Lightning Than Win in Forced Arbitration In yet another assault on “Justice and Fair Play” Nursing Homes are trying to force residents into Arbitration Agreements. These agreements, based upon data provided by the arbitration providers, shows that you are more likely to be struck by lightning than win in an arbitration forum. The study […]
  • Dangerously Poor Care Nursing Homes
    Close to 400 nursing homes in the U.S. had a “persistent record of poor care”. This finding was just released by the U.S. Senate based upon a list provided by the Centers for Medicare and Medicaid Services, or CMS.These facilities have a serious ongoing health, safety and sanitary problems. As egregious and inexcusable is this is, the fact is that the Federal Government kept this fact hidden from the general public. These findings are set-forth in the report. What this translates to is an increased of harm that can lead to injury or death. Primarily this is […]
  • Insufficient Staffing at Nursing Homes
    Residents of nursing homes are all too often the victims of abuse, neglect and substandard care. Federal standards (Nursing Home Reform Law) mandate that every resident is entitled to the highest practicable level of physical, mental and psychological well-being. Regrettably, there has been a significant rise of violations of residents’ rights over the last several years. One theme that appears to predominate this trend is insufficient levels of staffing. This leads to our most vulnerable citizens suffering needless pain and humiliation. Our friends at the Long Term Community Coalition recently published a policy brief that reviewed and […]
  • Nursing Homes in New York Rated Poor
    Staffing, staffing, staffing.  All too frequently insufficient staffing leads to a lack of quality care and preventable harm.  Failure to adhere to Government standards indicate that most nursing homes do not have the levels of staffing necessary to meet the needs of typical nursing home residents. Star ratings are designed to help individuals and their families make informed choices.  Ratings can be deceptive as nursing homes often know in advance when their facility will be audited.  Look for homes that consistently have “good” ratings and do not have “many” violations. The Centers for Medicaid/Medicare Services has implemented […]
  • Independent Medical Examinations
    40,000 people killed in motor vehicle crashes, 4.5 million serious injuries. (Results from the National Safety Council.) In a personal injury lawsuit, the opposing side has the legal right to retain expert witnesses to examine you. You must attend. This doctor designated as “independent” is selected and paid by that side; i.e. insurance company. Independent Medical Examination = Misnomer These insurance or defense examinations are for one purpose only – to either deny or minimize a claim. The doctor is examining you not for the purpose of treatment, nor to help you find relief from your injuries. […]
  • Reporting Requirements Nursing Home Facilities
    Have You or a Loved One Been Harmed in a Nursing Facility Unfortunately, resident abuse, neglect and harm occur commonly happen in Nursing Homes. Have you or a loved one been harmed in a nursing facility. Are you or a loved one considering a nursing facility. Do you know someone who has been harmed in a nursing facility. Over the last two years abuse, neglect and harm have been occurring more frequently and with greater regularity in Nursing Homes, (as well as in other long-term care facilities).  Hopefully, a change to reporting requirements will help residents and […]
  • How To Choose A Nursing Home
    How to choose a nursing home can be confusing, worrisome, and outright hard.  It involves a decision that few are ready to make and with a responsibility that weighs heavily on those who must make it.  With this backdrop we offer 5 questions you should consider when making this decision. Questions that should be asked and answered before deciding on the nursing home for you or your loved one: Individual’s needs: Most important are the needs of the individual who will become a resident of the facility. For example, will this be a short term or long-term […]
  • Legionella Bacteria Found at Rockland Nursing Home
    Recent testing confirms that Legionella bacteria was found in water samples collected from Pine Valley Center for Rehabilitation and Nursing located in Hillcrest, New York. Legionella, also known as Legionnaires Disease, is a potentially dangerous condition. It may cause pneumonia and other potentially dangerous ailments. Fortunately, there have been no reported injuries. However, this does not mean that there are no injuries or harmful effects. If you or someone you know suspects that they have been injured, seek out immediate medical attention. One of the most common ways it is spread is through a shared water environment, […]
  • Bedsores Suggests Nursing Home Neglect
    You or a loved one face the usually daunting task of having to select a nursing home as one’s residence. You expect that the home will provide care that is needed and necessary. Sadly, nursing home neglect does occur which may lead to the development of a bedsore. Here is a chart of the stages of a bedsore. There is a “5th stage”, known as unstageable. At the foot of this article is a picture of a bedsore to the low back. Intentionally placed there as it is graphic and disturbing. Bedsores also commonly referred to as […]
  • Nursing Home Staffing Requirements
    Nursing Home staffing is proven as vitally important to resident care. Staffing is critical as Nursing Home residents require varying degrees of hands on and professional care. Dedicated nurses, aides and other professionals all are part of a collaborative team. Good and accepted nursing home practice establishes policies as to what is proper. Studies repeatedly confirm that facilities with insufficient levels of staffing are responsible for disproportionate instances of harm, abuse and neglect. This clear fact is not a reflection on the countless numbers of dedicated woman and men who care for residents of Nursing Homes. It […]
  • Preventable Injury, Loss of Dignity and Premature Death Too Often Forsaken at Nursing Homes
    Preventable Injury, loss of dignity and premature death are too often forsaken at Nursing Homes. The culprit, most often: corporate greed taking priority over appropriate and necessary resident safety. The cure: requiring operators to spend necessary sums on hiring qualified and proper training. Too many nursing home operators fail to spend reasonable sums to hire qualified staff and fail to provide the resources to properly train staff. Study after study confirms that the primary cause of preventable harm is staffing deficiencies. Why don’t Nursing Homes spend money? Regrettably, it is as simple as profits over people. With […]
  • What is Nursing Home Negligence?
    Have You or a Loved One Been Injured in a Nursing Homes Nursing Home negligence generally holds that a Nursing Home is responsible for death or injury when management or staff members should have taken some action to prevent an incident from occurring. All Nursing Homes are required to comply with safety precautions. Federal and State Statutes, accepted standard of care, and policy and procedure all set-forth reasonable requirements that are in place to protect you or a loved one. When a preventable or avoidable injury or harm occurs due to a failure to comply with any of these legal […]
  • How Much Money is My Bedsore Worth?
    The answer is “it depends”.  Bedsore cases have been resolved for a million dollars, or more, and others for significantly less.  This is because every case is different. How much money a bedsore, or pressure ulcer, lawsuit is worth can range from tens of thousands of dollars to hundreds of thousands of dollars.  In rare instances, verdicts have exceeded over a million dollars.  Every qualified lawyer knows that the value of your case depends upon its own unique set of facts and circumstances Of course, there are ranges that are based upon results in other “similar” cases.  […]
  • Coronavirus Implications for Nursing Home Residents
    Nursing homes in NY opened July 15 for in person visits First and foremost, we hope you and your loved ones are safe, healthy, and doing everything within your ability to minimize the risk of this virus. The Coronavirus and the potential implications for nursing home residents is real and extremely serious. Our seniors our most vulnerable to the affects of this pandemic. Being a little older combined with an underlying health condition places one at a heightened risk from a complication of the coronavirus (COVID-19). On March 13, 2020, the Centers for Disease Control and Prevention […]
  • Coronavirus Deaths in Nursing Home Continue to Climb
    Nursing homes in NY opened July 15 for in person visits Senior citizens and other residents of Nursing Homes are most likely the largest segment of our society harmed and killed by Covid-19. Coronavirus deaths in nursing homes continue to climb and are severely under-reported. Had did this happen, how did this occur, and what is being done to stop the loss of life? Why is the corona virus wreaking havoc? Reasons: Nursing homes were notoriously understaffed before the Pandemic. Without sufficient staff to care for and treat nursing home residents became near impossible. There are no […]
  • Federal Government Provides Nursing Homes Ratings
    Nursing homes in NY opened July 15 for in person visits The Federal government provides Nursing Homes ratings to assist in the selection process. Five-stars is the highest rating and one star is the lowest rating.  One-star facilities are deemed to have sufficient staff to meet resident needs.  This includes sufficient staff to administer activities of daily living (ADLs), and provide meals, medications, and necessary treatments. The Centers for Medicare & Medicaid Services (CMS) provides this “quality rating system” is to provide consumers, their families and caregivers with a readily available comparison of Nursing Homes. As stated […]
  • Coronavirus Immunity
    New York Health Care Industry Blanket Immunity CORONAVIRUS IMMUNITY On August 3, 2020, Governor Mario Cuomo signed a law that permits nursing homes and hospitals to be held accountable for harm and neglect caused by Covid-19. This is a major update on corona virus immunity and extremely positive news for the victims and families who had their legal rights stripped away in the early days following the declaration of the pandemic. With rapid succession: The Covid-19 pandemic is declared; New York lock down; Governor Cuomo signs an Executive Oder giving the health care industry blanket immunity for […]
  • Death From Covid-19 In A Nursing Home
    THE TRAGIC LOSS OF A LOVED ONE DUE TO COVID-19 IN A NURSING HOME There were epic failures in the preparation, management, and handling of the coronavirus pandemic in nursing homes.  Losing a loved one is never easy.  Losing a loved one at the wrong time and for the wrong reason is not acceptable. If you lost a loved one in a nursing home during this pandemic a lawsuit is an option to consider.  The sad reality is that the true number of people who died in nursing homes is likely never to be known.  A great many […]
  • New York Nursing Homes, COVID-19, Pandemic
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