Pennsylvania Nursing Home Abuse Lawyer Blog

Schuylkill County Nursing Home Receives Compliance Award

Fri, 18 May 2012 09:26:20 -0500

The Pennsylvania Department of Health announced recently that Schuylkill Center along with three other nursing facilities received the state's new "Award for Excellence in Health Care Compliance."
According to Department of Health Secretary Dr. Eli N. Avila the department believes it is important to inform the public of those facilities that go above and beyond the rest in hopes of inspiring other nursing homes to strive to earn the award in the future.
Foulkeways at Gwynedd, and The Meadows at Shannondale, Audubon, both in Montgomery County; and Pennsylvania Hospital Skilled Care Center, Philadelphia, were also honored.
According to a news release, the Department of Health's Division of Nursing Care Facilities is responsible for the licensing and oversight of 713 nursing homes statewide. The division conducts approximately 5,000 inspections annually, including licensure and certification surveys, follow-up surveys and complaint investigations.
All nursing homes in Pennsylvania were eligible for the award, and did not need to apply for consideration.
Facilities had to show no state citations over the last three calendar years based on annual health survey inspections. The four selected facilities met that criteria and will be presented the award at their facilities in the coming months.
The announcement of the "Award for Excellence in Health Care Compliance" is in recognition of the American Health Care Association's National Nursing Home Week.

PA Patient Safety Authority Highlights Increases In Patient Safety Education

Thu, 03 May 2012 10:23:59 -0500

The Pennsylvania Patient Safety Authority focused its 2011 annual report of the programs and collaborations that focused on preventing wrong-site surgery and decreasing health-care associated infections.
Stanton N. Smullens, M.D., acting chairman of the authority said in a news release that the authority broadened its scope of educational activities and increased the number of courses and collaborations to include areas such as reducing healthcare-associated infections in ambulatory surgical facilities. He said because of the increase in programs as well as the Patient Safety Liaison program, the attendance at the programs has more than doubled.
The Patient Liaison program began in 2008 as a way to ensure Patient Safety Officers are aware of the resources available to them from the authority and other safety leaders.
Smullens also said that through the PSL program, relationships between competing healthcare facilities have improved because of the common goal of improved safety in areas like preventing mislabeled blood samples and wrong site surgery.
Through a federal program Partnership for Patients, the authority has partnered with the Hospital and Health System Association of PA and will receive about $1.6 million over two years to focus on decreasing falls, wrong-site surgery and adverse drug events. Other collaborations include programs to improve preoperative screening and assessment to help prevent surgical-site infections.
Smullens also said the annual report highlights efforts to combat healthcare associated infections in nursing homes.
Last year the authority assessed 10 nursing homes to determine how they prevent infections which gave the authority information to evaluate hand hygiene, process monitoring, and environmental measures.
Other areas included in the report were the threat of norovirus outbreaks, healthcare worker vaccination rates, skin and soft tissue infections in long-term care, preventing bloodborne disease transmission; and central-line-associated bloodstream infection prevention.

PA Labor Relations Board to Hear Nursing Home Pension Dispute

Fri, 27 Apr 2012 09:00:40 -0500

According to the Erie Times News, the state board will hear a dispute over proposed changes to a pension plan of employees at Pleasant Ridge Manor, Fairview Township and Pleasant Ridge Manor-East, Millcreek Township, both owned by Erie County.
AFSME, the union representing the employees has filed an injunction and an unfair labor practice complaint with PLRB arguing that under state law, pension changes must be negotiated through the union.
According to court information, the county council approved a hybrid pension change that allows about half of the almost 360 nursing home employees to continue to accrue benefits while for the other half, pension accrual would stop. Those employees and others hired after January 1 could opt into a new 401(k) in which Pleasant Ridge would match dollar for dollar, the first three percent of the employee's contribution. The county wants the pension changed as part of a cost savings measure that also includes consolidating the two facilities.
The council is considering building a new nursing home that could cost more than $60 million as well as a less costly alternative-moving Pleasant Ridge-East patients into Pleasant Ridge and upgrading that facility.
President Judge Ernest J DiSantis prohibited the county from making the pension changes until he or the PLRB authorized them.

PA Personal Care Home Emergency Closures Decline

Fri, 20 Apr 2012 08:49:20 -0500

The state Department of Public Welfare recently released the 2011 Adult Residential Care Licensing report.
The report highlights the department's efforts to keep personal care homes safe for Pennsylvania residents.
According to a news release, DPW licensed 1,326 personal care homes, providing care to 47,000 adults with physical or mental disabilities who require help with tasks such as bathing, dressing, or medication management.
In 2011, the average number of violations per inspection dropped for the fourth consecutive year, and well below the 2008 average. The report also shows a decrease in emergency closures, with three homes closed because of emergency conditions in 2011. Seven homes were closed for that reason in 2010.
DPW states adults with physical or mental disabilities are more vulnerable to abuse and neglect, especially if placed in unlicensed care.
If you suspect a facility is unlicensed or want to file a complaint, call toll-free - 1-877-401-8835.
The complete 2011 Adult Residential Licensing Annual Report is online at http://www.dpw.state.pa.us/ucmprd/groups/webcontent/documents/report/p_012112.pdf. For more information about the Department of Public Welfare, visit the department's website at www.dpw.state.pa.us.

Report Warns Nursing Homes May Not Be As Prepared for Natural Disasters

Tue, 17 Apr 2012 10:40:45 -0500

A recent analysis by the Department of Health and Human Services' Office of the Inspector General is reporting that many U.S. nursing homes do not have adequate plans in place in case of natural disasters.

According to an article on McKnight's Long-Term Care News, emergency plans for some long-term facilities were missing information, including only about half of the tasks that are found on the checklist for facility responses provided by the Centers for Medicare & Medicaid Services.

In the article, the report states, "Nursing homes faced challenges with unreliable transportation contracts, lack of collaboration with local emergency management, and residents who developed health problems. LTC ombudsmen were often unable to support nursing home residents during disaster; most had no contact with residents until after the disasters."

The report recommended a revision of federal regulations for emergency management and training, updating the State Operations Manual, and promoting the use of emergency checklists.

Sapovirus on Rise in Nursing Homes

Thu, 12 Apr 2012 10:05:18 -0500

Norovirus, more commonly known as the stomach bug, is a germ that can spread quickly through food, on surfaces, and person-to-person. It's hallmark symptoms including diarrhea, vomiting, and stomach pain. Now, new research has found that a close relative to the stomach bug, sapovirus, may be on the rise in nursing homes and long-term care facilities.

According to an article on MSNBC.com, sapovirus was once considered a rare bug. But after a study of 2,000 gastrointestinal outbreaks in Oregon and Minnesota, researchers have found that sapovirus is one they need to study.

Sapovirus has the same symptoms as the stomach bug, but can also include fever. It also spreads person-to-person, on surfaces, and through food.

It has previously been considered a sporadic illness in children, but is now being found in large percents in long-term care centers. Although it last for a brief time in most people, children and the elderly as well as those with weakened immune systems often have a harder time fighting it. Saporvirus in the elderly can lead to hospitalization or death.

The best way to fight both norovirus and sapovirus: good hand hygiene, careful food preparation, and attention to environmental cleanliness.

Integrated Health System to Cover North Central Pennsylvania

Wed, 11 Apr 2012 08:46:46 -0500

According to The Sunbury Daily Item, Susquehanna Health and Laurel Health System have announced plans to create a regional integrated health system to cover north central Pennsylvania.
The benefits to the partnership include increased access to medical specialists, expansion of services in local communities and the establishment of a community health foundation, administrators at Susquehanna Health told The Daily Item.
The agreement is expected to be finalized by July 1, pending review by the state Attorney General.
Susquehanna Health President and Chief Executive Officer Steven P. Johnson told The Daily Item joining together into a larger system enhances the quality of care while improving efficiency on a wider scale.
According to Ronald J. Butler, President and Chief Executive Officer of Laurel Health System, priorities for the partnership will include recruiting physicians and launching programs to bring vital healthcare services closer to home for area residents--with an initial focus on cancer services.

Officials Hopeful Residential Facility for Special Needs Seniors Will Remain Open

Tue, 03 Apr 2012 09:23:20 -0500

According to a story in The Delaware County Times, an agreement could be reached between Elwyn and the state of Pennsylvania over licensing issues of its Valley View residential facility for deaf and deaf-blind senior citizens located in Media, Delaware County.
Valley View is a senior adult day program and residential facility that serves the deaf and deaf/blind community. The staff is trained to address the unique set of challenges and medical needs of the elderly. Elwyn has programs in four states, including Pennsylvania, and has been developing unique and innovative services for people with disabilities for 110 years.
In early March Elwyn was notified by state officials that Valley View would be closed because of licensing issues but that deadline has been extended.
Since Valley View is the only nursing/assisted living home in the state that's fully accessible to those who use ASL to interact with a staff, it does not fall under licensing requirements for a nursing home or assisted living facility. Therefore, government departments have been unable to find an appropriate category to permanently license it.
Some believe the deadline was extended to come up with a viable solution to keep the facility open while others fear it is only buying the state more time to relocate the Valley View residents.
A rally organized by the Pennsylvania Society for Advancement of the Deaf took place Saturday outside the facility to raise awareness that the facility might be forced to close and drew a large turnout.
The Times story states that through an American Sign Language interpreter, speakers relayed the importance of keeping the facility open and not moving its 40 elderly residents in other nursing homes that serve the hearing community. They stressed that without 24/7 communication access in ASL the patients could feel isolated and this could lead to deterioration of mental and physical health.
Among those addressing the rally was Dr. Larry S. Taub, head of the Pennsylvania School for the Deaf who attended as a member of the deaf community.

Patients Remain in Long-Term Care at Saint Catherine

Sun, 01 Apr 2012 06:00:00 -0500

According to a press release from the state Department of Health, no patients remain in the hospital section of Saint Catherine Medical Center. However, there are still about 30 residents in the center's long-term care facility.

An article on the RepublicanHerald.com reports that the Department of Health on Friday banned emergency and outpatient procedures at Saint Catherine Medical Center in Fountain Springs. But its long-term care facility continues to operate, providing care to those with acute illness and those needing long-term care.

According to the article, future action to the hospital and its license is not ruled out. And the Centers for Medicare and Medicaid Services could also take action. In February of this year, Saint Catherine Healthcare Center was listed in the annual Nursing Home Compare List for having maintained a 1 star rating -- the lowest on the 5-star scale -- since 2008.

White Owl Manor Owner Begins Special Probationary Program

Sat, 31 Mar 2012 06:00:00 -0500

The owner of White Owl Manor personal care home entered a special probationary program this week after being charged with stealing money from a resident of the facility.

According to an article on the RepublicanHerald.com, the owner withdrew nearly $5,000 from the account of a former While Owl Manor resident without the resident's knowledge. The owner has made restitution to the former resident, and now hopes to have those charges dropped by successfully participating in the special probationary program.

In July 2011, the Mahanoy Township facility was closed by the state Department of Public Welfare (DPW) because the health and safety of the facility's residents were at risk. It was discovered that the facility violated state regulations by failing to report the deaths of three residents. As a result, DPW issued an emergency relocation order which involved finding new homes for White Owl Manor's 32 residents.

Restrictions Continue at Saint Catherine's Medical Center

Fri, 30 Mar 2012 08:44:07 -0500

In addition to a ban on new patients, Saint Catherine Medical Center may not perform surgeries at its Fountain Springs facility.

A letter provided to the Republican Herald from the state Department of Health stated, "Based on information provided during the investigation, it was determined the facility does not have the proper equipment and supplies to continue to provide surgical services. Until you can provide the department with evidence that the operating room equipment has been properly inspected, there is sufficient equipment and there are adequate supplies, the ban on admissions also applies to your surgical services department and no surgical procedures may be performed unless and until the ban is lifted."

An investigation to determine whether the facility had been adhering to state licensure and federal Medicare and Medicaid regulations prompted the ban on new admissions. The letter also stated that more action could be taken against the hospital.

We will continue to monitor this situation.

No New Patients for Saint Catherine Medical Center According to PA Department of Health

Thu, 29 Mar 2012 06:00:00 -0500

On the heels of last week's news regarding financial problems at Saint Catherine's Medical Center, the Fountain Springs hospital was dealt another blow this week by the state Department of Health: the facility may not accept new patients.

In an article in the RepublicanHerald.com, Department of Health Deputy Press Secretary Holli Senior explained the no-admissions order by saying, "On March 23, the Department of Health completed a complaint investigation at Saint Catherine Medical Center to determine compliance with state licensure and federal Medicare and Medicaid regulations for hospitals. As a result of this investigation, the department discovered serious deficiencies and violations of applicable regulations that it felt posed a significant threat to the health and safety of the patients at the facility. Therefore, a ban on new admissions was imposed."

The Department of Health reviews health care facilities regularly to insure the health, safety, and quality of care provided to patients, as well as making sure there are no deficiencies that could affect state licensure or eligibility for federal reimbursements through Medicaid and Medicare programs. Saint Catherine's has not been closed and can continue to operate as the deficiencies and regulation violations are addressed. As of yet, the hospital's board of directors had no comment on the no-admissions order.

Former Philadelphia Hospice Workers Charged With Medicare Fraud

Wed, 28 Mar 2012 09:14:08 -0500

An indictment was unsealed this week charging five nurses formerly employed at Home Care Hospice Inc, Philadelphia, with multi-million-dollar fraud on Medicare.
According to 7thspace.com, an investigation by the FBI and Department of Health and Human Services-Office of Inspector General concluded between Jan. 2005 and Dec. 2008, about $9.3 million in fraudulent claims for inappropriate patients were submitted to Medicare by the facility.
The claims were authorized by Patricia McGill, 64, of Philadelphia, a registered nurse and director of professional services for HCH, and an unnamed hospice director for HCH.
Also charged are Natalya Shvets, of Southhampton, Giorgi Oqroshidze, of Philadelphia, Yevgeniya Goltman, of Newtown, and Alexsandr Koptyakov, of Bensalem, who the indictment states created fraudulent nursing notes for approximately 150 patients indicating hospice services were provided for patients.
According to the online article, in Feb. 2007, HCH was notified that it was subject to a claims review, and according to the indictment, in anticipation of the audit, McGill and the hospice
director sanctioning false documentation by the nursing staff, and authorizing the alteration of charts.

In Sept. 2007, HCH was notified it exceed its cap for Medicare reimbursement and would have to repay $2,625,047. McGill and the hospice director directed staff to review patient files and discharge hospice patients.
Seventy nine patients were discharged in Oct. 2007 and a total of 128 discharged by January 2008.
If convicted of all charges, McGill faces a potential 108 to 135 months in prison, a fine of up to $150,000, and a $1400 special assessment; Shvets, Goltman, and Koptykov each face a potential sentence of 27 to 33 months in prison, a fine of up to $60,000, and an $800 special assessment; Oqroshidze faces a potential sentence of 21 to 27 months in prison, a fine of up to $50,000, and a $700 special assessment.
HCH was co-owned by Matthew Kolodesh, who is charged separately.

Pennsylvania Cracks Down on Medicaid Fraud

Wed, 28 Mar 2012 09:13:20 -0500

According to a recent article on the Pottstown Mercury, since 2010 Pennsylvania has recovered more than $117 million due to Medicaid fraud and most of the money is going back to the Medicaid program.
This fraud, according to the article, has contributed to rising health care costs with at least 10 percent of state taxpayers affected by the increased costs.
Medicaid is a state-run program with an annual budget of $4.5 billion in state and federal funds and provides health care for low-income Americans. One-third of all children receive care through Medicaid, as do low-income pregnant women, disabled or blind people and nursing home patients, according to the U.S. Justice Department.
More than 50,000 health-care providers, including physicians, dentists, podiatrists, chiropractors, hospitals, home health agencies, ambulance companies, nursing homes, nurses and pharmacies contract with Pennsylvania's Medicaid program to provide health-care services to more than 1.5 million recipients.
Fraudulent activity has included billing for services not rendered, misrepresentation of services, false cost reports, kickbacks, medically unnecessary services and substandard care. Over the past three years, the Attorney General's Office has averaged about 60 arrests, including providers, pharmacists and other professionals, Nils Frederiksen, a spokesman for Pennsylvania Attorney General Linda Kelly, said in the Mercury article.

Woman Wanders from Pittsburgh Area Nursing Home

Thu, 22 Mar 2012 09:12:35 -0500

It's about as frightening as it gets: an elderly woman who suffers from dementia wandering the city streets alone in the early morning hours. But unfortunately, this story is real.

Earlier this week, the Post-Gazette.com posted an article about a 75-year-old nursing home resident who was finally found after she wandered away from the facility. The article said she left the home sometime between 2 and 6 A.M. She had been living at the nursing home for about a month and it is believed that she was may have been trying to return to her home in McKeesport.

It will be interesting to follow up with the details of this case. But what we have to question is this: if this resident suffered from dementia, shouldn't she have been in a secured unit in the nursing home? It's likely that her family placed her in the home because of complications from her dementia. So shouldn't the home have been more careful in monitoring her whereabouts?