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LTC Liability Monitor

A weekly e-mail newsletter for SNFs and Long-Term Care professionals that delivers the latest news in reducing risks and avoiding the legal headaches associated with them.

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LTC Liability Monitor

Issue 2, July 14, 2005

• California SNF amputee awarded $12 million

  A Los Angeles nursing home, Western Convalescent Hospital, must pay $12 million to 62-year-old...

Issue 51, December 29, 2005

• Georgia facility to pay record settlement

  A Lawrenceville, GA, nursing home agreed to pay $2.5 million to settle neglect charges at the...

• Older dementia drugs no safer, study finds

  Several studies released earlier this year suggested newer antipsychotic drugs nearly doubled the...

• Cost concerns 'water down' Illinois SNF law

  Proposed changes to Illinois' Vulnerable Adults Protection Act would exempt current nursing home...

Issue 50, December 22, 2005

• Maryland officials press SNF to close

  Maryland state officials are working to shut down a Hagerstown nursing home and find alternative...

• Study: Powerful heartburn drugs pose diarrhea risk

  A new study suggests that popular heartburn drugs such as Prilosec, Prevacid, and Nexium can lead...

• Six charged in Medicare wheelchair fleecing scheme

  Two physicians and four business owners in the Kansas City area have been charged with defrauding...

Issue 49, December 15, 2005

• Gulf coast nursing home review finds no safety nets

  Hundreds of nursing homes in hurricane-ravaged sections of Texas and Louisiana had either faulty...

• Michigan SNF fire leaves two dead, 60 injured

  A nursing home in Ishpeming Township, MI, caught fire earlier this week, leaving two residents dead...

• Fire safety bill would mandate automatic sprinklers

  Speaking of fire safety, all nursing homes would need to install automatic sprinkler systems within...

Issue 48, December 8, 2005

• Report: Overall SNF quality shows minimal gains

  Nursing home deficiencies for SNFs causing actual harm to residents declined from 7% to 6.5% from...

• Advocacy group examines mentally ill in nursing homes

  A Washington, DC-based group seeks to determine whether Connecticut is violating state and federal...

• Scalding in Canada SNF prompts safety inquiry

  An inquiry into the fatal scalding of an Edmonton SNF resident revealed that the tub she was placed...

Issue 47, November 24, 2005

• St. Louis nursing home CEO pleads not guilty to fraud

  Robert Wachter, the former CEO of a SNF chain in the St. Louis area, plead not guilty this week to...

• Study finds risks in sleep aids for seniors

  A study by the Centre for Addiction and Mental Health in Toronto suggested that sleep aids, despite...

• Web site allows check for sex offenders in SNFs

  A Web site created by California-based senior citizens rights advocate Wes Bledsoe allows Internet...

Issue 46, November 17, 2005

• Advocacy group sues to ensure Part D enrollment safeguards

  The New York-based consumer advocacy group Medicare Rights Center (MRC) filed suit Monday...

• California officials lock horns over SNF complaints

  Two California state senators took the State Department of Health Services (DHS) to task this week...

• Meds-stealing CNA headed for jail

  A former certified nursing assistant (CNA) at a West Virginia nursing home plead guilty to charges...

Issue 45, November 10, 2005

• Resident's pregnancy ignored, says Illinois CNA

  A certified nursing assistant (CNA) at Bloomingdale, IL, SNF said she told a supervisor about a...

• Antipsychotics increase risk of death in Alzheimer's residents

  Newer antipsychotic medications pose an increased risk of death in elderly dementia residents...

• Elderly women can prevent falls with exercise

  A new study published in the Journal of the American Geriatrics Society added fall prevention to...

Issue 44, November 3, 2005

• New York City SNF evacuation plans a 'disaster'

  The gulf coast hurricane disasters prompted SNFs nationwide to take a hard look at the...

• Recovered bodies ruled insufficient for evidence

  The bodies recovered from nursing homes and hospitals in New Orleans in the wake of recent...

• Settlement reached in 2003 Texas SNF death

  A wrongful death lawsuit prompted by the 2003 choking death of a SNF resident in Plainview, TX, was...

Issue 43, October 27, 2005

• Charges dismissed in Iowa SNF case

  After a nearly six-year criminal investigation, federal prosecutors dismissed charges against SNF...

• CANHR takes aim at California health department

  The California Advocates for Nursing Home Reform (CANHR) this week brought suit against...

• Colorado CNA pleads guilty to nursing home rape

  A certified nursing assistant (CNA) at a Greeley, CO, nursing home plead guilty to one count of...

Issue 42, October 20, 2005

• Research targets unintentional weight loss

  Nursing home residents are at risk for significant unintentional weight loss. That's what drove...

• Ohio SNF resident dies after fall in stairwell

  A 90-year-old resident of Autumn Aegis Retirement Community in Lorain, OH, died after tumbling down...

• Report questions antipsychotic drug prescriptions

  Researchers are questioning the appropriateness of prescribing antipsychotic drugs to some SNF...

Issue 41, October 13, 2005

• Focus on fire safety regulation for nursing homes

  A majority of the country's 16,000 registered nursing homes violate federal fire safety standards...

• Pennsylvania SNF to close following wheelchair deaths

  A nursing home near Harrisburg, PA, announced it would close after the state Department of Health...

• Wrongful death case tossed

  A Napa, CA-based assisted living facility (ALF) won’t have to pay damages in wrongful death...

Issue 40, October 5, 2005

• New York SNF sued over misconduct, racial slurs

  The U.S. Equal Employment Opportunity Comission (EEOC) slapped a Flushing, NY, nursing home with a...

• Embattled Iowa nursing home without a steward

  An Iowa nursing home where a resident was allegedly raped by one of her caregivers has been without...

• Arson alleged in Florida assisted living facility fire

  Police determined a 73-year-old resident set fire to an assisted living facility in Miami Lakes...

Issue 39, September 29, 2005

• Diabetic SNF residents 400 percent more likely to fall

  Diabetic nursing home residents are four times as likely to fall than non-diabetic residents...

• Washington nursing home resident nets $8M in neglect lawsuit

  A former SNF resident received more than $8 million in a civil lawsuit that alleged severe neglect...

• Nurse staffing levels jeopardize worker safety

  Having fewer nurses on staff often means more SNF worker injuries, not to mention spikes in...

Issue 38, September 22, 2005

• Red Cross chapter to test SNF evacuation plan

  The Southwestern Chapter of the American Red Cross will test a nursing home-specific disaster drill...

• Los Angeles SNF sued after prohibiting Spanish

  A nursing home in Los Angeles' Torrance neighborhood was sued last week by the U.S. Equal...

• Vermont SNF won't recognize legal marijuana

  A resident afflicted with multiple sclerosis (MS) at Starr Farm Nursing Center in Burlington, VT...

Issue 37, September 15, 2005

• St. Rita's owners charged with 34 counts of homicide

  What began last week as one of the most tragic and inexplicable stories to come out of the...

• Identity theft on the rise in long-term care

  Residents of SNFs and assisted living facilities are among the most vulnerable targets for identity...

• Oklahoma nursing home still hasn't paid fine

  A Tulsa, OK-based SNF-closed since an inspection last summer found a wide range of violations and...

Issue 36, September 7, 2005

• Hurricane-ravaged SNFs granted reprieve from Medicare, Medicaid requirements

  CMS has offered a reprieve from certain Medicare and Medicaid requirements for Katrina-affected...

• Medication dumping at SNFs not a sustainable solution

  It is common practice for many healthcare facilities, especially nursing homes, to dispose of...

Issue 35, September 1, 2005

• SNF residents evacuated in Gulf cities

  While nursing homes in Florida got off relatively unscathed, Louisiana and Mississippi SNFs faced a...

• California law takes hard line with financial abuse on elders

  California Gov. Arnold Schwarzenegger this week signed a bill that will require bank, credit union...

• New York CNA jailed for breaking resident's arm

  A Newburgh, NY certified nursing assistant (CNA) will serve eight weekends in prison after breaking...

Issue 34, August 25, 2005

• Florida SNF lawsuits drop sixty percent, thanks to 2001 reform

  The overall number of lawsuits filed against Florida's nursing homes declined by 60% since reforms...

• Lawyers in Tennessee SNF fire trial request new judge

  A trial judge presiding over wrongful death lawsuits related to a 2003 Nashville nursing home fire...

• Former Pittsburgh nursing home administrator nailed for fraud

  After two days of deliberation, a federal jury this week found the former head of a shuttered...

Issue 33, August 18, 2005

• Staffing problems abound in California nursing homes

  The California HealthCare Foundation this week released an extensive report on the state's nursing...

• Flu vaccinations to be required for all SNF residents

  Starting this fall under a new proposal, SNFs that fail to offer vaccinations for influenza and...

• Body exhumed in Indiana SNF death investigation

  The body of a deceased Indiana SNF resident was exhumed as part of an investigation into her death...

Issue 32, August 11, 2005 - VIEW THE FULL ISSUE

• Louisiana officials to review "lax" nursing home penalties

  State officials in Louisiana this week announced a massive review of the state's regulatory system...

• New device eases balance disorder problems

  Scientists at the Oregon Health and Science University in Beaverton, OR, this week unveiled a new...

Issue 31, August 4, 2005

• House approves Medical Error Database legislation

  The U.S. House of Representatives voted 428-3 in favor of a bill that would create the country's...

• Texas is first to pass safe resident handling law

  Texas state officials passed a law requiring hospitals and SNFs to develop policies on how to...

• "Simple reminder" would reduce catheter infections

  If hospitals and SNFs used a "simple reminder" system, said a recent study, millions of residents...

Issue 30, July 28, 2005 - VIEW THE FULL ISSUE

• Gangrene leads to charges for FL assisted living facility

  An investigation of a Lake Worth, FL assisted living facility by the Florida attorney general's...

Issue 29, July 21, 2005

• Chicago area SNF sued over pregnancy

  The mother of a disabled, pregnant, 23-year-old SNF resident seeks more than $1 million in damages...

• Nursing homes among New York Medicaid frauds

  Over the course of several decades, New York's state Medicaid program has reportedly experienced...

• Study finds mixed views on SNF care

  A study released last week from the Kaiser Family Foundation revealed some negativity and lapses in...

Issue 28, July 14, 2005 - VIEW THE FULL ISSUE

• Ohio nursing home cited in sunbather's death

  The Ohio state health department cited a Waterville-based nursing home this week after a...

Issue 26, July 7, 2005

• Non-emergency ALF calls strain fire resources

  A strain on fire department resources in Rancho Cucamonga, CA, is due to a specific increase in...

• Pennsylvania ALF loses track of residents

  At the New Seasons Assisted Living Community at Hill House in Bensalem, PA, six residents have...

• Senate bill promotes alternatives to liability systems

  U.S. Senators Max Baucus (D-MT) and Mike Enzi (R-WY) last week introduced the Fair and Reliable...

Issue 24, June 16, 2005

• Nursing home antipsychotics use questioned

  The use of antipsychotic medications in nursing homes is at its highest in more than a decade, and...

• Research inconclusive on tort reform effectiveness

  States that have enacted legislation to cap non-economic damages in medical malpractice cases...

• Elder weight loss spells trouble

  Elders who lose their appetites are more likely to die within six months, a geriatric expert told...

Issue 23, June 9, 2005

• Vitamin D may help reduce falls

  Boston researchers found that nursing home residents who received 800 international units (IUs) of...

• HIPAA loses some teeth

  The Department of Justice ruled that the HIPAA privacy rule applies to covered entities such as...

• Background checks yield disturbing results

  Nearly 500 of 5,500 certified nursing assistants (CNAs) surveyed in central Michigan had...

Issue 21, May 25, 2005

• Hazardous duty?

  Working in a nursing home is among the most dangerous jobs in the U.S., ranking up there with...

• New "C. diff" strain more toxic

  A more toxic strain of Clostridium difficile--a bacteria usually found in hospitals and nursing...

• Convicted nurse helps authorities

  A nurse who pleaded guilty to killing 24 hospital patients by injecting them with lethal doses of...

Issue 20, May 18, 2005

• Former administrator sues state

  A former nursing home administrator who claims she was wrongly accused of exploiting a resident is...

• Nurse's aide gets six months on abuse charge

  A Vermont licensed nurse's aide was sentenced to six months in jail for elder abuse related to drug...

• South Carolina facility settles with family

  The family of a South Carolina nursing home resident who died from gangrene has settled with the...

Issue 19, May 13, 2005

• OK alleges serious health violations, closes facility

  The Oklahoma Health Department closed a Cleveland County facility last week after an inspection...

• State takeover of nursing home delayed

  judge has given the two sides in a debate over control of a Chicago-area nursing home until this...

• Nursing home bill awaits governor's approval

  A bill calling for sweeping reform of Oklahoma's nursing home regulatory body awaits the governor's...

Issue 18, May 5, 2005

• Video recording at center of fire lawsuit

  Both sides in a nursing home lawsuit are using a video surveillance tape in an attempt to assign...

• Report examines liability insurance costs

  The long-term care industry has seen a massive increase in liability insurance and the cost of...

• Bookkeeper gets four years for theft

  A bookkeeper who stole more than $172,000 from the nursing home at which she was employed was...

Issue 17, April 28, 2005

• MN governor calls for nursing home overhaul

  Minnesota's nursing home system is 30 years out of date and needs a complete overhaul, Governor Tim...

• Daughter sues KY facility in death of mother

  A Kentucky woman has filed a neglect and wrongful death lawsuit against the nursing home at which...

• Groups voice concern over nursing home bill

  A group of vocal critics are speaking out against Kansas Governor Kathleen Sebelius' approval of a...

Issue 16, April 22, 2005

• Illinois town prohibits sex offenders in nursing homes

  In an attempt to protect the community from the residents of one facility, Chicago-area officials...

• "Granny-cam" bill supporters discouraged, but not defeated

  The supporters of the Arkansas "granny-cam" bill have vowed to keep working towards establishing...

• Louisiana lawmaker regulates, owns nursing home

  The same man who heads up the legislative committee in charge of regulating nursing homes in...

Issue 15, April 14, 2005

• Oklahoma to overhaul nursing home examiners board

  An Oklahoma senate committee approved a bill to vacate the state board of nursing home examiners...

• Louisiana considers background checks on residents

  A Louisiana lawmaker has proposed a bill that would require background checks on people applying...

• Iowa CNA charged with abuse

  An Iowa certified nursing assistant has been charged with four counts of abuse for events that...

Issue 14, April 6, 2005

• Nursing home sued over clogged breathing tube

  The sister of a man who allegedly died after his breathing tube became clogged has filed a federal...

• Kansas bill would bar survey results in court

  A bill awaiting Kansas Governor Kathleen Sebelius' approval could make nursing home inspection...

• Nurses oppose medication aide bill

  Registered nurses (RNs) employed in Illinois nursing homes are voicing their opposition to a...

Issue 13, March 30, 2005

• California charges caregivers in neglect case

  A California court case may change the way the state prosecutes nursing home neglect, the San...

• Illinois considers medication-aide bill

  Lawmakers in Illinois are considering a bill that would allow certified nursing assistants (CNAs...

• Amputee sues nursing home

  An 83-year-old woman has sued a Pennsylvania nursing home after an untreated wound led to the...

Issue 12, March 23, 2005

• Wisconsin reaches record settlement

  The Wisconsin Department of Justice's Medicare Fraud Control Unit has reached a $2.3 million...

• Nursing home to pay CMS $10K

  A Virginia nursing home has been fined $10,000 by the Centers for Medicare and Medicaid Services...

• New law will protect facilities from lawsuits

  The Georgia legislature voted Monday to protect from lawsuits health care agencies providing care...

Issue 11, March 16, 2005

• Company tries to stop enforcement of law

  Formation Capital LLC, the company in line to take over Beverly Enterprises, has filed suit in...

• Nursing homes sue state over Medicaid payments

  A group of 58 New York nursing homes filed a lawsuit against the state alleging the Medicaid...

• North Carolina fixes background check law

  The North Carolina legislature has approved a slightly altered version of a 2004 criminal...

Issue 10, March 9, 2005

• Compromise reached on "granny-cam" bill

  The two sides of a heavily debated Arkansas nursing home surveillance bill have reached a...

• Ex-husband sues nursing home, vocational program

  The ex-husband of an Arkansas nursing home resident who was crushed to death by a bus has sued the...

• State approves overhaul of board of examiners

  Oklahoma lawmakers unanimously approved a bill that will completely revamp the State Board of...

Issue 9, March 2, 2005

• State considers award cap on pain and suffering

  Missouri lawmakers are discussing legislation that would cap economic awards for pain and suffering...

• Medication errors hurt one in 10 residents

  Medication errors are all too common among nursing home residents, with nearly one in 10 nursing...

• Husband sues assisted living facility

  A Connecticut man is suing the administrator and owners of the Florida assisted living facility...

Issue 8, February 23, 2005

• Lawmakers consider "granny-cam" bill

  Arkansas legislators will consider a bill this week authorizing the use of surveillance cameras in...

• State expands background checks

  Alaska is beefing up its background check policies for personal care workers in hopes of preventing...

• Governor endorses nursing home legislation

  A bill to curb nursing home abuse is gaining strength in the Kentucky General Assembly after a show...

Issue 7, February 17, 2005

• Settlement reached in rubber-glove restraint case

  The family of a Florida woman who choked to death on a rubber glove in 2002 has reached a...

• Physician charged with falsifying documents

  The Maryland medical disciplinary board has charged a physician-legislator with falsifying...

• President's budget could hurt vets' nursing homes

  President Bush's proposed 2006 budget would cut $496 million from veterans' nursing homes, U.S...

Issue 6, February 10, 2005

• Nursing home smoking policy criticized

  Washington nursing homes are stuck between a rock and a hard place as they attempt to satisfy state...

• State facilities expected to miss sprinkler deadline

  A Connecticut lawmaker is proposing legislation to delay the requirement for the installation of...

• Resident sues ALF for alleged negligence

  An 82-year-old woman is filing a lawsuit against an ALF, alleging that it failed to provide...

Issue 5, February 2, 2005

• Nursing home lobby proposes higher payouts to state

  Legislation to allot a portion of neglect and abuse lawsuit settlements to state Medicaid has been...

• Hundreds of sex offenders living in nursing homes

  A nursing home watchdog group found 380 registered sex offenders living in nursing homes in 37...

• AG warns against English-only policies

  Massachusetts Attorney General Thomas Reilly issued an advisory opinion warning state nursing homes...

Issue 4, January 26, 2005

• Company found guilty of manslaughter

  In an unusual court case, a health care company was convicted of manslaughter in connection with a...

• Governor signs abuse bill

  Massachusetts Governor Mitt Romney has signed a law increasing civil and criminal penalties for...

• Unlicensed nurse investigated

  State regulators are investigating a man who worked at a Texas nursing home without a nursing...

Issue 3, January 20, 2005

• Former board members must pay $13 million

  Two former board members of a now defunct nursing home were ordered to pay the state of Indiana...

• Facility fined $80K in dehydration death

  Health department inspectors fined a Vallejo, CA, nursing home $80,000 in connection with the...

• State to bail out veterans' homes

  The Mississippi Senate and House voted unanimously to allot $2.3 million for four veterans' nursing...

Issue 2, January 12, 2005

• Bush demands tort reform

  President Bush called for a $250,000 cap on noneconomic damage awards-including physical and...

• AHCA backs fire safety legislation

  The American Health Care Organization (AHCA) is urging Congress to pass the Nursing Facility Fire...

• Legislation to increase state involvement with nursing homes proposed

  Rhode Island lawmakers are considering a new nursing home bill to increase regulation of finances...

Issue 1, January 5, 2005

• Facility likely to close due to violations

  An Iowa nursing home accused of providing inadequate care may be forced to close, according to...

• Physician to pay $100K Medicare fraud settlement

  A Braintree, MA, physician agreed to pay $100,000 to the federal government last week to settle...

• FBI blocks background checks

  The FBI is preventing North Carolina officials from putting into effect a law that would enable...