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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.

2007 | 2006 | 2005 | 2004

LTC Liability Monitor

Issue 1, December 28, 2006

• Researchers to study dental care in the elderly

  Researchers to study dental care in the elderly

Issue 52, December 26, 2006

• Lawsuit filed for alleged understaffing

  Lawsuit filed for alleged understaffing

• New law will encourage whistleblowers

  New law will encourage whistleblowers

• Washington state to improve disaster plans

  Washington state to improve disaster plans

Issue 51, December 18, 2006

• Study finds financial incentives for hospitalization

  Study finds financial incentives for hospitalization

• Man allegedly kidnaps wife from nursing home

  Man allegedly kidnaps wife from nursing home

• Web site compares nursing homes in New York

  Web site compares nursing homes in New York

Issue 50, December 11, 2006

• Residents caught in middle of legal battle

  Residents caught in middle of legal battle

• Former facility owner to receive free legal support

  Former facility owner to receive free legal support

• Nursing home resident recovers from overdose

  Nursing home resident recovers from overdose

Issue 49, December 4, 2006

• Staff evacuated before roof collapse

  Staff evacuated before roof collapse

• Video surveillance catches resident neglect

  Video surveillance catches resident neglect

• Norovirus popping up in Wisconsin facilities

  Norovirus popping up in Wisconsin facilities

Issue 48, November 27, 2006

• Nurse aide won't receive unemployment benefits

  Nurse aide won't receive unemployment benefits

• Nursing home CEO fined for violations

  Nursing home CEO fined for violations

• Join National Influenza Vaccination Week

  Join National Influenza Vaccination Week

Issue 47, November 20, 2006

• Investigators look into possible drug overdose

  Investigators look into possible drug overdose

• State settles in Medicare and Medicaid fraud case

  State settles in Medicare and Medicaid fraud case

• Court maintains award in wrongful death suit

  Court maintains award in wrongful death suit

Issue 46, November 13, 2006

• Nursing home employee suspended

  Nursing home employee suspended

• Nursing home resident accused in death of roommate

  Nursing home resident accused in death of roommate

• Case may set legal precedent in Florida

  Case may set legal precedent in Florida

Issue 45, November 6, 2006

• CMS outlines rules for photography use

  CMS outlines rules for photography use

• Sexual harassment suit settled in New York

  Sexual harassment suit settled in New York

• Family member sues facility and medical director

  Family member sues facility and medical director

Issue 44, October 30, 2006

• Violations keep facility from Medicare funding

  Violations keep facility from Medicare funding

• Court gives administrator five years in jail

  Court gives administrator five years in jail

• Sprinkler law proposed by CMS

  CMS proposed a new regulation yesterday that would require nursing homes to install sprinkler...

Issue 43, October 23, 2006

• State of Texas sues nursing home

  The state of Texas is suing a Richland Hills nursing home, accusing it of failing to properly treat...

• Nurse charged with stealing drugs from residents

  Nurse charged with stealing drugs from residents

• Gas leak occurs near Miami nursing home

  Gas leak occurs near Miami nursing home

Issue 42, October 17, 2006

• Fraud case lands nursing home CEO in jail

  A nursing home CEO will serve an 18-month prison sentence and pay a $750,000 fine for his guilty...

• Nursing homes more prepared for storm evacuation

  Louisiana governor Kathleen Blanco said the state's nursing homes are better prepared to evacuate...

• Tests show no Legionella at Pennsylvania facility

  Tests show no Legionella at Pennsylvania facility

Issue 41, October 11, 2006 - VIEW THE FULL ISSUE

• Nursing home abuse charges unfounded

  Nursing home abuse charges unfounded

• 2005 was a profitable year for whistleblowers

  Whistleblowers across the country who filed qui tam lawsuits on behalf of the federal government...

Issue 40, October 4, 2006

• OIG releases plans for nursing homes

  The Deficit Reduction Act of 2005 (DRA) is a prominent theme of the 2007 Office of Inspector...

• Warm linen starts nursing home fire

  Warm linen starts nursing home fire

• Nursing home employee steals from resident

  A former Euclid, OH, nursing home office worker could face grand theft and other charges after she...

Issue 39, September 27, 2006

• Nursing home owners indicted

  Nursing home owners indicted

• Facility cited for Medicare fraud

  Facility cited for Medicare fraud

• Dementia care guidelines released

  Dementia care guidelines released

Issue 38, September 20, 2006

• Legionnaire's disease found in facilities

  Legionnaire's disease found in facilities

• Accreditor addresses power systems failures

  Accreditor addresses power systems failures

• Guide assists in dementia care during emergencies

  Guide assists in dementia care during emergencies

Issue 37, September 13, 2006

• Suit filed against two nursing homes, hospital

  Suit filed against two nursing homes, hospital

• Study shows weight loss and Alzheimer's link

  Study shows weight loss and Alzheimer's link

Issue 36, September 6, 2006

• Nursing home owners file civil suit

  Nursing home owners file civil suit

• Former nursing home owner indicted

  Former nursing home owner indicted

• Outreach effort to help residents vote

  Outreach effort to help residents vote

Issue 35, August 29, 2006

• Nurse charged with criminal neglect

  Nurse charged with criminal neglect

• Director named in neglect case

  Director named in neglect case

• New policy may decrease lawsuits

  New policy may decrease lawsuits

Issue 34, August 23, 2006

• No flu vaccine shortage this year

  No flu vaccine shortage this year

• Estate recovery law nixed by feds

  Estate recovery law nixed by feds

• Negligence and breach of duty suit filed

  Negligence and breach of duty suit filed

Issue 33, August 10, 2006

• Governor backs Schiavo nurse

  Governor backs Schiavo nurse

• Bill launched for resident safety

  Bill launched for resident safety

• Resident death is not facility's fault

  Resident death is not facility's fault

Issue 32, August 9, 2006

• Nursing home bus fire under investigation

  Nursing home bus fire under investigation

• Protect residents from seasonal influenza

  Protect residents from seasonal influenza

• Proposed bill would increase nursing home quality

  Proposed bill would increase nursing home quality

Issue 31, August 2, 2006

• Mistrial may lead to new trial in wrongful-death case

  Mistrial may lead to new trial in wrongful-death case

• AG has healthcare workers arrested

  AG has healthcare workers arrested

• Physician lies under oath

  Physician lies under oath

Issue 30, July 26, 2006

• Elderly at risk in excessive heat

  Elderly at risk in excessive heat

• Facility penalized for resident death

  Facility penalized for resident death

• New law exposes number of felons in nursing homes

  New law exposes number of felons in nursing homes

Issue 29, July 19, 2006

• Nursing home violations to be posted online

  Nursing home violations to be posted online

• Family sues nursing home for relative's death

  Family sues nursing home for relative's death

• ACHCA members can receive discount on insurance

  ACHCA members can receive discount on insurance

Issue 28, July 12, 2006

• Former administrator sentenced to pay monetary loss

  Former administrator sentenced to pay monetary loss

• Police called to nursing home after conflict occurs

  Police called to nursing home after conflict occurs

• Government eases rule on citizenship proof

  Government eases rule on citizenship proof

Issue 27, July 5, 2006

• Avoid hospitalizations to keep residents healthy

  Avoid hospitalizations to keep residents healthy

• FDA wants to reduce bedrail injury and death

  FDA wants to reduce bedrail injury and death

• Former nursing home owners to pay consent judgments

  Former nursing home owners to pay consent judgments

Issue 26, June 28, 2006

• Family receives settlement for neglect case

  Family receives settlement for neglect case

• Surveyors should talk to residents, families

  Surveyors should talk to residents, families

• Links lead to physical aggression in residents

  Links lead to physical aggression in residents

Issue 25, June 22, 2006

• JCAHO sets 2007 safety goals for long-term care

  The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) announced June 12 its...

• Study: Lower heart risks with potassium-enriched salt

  Potassium-enriched salt is better for seniors than regular salt, according to new research which...

• Time to reexamine resident suicide policies

  Review your facility’s policies regarding resident suicide before a tragic incident occurs...

Issue 24, June 15, 2006

• New Medicaid rules a cause for concern

  Long-term care providers are concerned about the effects of a new law that will require...

• Arizona facility owner faces more sanctions

  The Tuscon-based owner of an assisted living facility will face continued disciplinary action...

• Lower fracture risk for females, study finds

  Female nursing home residents have a lower risk of suffering a skeletal fracture than women living...

Issue 21, May 25, 2006

• CMS admonishes nursing homes on Part D steering

  CMS this month released three new survey and certification letters, one of which reiterated...

• Family awarded $18 million in Idaho resident's death

  The relatives of an 86-year-old former nursing home resident were awarded $18 million by an Idaho...

• Pneumonia, dehydration caused NC resident tragedy

  A woman who disappeared on January 23 from her North Carolina nursing home was found dead four days...

Issue 20, May 18, 2006

• Difficulty, but no casualties for seniors in MA flooding

  Nursing home residents in Lawrence, MA, facility were rescued from rain-induced floods this week...

• Study: A few extra pounds won't hurt

  Being slightly overweight is not necessarily harmful to people 80 years or older, according to a...

• Former SNF employees in Indiana face charges

  Two former employees of an Indiana nursing home were indicted on neglect charges this week...

Issue 18, May 4, 2006

• CMS to protect residents against formulary changes

  CMS last week issued new guidance that protects nursing home residents against the sudden loss of...

• Rhode Island LPN: 'I repeatedly checked resident'

  Accused of criminally neglecting a SNF resident, a licensed practical nurse (LPN) in Providence...

• Alzheimer's drug helps cognitive improvement

  A drug effective in treating residents with advanced Alzheimer’s may also help residents in...

Issue 17, April 27, 2006

• Resident's daughter nets $275,000 over heat death

  As summer draws closer, it's important to remember just how dangerous the heat can be to your...

• Disaster manual arrives from AHCA

  The American Health Care Association (AHCA) this week made available a new disaster planning guide...

• CMS: Be wary of Part D scams

  CMS warned seniors and disabled people of a Medicare Part D drug plan scheme, reported Focus, a...

Issue 15, April 13, 2006

• Controlling hypertension cuts dementia risk in men

  A recent study concluded that by controlling hypertension-more commonly known as high blood...

• Fatal gas mix-up in NJ spurs national changes

  Six years ago in Sugarcreek Township, NJ, four residents at The Carriage by the Lake nursing home...

• Stun gun used on 92-year-old SNF resident

  Deputies from the Pasco County Sheriff's office used a stun gun to subdue a 92-year-old nursing...

Issue 14, April 6, 2006

• Ohio nursing home failed to report murderer

  Staff members at the Foundation Park Care Center in Toledo, OH, allegedly failed to immediately...

• Study: Stigma, denials impede Alzheimer's diagnosis

  Fear of stigma about Alzheimer's disease and denial can delay diagnosis of the disease for up to...

• Massachusetts survey site 'too superficial'

  Critics of the Massachusetts state Department of Health lambasted the nursing home survey section...

Issue 13, March 30, 2006

• Is your reimbursement information secure?

  A new report by the GAO warns that inadequate computer security threatens the confidential Medicare...

• Study: Drugs still best for treating senior depression

  Despite a range of other methods used to treat depression in the elderly, new findings suggest that...

• Florida fire incident stemmed from argument

  Look for warning signs that your residents' safety is at risk and try to prevent harmful events...

Issue 12, March 23, 2006

• Blood pressure meds found to lower Alzheimer's risk

  Blood pressure medicine, particularly diuretics, may help lower the risk of developing...

• New Hampshire nursing home passes muster

  The Belknap County Nursing Home in Laconia, NH, passed a state inspection this week-its third...

• SNFs stymied by increasingly high turnover

  High job turnover in the long-term care workforce is a growing problem, with wages and benefits...

Issue 11, March 16, 2006

• Resuscitation mix-up lands SNF in hot water

  A Pekin, IL, nursing home received its third fine in eight months-this time after failing to...

• Most Tennessee nursing homes now have sprinklers

  Following enactment of a state law requiring the installation of sprinkler systems, only five...

• Most Tennessee nursing homes now have sprinklers

  Following enactment of a state law requiring the installation of sprinkler systems, only five...

• SNF residents protest Cook County smoking ban

  As Illinois’ Cook County Board approaches its vote on a county-wide smoking ban, area SNF...

Issue 10, March 9, 2006

• Massachusetts CNA fired after reporting facility rape

  A certified nursing assistant (CNA) at a Brockton, MA, nursing home was fired after reporting a...

• Report: Muscle loss a growing danger to elderly

  A report by the International Longevity Center this week suggested sarcopenia-a condition that...

• New Jersey nurse gets eleven life terms

  A former nurse-one of the worst serial killers ever discovered within the U.S. healthcare...

Issue 9, March 2, 2006

• Former inspectors among Delaware fraud suspects

  Five nurses were charged with fraud and abuse at a Delaware nursing home last week, and two of them...

• San Diego area SNF slapped with $100K fine

  An Escondico, CA, nursing home received one of California's most serious citations last week and a...

• Journal: 'Widower effect' is for real

  A study released last week in The New England Journal of Medicine confirmed the long-held belief...

Issue 7, February 16, 2006

• Medicaid patients in Oregon allowed to sue state

  An Oregon appeals court ruled that elderly and disabled people cut from the state's...

• Side effect labels hamper compliance, study says

  A study released two weeks ago in the journal Clinical Therapeutics suggested the wording on...

• Side effect labels hamper compliance, study says

  A study released two weeks ago in the journal Clinical Therapeutics suggested the wording on...

• Side effect labels hamper compliance, study says

  A study released two weeks ago in the journal Clinical Therapeutics suggested the wording on...

• State claims Ohio SNF did not protect rape victims

  Ohio state inspectors this week found that a North Randall-based nursing home failed to protect two...

Issue 6, February 9, 2006

• Study: Lean diets offer only limited benefit

  Diets that are low in fat do not necessarily protect women against heart attacks, strokes, or...

• Staff member fired from SNF after newspaper tell-all

  A nursing home staff member was fired from her job last week after sharing stories of prior drug...

• Asset transfer bill causes concern

  While there was good news in the Deficit Reduction Act when it came to the therapy caps, nursing...

Issue 5, February 1, 2006

• Louisiana officials initially declined fed assistance

  A prominent Louisiana health official allegedly declined an offer of federal assistance in moving...

• Minnesota touts nursing home 'report card'

  Minnesota governor Tim Pawlenty kicked off a tour of state nursing homes last week to promote the...

• Lawsuit: Indiana SNF workers tampered with body

  The daughters of a 74-year-old former SNF resident filed suit against Hospitality House in Bedford...

Issue 4, January 26, 2006

• Part D difficulties worst for nursing homes

  Medicare Part D arrived nearly four weeks ago, but the transition for close to one million nursing...

• FDA announces new package insert rules

  The U.S. Food and Drug Administration (FDA) unveiled new rules for medication package inserts last...

• Prosecutors in Illinois SNF suit seek deposition

  Prosecutors for Madison County, IL, requested a pretrial deposition from an 82-year-old man named...

Issue 2, January 12, 2006

• Labor costs ’a crisis’ for Louisiana nursing homes

  The Louisiana Nursing Home Association (LNHA) announced this week that a quality-of-care crisis is...

• Spitzer tactic clamps SNF neglect in New York

  Hidden cameras in nursing homes across New York state led to the arrests of 19 SNF employees last...

• California county sues over scalding incident

  The county of San Mateo, CA, filed a negligence suit against the operating company of a Redwood...

Issue 1, January 5, 2006

• Sentencing delayed for New Jersey nurse

  Sentencing for convicted murderer Charles Cullen was delayed this week because authorities in New...

• Study suggests brain imaging can predict dementia

  People with atrophy in certain parts of the brain have a much higher risk of developing dementia...

• Santa Barbara SNF faces new allegations

  La Cumbre Senior Living Concepts in Santa Barbara, CA, received $2.5 million in penalties and fines...