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Anyone, including employees, residents or loved ones, has the right to file a complaint against a licensed long-term care facility in the state of Tennessee if any concerns in proper elder care arise. Unfortunately, many people do not know that this is an option, and the abuse or neglect suffered by a loved one goes unreported.

If you or someone you know has experienced substandard care in a nursing home, filing a complaint with the Tennessee Department of Health can be a proactive step that will prompt an investigation.

What Situations Can Be Reported?

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In recent months, The Boston Globe and USA Today have released a series of articles related to VA nursing home care. From hidden statistics to an in-depth view of one Bedford, Mass. VA nursing home ranked at one star, the facts from the investigation paint a grim picture for veterans in search of elder care.

A star-ranking system, which rates the nation’s 133 VA facilities by providing an overview of the general quality of care rather than detailed, long-term care reports, was just released in June of this year after years of being kept hidden.

Though, on average, private nursing homes rate better than the government-funded VA homes, many of the problems outlined in the investigative articles are all too common in private and public facilities alike.

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In 2012, the Centers for Medicare and Medicaid Services implemented new regulations in order to cut back the number of antipsychotic drugs prescribed in nursing homes. Despite their efforts, a recently released study conducted by the Human Rights Watch, and reported in The Washington Post, revealed that antipsychotics are still often misused as chemical restraints to keep patients docile and free from inconvenient behavioral disturbances. Perhaps more shockingly, they are sometimes administered without patient or familial consent.

Though some cutbacks in the drugs’ use have been made, it is estimated that nearly 179,000 nursing home residents are still being improperly prescribed the medications on a regular basis.

Antipsychotics, when used appropriately, can have profound effects for those suffering from schizophrenia, bipolar disorder or psychotic depression. However, the Food and Drug Administration never declared these drugs safe for the elderly suffering from dementia. In fact, they did the opposite.

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A 2016 Harvard University study found that nursing homes across America have been changing ownership at an alarming rate. On average, 1,500 nursing facilities were sold to a different corporation per year between 1993 and 2010. While change of ownership is not believed to directly cause turmoil and poor care, the study concluded that many nursing homes that already have a history of deficiencies and violations are more likely to be sold and rebranded.

David Grabowski, lead researcher and health care policy professor at Harvard Medical School, pointed out that nursing homes with a history of consistent, uniform ownership typically have fewer citations from inspectors, unlike their lower-quality counterparts, which more often have mergers, acquisitions or changes of ownership on their record.

More often than not, corporate chains are involved in the acquisition of failing health care facilities.

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Ashton Place Health and Rehabilitation, a Midtown nursing home with a history of abused and neglected residents, proved to be a hotbed of even more controversy in mid-October after a resident at the facility was found lying in a pile of his excretion while also dealing with an open leg wound that became a home for maggots. He was taken to a hospital and later passed away.

The incident, which unfortunately is not the only one of its kind, caught the attention of both medical examiners and the Memphis Police. In certain instances, victims reached out to lawyers as well, including Jehl Law Group, where we currently have pending cases against the Rehabilitation Center.

Other allegations brought against the nursing home included a patient who had pressure sores, a patient who fell multiple times and died, and a complaint of a sexual assault.

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Last year, Jehl Law Group represented the family of a nursing home resident, who was neglected so badly that she developed pressure sores on her foot that were bone-deep. The condition of her foot was ignored. Eventually, the wounds became infected with multiple bugs that are found in fecal matter, and her leg had to be amputated. She passed away two months later.

The nursing home, its owners, and their attorneys were responsible for multiple continuances of the trial, but after years, our clients finally got their day in court. Following a five-week trial where nursing home employees testified to chronic short-staffing and fraudulent record-keeping, a jury of twelve people from Shelby County awarded our clients approximately $2,000,000 for their mother’s injuries, pain, and suffering. The jury also determined that the nursing home and its owners had acted so badly that they needed to be punished to prevent them from behaving like this again. After seeing how much money the owners made each year from their terrible behavior, the jury awarded a $28,000,000 punitive damage award designed to deter the nursing home and its owners from ever doing this again.

Our clients’ mother suffered horrific injuries because of the behavior of the defendants.  A jury determined that she had suffered immense amounts of pain and that the nursing home and its owners deserved to be punished for their behavior. Even the judge, who heard all the proof, found that the jury’s decision to punish the nursing home and its owners should stand. However, if members of the House have their way, our clients would have only recovered approximately $300,000.

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This past March, Signature HealthCARE at St. Francis, located at 6007 Park Ave. in Memphis, TN, which is not affiliated with the hospital but is on the same campus, proved to be yet another disturbing example of a nursing home’s consistent failure to provide its patients with an acceptable level of care.  An “acceptable level of care” is the minimum amount of care all nursing homes are required to provide patients in exchange for receiving state and federal funds.

Signature HealthCARE at St. Francis has had a history of inspection failures and delivering substandard care to its residents. In order to continue receiving government funds, the nursing home not only paid out $1.2 million in fines in 2015 but also agreed to correct its numerous areas of non-compliance. The facility failed to live up to its end of the bargain. Consequently, the Centers for Medicare and Medicaid Services (CMS) terminated their contract with Signature HealthCARE at St Francis on March 8th, 2017. By April 25th only 9 of the 140 patients remained.

Signature HealthCARE at Saint Francis ratings from medicare.gov are below:

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Several weeks ago, nursing home residents across the country won a big victory when the U.S. Department of Health and Human Services (HHS) announced that it will be instituting a ban on pre-dispute arbitration agreements in nursing homes that accept government funding.

These agreements have long been used by nursing homes to deny the constitutional right of a trial by jury to nursing home residents who have suffered abuse and neglect.  Even if residents are severely injured or die as a result of a nursing home’s negligent care, these agreements protect nursing homes from having to go into court and defend their actions.  HHS actually acknowledged that these agreements allow nursing homes to keep their abuse and neglect hidden from the public eye.

To get nursing home residents and their families to sign these agreements, nursing homes typically include them in their admission paperwork, sometimes even requiring them for admission.  HHS pointed to the unequal bargaining power that exists when these agreements are given to residents or their families.

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When a 98 year-old woman entered a nursing home several years ago, her family dreamed that she might return to the assisted-living facility that she had called home for many years.  Unfortunately, unable to walk and suffering from dementia, she had reached a point where she needed around-the-clock care.   At the nursing home, her condition worsened, and she contracted an infection that caused diarrhea and required isolation from other residents.  After five weeks, she passed away at the nursing home.

Despite her condition, her records show that she was receiving more than 5 hours of therapy per day.  On the day that she passed away, the nursing home claims that she received more than 2 hours of therapy.  If you’re thinking that doesn’t make sense, you’re right. Here at the Jehl Law Group, we see nursing homes committing fraud like this all too often.  We have seen nursing homes bill for therapy and other services that they don’t actually provide.

Earlier this year, Kindred Healthcare Inc. and two of its subsidiaries agreed to pay the federal government $125 million to settle an ongoing fraud lawsuit. Kindred Healthcare Inc. is one of the larger nursing home chains in the country, and the government alleged that they were fraudulently billing for unnecessary therapy services. Life Care Centers of America, another large nursing home chain, is also being sued for these same practices.

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A recent audit conducted by the Tennessee Comptroller’s Office confirms what we often see in cases that we handle at the Jehl Law Group: in many cases the State of Tennessee is failing to hold nursing homes accountable for abusing or neglecting seniors. The audit examines the activities of the Board for Licensing Health Care Facilities, which is responsible for licensing, inspecting, and surveying nursing homes in the State of Tennessee. The audit relied on a random sample of 25 facilities that included, 17 nursing homes, 3 hospitals, 3 assisted-care living facilities, 1 home health agency, and 1 residential home for the aged.

Federal and state regulations require investigations into complaints received by the Office of Health Care Facilities. When complaints come into that office, they are categorized by how urgent or serious the complaint is. The audit examined the two most serious types of complaints:

  • Immediate Jeopardy (IJ)- Meaning that a nursing home’s actions or failure to comply with federal regulations has caused or is likely to cause serious injury, harm, impairment or death to a resident, and