WASHINGTON, CALIFORNIA – Our San Diego elder abuse attorneys have learned that a government program which brings extra scrutiny to poorly performing nursing homes leaves out hundreds of troubled facilities. The Centers for Medicare and Medicaid Services (CMS) identifies up to 136 nursing homes as “special focus facilities” subject to more frequent inspections because of their living conditions. In every state except for Alaska, there are between one and six such facilities. However, investigators said four times as many homes, or 580, could be considered among the nation’s worst. The report from the Government Accountability Office (GAO) does not identify the homes. Regardless of these statistics, the Elder Abuse and Dependent Adult Civil Protection Act (also known as the California Elder Abuse Act) makes it possible for abused and neglected patients in nursing homes to seek compensation for their pain and suffering by pursuing legal action. If someone you love has been a victim of elder abuse or elder neglect, contact our San Diego Elder Abuse Act lawyers today to see if you may have a case.
The chairman of the Senate Aging Committee, Senator Herb Kohl (D-Wisconsin), said it indicated to him that the special focus is too limited. The chairman wants more explicit warnings about nursing homes as people study quality ratings on a Medicare website, Nursing Home Compare—http://www.medicare.gov/nhcompare.
The report, released last Monday, also suggests adjusting the methods used to identify the worst performing nursing homes. The homes now under special attention are the worst performing in their state. But not all states are created equal when it comes to nursing home quality. Comparing the homes nationally would ensure that scarce resources go to inspecting the nursing homes that truly need the most attention, according to the report. CMS officials told the GAO they disagreed with relying solely on a national comparison. The agency said it would consider an approach that allows for a national comparison to have more weight.
Some states have far more poorly performing nursing homes than are designated as special focus facilities. For example, Indiana had 52 nursing homes listed among the worst performing, but only four are on the special list; similarly, California has 40 considered among the worst performing, but only four are on the list.
Investigators also found that the worst-performing ones tend to be for-profit facilities affiliated with a chain of nursing homes. They are more likely to be a larger facility, averaging 102 residents, while other nursing homes not identified as among the worst had 89 residents on average.
Nationally, there are about 16,000 nursing homes. So the 580 homes that GAO describes as the worst-performing represents almost 4 percent of the nation’s nursing homes. If you are concerned that the nursing home of a friend or family member is unsafe, contact our California elder neglect lawyers for some tips on how to properly evaluate a skilled nursing facility. We have years of experience in dealing with nursing home abuse, injuries and accidents, and our California Elder Abuse Act attorneys have successfully litigated many nursing home cases in the past.
Berman & Riedel, LLP is a San Diego based law firm that represents victims of elder abuse and neglect throughout the state of California. If you believe that a loved one is the victim of elder abuse or neglect, call (858) 350-8855 to speak with one of the firm’s California elder abuse lawyers. One of our experienced and knowledgeable attorneys will be more than happy to provide you and your family with an initial free consultation to discuss with you any questions or concerns you have regarding the care that an elderly loved one is receiving in a nursing home or other type of elder care facility. To learn more about Berman & Riedel, LLP and our San Diego elder neglect attorneys, visit the firm’s elder abuse and neglect website at www.preventelderabuse.com.
