Recent Blog Posts

    • Call your state's Ombudsman's office if your loved one has been abused in a nursing home or assisted living facility
      One of the greatest obstacles to helping victims of abuse and neglect is the failure of nursing homes to self police. More often than not, we see a complete lack of investigation - even in light of serious allegations against staff. One way for families to overcome this is to immediately call the Ombudsman's office for their state. The work doesn't end there, though. Families should remain in constant communication with the investigator. DO NOT ALLOW THE INVESTIGATION TO BE LIMITED TO THE NURSING HOME OR ASSISTED LIVING'S SIDE OF THE STORY. MAKE SURE THAT THE INVESTIGATOR GETS BOTH SIDES. Our office has had great success over the years in utilizing these investigations to both improve the quality of care and help our clients achieve justice. Here is a link to a helpful site which provides phone numbers for the Ombudsman's office for each state. And here is a direct link to New Jersey's Ombudsman's home page. ....
    • Nursing Home abuse and whistle blowers in New York state
      Here is an article I recently read, which outlines not only allegations of abuse, but also retaliation against a whistle blower who reported the abuse. The article contains helpful links for families looking to research nursing homes. ....
    • Nursing Home Sued by U.S. Department of Labor for unpaid Wages
      One of the most important responsibilities of nursing home owners is to treat their employees well.  This leads to a positive environment, which fosters good care and enthusiasm among staff.  As may be seen, the opposite is alleged here in an article stating that the Union City's Manhattan View Nursing Home is being sued by the United States Department of Labor. The suit is seeking unpaid overtime wages for employees of Manhattan View over the past several years. ....
    • Tracy bill pushes more options for elderly healthcare
      I found an article the other day relating to recent legislation that passed in Tennessee to increase options for elderly health care. Two bills sponsored by Tennessee Sate Senators passed the Senate aimed at helping elderly or disabled Tennesseans receive more options in their health care, including staying in their homes for as long as possible.The long term care legislation is part of a series of bills aiming to help citizens “age in place.” The two bills will broaden the definition of assisted living to include hospice services and make it clear that any assisted-care living facility resident who qualifies for hospice care under Medicare can continue those services and also receive reimbursement for assisted living services. I think this is a wonderful piece of legislation that I hope will make its way across the country in order to provide increased assistance for our elderly. You can read more on the bills here. ....
    • Prevention of Inhumane Care
      I took a deposition of a nurse yesterday who was charged with the care of my client toward the end of her life.  My client was fitted with a leg brace that was significantly too tight.  She complained of pain.  Her leg was bleeding.  No one responded. To make matters worse, no pain medication was given.  This is not humane and it is not acceptable.Thankfully,  many good people are working hard to make the final days of terminally ill patients more comfortable. I recently found a website which offers tips on how to prevent this sort of inhumane treatment from occurring again. ....
    • Special Focus Facilities
      After receiving tremendous pressure from advocacy groups, CMS has released its expanded list of the most troubled nursing homes in the country.  These are known as "Special Focus Facilities."   Acting CMS Administrator Kerry Weems disclosed at a special media briefing Thursday that the “Special Focus Facilities” list had actually grown to 131 nursing homes with poor survey records. The list will continually be in flux, noting the next public update will be in April. In response to a McKnight's reporter's question, Weems also clarified that from now on providers would be given brief advance notice of their inclusion on the dubious list but no others would learn of list contents until results are refreshed online. When CMS went public for the first time ever, but with just the partial list, in November, consumer advocates loudly complained that nursing home lobbyists and associations had been given the full list, while the general public had ....
    • Forced Overtime Shifts for Nurses Facing Ban in PA
      I read an interesting article this week in the Philadelphia Inquirer that truly encapsulates much of what we've been trying to say on this blog since its inception.  The management and owners of nursing homes, must treat their front-line worker with dignity, respect and compassion.  Otherwise, patients in nursing home get injured and sometimes die.   New Jersey has passed good legislation to protect nurses...and in turn, patients.  Pennsylvania should follow this lead. ....
    • Resource for Families Investigating Nursing Homes
      I recently found a great website for families looking to investigate nursing homes.  The website offers a list of nursing home throughout the country that are in danger of harming it's residents. The site breaks down the potentially harmful home into three categories: - a red code equals actual harm and/or immediate jeopardy- a yellow code equals the potential for more than minimal harm- a blue code equals the potential for minimal harm In this link, there exist some significant problems at a facility known as Plaza Regency at Park Ridge, in Park Ridge, New Jersey.  I strongly urge our Blog readers to explore this helpful site. You can access the website here. ....
    • Nursing Home Quality Twenty Years After the Nursing Home Reform Act
      I found this article which I feel is a very informative article on the improvements and continuing problems of nursing home care 20 years after the Nursing Home Reform Act. Although some changes have come about, there is still much work to be done. The Kaiser Family Foundation that examines the progress nursing homes have made over the past 20 years since the Omnibus Budget Reconciliation Act of 1987 (also known as the Nursing Home Reform Act) became law reports that though the new act has been in place for over 20 years, there has not been a significant enough change. You can read more the Nursing Home Reform Act and the Kaiser Family Foundation's study here. ....
    • Potential Treatment for Alzheimer's Disease
      Below is an extraordinarily promising article involving a potential treatment for Alzheimer's disease.  A very significant component of nursing home and Assisted Living populations includes physically healthy individuals with developing Alzheimer's.  The drug, Enbrel - commonly used to treat arthritis, in recent tests has shown to reverse the effects of Alzheimer's Disease in just minutes. Enbrel is believed to assist those with Alzheimer's by delivering the same relief the drug offers arthritis patients. The drug, which is used to relieve the inflammation in joints of people suffering from arthritis, researchers now believe can reduce the inflammation in the brain of people suffering from Alzheimer's. This article offer some hope for the many families and patients suffering from this devastating illness. ....
    • Oldest resident in Massachusetts dies at age 111
      I recently found an inspiring story about the recent passing of the world's 22nd oldest person and the oldest resident in Massachusetts, Mary Marques.  She died peacefully in her nursing home, Julian J. Leavitt Family Jewish Nursing Home in Longmeadow, at the age of 111. She was believed to be the world's 22d-oldest person, according to the Gerontology Research Group, which validates birthdates of those over 110, who are known as supercentenariansMuch of the credit for her longevity was given to unprocessed foods for the first 40 years of her life, an active lifestyle and red wine. You can read more on Mary Marques and her remarkable life here. ....
    • Durable Powers of Attorney
      Here is a link to good work being done to encourage families to obtain a durable powers of attorney for elderly family members.    Very often nursing home residents begin their residency with all of their mental faculties.  Sadly, these frequently diminish over time.  Once a person lacks the mental capacity to designate an individual to serve as a power of attorney, the process becomes extremely complicated, slow and expensive.  Most importantly, necessary actions and decisions for NH residents often cannot take place without Court intervention.    The simple solution is to get a power of attorney early on.  It is simple, inexpensive and the smart thing to do. ....
    • Home Health Care
      As we've been saying for many years now, under the right circumstances home care provides a well needed alternative to nursing homes and assisted living facilities.     This is not to say that it is a fit for everyone, but of the one-million plus nursing home residents in this country, many do not need that level of care - and many gave up their homes, all of their savings and their lifestyle for a higher level of care than they really needed.    We have reported on this blog legislation which is aimed at making funds more available to seniors to help widen the array of options available to them.  Obviously, the business community sees this opportunity and is acting upon it.You can read more on home health care here. ....
    • New Jersey Safe Patient Handling Act
      New Jersey has recently passed the Safe Patient Handling Act, which will hopefully help reduce the number of fall down incidents which occur in long term care facilities.   Many residents who have been assessed to need what is known as a two person assist for all transfers are injured when employees of understaffed facilities make the tragic decision to attempt this alone.An interesting article in the Philadelphia Inquirer recently discussed the Safe Patient Handling Act, and the requirements which will assist in the decrease of injuries at New Jersey nursing facilities. You can read more on this article here. ....
    • Choosing the Right Assisted Living Home
      David Cohen, Shareholder and Chair of Stark & Stark’s Nursing Home Litigation Group, was quoted in the January 16, 2008 edition of US 1 Newspaper, in the article, Choosing the Right Assisted Living Home. The article discusses the importance of research and careful planning when selecting a nursing home for you and your loved ones, in order to prevent further injuries. Cohen advises families to be aware of the specific statewide and national regulations in place in order to prevent nursing home abuse in under-funded facilities providing inadequate care. You can read the full article here. ....
    • Pharmacy Records Play Crucial Role in Administration of Medication
      Pharmacy records are critically important in the evaluation of claims involving improper administration of medication.  They also provide a means by which advocates can effectively fact check whether medications that nursing homes claim are delivered actually are.   Our office has uncovered many instances wherein nursing home claim to have provided medications to our clients (and billed for them) when they weren't even in the facility.  It is only though careful review of detailed records that these deeds can be uncovered.   Attached is an interesting article which highlights the importance of proper monitoring of pharmaceuticals for our burgeoning nursing population, which is now approximately 1.8 million.  As the needs of the geriatric population increase, so must the support that we provide. ....
    • New Jersey Faces Nursing Shortage
      As recently reported in the Courier Post, New Jersey faces a critical nursing shortage.  As is frequently revealed in investigations of nursing home negligence and abuse, there is much more that Nursing home owners and the industry should be doing to provide greater support for this very important profession. You can read more on the nursing shortage in New Jersey here. ....
    • Laurel Crest to go under microscope
      Serving as an example of how regulators can effectuate change, the Altoona, Pennsylvania nursing home, Laurel Crest, is not only undergoing tremendous scrutiny for surveyors to ensure quality, but outside consultants are being brought into the facility to make sure that the right changes are made. These changes could have a huge effect on the level of care to be provided to its residents. You can read more about these changes here. ....
    • Granny Farming
      By Ben Whitford Posted Sunday, Sept. 23, 2007, at 3:31 AM ET The New York Times leads with a report on profiteering at nursing homes; thousands of institutions have been bought up by private investment companies, often to the detriment of care standards. The Washington Post leads with news that the Bush administration's $150 million campaign to tackle human trafficking has produced remarkably few arrests, suggesting that the extent of the problem—at least in the United States—may have been significantly overestimated. The Los Angeles Times leads local, with a look at the financial troubles plaguing many L.A.-area hospitals. In recent years, Wall Street investors have snapped up thousands of nursing homes across the United States, cutting costs and slashing staffing levels in the hope of reselling at a hefty markup. That's led to plummeting standards, according to government data, with elderly residents receiving less care than they need and increasingly suffering from ....
    • Clinton Calls for GAO Investigation to Examine Long-Term Care Ownership Structures
      Call Comes as a Result of New York Times Analysis of Nursing Homes Across the Country Washington, DC – Citing a September 23 New York Times article that reviewed more than 15,000 nursing homes across the country, Senator Hillary Rodham Clinton today called for a Government Accountability Office (GAO) investigation to examine the nation's long-term care infrastructure. In a letter to Comptroller General of the United States, David M. Walker, Senator Clinton expressed her concern over accountability and the ability of the states and federal government to provide appropriate oversight and sanctions, and highlighted the decline in the quality-of-care related to the purchase of nursing home facilities by private investment groups. "I am deeply concerned that these new ownership structures may allow private investment firms to effectively control, and profit from, the operations of nursing homes without taking a formal ownership or management stake in the nursing home itself. As a ....