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Experienced Injury Lawyers

American Senior Communities LLC Fires CEO after FBI Search

Published on Sep 21, 2015 at 6:18 pm in Nursing Home Abuse.

According to Louisville’s Business First, American Senior Communities, a nursing home operator with more than 100 facilities, fired its CEO three days after the FBI raided his home and the corporation’s offices.  In contradicting statements the company now says the investigation has nothing to do with its facilities, but said in a statement on the day of the raid the FBI was conducting a “cost review.”  The company currently has plans to build a nursing home of more than 100,000 square feet in Louisville, Kentucky.

ASC is not without a history of fraud.  In 2010, the company reportedly paid the federal government a fine of some $376,000 as the result of its hiring practices.  According to the Indianapolis Star, the company was accused of hiring staff members who where ineligible to care for seniors under federal law because of criminal convictions or loss of their professional licenses.

Our seniors deserve better.  We will be anxiously watching the developments at American Senior Communities.

Nursing Home Five-Star Quality Rating: Your Tool for Finding the Right Care for Your Loved One

Published on Sep 20, 2015 at 2:45 pm in Nursing Home Abuse.

Centers for Medicare and Medicaid Services has recently created the Five-Star Quality Rating System to assess the level of care given at nursing home facilities, allowing consumers, caregivers, and their families to quickly compare options and choose the right home for their loved ones.  Each nursing home is given a quality rating between 1 and 5 stars.  Nursing homes who receive 5 stars are considered to have much above average quality of care and those with 1 star are considered to have quality much below average.

The Nursing Home Compare Web site features one overall 5-star rating for each nursing home, and a separate rating for health inspections, staffing, and quality measures.  The health inspection rating considers information collected from on-site surveys at each location in the last three years. These Life Safety Code (LSC) surveys and Standard surveys are not announced to the facilities and can occur on any day of the week and at any time in a 24 hour period.  The CMS regional office determines a facility’s eligibility to participate in the Medicare or Medicaid program and receive payment based on these on-site survey results and their compliance with the requirements in 42 CFR Part 483, Subpart B.

The staffing rating reflects the number of hours of care provided on average to each resident each day by the nursing staff, taking into consideration the differences in the levels of residents’ care need in each nursing home.  Nursing homes with residents who have more severe needs would be expected to have more nursing staff than a nursing home where the resident needs were not as high.

The quality measure rating contains eleven different physical and clinical measures for nursing home residents to assess how well nursing homes are caring for their residents’ physical and clinical needs.  More than twelve million assessments of the conditions of nursing home residents are used in the Five-Star rating system, allowing the system to be a thorough evaluation and reliable resource for consumers and caregivers.

Every nursing home facility resident has the right to receive proper care.  If you feel that your loved one is a resident in a nursing home facility that has not been properly evaluated by CMS and the Five-Star Quality Rating System, contact Thomas Law Offices for more information.

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Nursing Home Staffing Regulations: A Necessity that Sometimes Gets Overlooked

Published on Jul 20, 2015 at 11:52 pm in Nursing Home Abuse.

Last week we talked about Hurstbourne Care Centre at Stony Brook, a Louisville adult care facility which will be forced to have its Medicare agreement terminated due to poor conditions that were negatively affecting both the health and safety of its residents. Situations like this happen all too often and are extremely painful for both the residents and their family members. In a second blog posted earlier this week, we shared advice for family members who might one day find themselves in a similar situation.

Why are such conditions allowed to happen, though? Nursing homes and adult care facilities are heavily regulated and inspected by agencies like Centers for Medicare & Medicaid Services (CMS) and Adult Protective Services, but issues still sometimes fall through the cracks. In most cases, poor conditions can be linked back to one thing that is often overlooked—improper facility staffing regulations.

Steps for Protecting a Loved One from Unsafe Nursing Home Conditions

Published on Jul 20, 2015 at 10:52 am in Nursing Home Abuse.

Making the decision to place a loved one into a nursing home or adult care facility can be one of the most difficult decisions you’ll ever have to make. How can you trust they’ll get the proper care? Between local organizations and federal, state, and facility regulations, adult care facilities are watched with a rather critical eye. If anything should happen at a facility which may detriment the health and/or safety of the residents, the officials will be notified quickly and appropriate action will be taken. Cases where this is deemed necessary do not happen often, but they aren’t completely unheard of.

One such case recently struck close to home at Hurstbourne Care Centre at Stony Brook, located in Louisville, KY. We reported on the incident in detail last week. The adult care center was investigated by federal health officials after multiple complaints were filed. The investigation found that the facility was endangering the health and safety of its residents by failing to follow doctor’s orders, monitor past injuries, and keep the patient’s rooms properly clean. One patient was even found in bed with ants crawling on them at the time of the inspection.

The facility is currently scheduled to have its Medicare agreement terminated by the end of July. Until that time, residents are being transferred to other facilities where they can be properly cared for.

Louisville Adult Care Center Scheduled to Lose Medicare Funding Due to Unsafe Conditions

Published on Jul 16, 2015 at 12:58 am in Nursing Home Abuse.

Hurstbourne Care Centre at Stony Brook, located in Louisville, KY, is currently scheduled to have its Medicare agreement and funding terminated as of July 25th due to a state-led investigation which questioned the level of care residents were receiving. The investigative report found that the adult care facility was jeopardizing the health and safety of its residents.

As reported by local news, the Kentucky State Survey Agency began investigating the facility on May 22nd after receiving numerous complaints. When the resulting report was presented to the facility on June 24th, the following statement by Sandra Pace, Health and Human Services Associate Regional Administrator, was issued:

“The survey found that your facility was not in substantial compliance with the participation requirements, was providing substandard quality care to residents, and that conditions in your facility constituted immediate jeopardy to residents’ health and safety.”