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Iowa Regulators Prompted To Increase Fines Against Davenport Nursing Home

Published on Jul 14, 2023 by Thomas Law Offices.

Iowa Regulators Prompted To Increase Fines Against Davenport Nursing Home
A 75-bed Scott County Iowa nursing home, The Ivy at Davenport, is on the verge of being shut down for putting its residents at risk of suffering harm. The Davenport nursing home was reportedly already facing stiff fines following an earlier inspection in April by state officials. However, a federal investigation identified many unaddressed issues during a subsequent inspection on May 28 and recently increased fines against the Davenport nursing facility.

The original reasons for the imposition of fines against the Davenport nursing home were detailed in a 172-page Iowa Department of Inspections and Appeals (DIA), now known as the Iowa Department of Inspections, Appeals, and Licensing (DIAL), report in May outlining 31 violations. Weeks later, the state agency released a 48-page addition to the original report detailing four additional state and federal violations, bringing the total count up to 35. Along with the report’s revision, there was an increase in fines from $12,750 to $37,250.

What Prompted the Increase in Fines Imposed Against the Iowa Nursing Care Facility?

As for a reason for the increase in violations and fines after the initial report’s release, it apparently stems from communication between the DIA and the federal officials at the Centers for Medicare & Medicaid Services (CMS). The latter agency contracts with the DIA to enforce its nursing home regulations in the state.

CMS continued its own investigation into The Ivy at Davenport after the state agency initially raised the alarm about it in its initial report as part of its federal look-back process. State officials had apparently claimed in their May report that residual issues with the nursing facility had been addressed by Sept. 2022.

Federal officials launched a secondary investigation, which cast doubt on whether the corrections had been made. Those regulators additionally identified previously undisclosed, uncorrected, or uncovered issues that also needed to be brought to light.

Alarming Concerns Identified in the Davenport Assisted Living Facility in Question

When the DIA performed its inspection in April, it went armed with 17 uninvestigated complaints to the self-described “premier health care center” that served top-of-the-line amenities such as gourmet meals and housekeeping. State and later federal regulators ultimately found that many of those allegations were founded.

The DIA and subsequent federal report detailed the following safety issues identified at the nursing home:

  • Insufficient staffing: At least one licensed practical nurse at the facility described its staffing shortages as having reached a “horrible” level
  • Medication errors: Apparently, at least one medicine cabinet from which staff administer residents’ prescription drugs was found unlocked
  • Failure to uphold reasonable hygienic and comfort standards: At least seven residents didn’t have pillowcases or sheets for their beds, and there was at least one report of food being placed on the floor in the absence of a bedside table
  • Unsanitary conditions: Reports were made regarding the facility’s unclean floors, use of unclean residential equipment, and also about the presence of rodents in or around it, including in residents’ rooms, which was attributable to the garbage not being efficiently or properly disposed of there
  • Illicit drug use: This allegedly involved one of the facility’s residents
  • Failures to properly assess residents: There was an apparent pattern of residents losing significant weight and not receiving follow-up medical attention to assess for underlying conditions that may have caused this to occur
  • Food safety issues: Inspectors found food that had not been sanitarily stored, prepared, or served
  • Inattentiveness to residents’ needs: In at least one reported instance, the nursing care facility apparently took two hours to respond to a resident’s call for assistance, neglected to assist with personal grooming or bathing, and failed to investigate physical abuse allegations

Apparently, the latest laundry list of violations isn’t the first of its kind that the facility has seen. CMS alone has fined the facility’s ownership, Ivy Healthcare, at least 11 times totaling $358,866 in the past three years alone.

Understanding Your Rights if a Nursing Home Facility Harms You or a Loved One

In this case, this assisted living facility, The Ivy at Davenport, has a one star rating out of five per the CMS Nursing Home Care Compare website. Unfortunately, there are countless other residential living facilities with lengthy violation histories and sub-par ratings.

Our nursing home abuse and neglect attorneys often represent clients who’ve been duped into believing the facility they selected to care for their loved one was a good fit, only to find out that they harmed them. That’s when our lawyers advise them of their right to pursue compensation in an effort to right the wrongs in the best way our legal system allows by filing a lawsuit.

Thomas Law Offices can help you hold any negligent parties accountable for their actions. We have an office located in Des Moines, Iowa. Your initial consultation with an attorney is free to learn more about your rights to take legal action, so reach out now.

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Tad Thomas - Trial Lawyer

Tad Thomas

Managing Partner

Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

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