Tuesday, July 23, 2019

Nursery Home Chain Closes Elderly Evicted


Joseph Schwartz's, Skyline nursing homes closing in 30 days in Massachusetts all elderly and disabled residents must be relocated within 30 days.  Angry family members were never noticed. 
At its peak, Skyline Healthcare owned or ran more than 100 facilities in 11 states, overseeing the care of more than 7,000 elderly Americans. But during the past two years, the chain has collapsed, and more than a dozen Skyline-operated nursing homes have shut their doors, throwing residents, vendors, employees and state regulators into chaos.
Many homes ran out of money. Others were shut down over neglect documented in government records. Fourteen homes were forced to close permanently, displacing more than 900 residents to new facilities with little notice.  Funds were so short; staff had begun buying toilet paper with money from their own pockets. Residents and their families discovered from local newscasts they had just 30 days to find somewhere else to live.
The story of Joseph Schwartz and Skyline Healthcare is one of swift expansion, alleged mismanagement and catastrophic failure. An NBC News investigation reveals the scale of the Skyline debacle, in which one man built an empire that quickly crumbled, with painful consequences to vulnerable people.
It also shows the failure of state and federal authorities to keep up with just who owns and runs America's nursing home facilities, which house 1.3 million elderly and disabled Americans — about three-quarters of them in beds paid for by taxpayers via Medicare and Medicaid. The states are responsible for tracking ownership and conditions at nursing homes within their borders, but only the federal government can monitor the performance of firms that own or operate facilities across the nation. The allegations of negligence at a major nursing-home chain come as the Trump administration is moving to ease, not increase, accountability for the industry, terminating fewer contracts with problem owners.
Schwartz, meanwhile, still has ownership stakes in 53 nursing homes, according to federal records. He has not returned multiple messages and emails requesting comment from NBC News.  A Brooklyn, N.Y.-based insurance broker and landlord, Joseph Schwartz entered the nursing home business more than 10 years ago after he sold a Florida-based insurance company.
In a 2017 deposition for a malpractice lawsuit filed by a family alleging neglect at one of his homes in Pennsylvania, Schwartz explained why he'd gotten into the industry. ""Basically, I used to do a lot of servicing in selling insurance policies to long-term care industry," he said, "and I felt that I could, that I understand the quality care … and I will do a very good job in doing the quality care for residents."
He started with a half dozen homes, but after creating Skyline Healthcare he began expanding rapidly in November 2015 with the purchase of 17 homes.  Schwartz ran Skyline out of a tiny office above a New Jersey pizzeria. He was CEO, his wife Rosie co-owned most of the properties and his two sons, Michael and Louis, served as vice presidents. The company had a bare-bones website and a slogan, "Skyline: The Home Life You Crave."
His net worth is hard to compute but real estate records show he owns over $9 million worth of real estate in the New York metropolitan area, including a gated house in Suffern, N.Y. Within a year of his purchase of 17 nursing homes, Schwartz had taken on another 64, and by 2017 was operating more than 100.
Schwartz wouldn't provide a number when the plaintiff's attorney asked him repeatedly in June 2017 how many homes he ran. He confirmed it was more than five, but asked if it was more than 100, he said several times that he couldn't recall. With more than 100 facilities, experts estimate Schwartz would have been juggling a few hundred million dollars a year in taxpayer money from Medicare and Medicaid.
But problems had emerged quickly. Within six months of Skyline's entry into the Arkansas market in 2015, the state's attorney general was investigating reports of neglect in Skyline facilities.  Marcela Watkins, who visited her mother daily in Spring Place Health and Rehab in Little Rock, said the food went downhill once Skyline took over. She recalled staff serving raw vegetables and boxed pizza to elderly patients.
The state attorney general later issued Skyline facilities more than $200,000 in civil fines for neglect, preventable falls, failure to bathe residents and maggots in a resident's personal medical equipment. In Massachusetts, staff say the Schwartz sons visited the properties before taking over, promising new resources. But cuts started within a year.
Certified nursing assistants were reduced from five to three, according to ex-employees. Staff were told that disposable briefs would be rationed to two per patient per shift, instead of as needed, meaning patients were left to languish in their own body waste. As problems mounted, Skyline continued to expand. In 2017, it entered South Dakota.
Schwartz reportedly leased at least half of the homes he operated around the nation from Georgia-based Golden Living Centers, according to local news reports and property records, which acted as Schwartz's landlord.  Last year Skyline released a statement to a South Dakota reporter blaming Golden for problems in its South Dakota nursing homes. Skyline said the chain was "dedicated to providing quality care" and meeting its obligations, but that Golden had caused the issues.
By September 2017, Skyline had taken over Ashton Place, a nursing home in Memphis, Tenn. Less than two months later, a resident with a recent leg amputation was taken from the nursing home, where he was found lying in feces, to a hospital, where nurses discovered maggots and gangrene in his leg, according to the police report obtained by local NBC affiliate WMC. His death two days later prompted a state investigation, which revealed the man had not had his dressing changed for two days. Staff said problems arose in part when Skyline told nurses to abandon electronic medical records and go back to paper record keeping.
A spokesperson for the state agency that approved Schwartz's takeover of Ashton Place said while Skyline had faced problems in other states, that did not disqualify it from operating the Memphis nursing home. A month after the death, the Centers for Medicare and Medicaid Services (CMS), the federal agency that oversees the nursing home industry, terminated Medicare certification for the facility and another Skyline property in Tennessee. It terminated a third in the state in 2018.

Wednesday, March 27, 2019

Over Medication in Nursing Homes

Every nursing home resident has the right to be free from unnecessary drugs. A drug may become unnecessary when it is used in an excessive dose and/or duration, without adequate monitoring and/or indications, or in the presence of adverse consequences. For more information, please see LTCCC’s Dementia Care & Psychotropic Drugs fact sheet.

Thursday, March 7, 2019

Surgery Centers Not Reporting Deadly Complications


Levels ChartMedicare data shows that the most common type of surgery performed by an ASC is ophthalmology, specifically cataract surgery. [Click chart]
The rising cost of health care in America is a big concern. Small, relatively routine surgeries that are performed in a hospital can greatly increase those costs. Thus, many patients are directed toward ambulatory or same-day surgery centers. In 1970, the first freestanding surgery center was started in Phoenix to combat rising health care costs and provide more convenient, timely care for patients. The number of ambulatory surgery centers (ASCs) in the United States has exploded since, surpassing 5,600 today.
As the number of surgeries performed in these centers has risen into the millions, so have the risks of medical complications. A new joint investigation by USA TODAY and Kaiser Health News sheds light on centers plagued by poor oversight, unqualified or ill-equipped staff and little-to-no accountability.


Poor Training, Equipment and Procedures Endanger Patients

Since 2013, more than 260 patients have died after “in-and-out” procedures at surgery centers across America. At Kandis Endoscopy Center in Arkansas, two people died and one suffered brain damage in the span of four months after complications during anesthesia. Arkansas is one of 17 states that does not have a mandate for ASCs to report deaths after a procedure.
Medicare reporting qualifications aren’t strong either, allowing ASCs latitude on reporting the number of patients that are transferred to a hospital unless more than half leave by ambulance. A hospital transfer indicates that a surgery center could not handle a serious issue that occurred during a procedure. Only one-third of ASCs voluntarily disclose how often patients are sent to an emergency department. Even the ASC Quality Collaboration, an advocacy organization run by leaders in the industry, requested that Medicare require better reporting. It also publishes a voluntary quarterly quality report.
And what happens when the doctors working at a center are also the owners? In large hospitals, committees and administrators are in place to oversee doctors. However, many surgery centers are partially or fully owned by the physicians who work there. This creates a conflict of interest between a doctor-owner’s financial interests and his/her willingness to report mistakes.
In 2001, gynecologist Dr. Paul Mackoul lost his hospital privileges after a committee reviewed his “competence or conduct” as a physician. He now runs his own surgery center with his wife. In 2015, a uterine cancer patient died after Dr. Mackoul installed a catheter into her chest, even though he was not certified to perform any type of cancer surgery. Her family sued, alleging that the doctor punctured a vein during installation, causing blood to build up in her chest and her lung to collapse. Dr. Mackoul is still performing surgeries today.
Surgical Center


Guide to Vetting Surgery Centers

With millions of procedures or more performed each year, you or a loved one could be referred to a surgery center in the near future. What can you do to reduce the chance of complications?
  • Choose a center that has accreditation. The Centers for Medicare and Medicaid provide a list of approved accrediting organizations. 
  • Talk to trusted friends and family about their experiences. If you know someone who has had the same procedure, ask them about the surgery center they utilized.
  • Look for a facility and surgeons that perform your procedure on a regular basis.
  • Customer reviews are your friend! Do your due diligence and look for patient reviews online before you book your surgery.
  • Make sure your center is close to a hospital just in case an emergency arises. 

Thursday, February 28, 2019

Please Tell Congress to End Forced Arbitration - Support the FAIR Act!

Thursday, February 14, 2019

New York Child Victims Act Becomes Law

Moments ago, New York Governor Andrew Cuomo signed the Child Victims Act into law.  This chapter allows victims of child sexual abuse, incest and related offenses to bring civil claims for injuries until they have reached the age of 55.  It creates a one year window to bring those lawsuits, starting six months after the enactment (August 14, 2019) and ending one year afterwards (August 14, 2020). 

Thursday, February 7, 2019

Improper Staffing in Nursing Homes; and other related articles

The LTC Journal
For the latest news and resources, connect with LTCCC on Facebook (facebook.com/ltccc) & Twitter (twitter.com/LTCconsumer) or visit us on the Web @ www.nursinghome411.org.

IN THIS ISSUE

GOVERNMENT STANDARDS & QUALITY ASSURANCE

IN REPONSE TO SERIOUS CONCERNS ABOUT LOW NURSING HOME STAFFING, CMS ISSUES NEW GUIDANCE TO IMPROVE STATE SURVEY AGENCIES' DETECTION OF INADEQUATE STAFFING
U.S. SENATE FINANCE COMMITTEE’S MINORITY STAFF PUBLISH REPORT ON EMERGENCY PREPAREDNESS REQUIREMENTS, FINDING THE RULES “WHOLLY INADEQUATE”

LTC NEWS & BRIEFS

THE BUFFALO NEWS REPORTS ON NEW YORK STATE’S NURSING HOME LICENSURE PROCESS, RAISING QUESTIONS ABOUT THE THOROUGHNESS OF THE DEPARTMENT OF HEALTH’S REVIEW    
THE WASHINGTON POST REPORTS THAT A PRIVATE-EQUITY FIRM’S OWNERSHIP OF NURSING FACILITIES RESULTED IN “OVERDOSES, BEDSORES, BROKEN BONES”…AND BANKRUPTCY   
STUDY FINDS HIGHER UNEMPLOYMENT RATES ARE ASSOCIATED WITH MORE NURSE STAFFING AND BETTER NURSING HOME QUALITY   
SURVEY FINDS NATIONWIDE OPPOSITION TO THE DEPARTMENT OF LABOR’S PROPOSED ROLL BACK OF RESIDENT LIFT PROTECTIONS   
THE CENTER FOR MEDICARE ADVOCACY PUBLISHES NEW FACT SHEET TO EDUCATE PROVIDERS, CONTRACTORS, AND ADJUDICATORS ABOUT THE JIMMO SETTLEMENT AGREEMENT   

FREE LTCCC RESOURCES   

LTCCC FAMILY & OMBUDSMAN RESOURCE CENTER   
NEW! HANDOUTS & RECORD-KEEPING TOOLS FOR RESIDENT-CENTERED ADVOCACY  
LTCCC WEBINARS   
TELL YOUR STORY   

PLEASE SUPPORT LTCCC’S MISSION    

https://nursinghome411.org/winter-2019-ltc-journal/.

Wednesday, February 6, 2019

Nursing Home Quality In America: All The States Ranked


Placing a loved one in a nursing home is among the hardest decisions you'll ever make. Here's how nursing homes in all the states stack up.
By Beth Dalbey, Patch National Staff  | Jan 31, 2019 5:30 pm ET | Updated Feb 1, 2019 8:38 am ET

Nursing Home Quality In America: All The States Ranked
Putting Mom or Dad in a nursing home is one of the most complicated and emotionally painful decisions you may ever have to make. Where you live can dramatically affect the quality of care, according to an analysis of the latest data from the Centers for Medicare & Medicaid Services.

The ranking of nursing homes in our state is based on how well they performed on the Centers for Medicare & Medicaid Services, or CMS, five-star, quality rating system. Nursing homes were rated for their performance in three areas: health inspections, staffing and quality measures.
The health inspections are based on the number, scope and severity of deficiencies identified during the two most recent annual inspection surveys, as well as substantiated findings from complaint investigations.

Staffing rankings are based on two measures, solely related to the nursing staff: registered nurse hours per resident per day and total staffing hours (registered nurse and licensed practical nurse) per resident per day. (Other types of nursing home staff, such as clerical or housekeeping staff, are not included in this rating calculation).
Quality rankings are based on the performance of 16 quality measures: seven for short-term stay residents and nine for long-term stay residents.

National studies show that 75 percent of older adults prefer to age in their own homes with the assistance of family, friends or professional caregivers. But there may come a time when aging relatives need more care, and that's where nursing homes come in. There are about 15,600 nursing homes in the United States that together have 1.7 million beds and 1.4 million patients.
Here's how the states' nursing homes ranked on the five-star quality rating system:

1. Hawaii - 3.93
2. Washington, D.C. - 3.89
3. Florida - 3.75
4. New Jersey - 3.75
5. Colorado - 3.74
6. Delaware - 3.73
7. Connecticut - 3.73
8. Minnesota - 3.72
9. North Dakota - 3.71
10. Idaho - 3.71
11. Washington - 3.67
12. Rhode Island - 3.64
13. Michigan - 3.63
14. California - 3.63
15. Maine - 3.63
16. Utah - 3.62
17. New Hampshire - 3.59
18. Vermont - 3.58
19. Wisconsin - 3.58
20. Arizona - 3.56
21. Iowa - 3.55
22. Alabama - 3.52
23. Wyoming - 3.51
24. Massachusetts - 3.5
25. South Dakota - 3.48
26. Maryland - 3.47
27. Oregon - 3.46
28. Montana - 3.39
29. Kansas - 3.37
30. Nevada - 3.34
31. New York - 3.33
32. Alaska - 3.33
33. Nebraska - 3.32
34. South Carolina - 3.3
35. Pennsylvania - 3.28
36. Mississippi - 3.27
37. Tennessee - 3.27
38. Ohio - 3.25
39. Indiana - 3.21
40. Virginia - 3.2
41. Arkansas - 3.19
42. Illinois - 3.18
43. West Virginia - 3.15
44. Missouri - 3.12
45. North Carolina - 3.07
46. New Mexico - 3.07
47. Georgia - 3.01

48. Kentucky - 2.98
49. Louisiana - 2.8
50. Oklahoma - 2.76
51. Texas - 2.68

Of those who answered the Care.com survey, 71 percent said they were satisfied with the care their loved one is receiving in a nursing home, 18 percent said they were dissatisfied and 11 percent said they were neither satisfied nor dissatisfied.

One of the primary advantages to placing a family member in a nursing home is that they have access to skilled care around-the-clock, but that doesn't mean they are continuously monitored. On average, the report found, each patient receives about four hours of personalized care per day.
In addition to a higher level of medical attention at skilled care facilities versus assisted living facilities or in-home care, benefits of 24-hour care include meal services and assistance with strenuous activities.

More than half of those surveyed said they would provide full-time care to an aging relative if possible, but another 25.5 percent were unsure.
Respondents were also surveyed concerned the most common requests made during a relative's nursing home stay. Topping the list was requesting special food items at just over 20 percent, followed by extra attention at 19 percent and environmental accommodations (e.g., room temperature) at 17 percent. And 42 percent of respondents said they asked for some type of special accommodation to make their loved one's stay more pleasant.

Nursing home patients' well-being also is affected by how often their loved ones visit. The survey also revealed some interesting findings about how people feel about putting their loved ones in a nursing home, as well as how they'd feel if the situation were reversed.
It found that respondents visited their loved ones six times a month on average, staying an average of one hour and 27 minutes per visit. Well over half of the respondents (55 percent) didn't think they visited enough, averaging only four visits a month. And the 45 percent who were satisfied they were seeing their loved ones enough visited nine times a month.

The big obstacle relatives faced was working around the demands of their jobs. About 57 percent of respondents cited work issues as the No. 1 reason for less frequent visits, and around 39 percent said the visits were too depressing. The survey respondents also gave other reasons for not visiting more often, including 38 percent who cited other family obligations and 34 percent who said finances or the expense of travel was a deterrent. Only 8 percent said the distance to the nursing home kept them away.
A majority of the survey respondents — 77 percent — said they felt guilty about not visiting more often. Of those, 14 percent felt extremely guilty, 21 percent felt moderately guilty, 19 percent felt somewhat guilty, 24 percent slightly guilty and 23 percent had a clear conscience about the frequency of their visits.

Feelings of guilt over the frequency of visits and placing a loved one in a nursing home in the first place aren't unusual, the authors of the report wrote. Experts suggest that talking to others who have been faced with the same decisions may help reduce guilty feelings,.
When the tables were turned, 49 percent said they would be not at all satisfied if they were placed in a nursing home for care, 25 percent said they would be slightly satisfied, 6 percent said they would be moderately satisfied and 2 percent said they would be extremely satisfied.

But among those who made the decision to place loved one in a nursing home, nearly three-fourths of them said it was a difficult decision. To make it easier, experts say it's important to talk parents about care options as they age before a crisis erupts. That's a difficult conversation to have, and research shows that most adults would rather have "the sex talk" with their kids than discuss senior care with their parents.
Of those who made the decision to place a relative in a nursing home without that another family member's input, 63 percent said they would make the same decision again if another relative needed assisted care. But almost 18 percent said they wouldn't send another aging relative to a nursing home, and 19 percent said they weren't sure if they would make the decision alone again.

The numbers changed slightly when another family member was involved in the decision. Of this group, 44 percent would send another aging relative to a nursing home and 47 percent said they were uncertain how they would handle it.
https://patch.com/us/across-america/nursing-home-quality-america-all-states-ranked

Friday, January 11, 2019

Bad Corporate Conduct

A Special Report: The Worst Corporate Conduct of 2018

From the American Association for Justice

Corporate Conduct
Abusing student loan borrowers, burying the consequence of global pollution, buying a seat for a state Supreme Court judge, even perpetuating child slavery – these are just a few examples of the worst corporate conduct revealed in this deeply disturbing report. And who’s paying the price? Your family, friends, millions of fellow Americans and YOU.

BY THE NUMBERS

$1.5 Trillion
Unscrupulous lender Navient is taking advantage of student borrowers, including veterans, as student debt tops $1.5 trillion.

VIDEO BOOKMARK

Climate Change 101
The world’s largest oil companies buried studies on the effect of global warming, which is explained in this video from National Geographic.

THE DOCKET

CONTRIBUTION BLOODHOUNDS

The Center for Responsive Politics “follows the money” to uncover hidden contributions like those made by State Farm to elect a friendly judge.

Monday, January 7, 2019

Increasing Risks in Nursing Homes

Joint Statement on Turmoil in the Nursing Home Industry
January 2019—The nursing home industry is facing tremendous turmoil because some operators are undertaking risky financial deals in an attempt to squeeze out larger profits from their nursing homes, even when these deals could potentially harm residents. The recent collapse of several nursing home chains around the country also raises serious concerns about the quality of states’ licensure processes and the industry’s ability to meet the care needs of a vulnerable population.
In a recently published article, The Washington Post examined the impact that a private-equity firm had on one nursing home chain. After the Carlyle Group bought HCR ManorCare, the number of health deficiencies at the chain “each year rose 26 percent between 2013 and 2017.” During this period, the Carlyle Group sold ManorCare’s real estate empire for about $6.1 billion dollars, in an arrangement which then required to the chain to pay rent to the new owners. Unable to pay the escalating rent, the chain was forced into bankruptcy in 2018. 
ManorCare’s financial troubles are not isolated. Other nursing home chains have collapsed as a result of risky financial decisions and poor management. Skyline Healthcare’s nursing homes in several states were taken over through receiverships and rapid-fire sales after poor management placed residents in danger. The Kansas City Star noted that “[a]nalysts and industry insiders say state regulators should have known Skyline was biting off more than it could chew . . . the company was struggling to pay its bills in other states even before it moved into Kansas . . . .” Skyline acquired many of its facilities from Golden Living, another nursing home chain that was sued by the Pennsylvania Attorney General in 2015. According to The Philadelphia Inquirer, the lawsuit stated that “Golden Living was guilty of deceptive advertising in Pennsylvania in that it promised decent care but did not deliver it.”
Such examples of risky financial arrangements and poor management are in addition to cases of related-party transactions which can siphon money away from resident care. The New York Times explained that “owners of nursing homes outsource a wide variety of goods and services to companies in which they have a financial interest or that they control.” The article added that nearly three-quarters of nursing homes in the U.S. employ such practices and that these nursing homes tend to “have fewer nurses and aides per patient, they have higher rates of patient injuries and unsafe practices, and they are the subject of complaints almost twice as often as independent homes.”
Nursing home residents need to be protected from bad actors who place their lives in danger. States must develop, implement, and enforce better policies and procedures for reviewing operating licenses to make sure existing operators with a history of providing poor care cannot expand their operations and that new operators are thoroughly vetted. Additionally, medical loss ratios should be implemented across the industry to limit profits and administrative costs. Without proper oversight and accountability, resident care will continue to take a backseat to “profits.”   
For additional information and resources, please visit
 Long Term Care Community Coalition
www.nursinghome411.org
One Penn Plaza, Suite 6252
New York, NY 10119
United States