The Centers for Medicare & Medicaid Services ("CMS") has just launched "Nursing Home Compare" which provides quality ratings for each of the nation’s 16,000 Medicare and/or Medicaid-certified nursing homes. The rating system is a five-star system based on health inspection results, quality measures, and staffing levels and an overall rating is also provided. Visit the rating system here. CMS suggests using these Read More

A former nursing home director was sentenced to 19 months in prison and 3 years of probation for neglecting a 60-year-old woman. For the full article, click here. According to the article, the resident was in agony for 5 days before staff called an ambulance. Apparently, aides had dropped the resident while moving her into her bed. Unbelievably, the nurse waited 5 days before ordering X-rays: despite multiple Read More

Some Illinois County coroners would like to see a new law requiring nursing homes to report every death for investigation into potential abuse or neglect. For the full article, click here. According to the article, the Illinois State Department of Public Health conducted a pilot project in 10 Illinois counties over the course of a year to determine whether a policy to investigate nursing home deaths by a coroner Read More

Desperate to learn the truth, the family of an 84-year-old resident of a Kentucky nursing home hid a video camera in the resident's room after discovering dozens of bruises all over her body and not receiving satisfactory answers from the staff. Read the full article here. The videotape captured the staff "pulling the resident out of bed by her wrists and neck," and "roughly moving the resident from side to side," Read More

An Arizona nursing home was found with more than two dozen violations and has agreed to pay the State $17,500 in civil penalties as a result notes the Arizona Daily Star. According to the article, among the violations noted, including a failure to protect its elderly residents from sexual abuse, state inspectors found that the home also failed to timely note that a resident suffered a seizure, fell and was Read More

At trial time, Defendants may make a motion before the Court to exclude gruesome photographs of injuries. However, simply because the photograph(s) may be gruesome and possibly cause prejudice in the minds of the jury is no reason to exclude the photograph(s). See e.g. Burnett v. Caho, 7 Ill.App.3d 266, 272 (3rd Dist. 1972). Admissibility is within the discretion of the trial judge and it is common practice to Read More

As noted in a recent N.Y. Times Article, the Department of Health and Human Services ("HHS") noted that over 90% of U.S. nursing homes were cited for federal health and safety standards violations last year--and notably, for-profit homes had more problems. The report by HHS noted issues with pressure sores (also known as bed sores or decubitus ulcers), medication errors, and abuse and neglect among others and Read More

The Centers for Medicare and Medicaid Services ("CMS") provides extremely useful information about Medicare and Medicaid nursing home providers with links to applicable laws, regulations and compliance information. You can view the main site here: www.cms.hhs.gov/CertificationandComplianc/12_NHs.asp. Most importantly, however, CMS provides a list of what is known as "special focus facilities" or a list of nursing Read More