Federal Report Finds Nursing Home Abuse Still Prevalent
According to a recent study by Federal Health officials, only minimal penalties are assessed to organizations that have been repeatedly cited for nursing home abuse of their patients. Congress has established strict standards for nursing homes as far back as 1987, and both Presidents Clinton and Bush, along with the nursing home industry have announced many initiatives to improve nursing home care.
However, The New York Times reports that Congressional Investigators, an investigative arm of Congress, has commented that “Some of these homes repeatedly harmed residents over a six-year period and yet remain in the Medicare and Medicaid programs.” Further, the report illuminated the fact that because of the ‘slap on the wrist’ penalty mentality, some nursing homes cycle ‘in and out of compliance’ with federal standards and such nursing homes present a continued threat to the health and safety of their patients.
The report went on to indicate that the accountability office under the Bush administration rarely uses its authority to deny payment to homes with a history of compliance problems. Fines are typically far less than the maximum $10,000 a day according to the report. Apparently, the Bush administration prefers to impose lighter fines fearing that imposing the $10,000 maximum penalty may force some nursing homes into bankruptcy. Instead, those facilities guilty of nursing home neglect are given a grace period.
The Times’ story commented that Medicaid and Medicare are the largest purchasers of nursing home services. In fact, Medicaid and Medicare account for sixty percent of the $122 billion spent on nursing home care in the year 2005. Federal health officials are working toward providing an internet list of those nursing homes with the worst compliance history.
Those who are sick and dependent, especially our elderly, deserve to be treated with dignity and respect. If you, a family member or a friend, have been severely injured because of the negligence of a New York nursing home or other health care facility, please call the law firm of Wingate, Russotti & Shapiro, LLC, for a free consultation.
