Archive for the ‘Caregivers Resources’ Category

Federal Requirements for Long Term Care Facilities

Federal Requirements for Nursing Homes and Long Term Care Facilities

Federal Requirements for Long Term Care Facilities – 42 CFR 483

The federal requirements and regulations for long term care facilities also known as nursing homes are contained at 42 CFR 483. Each regulation sets for the minimum standard of care which is then inspected by the Center for Medicaid Service and Minnesota Department of Health in surveys or complaint investigations.

Here is the Nursing Home Reform Act Federal Requirements for Long Term Care Facilities

These federal requirements for long term care facilities set the standard of care for the facility, staff and medical providers.

Basis and scope.

Definitions.

Resident rights.

Admission, transfer and discharge rights.

§483.13

Resident behavior and facility practices.

Quality of life.

Resident assessment.

Quality of care.

Nursing services.

Dietary services.

Physician services.

Specialized rehabilitative services.

Dental services.

Pharmacy services.

Infection control.

Physical environment.

§483.75

Administration.

Many of the quality of care issues are addressed in 42 CFR 483.25, which has many subparts each on a specific type of care issue including:

42 CFR 483.25 Quality of care.

Quality of care is a fundamental principle that applies to all treatment and care provided to facility residents. Based on the comprehensive assessment of a resident, the facility must ensure that residents receive treatment and care in accordance with professional standards of practice, the comprehensive person-centered care plan, and the resident’s choices, including but not limited to the following:

(a) Vision and hearing. To ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities, the facility must, if necessary, assist the resident—

(1) In making appointments, and

(2) By arranging for transportation to and from the office of a practitioner specializing in the treatment of vision or hearing impairment or the office of a professional specializing in the provision of vision or hearing assistive devices.

(b) Skin integrity.

(1) Pressure ulcers. Based on the comprehensive assessment of a resident, the facility must ensure that—

(i) A resident receives care, consistent with professional standards of practice, to prevent pressure ulcers and does not develop pressure ulcers unless the individual’s clinical condition demonstrates that they were unavoidable; and

(ii) A resident with pressure ulcers receives necessary treatment and services, consistent with professional standards of practice, to promote healing, prevent infection and prevent new ulcers from developing.

(2) Foot care. To ensure that residents receive proper treatment and care to maintain mobility and good foot health, the facility must—

(i) Provide foot care and treatment, in accordance with professional standards of practice, including to prevent complications from the resident’s medical condition(s) and

(ii) If necessary, assist the resident in making appointments with a qualified person, and arranging for transportation to and from such appointments.

(1) The facility must ensure that a resident who enters the facility without limited range of motion does not experience reduction in range of motion unless the resident’s clinical condition demonstrates that a reduction in range of motion is unavoidable; and

(2) A resident with limited range of motion receives appropriate treatment and services to increase range of motion and/or to prevent further decrease in range of motion.

(3) A resident with limited mobility receives appropriate services, equipment, and assistance to maintain or improve mobility with the maximum practicable independence unless a reduction in mobility is demonstrably unavoidable.

(d) Accidents. The facility must ensure that—

(1) The resident environment remains as free of accident hazards as is possible; and

(2) Each resident receives adequate supervision and assistance devices to prevent accidents.

(e) Incontinence.

(1) The facility must ensure that a resident who is continent of bladder and bowel on admission receives services and assistance to maintain continence unless his or her clinical condition is or becomes such that continence is not possible to maintain.

(2) For a resident with urinary incontinence, based on the resident’s comprehensive assessment, the facility must ensure that—

(i) A resident who enters the facility without an indwelling catheter is not catheterized unless the resident’s clinical condition demonstrates that catheterization was necessary;

(ii) A resident who enters the facility with an indwelling catheter or subsequently receives one is assessed for removal of the catheter as soon as possible unless the resident’s clinical condition demonstrates that catheterization is necessary, and

(iii) A resident who is incontinent of bladder receives appropriate treatment and services to prevent urinary tract infections and to restore continence to the extent possible.

(3) For a resident with fecal incontinence, based on the resident’s comprehensive assessment, the facility must ensure that a resident who is incontinent of bowel receives appropriate treatment and services to restore as much normal bowel function as possible.

(f) Colostomy, urostomy, or ileostomy care. The facility must ensure that residents who require colostomy, urostomy, or ileostomy services, receive such care consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents’ goals and preferences.

(g) Assisted nutrition and hydration. (Includes naso-gastric and gastrostomy tubes, both percutaneous endoscopic gastrostomy and percutaneous endoscopic jejunostomy, and enteral fluids). Based on a resident’s comprehensive assessment, the facility must ensure that a resident—

(1) Maintains acceptable parameters of nutritional status, such as usual body weight or desirable body weight range and electrolyte balance, unless the resident’s clinical condition demonstrates that this is not possible or resident preferences indicate otherwise;

(2) Is offered sufficient fluid intake to maintain proper hydration and health; and

(3) Is offered a therapeutic diet when there is a nutritional problem and the health care provider orders a therapeutic diet.

(4) A resident who has been able to eat enough alone or with assistance is not fed by enteral methods unless the resident’s clinical condition demonstrates that enteral feeding was clinically indicated and consented to by the resident; and

(5) A resident who is fed by enteral means receives the appropriate treatment and services to restore, if possible, oral eating skills and to prevent complications of enteral feeding including but not limited to aspiration pneumonia, diarrhea, vomiting, dehydration, metabolic abnormalities, and nasal-pharyngeal ulcers.

(h) Parenteral fluids. Parenteral fluids must be administered consistent with professional standards of practice and in accordance with physician orders, the comprehensive person-centered care plan, and the resident’s goals and preferences.

(i) Respiratory care, including tracheostomy care and tracheal suctioning. The facility must ensure that a resident who needs respiratory care, including tracheostomy care and tracheal suctioning, is provided such care, consistent with professional standards of practice, the comprehensive person-centered care plan, the residents’ goals and preferences, and §483.65 of this subpart.

(j) Prostheses. The facility must ensure that a resident who has a prosthesis is provided care and assistance, consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents’ goals and preferences, to wear and be able to use the prosthetic device.

(k) Pain management. The facility must ensure that pain management is provided to residents who require such services, consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents’ goals and preferences.

(l) Dialysis. The facility must ensure that residents who require dialysis receive such services, consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents’ goals and preferences.

(m) Trauma-informed care. The facility must ensure that residents who are trauma survivors receive culturally-competent, trauma-informed care in accordance with professional standards of practice and accounting for residents’ experiences and preferences in order to eliminate or mitigate triggers that may cause re-traumatization of the resident.

(n) Bed rails. The facility must attempt to use appropriate alternatives prior to installing a side or bed rail. If a bed or side rail is used, the facility must ensure correct installation, use, and maintenance of bed rails, including but not limited to the following elements.

(1) Assess the resident for risk of entrapment from bed rails prior to installation.

(2) Review the risks and benefits of bed rails with the resident or resident representative and obtain informed consent prior to installation.

(3) Ensure that the bed’s dimensions are appropriate for the resident’s size and weight.

(4) Follow the manufacturers’ recommendations and specifications for installing and maintaining bed rails.

Consumer Voice produced a chart of changes and new federal nursing home rules and regulations.

If you have any questions about injury or assault or care provided at a nursing home or other type provider such as assisted living or memory care, contact Nursing Home Neglect and Abuse Lawyer Kenneth LaBore, toll free at 1-888-452-6589 or 612-743-9058 or by email at KLaBore@MNnursinghomeneglect.com.

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Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

Pine Ridge Residence Bagley Abuse to Client

Written By: Kenneth LaBore | Published On: 26th April 2017 | Category: Elder Physical Abuse, Patient Rights | RSS Feed

Pine Ridge Residence Bagley Abuse of Client by Staff Members Who Restrain Client in Bathroom

Pine Ridge Residence Bagley Abuse to Client

In a report from the Minnesota Department of Health, dated January 12, 2017, it was alleged that a client Pine Ridge Residence Bagley was abused when perpetrator #1, restrained the client in the bathrrom and propped a chair upder the dooe knob preventing the cleitn from getting out. It is also alleged, that a client was abused when alleged perpetrator #2, restrained the client in the bathroom by shutting the door and holding his/her foot against the door.

Pine Ridge Residence Bagley Substantiated Abuse

Based on the report, a preponderance of the evidence established that abuse occurred when the allged perpetrators (AP), AP #1 and AP #2, restricted the client from leaving the bathroom. The facility failed to assess and develop an individual plan for the client’s toileting needs resulting in staff confining the client to the bathroom for toileting.

The client had severe intellectual and developmental disabilities. The client was ambulatory and non-verbal. The client had a history of constipation issues and would go four to five days between bowel movements.

Staff members were interviewed. When the client did not have a bowel movement, the staff would bring the client to the bathroom. Staff instructed the client to stay seated on the toilet, but the client would continue to stand up or fling the bathroom door open with his/her hand. Staff reported AP #1 placed a chair against the bathroom door on two occasions, while the client was supposed to be using the toilet. On one occasion, AP #1 instructed another employee to place a chair against the bathroom door. Over several months, AP #1 placed the chair outside the bathroom door multiple times when the client was inside the bathroom. AP #2 would put a standing tray with some toys on it in front of the client when the client was seated on the toilet, close the bathroom door, then AP #2 would hold his/her foot against the door for about five to ten minutes. This would restrict the client from leaving the bathroom. The client’s comprehensive functional assessment did not address the client’s plan or needs for toileting.

AP #1 was interviewed and stated during morning cares s/he put the client in the bathroom and told the client to sit on the toilet. The client did not want to sit, was getting up, and AP #1 instructed the client to sit back down on the toilet. AP #1 stated the dining room chair was not propped up under the door knob, but was placed against the outside of the bathroom door. AP #1 would sit on the chair with his/her back to the door. The AP #1 stated that client was in the bathroom for five minutes and had voided on the toilet. The AP stated there were other instances when s/he held her hand on the door knob or placed his/her body against the bathroom door hoping the client would have a bowel movement. AP #1 stated this did prevent the client from leaving the bathroom. The AP stated s/he never asked a staff person to place a dining room chair in front of the bathroom door with client inside.

AP #2 was interviewed and stated the client did not want to sit on the toilet to have a bowel movement. AP #2 would place a standing tray with toys on it in front of the toilet in hopes the client would stay seated on the toilet. AP #2 stated s/he put her foot against the door so the client would have privacy and would not leave the bathroom. AP #2 stated the client gets upset if s/he stays in the bathroom with the client. The AP stated the client was getting up off the toilet so s/he placed her foot against the door.

The client’s guardian stated it has been an ongoing issue with the client using the bathroom. The guardian stated a chair in front of the bathroom door was not acceptable and did not want to the situation handled in that manner.

Pine Ridge Residence Bagley – Report Abuse and Neglect

Click Here For Link To Report Abuse To Adult Protection

For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.

If you have concerns about physical abuse, financial exploitation or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore toll free at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

St Paul Nursing Home Abuse Lawyers

Written By: Kenneth LaBore | Published On: 6th February 2017 | Category: Nursing Home Abuse and Neglect, Nursing Home Care Issues, Sexual Abuse, Wrongful Death | RSS Feed

St Paul Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

St Paul Nursing Home Abuse Lawyers

Attorneys Kenneth LaBore, Esq. and Suzanne Scheller, Esq. have separate firms but work together on many serious injury elder abuse and neglect and wrongful death cases splitting the contingent fee at no additional expense to the client. Neither attorney is paid unless they win a verdict or get a settlement offered by the wrongdoer. Nursing home neglect and abuse cases are complicated claims and often involve allegations which require expert witness support and use of wrongful death statutes. Mr. LaBore and Ms. Scheller only handle cases with very serious injury, assault or death. They work hard to get accountability from facilities and to ensure as much as possible that policy and procedure and other changes including training are made to protect residents still in the facility.

We represent clients and their families throughout the state of Minnesota and will come to meet with you if you are unable to meet in one of our offices.

St Paul Nursing Home Abuse Lawyers – Providers

To find a nursing home provider in Minnesota you can check the Minnesota Department of Health website for information on licensure of potential facilities, finding a facility, including complaint history, state survey reports, resident bill of rights, Minnesota Nursing Home Report Card, CMS Medicare Five Star Rating system under Nursing Home Compare and more information related to nursing home and elder care providers.

To check for the updated list of providers in Minneapolis see Minnesota Department of Health Provider lookup.

For more information on selecting a nursing home see Choosing a Facility.

St Paul Nursing Home Abuse Lawyers – Facilities in St Paul

We can investigate and handle cases against these St Paul facilities as well as other in Ramsey County and throughout the state of Minnesota:

Name: BETHEL CARE CENTER
Address: 420 MARSHALL AVENUE
ST PAUL, MN 55102
Phone: 651-224-2368 Fax: 651-224-0140
Administrator: MS. KELLY ELLIS
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 141)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 141)

Name: CAPITOL VIEW TRANSITIONAL CARE
Address: 640 JACKSON STREET
ST PAUL, MN 55101
Phone: 651-254-0400 Fax: 651-254-0422
Administrator: MS. MICHELLE MANGAN
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 32)
Federally Certified Beds: (Medicare Skilled Nursing Facility Beds = 32)

Name: CARONDELET VILLAGE CARE CENTER
Address: 525 FAIRVIEW AVENUE SOUTH
ST PAUL, MN 55116
Phone: 651-695-5000 Fax: 651-695-5001
Administrator: MR. GAVIN MIDDLETON
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 45)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 45)

Name: CERENITY CARE CTR MARIAN
Address: 200 EARL STREET
ST PAUL, MN 55106
Phone: 651-793-2100 Fax: 651-771-4509
Administrator: MS. MARTHA SWENSON
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 90)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 90)

Name: CERENITY CARE CTR ON HUMBOLDT
Address: 512 HUMBOLDT AVENUE
ST PAUL, MN 55107
Phone: 651-227-8091 Fax: 651-220-1755
Administrator: MR. MICHAEL SYLTIE
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 117)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 117)

Name: CERENITY RES ON HUMBOLDT
Address: 514 HUMBOLDT AVENUE
ST PAUL, MN 55107
Phone: 651-220-1700 Fax: 651-220-1724
Administrator: MR. MICHAEL SYLTIE
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 30)
Federally Certified Beds: (Medicare Skilled Nursing Facility Beds = 30)

Name: EPISCOPAL CHURCH HOME GARDENS
Address: 1860 UNIVERSITY AVENUE WEST
ST PAUL, MN 55104
Phone: 651-272-4963 Fax: 651-272-4950
Administrator: MR. KEANAN FRANCO
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 60)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 60)

Name: EPISCOPAL CHURCH HOME OF MN
Address: 1879 FERONIA AVENUE
ST PAUL,  MN  55104
Phone: 651-209-8519   Fax: 651-288-5087
Administrator: MS. MELISSA SCHNEIDER
Minnesota Licensed Bed Capacity: (Boarding Care Home Beds = 50)   (Nursing Home Beds = 81)
Federally Certified Beds: (Medicaid Nursing Facility Beds = 50)   (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 81)

Name: GALTIER HEALTH CENTER
Address: 445 GALTIER AVENUE
ST PAUL, MN 55103
Phone: 651-224-1848 Fax: 651-224-9613
Administrator: MR. THOMAS THOMPSON
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 107)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 107)

Name: GOLDEN LIVINGCENTER LYNNHURST
Address: 471 LYNNHURST AVENUE WEST
ST PAUL, MN 55104
Phone: 651-645-6453 Fax: 651-659-0681
Administrator: MR. MICHAEL CARLSON
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 72)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 72)

Name: HIGHLAND CHATEAU HCC
Address: 2319 WEST SEVENTH STREET
ST PAUL, MN 55116
Phone: 651-251-3083 Fax: 651-698-0378
Administrator: MS. HEATHER WELTER
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 64)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 64)

Name: LITTLE SISTERS OF THE POOR
Address: 330 SOUTH EXCHANGE STREET
ST PAUL,  MN  55102
Phone: 651-227-0336   Fax: 651-227-5484
Administrator: SISTER MARY ELIZABETH ANDERSON
Minnesota Licensed Bed Capacity: (Boarding Care Home Beds = 33)   (Nursing Home Beds = 40)
Federally Certified Beds: (Medicaid Nursing Facility Beds = 33)   (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 40)

Name: LYNGBLOMSTEN CARE CENTER
Address: 1415 ALMOND AVENUE
ST PAUL, MN 55108
Phone: 651-646-2941 Fax: 651-646-8360
Administrator: MR. JEFF HEINECKE
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 237)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 237)

Name: NEW HARMONY CARE CENTER
Address: 135 GERANIUM AVENUE EAST
ST PAUL, MN 55117
Phone: 651-488-6658 Fax: 651-488-7587
Administrator: MR. TRENTON CARLSON
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 76)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 76)

Name: SHIRLEY CHAPMAN SHOLOM HM EAST
Address: 740 KAY AVENUE
ST PAUL, MN 55102
Phone: 651-328-2008 Fax: 651-328-2070
Administrator: MS. ANDREA KREBS
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 108)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 108)

Name: SOUTHVIEW ACRES HLTH CARE CTR
Address: 2000 OAKDALE AVENUE
WEST ST PAUL, MN 55118
Phone: 651-554-9558 Fax: 651-451-9538
Administrator: MS. SHELLY WEISS
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 231)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 231)

Name: ST ANTHONY PARK HOME
Address: 2237 COMMONWEALTH AVENUE
ST PAUL, MN 55108
Phone: 651-632-3503 Fax: 651-644-0792
Administrator: MR. JOHN BARKER
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 84)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 84)

Name: WALKER METH WESTWOOD RIDGE II
Address: 61 THOMPSON AVENUE W
WEST ST PAUL, MN 55118
Phone: 651-259-2701 Fax: 651-259-2724
Administrator: MS. BRENDA SCHRUPP
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 37)
Federally Certified Beds: (Medicare Skilled Nursing Facility Beds = 37)

For more information about nursing home facility MDH Complaints see “facilities”.

For more information about nursing home nursing home Medicaid Survey findings see “survey findings”.

St Paul Nursing Home Abuse Lawyers – Report Suspected Abuse

Pursuant to Minn. Statute 144.7065, Subd. 7, potential criminal events, events reportable under this subdivision are:

(1) any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider;
(2) abduction of a patient of any age;
(3) sexual assault on a patient within or on the grounds of a facility; and
(4) death or serious injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of a facility.

In addition to the reporting requirements for the facility you should also report any physical or sexual abuse to the local police department and the Minnesota Department of Health Office of Health Facility Complaint, OHFC. See the attached for more information about reporting elder abuse and neglect.

The Minnesota Department of Health MDH, Office of Health Facility Complaints, OHFC, protects the identity of the person making the complaint and the mistreated patient or resident. Serious questions of health or safety are investigated within two business days.

St Paul Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

If you have concerns about nursing home or assisted living elder abuse and neglect injuries and you are interested in a free consultation to discuss your case call Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com. Mr. LaBore can also be reached at 1-888-452-6569. If the elder neglect and abuse case is accepted you would have two lawyers fighting for accountability on your behalf.

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Survey Findings

Written By: Kenneth LaBore | Published On: 6th February 2017 | Category: Nursing Home Abuse and Neglect, Patient Rights | RSS Feed

Minnesota Nursing Home Survey Findings

According to the Minnesota Department of Health, Health Regulation Division, under a cooperative agreement with the Centers for Medicare and Medicaid (CMS), is responsible for ensuring that facilities accepting Medicare and Medicaid payment for services provided to program beneficiaries meet federal regulations and certification rules.

The surveys evaluate the quality of care and services provided, as well as the appropriateness of the facility’s building, equipment, staffing, policies, procedures and finances. They are a snapshot of the facility’s performance at the point in time when the survey is conducted.

For a recent list of providers and their most recent nursing home survey findings see the Minnesota Department of Health Surveys.

Survey Findings and Other Resources for Researching a Facility

Call Attorney Kenneth LaBore to Discuss Nursing Home Survey Findings

If you have concerns about the results of state surveys or nursing home or assisted living elder abuse and neglect injuries and you are interested in a free consultation to discuss your case call Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com. Mr. LaBore can also be reached at 1-888-452-6569. There is no fee charged unless there is a verdict or settlement offered by wrongdoer.

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Nursing Home Arbitration Agreements

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Admission and Discharge Issues, Nursing Home Abuse and Neglect, Nursing Home Care Issues, Wrongful Death | RSS Feed

Nursing Home Arbitration Agreements

Minnesota Nursing Home Arbitration Agreements

Nursing homes cannot seek pre-dispute arbitration agreement as condition for admission. Pursuant to federal regulations 42 CFR 483.70(n), binding arbitration agreements. (1) A facility must not enter into a pre-dispute agreement for binding arbitration with any resident or resident’s representative nor require that a resident sign an arbitration agreement as a condition of admission to the LTC facility.

Nursing homes attempt to get arbitration agreements many of which limit the rights of person who is injured or even killed due to the neglect of the facility. Anything that limits your rights is not a good idea and a really bad idea if it reduces the exposure to the owners of the facility for mistakes made during resident cares. The arbitration agreement acts as a disincentive to provide the highest quality of care, supervision and services practicable.

Arbitration agreements usually do not allow you to litigate your case to a jury and may limit the parties that can hear the dispute. There is an inherent conflict in a system where the same arbitration association hears all the disputes for the nursing home since they deal with the injured plaintiff only once but are selected by the nursing home in every case in the arbitration agreement. If the arbitration awards go against the facility they can simply decide to choose another company to hear the disputes, this could make the arbitration association or arbitrators they use dependent on facility awards, hence creating a bias to a party which is supposed to be neutral.

Here are the Conditions When There Are Signed Arbitration Agreements

Pursuant to 42 CFR 483.70(n)(2), if, after a dispute between the facility and a resident arises, and a facility chooses to ask a resident or his or her representative to enter into an agreement for binding arbitration, the facility must comply with all of the requirements in this section.

(i) The facility must ensure that:

(A) The agreement is explained to the resident and their representative in a form and manner that he or she understands, including in a language the resident and their representative understands, and

(B) The resident acknowledges that he or she understands the agreement.

(ii) The agreement must:

(A) Be entered into by the resident voluntarily.

(B) Provide for the selection of a neutral arbitrator agreed upon by both parties.

(iii) A resident’s continuing right to remain in the facility must not be contingent upon the resident or the resident’s representative signing a binding arbitration agreement.

(iv) The agreement must not contain any language that prohibits or discourages the resident or anyone else from communicating with federal, state, or local officials, including but not limited to, federal and state surveyors, other federal or state health department employees, and representatives of the Office of the State Long-Term Care Ombudsman, in accordance with §483.10(k).

(v) The agreement may be signed by another individual if:

(A) Allowed by state law;

(B) All of the requirements in this section are met; and

(vi) When the facility and a resident resolve a dispute with arbitration, a copy of the signed agreement for binding arbitration and the arbitrator’s final decision must be retained by the facility for 5 years and be available for inspection upon request by CMS or its designee.

Contact Attorney Kenneth LaBore Before of After Signed Arbitration Agreements

It is best to have a lawyer review any agreement, especially a nursing home arbitration agreement before the resident or their legal representative signs, however if there is an injury contact an elder abuse attorney to review the contract before agreeing to terms as well. There are requirements in the law that may effect the enforceability of all or part of the arbitration agreement and there are situations where you may be able to contest the agreement or some of its terms.

If you have questions about your rights and an arbitration agreement or to discuss a nursing home injury call Kenneth L. LaBore for a free consultation at 612-743-9048 or 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Memory Care Assault

Written By: Kenneth LaBore | Published On: 4th February 2017 | Category: Assisted Living Care Issues, Caregivers Resources, Elder Physical Abuse | RSS Feed

Minnesota Memory Care Assault to Resident

Memory Care Assault Due to Lack of Supervision

Due to the fact that many of the residents have Alzheimer’s or dementia memory care assault is a real risk that needs to be addressed. Well trained staff who know how to redirect residents who are upset and separate those who are a risk from others, is a key to reducing the environment which leads to aggravated interactions.

Even though a memory care facility may charge more per month than other types of elder care providers including nursing homes, the staff is not generally well trained and they are not there to provide medical care unless they are coming in to see a resident as contracted services.

According to Minnesota Statute 144D.065 (a)(2), direct-care employees must have completed at least eight hours of initial training on topics specified under paragraph (b) within 160 working hours of the employment start date. The specialized training under paragraph (b) includes:

(b) Areas of required training include:

(1) an explanation of Alzheimer’s disease and related disorders;
(2) assistance with activities of daily living;
(3) problem solving with challenging behaviors; and
(4) communication skills.

As you can see the training for specialized memory care staff is very limited and does not include any medical training what-so-ever. The lack of training with many resident which have limited mobility and other medical and physical issues leads to many forms of preventable situations including assault to vulnerable residents from other residents and unfortunately sometimes staff.

Memory Care Assault by Other Residents

Due to problems with confusion and cognitive issues related to Alzheimer’s or dementia or medications, loss of vision or hearing or some other reason, residents can become agitated and irritated with each other and if not properly supervised and controlled there can be assaults some leading to serious falls, and other injuries such as head injuries with subdural hematomas.

Memory Care Assault by Staff Members

There are unfortunately situations where staff members lose control of their temper and inappropriately let their frustration on staffing issue or personal problems out on the residents dependent on their assistance and supervision. There is no excuse for elder abuse ever. Management has to take all reasonable measures to protect the safety of residents from abuse by staff including background checks of the staff, training on Alzheimer’s and dementia and issues related to providing care to those with cognitive issues. There should be a climate in the organization to treat all the clients with respect and dignity and to report any concerns about abuse to residents from staff or other residents to management and the department of health.

Minnesota is a one person consent video state which means that you can place a hidden camera in the room of a resident. The room is a private space just like an apartment in any other building and the resident can have a hidden camera if the resident and/or their legal representative consents to the recording.

Memory Care Assault Reporting

According to Minn. Statute 144.7065, Subd. 7, potential criminal events, events reportable under this subdivision are:

(1) any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider;
(2) abduction of a patient of any age;
(3) sexual assault on a patient within or on the grounds of a facility; and
(4) death or serious injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of a facility.

In addition to the reporting requirements for the facility you should also report any physical abuse to the local police department and the Minnesota Department of Health Office of Health Facility Complaint, OHFC. See the attached for more information about reporting elder abuse and neglect.

If you have questions about physical assault or abuse in a memory care facility or other elder provider or nursing home or other elder abuse and neglect issues contact Kenneth LaBore for a free consultation. There is no fee unless there is a verdict or settlement offer from the wrongdoer. Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Memory Care Falls

Written By: Kenneth LaBore | Published On: 3rd February 2017 | Category: Assisted Living Care Issues, Caregivers Resources, Fall Injuries, Hoyer Lift, Patient Lift, Wrongful Death | RSS Feed

Alzheimer’s Dementia Memory Care Falls

Memory Care Falls Result in Part Due to Lack of Training

Falls in memory care and other elder care facilities are common occurrences. The resident’s usually have Alzheimer’s or dementia and are prone to confusion and many are able to ambulate which leads to a higher risk of falls. Due to osteoporosis and other age related issues falls lead to very serious many leading to death. The irony is that despite the lack of regulation and training many memory care providers charge premium prices and often exceed the expense for rehabilitative care and skilled nursing in a traditional nursing home.

You may think that many memory care providers are providing cares similar to a nursing home. This assumption is reasonable when you seen literature talking about “nursing services in a home like environment”. What this means is that you are renting an apartment or room and that you are subcontracting for home care services to be provided at that location. The staff at the memory care provider needs no special credentials as they are not considered nursing aides. They need only limited training and the limited disclosures to tenant families. According to Minnesota Statute 325F.72. Written disclosure shall include, but is not limited to the following:

(1) a statement of the overall philosophy and how it reflects the special needs of residents with Alzheimer’s disease or other dementias;
(2) the criteria for determining who may reside in the special care unit;
(3) the process used for assessment and establishment of the service plan or agreement, including how the plan is responsive to changes in the resident’s condition;
(4) staffing credentials, job descriptions, and staff duties and availability, including any training specific to dementia;
(5) physical environment as well as design and security features that specifically address the needs of residents with Alzheimer’s disease or other dementias;
(6) frequency and type of programs and activities for residents of the special care unit;
(7) involvement of families in resident care and availability of family support programs;
(8) fee schedules for additional services to the residents of the special care unit; and
(9) a statement that residents will be given a written notice 30 days prior to changes in the fee schedule.

(b) Areas of required training include:

Memory Care Falls

There are many types of falls which occur in memory care facilities. The residents need to be supervised to assure they do not wander or elope from the facility, fall down stairwells, slip out of chairs or wheelchairs, fall from beds or in the bathroom off the toilet or in the shower.

Common injuries from falls in memory care facilities include, head injuries, including subdural hematomas, pelvic and hip fractures, fractured femur and other limbs.

Reporting Memory Care Falls

Pursuant to Minnesota Statute 144.7065, Subd. 1., each facility shall report to the commissioner the occurrence of any of the adverse health care events described in subdivisions 2 to 7 as soon as is reasonably and practically possible, but no later than 15 working days after discovery of the event. The report shall be filed in a format specified by the commissioner and shall identify the facility but shall not include any identifying information for any of the health care professionals, facility employees, or patients involved. The commissioner may consult with experts and organizations familiar with patient safety when developing the format for reporting and in further defining events in order to be consistent with industry standards.

The statute goes on in Subd. 5, to state that it is required for the facility to report patient death or serious injury associated with a fall while being cared for in a facility.

Attorney for Memory Care Falls

If you have questions about fall injuries or other forms nursing home abuse and neglect contact Kenneth LaBore for a free consultation. There is no fee unless there is a verdict or settlement offer from the wrongdoer. Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Nursing Home Injury Lawyer

Written By: Kenneth LaBore | Published On: 24th January 2017 | Category: Nursing Home Abuse and Neglect, Nursing Home Care Issues, Wrongful Death | RSS Feed

Minnesota Nursing Home Injury Lawyer Kenneth LaBore

Minnesota Nursing Home Injury Lawyer

The term nursing home injury lawyer is one which is really broader since there are many types of elder and vulnerable adult service providers ranging from in home services, memory care, assisted living and skilled nursing facilities often called “nursing homes”. Many nursing homes are federally subsidized and accept Medicare Medicaid payments and are regulated by federal regulations.

Nursing Home Injury Lawyer Obstacles

In Minnesota nursing home and other types of elder abuse and neglect claims are considered medical malpractice claims for a breach in the standard of care for that type of provider and usually require expert witness support neglect in order to start a lawsuit. Depending on the facts many cases are also wrongful death claims which have additional requirements such as the necessity to appoint a trustee on behalf of the surviving next-of-kin and limitations on damages such as pain and suffering.

To be successful a nursing home injury lawyer must be familiar with the state and federal regulations which set forth the minimum standards for care and treatment in facilities, also how to research the history of facilities including their past Medicaid surveys and Minnesota Department of Health Office of Health Facilities complaints for substantiated allegations of deficiencies.

Elder neglect cases are often very complicated as the resident or client may have numerous medical conditions make the resident more vulnerable and the injury must be separated from prior conditions. Often there are records from many medical providers and specialists, as well as bills for hospital stays for several diagnostic codes at once and other facts that need to be sorted out. There are also numerous statutes dealing with medical liens and particular settlement issues such as consideration for changes in future medical needs for parties, or distribution to next-of-kin as examples.

As a nursing home injury lawyer it is important to understand how the residents are injured and how to show the breach in the standard of care. Often this includes the need to depose or take testimony of the staff of the nursing home and other professional including nurses, administrators and doctors and coroners to establish the necessary elements of the case.

A Nursing Home Injury Lawyer Can Be a Great Resource for Information

For more information about elder abuse and neglect see the Resources page for many links to sites about elder abuse and neglect as well as summaries of regulations, resident rights and other important issues.

Most importantly if you suspect a vulnerable adults is the victim of abuse or neglect report your suspicions then call Attorney Kenneth LaBore for information on your options to how to ensure the safety of the resident and then get accountability to protect that resident and others.

Nursing Home Injury Lawyer Kenneth LaBore

Kenneth LaBore is an attorney who has handled thousands of injury cases and hundreds of elder abuse neglect and wrongful death claims for clients throughout the state of Minnesota. Many of the cases include falls, medication errors, failure to respond to a change in condition, assaults and other forms of abuse and neglect. There is a common theme of short staffing leading to a environment where vulnerable adults usually senior citizens some with dementia or Alzheimer’s are put at risk.

For a free consultation with Nursing Home Injury Lawyer Kenneth LaBore call him directly at 612-743-9048 or toll free at 1-888-452-6589. Mr. LaBore can also be reached by email at KLaBore@MNnursinghomeneglect.com. There is no fee unless there is a verdict or settlement with wrongdoer.

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Minnesota Nursing Home Regulations

Written By: Kenneth LaBore | Published On: 20th January 2017 | Category: Caregivers Resources, Nursing Home Abuse and Neglect | RSS Feed

Minnesota Nursing Home Regulations

In addition to federal regulations for nursing homes and long term care facilities there are also Minnesota Nursing Home Regulations designed to protect residents and set minimum standards for care, services, supervision and treatments.

Health & Supportive Services

Nursing Homes – Minn. Stat. §§ 144A.01-.37; Minn. R. 4658 et al

Veteran’s Homes – Minn. Stat. §§ 198 et al; Minn. R. 9050 et al

Boarding Care Homes – Minn. Stat. §§ 144.50-144.56; Minn. R. 4655 et al

Home Care Licensure Law – Minn. Stat. § 144A.43-.48; Minn. R. 4668

Housing with Services Establishment Act – Minn. Stat. § 144D

Assisted Living Services – Minn. Stat. § 144G

Memory Care – Minn. Stat. §§ 144.6503; 144D.065; 144A.45, Subd. 5; and 245A.04, Subd. 12

Patient Rights

Assisted Living Bill of Rights Addendum– Minn. Stat. § 144A.441

Health Care Bill of Rights – Minn. Stat. § 144.651

Home Care Bill of Rights – Minn. Stat. § 144A.44

Hospice Bill of Rights – Minn. Stat. § 144A.751

Maltreatment of Minors Act – Minn. Stat. § 626.556

Minnesota Human Rights Act – Minn. Stat. § 363A

Vulnerable Adults Act – Minn. Stat. § 626.557 -.5573

Employee Regulation

Nurse Practice Act – Minn. Stat. §§ 148.171–148.285

Criminal Background Study – Minn. Stat. §§ 144.057 & 245C et al

Advertising

Assisted Living Title Protection – Minn. Stat. § 144G.01-.02

Attorney General responsibility related to Prevention of Consumer Fraud – Minn. Stat. § 8.31

Consumer Fraud Act (Senior Citizens & Disabled Persons) – Minn. Stat. § 325F.71

Disclosure of Special Care Status for Memory Care – Minn. Stat. § 325F.72

False Statement in Advertisement – Minn. Stat. § 325F.67

Housing

Landlord Tenant Law – Minn. Stat. § 504B

Building and Fire Codes(See i.e. Construction Codes and Licensing – Minn. Stat. § 326B)

Common Interest Community and Cooperative Laws – Minn. Stat. § 515B

Payment

Medical Assistance for Needy Persons – Minn. Stat. § 256B

Additional Minnesota Nursing Home Regulations and Information

Choosing a Nursing Home

Selecting an Elder Care Facility

Minnesota Department of Health Complaints Against Nursing Home

Special Focus Facility Nursing Homes

Medicare & Medicaid Quality of Care Surveys

Nursing Home Abuse

Nursing Home Neglect

Reporting Nursing Home Abuse and Neglect

Nursing Home Resident Rights

Federal Nursing Home Resident Right Regulations

Rights for Nursing Home Residents

Definition of Vulnerable Adult

Federal Requirements and Nursing Home Regulations

Nursing Home Facilities with Substantiated Neglect

Nursing Home Abuse and Neglect Injuries

If you have concerns about medication errors, improper use of medical equipment, falls or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

Selecting an Elder Care Facility

Written By: Kenneth LaBore | Published On: 19th January 2017 | Category: Caregivers Resources, Home Health Care, Housing With Services Care Issues | RSS Feed

Selecting an Elder Care Facility in Minnesota

Resources for Selecting an Elder Care Facility

Selecting an elder care facility is a difficult and import decision. The resident or family member needs to consider many factors including the location, costs, payment sources such as Medicaid and Minnesota Elder Waiver, and probably most importantly the care needs of the resident and the services offered by the provider.

Another important issue is to consider the quality of care the potential nursing home, assisted living, memory care provider, home care provider, group home or other care or service provider focused on elder and vulnerable adult clients.

Additional Resources for Selecting and Elder Care Facility

Before selecting an elder care provider you want to review the past Medicaid surveys, as well as the Minnesota Department of Health, Office of Health Facility Complaints findings for the facility you are considering. You may also want to make sure the facility is not on the Medicare Special Focus Facility list of providers with deficiencies well above the above in average pertaining to quality of care provided to residents.

It is also important to be well versed in the Minnesota and Federal Resident Rights regulations designed to protect nursing home and other elder care vulnerable adults and residents.

If you suspect any type of injuries or harm from elder abuse or neglect, report it immediately.

Click here for more selecting an elder care facility or choosing a nursing home.

Also see Minnesota Choosing a Facility from the MDH, which has links to more information including: finding licensed facilities and providers, Minnesota Nursing Home Report Card, a statewide source of information Minnesota Help, Medicare Compare for Home Health Care Providers and Medicare Compare for Nursing Homes.

In some cases information on facilities can be found at U.S.News, Find Nursing Home Rating.

The Center for Disease Control and Prevention, CDC, information on Nursing Homes, Assisted Living and Long Term Care Facilities.

The Minnesota Attorney General also provides information on Selection of Nursing Home.

Finally, The Center for Medicare Medicaid Services, CMS, Offers a Nursing Home Selection Checklist covering many important care and service related issues before choosing a facility.

If you need more information about selecting an elder care facility or have concerns about medication errors, improper use of medical equipment, falls or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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