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Federal Requirements for Long Term Care Facilities

Written By: Kenneth LaBore | Published On: 14th April 2018 | Category: Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed
Federal Requirements for Nursing Homes and 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.

42 CFR 483

§483.1
Basis and scope.
§483.5
Definitions.
§483.10
Resident rights.
§483.12
Admission, transfer and discharge rights.
§483.13
Resident behavior and facility practices.
§483.15
Quality of life.
§483.20
Resident assessment.
§483.25
Quality of care.
§483.30
Nursing services.
§483.35
Dietary services.
§483.40
Physician services.
§483.45
Specialized rehabilitative services.
§483.55
Dental services.
§483.60
Pharmacy services.
§483.65
Infection control.
§483.70
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.

(c) Mobility.

(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

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

 

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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 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 reportsresident 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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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

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.

(C) Provide for selection of a venue convenient to 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

(C) That individual has no interest in the facility.

(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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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 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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Reporting Nursing Home Neglect and Abuse

Written By: Kenneth LaBore | Published On: 8th January 2017 | Category: Caregivers Resources, Facilities - Nursing Homes, Nursing Home Abuse and Neglect, Nursing Home Care Issues, Patient Rights | RSS Feed
Information About Reporting Elder Abuse and Neglect

Information About Reporting Elder Abuse and Neglect

Reporting Suspected Neglect of Nursing Home Residents

Minnesota law mandates safe environments and services for vulnerable adults and protective services for vulnerable adults who have been maltreated. The DHS Adult Protective Services Unit provides training and consultation to citizens, service providers, counties, law enforcement and state agencies regarding the Minnesota Vulnerable Adult Act [Minnesota Statute Section 626.557 (1995)]. The unit also develops policy and best practices and collects and evaluates data to prevent maltreatment and plan adult protection services.

According to Minnesota Statute 626.5772, Subd. 2, “abuse” can include many things, including: an act against a vulnerable adult that constitutes a violation of, an attempt to violate, or aiding and abetting a violation of an assault, the use of drugs to injure or facilitate crime, the solicitation, inducement, and promotion of prostitution, criminal sexual conduct as well as, the act of forcing, compelling, coercing, or enticing a vulnerable adult against the vulnerable adult’s will to perform services for the advantage of another.

Click here for the listed forms of abuse in vulnerable adults act.

Click here for the listed forms of neglect in the vulnerable adults act.

More information about elder abuse is available from the National Adult Protective Services Association, NAPSA.

According to NAPSA, if you witness a life-threatening situation involving a senior or adult with disabilities, dial 911. Contact your local Adult Protective Services agency anytime you observe or suspect the following:

  • Sudden inability to meet essential physical, psychological or social needs which threatens health, safety or well-being
  • Disappearing from contact with neighbors, friends or family
  • Appearing hungry, malnourished, or with a sudden weight loss
  • Appearing disoriented or confused
  • Suddenly appearing disheveled or wearing soiled clothing
  • Failing by caregiver(s) to arrive as scheduled — or disappearing without notice
  • Expressing feelings of hopelessness, worthlessness or insignificance
  • Failing to take prescribed medications or nutritional supplements
  • Blaming self for problems arising with family or caregivers
  • Living in squalor or hazardous situations such as hoarding or cluttering

Minnesota Elder Neglect and Abuse Reporting System

Minnesota has a new central system for reporting suspected maltreatment of vulnerable adults, through a common entry point available 24/7 at 1-844-880-1574 a toll free phone number for the general public.

This Adult Protection website offers information on how to report abuse and neglect in many different languages.

Reporting Abuse Requirements for Mandated Reporters

Mandated reporters include law enforcement, educators, doctors, nurses, social workers and other licensed professionals.  Pursuant to Minnesota Statute 626.5772, Subd. 16.,”mandated reporter” means a professional or professional’s delegate while engaged in: (1) social services; (2) law enforcement; (3) education; (4) the care of vulnerable adults; (5) any of the occupations referred to in section 214.01, subdivision 2; (6) an employee of a rehabilitation facility certified by the commissioner of jobs and training for vocational rehabilitation; (7) an employee or person providing services in a facility as defined in subdivision 6; or (8) a person that performs the duties of the medical examiner or coroner.

Mandated reporters reporting an allegation of suspected maltreatment of a vulnerable adult that did not occur in Minnesota must make the report to the state in which the allegation occurred. The National Adult Protective Services Association has information for reporting in all states.

Click Here For Link To Report Abuse To Adult Protection

Click Here For Link To Report Abuse To Adult Protection

If you have any questions about any type of nursing home abuse or neglect call Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Definition of “Neglect” and Nursing Home Neglect

Written By: Kenneth LaBore | Published On: 8th January 2017 | Category: Caregivers Resources, Department of Health Complaint, Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed
Minnesota Nursing Home Neglect Definition From The Vulnerable Adults Act

Minnesota Nursing Home Neglect Definition From The Vulnerable Adults Act

Nursing Home Neglect Definition

According to the National Adult Protective Services Association, NAPSA, “neglect” is described as:

  • Physical neglect: includes failing to attend to a person’s medical, hygienic, nutrition and dietary needs, such as dispensing medications, changing bandages, bathing, grooming, dressing, or failure to provide ample food to maintain health.
  • Emotional neglect: includes causing emotional pain, distress or anguish by ignoring, belittling or infantilizing the needs of adults. This includes neglecting or discounting the emotional well being of others, as well as actions to isolate adults from visits or contact by family and friends.
  • Abandonment: involves deserting the caregiving needs of an individual while neglecting to arrange sufficient care and support for the duration of the absence.
  • Financial neglect: involves disregarding a person’s financial obligations such as failing to pay rent or mortgage, medical insurance or invoices, utility and garbage bills, property taxes and assessments.
  • Self-neglect: involves seniors or adults with disabilities who fail to meet their own essential physical, psychological or social needs, which threatens their health, safety and well-being. This includes failure to provide adequate food, clothing, shelter and health care for one’s own needs

Nursing homes are considered mandated reporters and must protect vulnerable adults and file complaints and reports when alleged abuse and neglect.  Pursuant to the Minnesota Vulnerable Adults Act, Minnesota Statute 626.5772, Subd. 17., “neglect” means:

(a) The failure or omission by a caregiver to supply a vulnerable adult with care or services, including but not limited to, food, clothing, shelter, health care, or supervision which is:

(1) reasonable and necessary to obtain or maintain the vulnerable adult’s physical or mental health or safety, considering the physical and mental capacity or dysfunction of the vulnerable adult; and

(2) which is not the result of an accident or therapeutic conduct.

(b) The absence or likelihood of absence of care or services, including but not limited to, food, clothing, shelter, health care, or supervision necessary to maintain the physical and mental health of the vulnerable adult which a reasonable person would deem essential to obtain or maintain the vulnerable adult’s health, safety, or comfort considering the physical or mental capacity or dysfunction of the vulnerable adult.

(c) For purposes of this section, a vulnerable adult is not neglected for the sole reason that:

(1) the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections 253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult, or, where permitted under law, to provide nutrition and hydration parenterally or through intubation; this paragraph does not enlarge or diminish rights otherwise held under law by:

(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or

(2) the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult;

(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in consensual sexual contact with:

(i) a person including a facility staff person when a consensual sexual personal relationship existed prior to the caregiving relationship; or

(ii) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship; or

(4) an individual makes an error in the provision of therapeutic conduct to a vulnerable adult which does not result in injury or harm which reasonably requires medical or mental health care; or

(5) an individual makes an error in the provision of therapeutic conduct to a vulnerable adult that results in injury or harm, which reasonably requires the care of a physician, and:

(i) the necessary care is provided in a timely fashion as dictated by the condition of the vulnerable adult;

(ii) if after receiving care, the health status of the vulnerable adult can be reasonably expected, as determined by the attending physician, to be restored to the vulnerable adult’s preexisting condition;

(iii) the error is not part of a pattern of errors by the individual;

(iv) if in a facility, the error is immediately reported as required under section 626.557, and recorded internally in the facility;

(v) if in a facility, the facility identifies and takes corrective action and implements measures designed to reduce the risk of further occurrence of this error and similar errors; and

(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently documented for review and evaluation by the facility and any applicable licensing, certification, and ombudsman agency.

(d) Nothing in this definition requires a caregiver, if regulated, to provide services in excess of those required by the caregiver’s license, certification, registration, or other regulation.

(e) If the findings of an investigation by a lead investigative agency result in a determination of substantiated maltreatment for the sole reason that the actions required of a facility under paragraph (c), clause (5), item (iv), (v), or (vi), were not taken, then the facility is subject to a correction order. An individual will not be found to have neglected or maltreated the vulnerable adult based solely on the facility’s not having taken the actions required under paragraph (c), clause (5), item (iv), (v), or (vi). This must not alter the lead investigative agency’s determination of mitigating factors under section 626.557, subdivision 9c, paragraph (c).

Click here for the definition of elder abuse in the vulnerable adults act.

If you have any questions about reporting concerns or any type of nursing home abuse or neglect call Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Lakeside Medical Center on Special Focus Facility List Due to Deficiencies

Written By: Kenneth LaBore | Published On: 7th January 2017 | Category: Facilities - Nursing Homes, Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed
Numerous Quality of Care Deficiencies Lead to Placement of Lakeside Medical Center in Pine City on CMS Medicare Special Focus Facility List

Numerous Quality of Care Deficiencies Lead to Placement of Lakeside Medical Center in Pine City on CMS Medicare Special Focus Facility Iniative List

Information About Lakeside Medical Center

Name: LAKESIDE MEDICAL CENTER
Address: 129 SIXTH AVENUE SE
PINE CITY,  MN  55063
Phone: 320-629-2542   Fax: 320-629-1093
Administrator: MR. MAX BLAUFUSS
Minnesota Classifications: (Housing With Services)   (Assisted Living Services)

Survey Results from Lakeside Medical Center

Results from a survey dated August 18, 2016, indicated that Lakeside Medical Center had  deficiencies which were severe enough to place them on dubious list of special focus facility list of nursing homes with high numbers of serious deficiencies.

Under federal FTag F225, 42 CFR 483.13(c)(1)(ii)-(iii), (c)(2)-(4), the facility must not employ individuals who have been found guilty of abusing, neglecting, or mistreating residents by a court of law, or have had a finding entered into the State nursing aide registry concerning abuse, neglect, maltreatment of residents or misappropriation of their property; and report any knowledge it has of actions by a court of law against an employee, which would indicate unfitness for service a nurse aide or other facility staff to the State nurse aide registry or licensing authorities.

The facility must ensure that all alleged violations involving mistreatment, neglect or abuse, including injuries of unknown source and misappropriation of resident property are reported immediately to the administer of the facility and to other officials in accordance with established procedures (including to the State survey and certification agency).

The facility must have evidence that all alleged violations are thoroughly investigated, and must prevent further potential abuse while the investigation is in progress.

The results of all investigations must be reported to the administrator or his designated representative and to other officials in accordance with State law (including to the State survey and certification agency) within 5 working days of the incident, and if the alleged violation is verified appropriate corrective action must be taken.

According to the Department of Health and Human Services Lakeside Medical Center, determined that above requirement was not met evidenced by: based on interview and document review, the facility failed to ensure alleged violations of mistreatment were identified and immediately reported to the administrator and state agency and investigated regarding scolding and rude treatment of 1 of 4 residents reviewed for abuse.

Lakeside Medical Center was also obligated under federal FTag F 226, 42 CFR 483.13(c), which states that the facility must develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse of residents and misappropriation of resident property.

It was determined that Lakeside Medical Center the above requirement was not met as evidenced by: based on interview and document review, the facility failed to ensure implementation of written policies and procedures related to identification and immediate reporting to the state agency regarding potential abuse for 1 of 4 residents reviewed for abuse.

Click here for the rest of the August 18, 2016 survey.

For more information from the Minnesota Department of Health, inspection surveys and reports, website, which usually has the most recent survey and the one taken before that.

To speak with an Attorney Kenneth LaBore concerning elder abuse or neglect or related injuries call his direct number 612-743-9048 or by email to KLaBore@MNnursinghomeneglect.com.

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Nursing Home Health Facility Complaints

Written By: Kenneth LaBore | Published On: 5th January 2017 | Category: Assisted Living Care Issues, Caregivers Resources, Department of Health Complaint, Nursing Home Abuse and Neglect, Nursing Home Care Issues, Patient Rights | RSS Feed
Nursing Home Complaints Minnesota Department of Health

Nursing Home Complaints Minnesota Department of Health

Minnesota Department of Health Facility Complaints

Allegations of physical and sexual abuse as well as neglect are investigated administratively by the Minnesota Department of Health, Office of Health Facility Complaints, (OHFC).   They conduct onsite investigations, review records, speak with staff members and resident and his/her family.  The OHFC does not review every complaint and therefore they are not all addressed on their website.  The determine on the concerns that are investigated include, unsubstantiated, inconclusive and substantiated.   The goal is a substantiated complaint which will usually require a root cause analysis and internal investigation and new policies and procedure which are then trained to the nursing home care staff.

View Resolved Minnesota Department of Health Complaints

To search the MDH website by type of result, such as “substantiated” as well as by the type of provider, city, county or provider name.

According to Minnesota Administrative Rule 4658.0015, COMPLIANCE WITH REGULATIONS AND STANDARDS.
A nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home.

Contacting the Office of Health Facilities Complaints

The Office of Health Facility Complaints (OHFC) serves the general public. Complaints, questions, or concerns must relate to licensed facilities:

  • Hospitals
  • Nursing homes
  • Boarding care homes
  • Supervised living facilities
  • Assisted living
  • Home health agencies

For questions about complaints, call 651-201-4200 or 1-800-369-7994. For all other OHFC inquiries, call 651-201-4201.

OHFC can help patients and residents to enforce their rights.

OHFC does not charge for its services.

Resident Rights to Contact OHFC

According to Minnesota Statute 144A.13, COMPLAINTS; RESIDENT’S RIGHTS, Subdivision 1. Processing, all matters relating to the operation of a nursing home which are the subject of a written complaint from a resident and which are received by a controlling person or employee of the nursing home shall be delivered to the facility’s administrator for evaluation and action. Failure of the administrator within seven days of its receipt to resolve the complaint, or alternatively, the failure of the administrator to make a reply within seven days after its receipt to the complaining resident stating that the complaint did not constitute a valid objection to the nursing home’s operations, shall be a violation of section 144A.10. If a complaint directly involves the activities of a nursing home administrator, the complaint shall be resolved in accordance with this section by a person, other than the administrator, duly authorized by the nursing home to investigate the complaint and implement any necessary corrective measures.

Subd. 2. Resident’s rights. The administrator of a nursing home shall inform each resident in writing at the time of admission of the right to complain to the administrator about facility accommodations and services. A notice of the right to complain shall be posted in the nursing home. The administrator shall also inform each resident of the right to complain to the commissioner of health. No controlling person or employee of a nursing home shall retaliate in any way against a complaining nursing home resident and no nursing home resident may be denied any right available to the resident under chapter 504B.

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.

See resolved substantiated complaints, special focus facility initiative lists and other information on this website at the “facilities” page which is updated regularly.

If you have concerns about elder abuse or neglect contact Minnesota 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 Survey Process

Written By: Kenneth LaBore | Published On: 5th January 2017 | Category: Caregivers Resources, Nursing Home Care Issues, Patient Rights | RSS Feed
Minnesota and CMS Medicare Medicaid Nursing Home Survey Process

Minnesota and CMS Medicare Medicaid Nursing Home Survey Process

Minnesota Nursing Home Survey Information

According to CMS Medicare.gov, the inspection results are recorded in a form called (HCFA-2567) where deficiencies in the quality of care in the nursing home are recorded.  The inspections assess whether facilities are meeting “minimum” standards at the time of the survey. To be part of the Medicare and Medicaid programs, nursing homes must meet certain requirements set by Congress. The Centers for Medicare and Medicaid Services (CMS) has entered into an agreement with state governments to do health and fire safety inspections of these nursing homes and investigate complaints about nursing home care.

Minnesota Nursing and Boarding Care Home Survey Inspection Findings

Pursuant to Minnesota Statute 144A.10, Subd. 2. Inspections. The commissioner of health shall inspect each nursing home to ensure compliance with sections 144A.01 to 144A.155 and the rules promulgated to implement them. The inspection shall be a full inspection of the nursing home. If upon a reinspection provided for in subdivision 5 the representative of the commissioner of health finds one or more uncorrected violations, a second inspection of the facility shall be conducted. The second inspection need not be a full inspection. No prior notice shall be given of an inspection conducted pursuant to this subdivision. Any employee of the commissioner of health who willfully gives or causes to be given any advance notice of an inspection required or authorized by this subdivision shall be subject to suspension or dismissal in accordance with chapter 43A. An inspection required by a federal rule or statute may be conducted in conjunction with or subsequent to any other inspection. Any inspection required by this subdivision may be in addition to or in conjunction with the reinspections required by subdivision 5. Nothing in this subdivision shall be construed to prohibit the commissioner of health from making more than one unannounced inspection of any nursing home during its license year. The commissioner of health shall coordinate inspections of nursing homes with inspections by other state and local agencies consistent with the requirements of this section and the Medicare and Medicaid certification programs.

The commissioner shall conduct inspections and reinspections of health facilities with a frequency and in a manner calculated to produce the greatest benefit to residents within the limits of the resources available to the commissioner. In performing this function, the commissioner may devote proportionately more resources to the inspection of those facilities in which conditions present the most serious concerns with respect to resident health, treatment, comfort, safety, and well-being.

These conditions include but are not limited to: change in ownership; frequent change in administration in excess of normal turnover rates; complaints about care, safety, or rights; where previous inspections or reinspections have resulted in correction orders related to care, safety, or rights; and, where persons involved in ownership or administration of the facility have been indicted for alleged criminal activity. Any facility that has none of the above conditions or any other condition established by the commissioner that poses a risk to resident care, safety, or rights shall be inspected once every two years.

You can search the Minnesota Department of Health website for Medicare & Medicaid nursing home survey results for information on inspection findings pertaining to federal and state health and safety regulations.

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.

Search for surveys by city, county, or provider name.

Click here for a link to Minnesota Department of Health Nursing Home Survey pamphlet.

Click on link for more newly posted nursing home survey reports.

Click on link for information on provider searched by city, county or name of provider.

If you have concerns about nursing home surveys or questions about 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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Spectrum Community Health Neglect After Fall and Exploitation Substantiated

Written By: Kenneth LaBore | Published On: 9th April 2015 | Category: Fall Injuries, Financial Exploitation, Inadequate Staffing/Training, Nursing Home Care Issues | RSS Feed

 

Financial Exploitation by Staff

Neglect Fall When Unsupervised in Bathrrom and Financial Exploitation by Staff at Spectrum Community Health Invergrove Heights Minnesota

Spectrum Community Health Complaint for Neglect Resulting in Femur Fracture

In a report dated November 20, 2015, the Minnesota Department of Health alleged that a client was neglected when s/he was unsupervised while in the bathroom and suffered and fall resulting in a femur fracture.

Based on a preponderance of evidence, neglect occurred when the client’s care plan was not followed, the client was left unattended in the bathroom and fell and sustained a fracture of the right hip.

The client received services from the facility that included physical assistance with toileting, safety checks, and medication management.  The client’s service plan indicated to staff when to provide toileting assistance to the client and included that staff were to stay with the client while in the bathroom.

The day the client fell, the client had attended an activity and was walked back to his/her room by Employee A.  Employee A left the resident on the toilet and told Employee B to check on him/her.  The client attempted to self transfer and fell suffering a fracture injury to the right hip.

The client’s family was interviewed and stated that when the client was admitted to the facility, administrative staff ensured that the client’s serplan would indicate that the client would be supervised in the bathroom.  The client’s family stated that they were called when the resident had a fall and were told that the client was left alone in the bathroom.

Spectrum Community Health Inver Grove Heights Complaint Findings for Exploitation

In a report concluded on September 9, 2013, the Minnesota Department of Health cites Spectrum Community Health Inver Grove Heights  for exploitation by staff.

It is alleged that financial exploitation occurred when a staff person, alleged perpetrator (AP) made purchases totaling $1154.13 with a client’s credit card without permission.

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 fall injuries, financial exploitation 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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