Posts Tagged ‘Caregiver Resources’

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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

Minnesota Nursing Home Survey Findings

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

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.

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

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 Injuries

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Bed Sores and Pressure Ulcers, Failure to Resond to Change in Condition, Fall Injuries, Hoyer Lift, Medication Drug Error, Nursing Home Abuse and Neglect, Patient Lift, Sexual Abuse, Wrongful Death | RSS Feed
Minnesota Abuse and Neglect Nursing Home Injuries

Minnesota Abuse and Neglect Nursing Home Injuries

Minnesota Nursing Home Injuries

There are many ways that residents suffer nursing home injuries, many are falls, being dropped from lifts or injured in transfer, falls from the toilet or in the shower, fall from bed or out of a wheelchair.  Since the way that many injuries happen is foreseeable the facility has an obligation to analysis and assess the risks to each resident and take reasonable measures and interventions to protect them from preventable accident situations.

Pursuant to federal and state regulations nursing homes have an obligation to keep their residents safe.  They are considered vulnerable adults by legal definition since they are staying in a nursing home facility.

According to 42 CFR 483.25, nursing homes must take efforts to prevent accidents which would include falls, medication errors, or any other way you could be injured such as through the use of oxygen, smoking, scalding burns, urinary tract infections, pressure wounds and others set out in the statute.

Common Types of Nursing Home Injuries

Here are some summaries on various topics related to nursing home falls and fractures, pressure sores and other nursing home injuries:

Head Injuries

Subdural Hematoma

Hip Fractures

Femur Fractures

Patient Lift Injuries

Wrongful Death from Falls

Fractures from Falls

Falls from Wheelchairs

Falls in Bathroom

Falls in Shower

Falls from Bed

Nursing Home Neglect Fractures

Bedsore Stages

Pressure Injury Stages

Pressure Sore Injury

Pressure Injuries

Nursing Home Fall Injuries Lawyer

If you or someone you love is in a skilled nursing facility or nursing home and the victim of abuse or neglect injuries contact Attorney Kenneth LaBore for a free consultation to discuss the fall or injuries and he does not charge a fee unless there is a verdict or settlement offer with the wrongdoer.  Call Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or send an email to KLaBore@MNnursinghomeneglect.com.

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Assisted Living Assault

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Assisted Living Care Issues, Elder Physical Abuse, Sexual Abuse, Verbal Abuse | RSS Feed
Minnesota Assisted Living Assault

Minnesota Assisted Living Assault

Minnesota Assisted Living Assault

Assisted living facilities deal with people with cognitive deficiencies with a wide range of abilities and risks for each resident.  Some residents are very mobile and active and other need assistance with transfer and other activities of daily living.

Despite the fact that many assisted living care providers charge more for a room and care than a nursing home there is a trade off you are getting a nicer room and usually newer more luxurious dining room and other areas but there very little training required to be a staff member in the facility.

According to Minnesota Statute 144G.03, Subd. 2, assisted living shall be provided or made available only to individuals residing in a registered housing with services establishment. Except as expressly stated in this chapter, a person or entity offering assisted living may define the available services and may offer assisted living to all or some of the residents of a housing with services establishment. The services that comprise assisted living may be provided or made available directly by a housing with services establishment or by persons or entities with which the housing with services establishment has made arrangements.

(b) A person or entity entitled to use the phrase “assisted living,” according to section 144G.02, subdivision 1, shall do so only with respect to a housing with services establishment, or a service, service package, or program available within a housing with services establishment that, at a minimum:

(1) provides or makes available health-related services under a home care license. At a minimum, health-related services must include:

(i) assistance with self-administration of medication, medication management, or medication administration as defined in section 144A.43; and

(ii) assistance with at least three of the following seven activities of daily living: bathing, dressing, grooming, eating, transferring, continence care, and toileting.

All health-related services shall be provided in a manner that complies with applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(2) provides necessary assessments of the physical and cognitive needs of assisted living clients by a registered nurse, as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(3) has and maintains a system for delegation of health care activities to unlicensed personnel by a registered nurse, including supervision and evaluation of the delegated activities as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(4) provides staff access to an on-call registered nurse 24 hours per day, seven days per week;

(5) has and maintains a system to check on each assisted living client at least daily;

(6) provides a means for assisted living clients to request assistance for health and safety needs 24 hours per day, seven days per week, from the establishment or a person or entity with which the establishment has made arrangements;

(7) has a person or persons available 24 hours per day, seven days per week, who is responsible for responding to the requests of assisted living clients for assistance with health or safety needs, who shall be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus with the housing with services establishment in order to respond within a reasonable amount of time;

(iii) capable of communicating with assisted living clients;

(iv) capable of recognizing the need for assistance;

(v) capable of providing either the assistance required or summoning the appropriate assistance; and

(vi) capable of following directions;

(8) offers to provide or make available at least the following supportive services to assisted living clients:

(i) two meals per day;

(ii) weekly housekeeping;

(iii) weekly laundry service;

(iv) upon the request of the client, reasonable assistance with arranging for transportation to medical and social services appointments, and the name of or other identifying information about the person or persons responsible for providing this assistance;

(v) upon the request of the client, reasonable assistance with accessing community resources and social services available in the community, and the name of or other identifying information about the person or persons responsible for providing this assistance; and

(vi) periodic opportunities for socialization; and

(9) makes available to all prospective and current assisted living clients information consistent with the uniform format and the required components adopted by the commissioner under section 144G.06. This information must be made available beginning no later than six months after the commissioner makes the uniform format and required components available to providers according to section 144G.06.

Assisted Living Assault by Other Residents

Due to medications and perception issues such as hearing and vision, perhaps a change in environment or other difficulties persons in elder care facilities especially those with Alzheimer’s and dementia may get anxious and irritable and strike out at staff and other residents.   Or the assault may be in the form of inappropriate sexual contact or verbal abuse from residents who have lost some of their social filters.  Assisted living facilities have an obligation to keep residents safe and to supervise the other residents with the goal of as little confrontation as possible.  This may involve separating residents that are a risk to others and perhaps discharging them to a facility with more supervision if there is a risk to fellow residents.

Assisted Living  Assault by Staff Members

There are also of course situations where staff members take advantage of the fact that resident’s may be confusion or have other cognitive issues that make them very vulnerable to sexual assault.  Staff members should have background checks to limit the ability of persons with a known history to have contact with the residents.  However, the backgrounds are not always performed in a timely manner, or there are new criminal issues that show up once the staff member is hired, or the report is missing key information from other states or countries.  Then there are the staff that had never been caught abusing before but lacked the supervision of the staff and their actions which fostered an environment for those with a propensity to attempt abuse.

Residents need to be properly assessed, and then the staff needs to be well trained then supervised by protective management to assure the safety of all the residents.  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 in an assisted living facility 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.

Assisted Living Sexual Assault Reporting

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 sexual or physical abuse to the local police department and the Minnesota Department of Health Office of Health Facility Complaints, OHFC.  See the attached for more information about reporting elder abuse and neglect.

Assisted Living Assault Attorney

If you have questions about physical abuse or assualt in a assisted living 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 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

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

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.

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 injuries including falls.

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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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

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.

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 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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Elder Abuse and Neglect Summaries

Written By: Kenneth LaBore | Published On: 19th January 2017 | Category: Nursing Home Abuse and Neglect | RSS Feed
Summaries of Issues Related to Elder Abuse and Neglect

Summaries of Issues Related to Elder Abuse and Neglect

Nursing Home Elder Abuse and Neglect Topic Summaries

The following are issues related to finding a nursing home and prevention of elder abuse and neglect, related state and federal regulations as well as ways to research and get information about facilities and providers and types of injuries often suffered by residents who do not receive proper care.

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

Minnesota Nursing Home and Elder Care 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

For more information about elder abuse and neglect or questions on how to hold negligent care providers accountable call attorney Kenneth LaBore at 612-743-9048 for a free consultation or by email at KLaBore@MNnursinghomeneglect.com.  There is no fee unless a verdict or settlement with the 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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Chris Jensen Health and Rehab Center on CMS Special Focus Facility List Due to High Number of Deficiencies in Quality of Care

Written By: Kenneth LaBore | Published On: 7th January 2017 | Category: Facilities - Nursing Homes, Inadequate Staffing/Training, Pressure Ulcers | RSS Feed
Chris Jensen Health and Rehabilitation Center is Placed on Medicare Special Focus Facility Initiative List

Chris Jensen Health and Rehabilitation Center is Placed on Medicare Special Focus Facility Initiative List

Information About Chris Jensen Health and Rehabilitation Center

Name: CHRIS JENSEN HLTH & REHAB CTR
Address: 2501 RICE LAKE ROAD
DULUTH,  MN  55811
Phone: 218-625-6400   Fax: 218-625-6452
Administrator: MS. AMY PORTER
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 170)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 170)

Chris Jensen Health and Rehab Center Survey Results

Results from a survey dated May 12, 2016, indicated that Chris Jensen Health and Rehabilitation Center in Duluth Minnesota 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.

On April 7, 2016, the Minnesota Department of Health completed a Post Certification Revisit (PCR) and on April 5, 2016, the Minnesota Department of Public Safety completed a PCR to verify that the facility had achieved and maintained compliance with federal certification deficiencies issued pursuant to an extended survey, completed on February 10, 2016. The MDH presumed, based on their plan of correction, that the facility had corrected these deficiencies as of March 29, 2016. Based the visit, it was determined that your Chris Jensen Health and Rehabilitation Center  has not obtained substantial compliance with the deficiencies issued pursuant to our extended survey, completed on February 10, 2016. The deficiencies not corrected are as follows:

FTag 282, F 282, 42 CFR 483.20(k)(3)(ii) Services By Qualified Persons/per Care Plan

FTag 314, F 314 , 42 CFR 483.25(c) Treatment/Services To Prevent/heal Pressure Sores

The most serious deficiencies in the facility  were found to be isolated deficiencies that constituted actual harm that was not immediate jeopardy (Level G), as evidenced by the attached CMS-2567, whereby corrections were required.

As a result of the revisit findings, the Category 1 remedy of state monitoring remained in effect.

In addition, this Department recommended to the CMS Region V Office the following actions related to the imposed remedies in their letter of March 7, 2016:

Discretionary denial of payment for all Medicare and Medicaid admissions effective April 10, 2016, remain in effect.

Click here for the rest of the May 12, 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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