Posts Tagged ‘Nursing Home’


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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Special Focus Facility Process

Written By: Kenneth LaBore | Published On: 5th January 2017 | Category: Caregivers Resources, Nursing Home Abuse and Neglect, Patient Rights | RSS Feed

 

Medicare Medicaid CMS Special Focus Facility Nursing Home Deficiency List

Medicare Medicaid CMS Special Focus Facility Nursing Home Deficiency List

Special Focus Facility Initiative

The Centers for Medicare and Medicaid CMS creates a Special Focus Facility “SFF” list of nursing homes that have a history of serious quality issues and are included in a program designed to seek improvement in care.  The list is updated regularly with new facilities being added as needed and other falling off due to significant improvement in the quality of care or  from being terminated from Medicare.

The Special Focus Facility list is generated from data received through the CMS inspections or surveys which are focused on looking for deficiencies in care based on federal nursing home regulations.  According to the CMS website, Most nursing homes have some deficiencies, with the average being 6-7 deficiencies per survey. Most nursing homes correct their problems within a reasonable period of time. However, we have found that a minority of nursing homes have:

  • More problems than other nursing homes (about twice the average number of
    deficiencies);
  • More serious problems than most other nursing homes (including harm or injury experienced by residents); and
  • A pattern of serious problems that has persisted over a long period of time (as measured over the three years before the date the nursing home was first put on the SFF list).

Effect of Being on Special Focus Facility List

According to Medicare CMS, there are more frequent surveys and inspections to facilities on the SFF list usually about twice per year.  The longer the problems and deficiencies exist the more stringent the response from CMS, with penalties ranging from civil fines to being terminated from CMS from Medicare and Medicaid payments.

Within about 18-24 months the nursing home is expected to have one of three possible outcomes:

  • The ideal outcome is the facility shows improvement and the facility graduates from SFF due to significant improvements in the quality of care which has continued over time;
  • The facility is terminated from Medicare after failing to make significant and lasting improvements; and
  • There can also be an extension of time given when there are signs of very promising improvements.

Information on the most recent Minnesota Special Focus Facility nursing homes can be found on my website located at the Information About Facilities.

Click the following links for more information about the Medicare & Medicaid CMS survey process and information on filing a complaint with the Minnesota Department of Health for concerns about the quality of care or abuse and neglect suffered by a Minnesota nursing home resident.

If you have concerns about  Special Focus Facilities 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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Benedictine Health Center of Minneapolis Neglect – Failure to Provide CPR

Written By: Kenneth LaBore | Published On: 2nd March 2015 | Category: Failure to Provide CPR, Nursing Home Abuse and Neglect, Oxygen Deprivation, Wrongful Death | RSS Feed
Nursing Home Neglect Failure to Provide CPR

Nursing Home Neglect Failure to Provide CPR, Benedictine Health Center of Minneapolis

Benedictine Health Center of Minneapolis in City Complaint Findings for Neglect

In a report concluded on January 25, 2013, the Minnesota Department of Health cites Benedictine Health Center of Minneapolis for neglect of health care – failure to provide CPR.

The allegation of neglect is based on the following: A resident was not provided with care according to his physician as orders when the alleged perpetrator (AP) did not contact the on-call physician as ordered and did not perform CPR after a staff called the AP when the resident stopped breathing.

Substantiate Complaint After Failure to Provide CPR at Benedictine Health Center

According to heart.org, the American Heart Association’s Emergency Cardiovascular Care (ECC) is inspiring the world to save lives through a dynamic message of hope. As the authority in resuscitation science, research and training, we publish the official AHA Guidelines for CPR & ECC. We translate these Guidelines into the highest quality training materials, courses and programs in CPR, first aid and advanced emergency cardiovascular care for healthcare professionals, first responders, employees and the general public. Because saving lives is why.

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 failure to provide emergency care, choking and asphyxiation or any other form of elder abuse and neglect or Minnesota Nursing Home Wrongful Death Attorney or contact Elder Abuse and Neglect Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com

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

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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Edina Care Rehab Center Edina Building Problems Substantiated

Written By: Kenneth LaBore | Published On: 28th February 2015 | Category: Caregivers Resources, Nursing Home Care Issues | RSS Feed
Nursing Home Physical Plant Building Maintenance Problems

Nursing Home Physical Plant Building Maintenance Problems, Edina Care Rehab Center Edina

Edina Care Rehab Center Edina Complaint Findings for Physical Plant Maintenance

In a report concluded on April 25, 2011, the Minnesota Department of Health cites Edina Care Rehab Center Edina for physical plant maintenance problems.

It is alleged that the facility does not maintain the building in a safe, functional, and sanitary condition based on the following: a mold like substance was observed throughout the building.  Wet ceiling tiles, loose wall tiles and damaged walls were observed in residents’ bathrooms.  In addition, water drips from the laundry room ceiling into trash cans.

Substantiated Complaint Against Edina Rehab Center Related to Physical Plant Maintenance

According to Minnesota Rules Chapter 4658, the history of plant requirements for nursing homes,  the Minnesota Rules, Chapter 4660 were adopted in 1972 and generally address the physical plant of a nursing home. This chapter divides facilities into two categories, addressing requirements for both existing facilities and new construction. Buildings and additions to those buildings that were built prior to the 1972 adoption of the chapter are considered “existing” facilities and facilities (or parts thereof) built after the adoption date of 1972 are considered “new construction”.

In 1995 and 1996, MN Rules Chapter 4658 were adopted. Most of the physical plant requirements of chapter 4658 are applicable only to new construction, i.e., construction commenced after November 13, 1995 (MN Rule 4658.3000 to 4658.4690).

In order to maintain requirements for all nursing homes that were operating at the time of the adoption of Chapter 4658, Minnesota Rule 4658.0010, subpart 4, was included in this chapter.

Minnesota Rule 4658.0010, subpart 4, states: “Existing facilities must, at a minimum, maintain compliance with the rules applicable at the time of their construction”. For clarification MN. Chapter 4658 defines an existing facility as a licensed nursing home or nursing home space that was in place before November 13, 1995.

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 any form of elder abuse or neglect contact Minnesota Nursing Home Neglect Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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

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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Minnesota Nursing Home Leaders Say Residents Suffer from Shortage of State Funds

Written By: Kenneth LaBore | Published On: 6th February 2015 | Category: Caregivers Resources, Uncategorized | RSS Feed
Health Care Expenses Hurting Seniors

Shortage of State Funds for Nursing Homes

Minnesota Nursing Homes Facing Shortage of State Funds

Shortage of State Funds – Nursing home leaders throughout Minnesota are saying that their workers can earn more money working fast food or at a food processing plant than helping the elderly people that they are charged to help. It’s a complaint that has been echoed time and time again throughout the state.

Now nursing homes are looking to the legislature for an increase in funding that they say would help their employees, thus help their residents.

One aspect that has nursing home leaders concerned is the fact that 60,000 people will be 65 and older in Minnesota this year and that means an increase in demand for nursing home care. If that demand cannot be met because nursing homes cannot afford to pay their employees living wages, then the patient care could suffer. This could result in more nursing home neglect cases, as nursing homes are short staffed in many cases as it is.

What’s more is that the funding is necessary for them to keep the homes open. The state does have a $1 billion surplus, which has made the political climate a bit different and the Republicans have control of the Minneapolis House. What makes this significant is that increased nursing home funding is something that the House Republicans campaigned on during the election in 2014.

Politicians are quite aware of the demographics situation that is being seen in Minnesota and the fact that the state has 370 nursing homes. There is push for a $200 million plan that would overhaul how the homes are reimbursed. This overhaul comes on top of a $30 million funding increase that was given to the industry during the last legislative session.

Currently, nursing homes are reimbursed by Medicaid. This money comes as a combination of state and federal dollars. However, there are a lot of issues that have been created by the system. Budget cuts that happened previously meant that the homes have not been able to keep up with inflation. There are also state laws that keep the homes from charging private patients more than what Medicaid pays for Medicaid patients. Medicaid typically pays at a reduced amount, thus causing the same for private pay patients. It is this funding gap that has led to nursing home closures, mostly in the rural areas where elderly patients need senior care services the most. In addition to closures, facilities are losing their best staff members to better jobs in the same field that pay them more.

A major part of the proposal would utilize public funds for higher pay for nurses. It is believed this would provide better care quality for patients.

The proposal also equalizes reimbursement rates between urban and rural nursing homes. Health insurance options for employees would be expanded, giving employees better benefits than what they have now.

Some Republicans are supporting this proposal in the Minnesota House, which is promising to the proponents of the overhaul, but they are looking for more promise that the bill would pass.

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

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

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

 

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