Pages

Showing posts with label nursing homes. Show all posts
Showing posts with label nursing homes. Show all posts

Tuesday, February 19, 2013

Bill to shield nursing homes from lawsuits clears Senate along party lines; not looking healthy in House despite TV, radio ads

Last week the state Senate approved on party lines a bill that would make lawsuits against nursing homes go through a review panel first. Republicans supported the bill and Democrats voted against it in a 23-12 vote that marked the clearest partisan split in the Senate in this year's legislative session.

Senate Bill 9 would create medical review panels of three physicians and an attorney moderator to hear complaints against long-term care facilities and vote on whether the suit had enough merit to go to court.  The bill's sponsor, Senate Health and Welfare Chairwoman Julie Denton, R-Louisville, declind to answer an opposign senator's questions about the bill. She said in introducing it that the panel would be advisory but its opinion would be admissible in court and would curb such lawsuits, reports Jack Brammer of the Lexington Herald-Leader.

Bills like this have failed in years past and could have diverse implications for Kentucky communities and nursing homes. At least one Kentucky newspaper looked around and found that lawsuits are one reason Extendicare Health Services Inc. shed management responsibilities last year for all 21 of its facilities in Kentucky, reports Nick Tabor of the Kentucky New Era in Hopkinsville.

Without Extendicare management in Western Kentucky, the volume of nursing-home lawsuits in the region appears to be shrinking, Tabor reports. In recent years, nearly all the Christian County cases that have been closed were dismissed through settlements, not by judges declaring them unfounded. This suggests the bill would minimally affect the county, writes Tabor. Other Kentucky communities may be affected differently; judges differ from circuit to circuit.

Although the bill passed the Senate, it appears to be on its deathbed in the House. Rep. Tom Burch, D-Louisville, who chairs the House Health and Welfare Committee, joked about its prospects to Tabor: “I can’t make any predictions about the bill this time, but I’ve called in three priests to have the last rites ready.” If nursing homes received this new layer of protection, he said, hospitals and day-care centers would want it too.

A similar bill died in Burch's committee last year; this version is being supported by television and radio commercials urging viewers and listeners to call their legislators in support. When Extendicare announced last spring it was transferring management of all its Kentucky facilities to a Texas company, it cited Kentucky’s “worsening litigation environment” and said tort reform seemed unlikely here.

Bernie Vonderheide, director of Kentuckians for Nursing Home Reform, said most so-called “frivolous” lawsuits would cease if the state imposed minimum staffing requirements on nursing homes, his group's main legislative goal. (Read more)
Last week the state Senate approved on party lines a bill that would make lawsuits against nursing homes go through a review panel first. Republicans supported the bill and Democrats voted against it in a 23-12 vote that marked the clearest partisan split in the Senate in this year's legislative session.

Senate Bill 9 would create medical review panels of three physicians and an attorney moderator to hear complaints against long-term care facilities and vote on whether the suit had enough merit to go to court.  The bill's sponsor, Senate Health and Welfare Chairwoman Julie Denton, R-Louisville, declind to answer an opposign senator's questions about the bill. She said in introducing it that the panel would be advisory but its opinion would be admissible in court and would curb such lawsuits, reports Jack Brammer of the Lexington Herald-Leader.

Bills like this have failed in years past and could have diverse implications for Kentucky communities and nursing homes. At least one Kentucky newspaper looked around and found that lawsuits are one reason Extendicare Health Services Inc. shed management responsibilities last year for all 21 of its facilities in Kentucky, reports Nick Tabor of the Kentucky New Era in Hopkinsville.

Without Extendicare management in Western Kentucky, the volume of nursing-home lawsuits in the region appears to be shrinking, Tabor reports. In recent years, nearly all the Christian County cases that have been closed were dismissed through settlements, not by judges declaring them unfounded. This suggests the bill would minimally affect the county, writes Tabor. Other Kentucky communities may be affected differently; judges differ from circuit to circuit.

Although the bill passed the Senate, it appears to be on its deathbed in the House. Rep. Tom Burch, D-Louisville, who chairs the House Health and Welfare Committee, joked about its prospects to Tabor: “I can’t make any predictions about the bill this time, but I’ve called in three priests to have the last rites ready.” If nursing homes received this new layer of protection, he said, hospitals and day-care centers would want it too.

A similar bill died in Burch's committee last year; this version is being supported by television and radio commercials urging viewers and listeners to call their legislators in support. When Extendicare announced last spring it was transferring management of all its Kentucky facilities to a Texas company, it cited Kentucky’s “worsening litigation environment” and said tort reform seemed unlikely here.

Bernie Vonderheide, director of Kentuckians for Nursing Home Reform, said most so-called “frivolous” lawsuits would cease if the state imposed minimum staffing requirements on nursing homes, his group's main legislative goal. (Read more)
Read More


Tuesday, February 12, 2013

Nursing homes push for lawsuit protection with fast-moving bill and broadcast ads; newspaper editorials excoriate sponsor, industry

A state Senate committee has approved a bill that would require lawsuits against nursing homes to clear a review panel before going to court, a move that has drawn very sharp criticism from the editorial pages of the state's two largest newspapers. Meanwhile, the nursing-home industry is running television and radio ads urging calls to legislators in favor of the measure, which the Senate Health and Welfare Committee approved 7-4 last Wednesday without hearing from its opponents.

"Slimy action on questionable bill" read the headline over Tuesday's Lexington Herald-Leader's editorial, which began, "Good ideas can withstand criticism. So, when lawmakers move a piece of legislation without hearing from any of its opponents, you have to wonder whether they're sneaking through a stinker."

The chairman of the committee and the bill's sponsor, Sen. Julie Denton, R-Louisville, said some members had to leave for other meetings. "But somehow they had time to listen to industry spokesmen before voting," the Herald-Leader noted. "The nursing home industry claims that it is under siege from frivolous lawsuits drummed up by attorneys advertising for clients and that this legal threat pushes up nursing homes' insurance and legal costs, taking money that otherwise could go into patient care." (Read more)

The Courier-Journal editorial, which first reported the committee's action, accused Denton of "a brazen abuse of her power as committee chairman" and said sarcastically that she was "humane" to spare members of he committee "the ugly details of nursing home neglect and abuse. . . . Why should members, before lunch, have to consider graphic testimony about bedsores, near-starvation, dehydration and bowel obstructions suffered by elderly, helpless people? But for members of the General Assembly who are interested in the facts, here are some:

• Kentucky currently has about 23,000, mostly frail, elderly people who are residents in about 280 nursing homes. About half the homes have been cited by federal inspectors for a serious deficiency since 2009.
• 40 percent of the homes are rated at below average by the U.S. Center for Medicare and Medicaid Services when it comes to basic health and safety.
• In 2012, Kentucky ranked first in overall federal fines for violations and one Kentucky nursing home racked up the nation’s highest fines for the year.
• Kentucky ranks first in serious nursing home deficiencies that threaten the safety of residents. (Read more)

Sen. Ray Jones, D-Pikeville, who called Denton's move "blatantly wrong." has filed several floor amendments to the bill, which remained in the Senate Rules Committee Monday.

The Kentucky Association of Health Care Facilities is pushing the bill with TV and radio commercials urging calls to legislators. It placed $9,464 worth of ads on Lexington TV stations through Feb. 14.
A state Senate committee has approved a bill that would require lawsuits against nursing homes to clear a review panel before going to court, a move that has drawn very sharp criticism from the editorial pages of the state's two largest newspapers. Meanwhile, the nursing-home industry is running television and radio ads urging calls to legislators in favor of the measure, which the Senate Health and Welfare Committee approved 7-4 last Wednesday without hearing from its opponents.

"Slimy action on questionable bill" read the headline over Tuesday's Lexington Herald-Leader's editorial, which began, "Good ideas can withstand criticism. So, when lawmakers move a piece of legislation without hearing from any of its opponents, you have to wonder whether they're sneaking through a stinker."

The chairman of the committee and the bill's sponsor, Sen. Julie Denton, R-Louisville, said some members had to leave for other meetings. "But somehow they had time to listen to industry spokesmen before voting," the Herald-Leader noted. "The nursing home industry claims that it is under siege from frivolous lawsuits drummed up by attorneys advertising for clients and that this legal threat pushes up nursing homes' insurance and legal costs, taking money that otherwise could go into patient care." (Read more)

The Courier-Journal editorial, which first reported the committee's action, accused Denton of "a brazen abuse of her power as committee chairman" and said sarcastically that she was "humane" to spare members of he committee "the ugly details of nursing home neglect and abuse. . . . Why should members, before lunch, have to consider graphic testimony about bedsores, near-starvation, dehydration and bowel obstructions suffered by elderly, helpless people? But for members of the General Assembly who are interested in the facts, here are some:

• Kentucky currently has about 23,000, mostly frail, elderly people who are residents in about 280 nursing homes. About half the homes have been cited by federal inspectors for a serious deficiency since 2009.
• 40 percent of the homes are rated at below average by the U.S. Center for Medicare and Medicaid Services when it comes to basic health and safety.
• In 2012, Kentucky ranked first in overall federal fines for violations and one Kentucky nursing home racked up the nation’s highest fines for the year.
• Kentucky ranks first in serious nursing home deficiencies that threaten the safety of residents. (Read more)

Sen. Ray Jones, D-Pikeville, who called Denton's move "blatantly wrong." has filed several floor amendments to the bill, which remained in the Senate Rules Committee Monday.

The Kentucky Association of Health Care Facilities is pushing the bill with TV and radio commercials urging calls to legislators. It placed $9,464 worth of ads on Lexington TV stations through Feb. 14.
Read More


Sunday, August 19, 2012

New tool allows analysis of nursing-home deficiencies across the country; Kentucky seems to rank high in serious problems

Reporters now have a tool at their fingertips that will allow them to find nursing home problems in facilities across Kentucky, which appears to ranks high in serious problems.(iStock photo)

The tool was launched this week by ProPublica, a nonprofit, investigative news group, and allows "anyone to easily search and analyze the details of recent nursing home inspections, most completed since January 2011," report Charles Ornstein and Lena Groeger.

The tool has features that the federal government's Nursing Home Compare doesn't have, including the ability to search using any keyword. Results can also be sorted according to the severity of the violation and by state.

About 1.5 million people still live in nursing homes nationwide, though more seniors are living at home or in assisted-living facilities. The reports show there were almost 118,000 deficiencies cited against 14,565 homes. According to the Centers for Medicare and Medicaid Services, the average number of deficiencies for a nursing home inspected in the U.S. is eight and the average in Kentucky is seven.

ProPublica's analysis shows Kentucky ranked fourth nationwide for the most "K" and "L" deficiencies, considered the most serious kind. The state had 45 in the analysis, as did South Carolina. Texas had the most in the country by far, however, with 183. 

While ProPublica does rank the states, nursing home industry officials say "inspectors in different regions of the country have different thresholds for issuing a citation, and that could unfairly make one state's homes appear worse than another's," Ornstein and Groeger report. (Read more)
Reporters now have a tool at their fingertips that will allow them to find nursing home problems in facilities across Kentucky, which appears to ranks high in serious problems.(iStock photo)

The tool was launched this week by ProPublica, a nonprofit, investigative news group, and allows "anyone to easily search and analyze the details of recent nursing home inspections, most completed since January 2011," report Charles Ornstein and Lena Groeger.

The tool has features that the federal government's Nursing Home Compare doesn't have, including the ability to search using any keyword. Results can also be sorted according to the severity of the violation and by state.

About 1.5 million people still live in nursing homes nationwide, though more seniors are living at home or in assisted-living facilities. The reports show there were almost 118,000 deficiencies cited against 14,565 homes. According to the Centers for Medicare and Medicaid Services, the average number of deficiencies for a nursing home inspected in the U.S. is eight and the average in Kentucky is seven.

ProPublica's analysis shows Kentucky ranked fourth nationwide for the most "K" and "L" deficiencies, considered the most serious kind. The state had 45 in the analysis, as did South Carolina. Texas had the most in the country by far, however, with 183. 

While ProPublica does rank the states, nursing home industry officials say "inspectors in different regions of the country have different thresholds for issuing a citation, and that could unfairly make one state's homes appear worse than another's," Ornstein and Groeger report. (Read more)
Read More


Monday, July 23, 2012

Cost of long-term-care insurance going up, but it's still a wise investment, depending on your income

Judy Witte says her long-term-care insurance premiums
are going up at a worrying rate. C-J photo by Matt Stone.
Seniors are facing increases in their premiums for long-term-care insurance as insurance companies scramble to deal with increasing longevity of seniors and low interest rates that are "crimping investment returns," Chris Otts reports for The Courier-Journal.

Louisville retiree Judy Witte, 72, said she received a letter from her insurance company recently saying her premiums will go up by 77 percent, from $986 to $1,746 per year.

Her situation is part of a larger trend in which the cost of an average policy has increased by 6 to 17 percent from 2011 to 2012. Long-term-care insurance helps pay for the cost of assisted living, nursing homes, hospice care and home care.

In the Louisville area, assisted living costs about $45,000 per year and nursing homes cost about $72,000 per year and more.

People should buy long-term-care insurance if they can't afford the care they might need without dipping into their savings, Otts reports. "For example, someone who receives $100,000 a year in retirement income but spends only $30,000 might be able to afford an assisted-living center or nursing home," Otts notes. But if that same person spends $80,000 a year, then it would be a wise investment to buy long-term-care insurance because they would not be able to afford the assisted living or nursing home costs.

The right time to buy long-term-care insurance is between age 50 and 60. If Witte had waited to buy hers today, it would have cost her more than $26,000 a year, Otts reports. "To me, it's a precious possession," she said. "It helps me sleep at night to know I have this." (Read more)
Judy Witte says her long-term-care insurance premiums
are going up at a worrying rate. C-J photo by Matt Stone.
Seniors are facing increases in their premiums for long-term-care insurance as insurance companies scramble to deal with increasing longevity of seniors and low interest rates that are "crimping investment returns," Chris Otts reports for The Courier-Journal.

Louisville retiree Judy Witte, 72, said she received a letter from her insurance company recently saying her premiums will go up by 77 percent, from $986 to $1,746 per year.

Her situation is part of a larger trend in which the cost of an average policy has increased by 6 to 17 percent from 2011 to 2012. Long-term-care insurance helps pay for the cost of assisted living, nursing homes, hospice care and home care.

In the Louisville area, assisted living costs about $45,000 per year and nursing homes cost about $72,000 per year and more.

People should buy long-term-care insurance if they can't afford the care they might need without dipping into their savings, Otts reports. "For example, someone who receives $100,000 a year in retirement income but spends only $30,000 might be able to afford an assisted-living center or nursing home," Otts notes. But if that same person spends $80,000 a year, then it would be a wise investment to buy long-term-care insurance because they would not be able to afford the assisted living or nursing home costs.

The right time to buy long-term-care insurance is between age 50 and 60. If Witte had waited to buy hers today, it would have cost her more than $26,000 a year, Otts reports. "To me, it's a precious possession," she said. "It helps me sleep at night to know I have this." (Read more)
Read More


Sunday, July 1, 2012

Most Ky. nursing homes give more antipsychotic drugs to non-psychotic patients than U.S. median, but get little attention so far

Most Kentucky nursing homes exceeded the national average of the share of residents without psychosis or a related condition who nevertheless received antipsychotic drugs, according to federal data gathered by The Boston Globe and distributed by Kentuckians for Nursing Home Reform.

The data from the Centers for Medicare and Medicaid Services showed that 16.7 percent of patients fell into that category, and that 161 of the 280 Kentucky nursing facilities for which data were available exceeded the national average. Twenty had percentages more than double the national average, and three were more than triple: the Glasgow State Nursing Facility, at 62 percent; Arbor Place of Clinton, 61 percent; and the nursing home at Western State Hospital in Hopkinsville, 60 percent.

The data are for 2010. Nursing homes were not included if there were no data on antipsychotic drug use. Some data were taken from 2009 because no 2010 data were available. The Globe put the data into an easily reviewable database, available here, the Kentucky reform group issued a press release about it on June 14, and Kentucky Health News reported it on June 22.

However, only two Kentucky newspapers have reported on the survey and a local facility that exceeded the national average, according to our limited subscriptions and the news-clipping service subscribed to by the Foundation for a Healthy Kentucky and shared with Kentucky Health News. Those were the Kentucky New Era in Hopkinsville, which mentioned several facilities in its area (Western State's director said state policy prevented him from commenting), and The Anderson News of Lawrenceburg. Its June 20 edition had a story focusing on Heritage Hall in Lawrenceburg, where 20 percent of non-psychotic patients received antipsychotic drugs.

A spokesman for Heritage Hall's operator, Elmcroft Senior Living and Memory Care of Louisville, told Anderson News Editor Ben Carlson that physicians "may choose to prescribe a medication such as antipsychotics without a diagnosis of psychosis or related condition such as controlling a patient's anxiety over a specific disease process."

Bernie Vonderheide, spokesman for the reform group, told Carlson that it suspects that many nursing homes use the drugs to keep patients under control and to avoid hiring more staff. "That is the single biggest problem in nursing homes, the lack of caregivers." (Read more; the New Era's story is behind a pay wall.)

Besides the Glasgow, Clinton and Hopkinsville facilities, the following had a percentage of non-psychotic patients receiving antipsychotic drugs that was more than double the national average:

Dawson Pointe, Dawson Springs 49%
Dover Manor, Georgetown, 49%
Edgemont Health Care, Cythiana, 46%
Pineville Community Hospital, Pineville, 44%
Edgewood Estates, Frenchburg, 42%
Wesley Manor Nursing Center, Louisville, 42%
Wellington Parc of Owensboro, 42%
Stanton Nursing Center, Stanton, 41%
Shady Lawn Nursing Home, Cadiz, 41%
Charleston Health Care Center, Danville, 37.5%
Breckinridge Memorial Nursing Facility, Hardinsburg, 37%
Cedar Ridge Health Campus, Cynthiana, 37%
Brighton Cornerstone Health Care, Madisonville, 36%
Carmel Home, Owensboro, 36%
Ridgeway Nursing and Rehabilitation Facility, Owingsville, 36%
J.J. Jordan Geriatric Center, Louisa, 35%
Medco Center of Henderson, 35%
Wolfe County Health and Rehabilitation Center, Campton, 34%
(Figures are rounded to the nearest percentage unless .5)
Most Kentucky nursing homes exceeded the national average of the share of residents without psychosis or a related condition who nevertheless received antipsychotic drugs, according to federal data gathered by The Boston Globe and distributed by Kentuckians for Nursing Home Reform.

The data from the Centers for Medicare and Medicaid Services showed that 16.7 percent of patients fell into that category, and that 161 of the 280 Kentucky nursing facilities for which data were available exceeded the national average. Twenty had percentages more than double the national average, and three were more than triple: the Glasgow State Nursing Facility, at 62 percent; Arbor Place of Clinton, 61 percent; and the nursing home at Western State Hospital in Hopkinsville, 60 percent.

The data are for 2010. Nursing homes were not included if there were no data on antipsychotic drug use. Some data were taken from 2009 because no 2010 data were available. The Globe put the data into an easily reviewable database, available here, the Kentucky reform group issued a press release about it on June 14, and Kentucky Health News reported it on June 22.

However, only two Kentucky newspapers have reported on the survey and a local facility that exceeded the national average, according to our limited subscriptions and the news-clipping service subscribed to by the Foundation for a Healthy Kentucky and shared with Kentucky Health News. Those were the Kentucky New Era in Hopkinsville, which mentioned several facilities in its area (Western State's director said state policy prevented him from commenting), and The Anderson News of Lawrenceburg. Its June 20 edition had a story focusing on Heritage Hall in Lawrenceburg, where 20 percent of non-psychotic patients received antipsychotic drugs.

A spokesman for Heritage Hall's operator, Elmcroft Senior Living and Memory Care of Louisville, told Anderson News Editor Ben Carlson that physicians "may choose to prescribe a medication such as antipsychotics without a diagnosis of psychosis or related condition such as controlling a patient's anxiety over a specific disease process."

Bernie Vonderheide, spokesman for the reform group, told Carlson that it suspects that many nursing homes use the drugs to keep patients under control and to avoid hiring more staff. "That is the single biggest problem in nursing homes, the lack of caregivers." (Read more; the New Era's story is behind a pay wall.)

Besides the Glasgow, Clinton and Hopkinsville facilities, the following had a percentage of non-psychotic patients receiving antipsychotic drugs that was more than double the national average:

Dawson Pointe, Dawson Springs 49%
Dover Manor, Georgetown, 49%
Edgemont Health Care, Cythiana, 46%
Pineville Community Hospital, Pineville, 44%
Edgewood Estates, Frenchburg, 42%
Wesley Manor Nursing Center, Louisville, 42%
Wellington Parc of Owensboro, 42%
Stanton Nursing Center, Stanton, 41%
Shady Lawn Nursing Home, Cadiz, 41%
Charleston Health Care Center, Danville, 37.5%
Breckinridge Memorial Nursing Facility, Hardinsburg, 37%
Cedar Ridge Health Campus, Cynthiana, 37%
Brighton Cornerstone Health Care, Madisonville, 36%
Carmel Home, Owensboro, 36%
Ridgeway Nursing and Rehabilitation Facility, Owingsville, 36%
J.J. Jordan Geriatric Center, Louisa, 35%
Medco Center of Henderson, 35%
Wolfe County Health and Rehabilitation Center, Campton, 34%
(Figures are rounded to the nearest percentage unless .5)
Read More


Friday, June 22, 2012

Large percentage of patients with dementia given drugs they don't need; see how your nursing home is doing

Kentucky reporters can now see how the nursing homes in their area are treating patients with dementia. The Boston Globe has published a list of all the nursing homes in the country that shows the percentage of residents without psychosis or a related condition but who are being given antipsychotic drugs. The data came from the federal Centers for Medicare & Medicaid Services.

Almost 40 percent of nursing home residents with dementia are on powerful antipsychotic drugs though they don't have psychosis or a related condition, federal regulators announced at the end of May. Their aim is to cut the use of these drugs on these patients by 15 percent by the end of this year.

The median use nationwide for patients being given antipsychotic drugs but who don't have psychosis is 16.7 percent. In Kentucky, 161 of 280 nursing homes surveyed were over the median number, according to the nonprofit advocacy group Kentuckians for Nursing Home Reform.

To see how your nursing home is doing, click here. (Read more)


Kentucky reporters can now see how the nursing homes in their area are treating patients with dementia. The Boston Globe has published a list of all the nursing homes in the country that shows the percentage of residents without psychosis or a related condition but who are being given antipsychotic drugs. The data came from the federal Centers for Medicare & Medicaid Services.

Almost 40 percent of nursing home residents with dementia are on powerful antipsychotic drugs though they don't have psychosis or a related condition, federal regulators announced at the end of May. Their aim is to cut the use of these drugs on these patients by 15 percent by the end of this year.

The median use nationwide for patients being given antipsychotic drugs but who don't have psychosis is 16.7 percent. In Kentucky, 161 of 280 nursing homes surveyed were over the median number, according to the nonprofit advocacy group Kentuckians for Nursing Home Reform.

To see how your nursing home is doing, click here. (Read more)


Read More