How To Check Nursing Home Violations
Taking care of our older loved ones and family members is incredibly important, and many families turn to nursing homes to provide round-the-clock care. Families rely on nursing homes for many reasons: maybe it’s a change in one’s health necessities, the fact that hiring a live-in caretaker isn’t feasible, because of a desire for more social interactions with peers, or something else—We trust that this type of facility will provide the care that’s advertised.
Unfortunately, not every nursing home or long-term care facility fulfills its end of the deal. Issues like staffing shortages, poor scheduling, lack of adequate facilities, outright malicious behavior, and more can lead to nursing home violations. In far too many cases, these violations can also lead to or are directly tied to elder abuse.
If you suspect that your loved one or family member is the victim of abuse, work with an experienced law firm to protect them. At Cohen, Feeley, Altemose & Rambo, our nursing home abuse and neglect attorneys have more than 190 years of combined experience.
Our Pennsylvania nursing home abuse attorneys have secured thousands of awards and settlements for our clients over that time. Contact us today to schedule a free consultation with a member of our firm, and keep on reading to learn more about this serious issue.
Common Nursing Home Violations
Nursing homes are required to meet a certain set of standards in order to protect residents and provide the care they advertise. The Pennsylvania Department of Health performs yearly inspections. However, they may perform these checks more frequently if the nursing home has a history of violations or infractions, or if there are reported incidents or complaints.
Some of the things these agencies check for include, but are not limited to:
- Proper management of medication
- Failure to prevent avoidable accidents like slip and falls
- How food is handled and how well kitchen and dining areas are sanitized
- Adequate staffing
- Proper record keeping
During these inspections, inspectors take note of how the staff interacts with residents and the general environment of the facility; they often also review clinical records. They may also interview staff members, residents, and family members (among other steps). These surveys typically take place over several days, and there is no notice provided before they occur. Once the inspection is completed, the nursing home receives a written report. Then, the nursing home is directed to submit a plan of action to correct identified problems.
Facilities that fail to meet the required standards are issued a citation. Additional penalties may occur if the nursing home repeatedly receives citations or fails to address citations in a timely manner. The facility has 30 days to file an appeal, but there is no guarantee that the penalties will be lifted. In severe cases, the nursing home may be fined or it may lose its license and be shut down entirely.
What is the Difference Between Nursing Home Violations and Elder Abuse in a Nursing Home?
The main difference between a nursing home violation and elder abuse in a nursing home is that a violation occurs when the facility fails to meet state and federal standards, while abuse directly affects an individual.
While there is some overlap — abusing a resident is a violation of both state and federal regulations and laws — the two are not necessarily interchangeable. A nursing home violation is something that can be addressed by state and/or federal agencies, but elder abuse might not have an institutional association.
Elder abuse can take many forms, including physical abuse, mental abuse, sexual abuse, financial abuse, negligence, and more.
Identifying elder abuse can be tricky, which is one of the reasons why it’s so important to stay in regular communication with your family member or loved one. This can help both identify changes in their behavior that are symptomatic of abuse and give them the opportunity to share their problems with you as they begin to appear. While not as common as non-fatal injuries, abuse or negligence may even lead to wrongful death cases.
If your family member or loved one comes to you with concerns that they are being abused or taken advantage of in some way, it’s important to take them seriously. While it’s hopefully something that can be solved quickly, it is far too often that these cases require legal intervention to provide the protection and restitution they deserve.
How To Check Nursing Home Violations
If you suspect a nursing home neglect or abuse, there are a few ways to look for previous accounts and evidence.
- The Pennsylvania Department of Health (DOH) maintains a nursing care facility locator page where people can search by county to find essential info on nursing homes, including who owns the facility, the date of the last inspection, and relevant licensing information
- The Human Services Provider Directory is another resource for checking the licensing status of a nursing home. The Pennsylvania Department of Human Services keeps accessible records of a facility license number, the inspection/violation file date, and the inspection/violation report.
- The Professional Licensing Disciplinary Actions compiles and presents reports from the state’s 29 professional licensing boards and commissions and Notaries Public. Here people can search for the license number, sanctions imposed, appeals made, and why disciplinary actions were taken.
When Can You Make a Nursing Home Complaint?
State inspections are a good time to raise concerns, but you are not limited to these small windows to have your voice heard. It’s also possible for either a resident or a member of their family to file a complaint or grievance throughout the year. For more information on how to file a complaint, Medicare.gov provides a comprehensive overview of the process and outlines the steps you can take.
For a more complete understanding of the standards and regulations for nursing homes in Pennsylvania, the Pennsylvania Department of Health provides a comprehensive look at the state and federal regulations its inspectors follow.
If you wish to flag an issue with the Department of Health, concerned individuals may fill out this online complaint intake form or call the PA Dept. of Health at 800-254-5164.
While not every violation leads to abuse, it is often a sign that abuse may be occurring, and can also serve as important information that may strengthen a case. If you believe that these violations have resulted in a case of nursing home abuse, it may be in your best interest to seek legal representation.
An experienced nursing home abuse and neglect attorney can help you formulate a plan of action, and take the steps necessary to secure compensation for the damages caused, and help begin to rectify the situation.
Work With Experienced Attorneys to Secure the Outcome You Deserve
If your family member or loved one was the victim of nursing home abuse or suffered from a nursing home violation, working with legal counsel you can trust can be an important step to securing the compensation they need.
At Cohen, Feeley, Altemose & Rambo, our nursing home abuse and neglect attorneys have more than 190 years of combined experience handling these types of cases. We have secured more than $1 billion in verdicts and settlements for our neighbors in the Lehigh Valley and throughout all of Pennsylvania.
Fill out our online form to schedule a free consultation, or give us a call at 610-625-2100 to discuss your situation with one of our award-winning lawyers today!
Sources:
Nursing Home Patients and Families | Pennsylvania Department of Health
Nursing Home Regulations | Pennsylvania Department of Health
Health inspections for nursing homes | Medicare
Online Complaint Intake | Pennsylvania Department of Health
Professional Licensing Disciplinary Actions | Commonwealth of Pennsylvania
Provider Directory Search Page | Pennsylvania Department of Human Services
Nursing Care Facility Locator Page | Pennsylvania Department of Health