June 19, 2008
NEWSLETTER
A non-profit organization dedicated to the welfare of the “Forgotten Kentuckians”
THANKS, GOV. BESHEAR….
The position of state Long-Term Care Ombudsman will no longer be a political appointment, but instead once again become a state merit-system job.
Gov. Steve Beshear ordered the change back to the merit system as part of his recent reorganization of the state Cabinet for Health and Family Services.
A former nursing home ombudsman said, “Finally… someone in state government wised up and did the right thing.”
The director of the National Ombudsman Resource Center, Lori Smetanka, said, “The vast majority of state ombudsmen in the nation are not political appointees. Only a very few are, such as Pennsylvania and California.”
In the reorganization, Cabinet Secretary Janie Miller also moved the position to the Department of Aging and Independent Living. This action will return the long-term care ombudsman function to an agency charged with developing and coordinating services for seniors.
Dr. James Holsinger, who was secretary of the cabinet in the Fletcher administration, made the job a political appointment because he said he could offer a higher salary. He said he could attract better people that way.
Kentuckians For Nursing Home Reform strongly objected to Dr. Holsinger’s action, but the job remained a political appointment all through the Fletcher years. Advocates for nursing home reform worried that the rich and powerful forces in the nursing home industry could stop the brave nursing home ombudsman anytime they wanted from calling nursing home operators’ hands on problems in nursing facilities just by picking up the phone and calling the governor.
What you can do:
This is a big move for Gov. Beshear and it demonstrates his support of meaningful nursing home reform. You can write the governor and thank him for his support by sending him an e-mail at http://governor.ky.gov/contact.htm
FEDS MAY START RANKING NURSING HOMES
The Associated Press reports that “the Bush administration will put in place a rating system (for nursing homes) by the end of the year.” The ratings will be placed on a government Web site so that consumers can know at a glance the quality of a nursing home they are considering for a loved one. And federal officials say the rating system will also provide the incentive to make nursing homes improve. “I don’t think we’re going to see many people who are very anxious to put a loved one in a one-star home,” said Kerry Weems of the federal Centers for Medicare and Medicaid Services (CMS).
The nursing home industry is already out in force opposing the idea. “Although we applaud the longstanding work of CMS, we do not believe that an index which relies upon a broken survey system is an accurate way to measure quality,” said Bruce Yarwood, president and CEO of the American Health Care Association, the big nursing home industry lobbying group in the U.S. The nursing home industry often holds that the survey system is broken when saying so serves their purposes.
The National Citizen’s Coalition for Nursing Home Reform had this to say about the new rating system: “NCCNHR is concerned about the potential reliability of such a system (based on variable and inadequate survey results; self-reported quality information; and inaccurate nursing staffing data) and whether it is the best use of limited federal resources. During the next few weeks, NCCNHR will be reviewing current state experiences with ranking systems and available research on the viability of such systems, as well as consulting with researchers and other experts.”
Kentucky’s experience with nursing home rating systems has not been good. A system started about 10 years ago was discarded quickly when all but a few of the nursing homes in the state received superior ratings. “It was ludicrous,” says Kathy Gannoe, the long-time district nursing home ombudsman in the Lexington area.
Nursing home industry leader and former nursing home administrator Dr. Keith Knapp of Louisville said the federal idea “has some promise if it is structured in a way that provides meaningful and user-friendly information and is not just a beauty pageant.”
What you can do:
Send us an e-mail at KyNursingHomeReform@Yahoo.com and tell us what you think of a rating system for nursing homes, or any experiences you have had with such systems, and we will pass your comments on to our national organization and CMS officials.
ARE THEY GOING TO LET US DOWN, AGAIN?
Many people called Sen. Mitch McConnell to ask his support of a bill in the Senate that would require nursing homes to provide the public with information on the nursing home’s ownership structure, and other information. It is S.2641, the “Nursing Home Transparency and Improvement Act of 2008.” Advocates for nursing home reform are asking the senior senator from Kentucky and Senate minority leader to co-sponsor the measure and also see that it is attached to another bill that is sure to pass. That’s the way it is often done in Washington.
We received a letter from Sen. McConnell that said, “Should the Senate have the opportunity to consider this legislation in the future, please rest assured that I will keep your support foremost in mind.” Note that the senator did not say that he would co-sponsor S.2641 or work to get it through. And this coming from a fellow who wants Kentuckians to re-elect him again in November!
Advocates for nursing home reform have called this bill the most important nursing home reform measure to come before the Congress in 25 years.
The National Citizens’ Coalition for Nursing Home Reform still holds out for getting S.2641 passed. NCCNHR spokesperson Janet Wells said, “It isn't impossible that there will still be some kind of Medicare bill that both sides could agree to and that S. 2641 could be attached to. A lot would have to happen, but we are still talking to the Senate staff.”
Getting help for seniors and the elderly in nursing homes has been difficult in the current Washington administration. But what will happen when we get a new president? Said one of our members, Jim Vonderhaar: “Isn’t it interesting that Clinton, Obama and McCain.did not vote on this issue. And they all say they want to help the retirees and the low income folks. If they were leaders as they claim, they could have influenced the vote to ensure passage and make it veto proof.”
So, Sen. McConnell has yet to help. And his colleague from Kentucky, Sen. Jim Bunning, also was asked by nursing home reformers to support the bill and be a co-sponsor. Result? Nothing from Bunning either.
What You Can Do:
Our thanks to the hundreds of our members who called the offices of Sen. McConnell and Sen. Bunning urging them to support this important nursing home reform measure. So many people called Sen. McConnell’s office that one member reported the telephone answerer hanging up in frustration.
What can you do now? E-mail Sen. McConnell and Sen. Bunning and remind them that you vote and they better be listening to voters. (Better write this time, or you may get hung up on!)
Here are their e-mail addresses:
Sen. McConnell: http://mcconnell.senate.gov/contact.cfm
Sen. Bunning: Via his web page: http://bunning.senate.gov/
DO WE TELL YOU HOW TO VOTE?
We are a non-profit organization, recognized by the U.S. Internal Revenue Service, so by their rules we cannot tell you how to vote or support one candidate for political office over the other. But we can tell you about the candidates and how they react to our requests for help, which we are always doing.
LEST WE FORGET….
Look for results on a study to determine if training staff in nursing homes is effective in improving the care of Alzheimer’s patients. Not that we needed a study on this. We didn’t. But when a bill was introduced in the 2006 session of the legislature, the nursing home industry opposed it, as they usually oppose anything that might cost them a penny. As an excuse, the industry said that no one really knew if training nursing home staff to care for Alzheimer’s patients would help these folks. Another cop-out, of course. So the bill didn’t pass, but then Secretary of the Cabinet for Health and Family Services, Mark Birdwhistell, decided to take cabinet money and have the University of Kentucky do a study to find out. The Alzheimer’s folks, however, found out that the University of North Carolina already was doing such a study, so they added Kentucky to it. UNC researchers used five or six nursing homes in Kentucky who volunteered to participate in the study. We are betting that the results show that training does help, but then will the nursing home industry oppose doing it? And will the training be made to include training of caregivers outside of nursing homes, in private homes and community settings? Stay tuned.
MAKING LEMONADE FROM LEMONS
The Richards family, who watched their father suffer from alleged abuse and neglect at a nursing home in Frankfort, continue to do good works with the proceeds gained from a successful lawsuit against the nursing home. The family sued the nursing home for more than $150 million. After a seven-week jury trial, they were awarded $22 million, but settled out of court to avoid appeals for an undisclosed sum. One of the family, Jan Richards of Frankfort, is a member of the Kentuckians For Nursing Home Reform board of directors. She and her sister, Wanda Delaplane of Lexington, and Ms. Richards’ son, Phil, from Illinois, have now set up the Loren Richards Eldercare Scholarship to be awarded a graduate of a Kentucky community college working for a bachelor’s degree in an area that will have direct impact on the elderly population, particularly those in nursing homes. The family also has been extremely generous in financially supporting the work of Kentuckians For Nursing Home Reform, besides participating a volunteers. For information on the scholarship, contact the Blue Grass Community Foundation in Lexington or us.
JAN CAN
Jan Scherrer, of Versailles, a member of the board of directors of Kentuckians For Nursing Home Reform has been named by Gov. Steve Beshear to the Alzheimer’s Disease and Related Disorders Advisory Council. As per the board directive issued by the governor she will represent consumers. But she also will serve unofficially as a liaison between Alzheimer’s advocates in Kentucky and Kentuckians For Nursing Home Reform. We have long wanted to have a closer liaison between the two groups because so many people in nursing homes have dementia or Alzheimer’s Disease. This appointment, thanks to Gov. Beshear, will make that possible. She is a speech pathologist in private practice. Jan can do it.
QUOTABLE QUOTES….
“54 percent of nursing facilities fail to meet minimum standards. Yet only 5 percent are cited or receive penalties.”
—Kimberly Baker, State elder abuse specialist, from a 2003 federal government study.
“One of the biggest challenges in the future will be providing services to elderly residents in rural areas.”
—Melissa Hardy, Penn State University.
“I don't believe for one minute that nursing homes are losing money on Medicaid patients. The last time I heard that complaint here in Virginia, I learned that part of the facility's overhead was an outrageous monthly rent payment which was paid to the same individuals who operated the facility! Basically, the owners were skimming off the profit in the form of rent payments so they could say that the nursing home was not very profitable.”
—Legal Medicine Web site.
“You’ve heard of “No Child Left Behind?” I would like to propose another slogan: “No Elder Forgotten.”
—Dr. Gene Foster, on being given the Visionary Leadership Award at the Elder Abuse Rally in Frankfort.
“The actions by the Office of the Secretary of State and the Governor's task force should trigger a drive toward fully open government. Government inspections, of nursing homes and bridges, for example, should be available online.”
—Kentucky Secretary of State Trey Grayson and UK journalism professor Mike Farrell writing in The Courier-Journal.
SHORT STUFF
- The feds are cracking down on fire safety regulations for nursing homes. Latest word is that all nursing homes are going to be required to have automatic sprinkler systems throughout the facilities, no matter how old they are. There are 13 facilities in Kentucky that still are unsprinklered or partially sprinklered. They were “grandfathered” out of previous fire safety regulations.
- A meeting to hear comments and suggestions on the new state plan for aging for the next three years drew a “crowd” of one – a representative of your organization, Kentuckians For Nursing Home Reform. A number of suggestions were made by him, however, most of them revolving around emphasizing programs to improve and enhance care in long-term care facilities. The state plan is heavily weighted to independent living in homes or community. It was also suggested…. again…. that the name of the department be changed to Aging, Independent Living, and Long-Term Care. Why are our long-term care residents always left out? State officials received the suggestions and seemed open to what they contained.
- The new Legislative Research Commission administrator for the legislature’s health and welfare committee staff sports a Ph.D. She is DeeAnn Mansfield and will have her hands full handling this important committee in the House and Senate.
- Look for a big story in the Sunday Lexington Herald-Leader on the much-troubled Oakwood community for the mentally handicapped at Somerset. Reporter John Cheeves has been working on the story for sometime and covered the interim joint committee on health and welfare meeting recently where lawmakers grilled officials from the Department for Mental Health and Mental Retardation Services. Department Commissioner John Burt said “considerable progress has been made at Oakwood…. but we are not ready yet to apply for re-certification.” The facility lost federal Medicaid certification amid problems in caring for residents. Lawmakers wanted to know when Oakwood would be certified again. Sen. Ernesto Scorsone, D-Lexington, asked Mr. Burt why the strategic plan for Oakwood did not have a timetable. “What kind of strategic plan is this?” the senator asked. Rep. Bob DeWeese, R-Louisville, calmed things down finally by saying, “We’re just frustrated; that’s all.”
- Notes from the recent Elder Abuse rally in Frankfort: Actor William Mapother was there to make a speech. He is a local guy, from Louisville. You have seen him on such television hit shows at “Lost.” His parents live on St. Germaine Court in Louisville and he is national chairman of Elder Abuse Awareness….. New lapel pins for elder abuse were distributed. Kentucky is the first state in the nation to have such an emblem, according to Kimberly Baker from the state elder abuse office. Contact her if you want one……. Honored at the rally was Dr. Gene Foster who accepted an award for all his work on elder abuse, and in his remarks accepting it said, “You have heard of ‘No Child Left Behind.’ I suggest we have another slogan: ‘No elder forgotten.’”
- An e-transparency task force met in Frankfort this week, and it seems the leaders want to make available to you all the information they can on how Kentucky spends its money, and with whom. One would wonder if when they get this thing going – where all you have to do is get on your computer to access it – if they could also provide immediate access to nursing home surveys and other information concerning long-term care. Kentuckians For Nursing Home Reform will be pursuing this idea with the task force. By the way, the task force looked like a political convention with a bevy of erstwhile gubernatorial hopefuls lined up – Jonathan Miller, Trey Grayson, Todd Hollenbach, and Crit Luallen.
- If you live in the Maysville area, take note that the Maysville Police Department and the Buffalo Trace Area Agency on Aging and Independent Living will have program on Monday June 30 to provide seniors with information that will keep them safe. It’s at the Mason County Extension Office from 10 a.m. to Noon.
DON’T FORGET...
MORE THAN 23,000 PEOPLE IN NURSING HOMES IN KENTUCKY NEED US. THEY ARE KENTUCKY'S "FORGOTTEN PEOPLE."
BERNIE VONDERHEIDE
KENTUCKIANS FOR NURSING HOME REFORM
E-mail: KyNursingHomeReform@yahoo.com
Web Site: http://www.KyNursingHomeReform.org
Telephone: (859) 312-5617
P.S. - Name That Tune
Some of the artists of the 60's are revising their hits with new lyrics to accommodate aging baby boomers.
They include:
Herman's Hermits— Mrs. Brown, You've Got a Lovely Walker.
Ringo Starr— I Get By With a Little Help From Depends.
The Bee Gees— How Can You Mend a Broken Hip.
Bobby Darin— Splish, Splash, I Was Havin' a Flash.
Roberta Flack— The First Time Ever I Forgot Your Face.
Johnny Nash— I Can't See Clearly Now.
Paul Simon— Fifty Ways to Lose Your Liver
The Commodores— Once, Twice, Three Times to the Bathroom.
Marvin Gaye— Heard It Through the Grape Nuts.
Procol Harem— A Whiter Shade of Hair.
Leo Sayer— You Make Me Feel Like Napping.
The Temptations— Papa's Got a Kidney Stone.
Abba— Denture Queen.
Tony Orlando— Knock 3 Times On The Ceiling If You Hear Me Fall.
Helen Reddy— I Am Woman, Hear Me Snore.
Leslie Gore — It's My Procedure, and I'll Cry If I Want To.
Willie Nelson— On the Commode Again
—Thanks to Jack Guthrie