March 6, 2009
NEWSLETTER
A non-profit organization dedicated to the welfare of the “Forgotten Kentuckians”
SAD
The bill to require nursing homes to post the ratings they receive from the new federal Five-Star Rating System apparently will not make it in this session of the state legislature, in spite of your efforts. It had a sad ending. House Bill 318 was referred to the Health & Welfare Committee. The chairperson is Rep. Tom Burch, D-Louisville. Rep. Burch did at first place the bill on his committee agenda for a vote, but just before the committee met, he changed that to “discussion only.” He said he wanted to hear the discussion and learn more about it before letting the committee vote. The sponsor of the bill, Rep. Carl Rollins II, D-Midway, presented the bill to the committee for a discussion. He did an excellent job, and there indeed was a good discussion. From their remarks, it seemed that all of the committee members supported the bill and would have voted for it if they had a chance. Rep. Susan Westrom, D-Lexington, was so enthusiastic about it that she asked to be named a co-sponsor. But alas, that was it. House Bill 318 has never been heard from since because at subsequent meetings of the committee, Rep. Burch did not put the bill on the agenda for a vote. We called him to find out why, but he did not return our calls.
FIVE-STAR RATING SYSTEM: IS IT IN DANGER?
The big, rich and powerful nursing home industry started shooting at the new Five-Star Rating System with criticisms and excuses almost as soon as it was announced Dec. 18. Naturally, the industry didn’t like the system that exposed its low-quality facilities to the glare of public criticism. The industry charged that the new system is based on a “flawed” survey process. That’s the system where inspectors go into nursing homes to see if they are abiding by regulations to ensure quality care of residents.
A big assisted living and nursing home facility in Lexington sent a letter to its residents and family members criticizing the new system. The letter called the new system “one-dimensional,” and added that “as always, our utmost concern is to protect the safety and well-being of our residents.” The facility, Richmond Place, got One Star in the new rating system which is “much below average,” according to the federal Centers for Medicare and Medicaid Services.
Another Lexington facility—this one with Four Stars that stands for “above average”— took a different tack, of course. They used their good rating to raise their rates $12 a day, according to a family member of one their residents.
A national nursing home industry group even claimed it did a study on the inspection system titled “Broken and Beyond Repair.” One of the leaders of that group was Tim Veno who was Inspector General in charge of surveying nursing homes in the Patton administration and who is now head of a nursing home lobbying organization headquartered in Louisville.
You can bet that the industry will try to use its considerable wealth to buy the attention of officials in the new Obama administration and try to get them to scrap the rating system. The National Citizens’ Coalition for Nursing Home Reform (NCCNHR) is worried too. One of its top officials, Janet Wells, put out an alert to nursing home reform groups nationwide, saying:
“The nursing home industry is engaged in an unprecedented attack on the survey and certification system at the state and federal level. NCCNHR believes it is critically important to let the incoming Secretary of Health and Human Services know that advocates stand behind the law, survey process, and transparency of quality information embodied in the Five-Star Rating System. While these systems may be flawed, they should be improved, not weakened or even eliminated.”
KENTUCKIANS FOR NURSING HOME REFORM supports the rating system and efforts to continue studying how to make it even better and eliminate flaws in the system, if any.
THE SNEAKY ONES….
The big, rich and powerful nursing home industry is good at sneaking up on you. Take Kentucky, for example. In 2004, on the last day of the legislature, at 10 p.m. at night, the nursing home industry sneaked through an increase in the provider tax. The way the tax works, it was a $50 million a year plus windfall to the industry. They told one lawmaker that if he sponsored the legislation, quietly tacked on to another bill, they would use their gains to provide better quality care. Which, of course, they did not.
Now comes along the former Bush Administration which also has pulled a quick one favoring the $144 billion nursing home industry. Bloomberg news service broke the story revealing that without public notice or attention the Bush people cut off the public’s access to the information state inspectors collect when they investigate a nursing home. Government inspectors have the right to go into a nursing home and investigate, and they learn things that residents and families otherwise could never find out. With heavy backing, we are sure, from the rich nursing home industry, the Bush administration created a rule that designates state nursing home inspectors as federal employees, a group usually shielded from providing evidence for either side in private litigation. In other words, the result of this action is that if you hire a lawyer to sue a nursing home, he/she is going to have a difficult time gathering evidence to support your allegations.
A family member in a big case in Frankfort told us that it would have been near impossible for them to win that case if this new gag rule had been in effect. And an outstanding attorney in Louisville, Martha Marie Eastman, said: “The effect of the regulation is to conceal important information that should be readily available to the public. Families have the right to know details regarding investigations so they can make informed decisions as to where they are placing their loved ones. There is simply no rational basis for the regulation and it should be repealed.”
QUOTE OF THE MONTH
“I call it the conspiracy of silence, because no one is able to talk for them..”
SHORT STUFF
- If you have Medicare and need help buying your medicines, there is a new federal regulation you should know about, according to Legal Aid of the Bluegrass. Just call 1-866-516-3051 to get more information.
- A Texas man has been charged with fraudulently billing the government for more than $1 million in adult diapers that customers never received. We bet that a lot of those customers were nursing homes. Will he be convicted? It Depends.
- Two Kentucky legislators — Senators Kathy Stein and Tom Buford — have been given an award by the American Humane Society for helping pass legislation to crack down on people who abuse animals. Both of these lawmakers also are supporters of nursing home reform, and we hereby announce that we will present them an award if they can prevent nursing homes from abusing people.
- The Tennessee Court of Appeals has sustained most of a $4.1 million damage award against a nursing home operator in that state. One of the lead lawyers in the successful action is Lisa Circeo of Lexington. She is with the firm of Wilkes & McHugh of Tampa, FL.
- Under the rich get richer category: Louisville-based Kindred Healthcare, which owns a number of nursing homes in Kentucky, has announced that its fourth quarter 2008 earnings were $21.2 million, compared to $16.3 million a year before.
- Legislation has been introduced in the California legislature to tighten the rules on giving elderly patients drugs like the ones used to chemically restrain residents in nursing homes. “Many of these drugs are forcibly administered to control the behavior of the residents for the staff’s convenience…. “ the lawmaker who introduced the bill said.
TELL WHAT YOU KNOW ABOUT
It’s always evident that people who are the most passionate about improving nursing home care are people who have had loved ones in a nursing home. You can spot these people all the time, and they may be not only family members of nursing home residents, but employees of nursing homes. Or as one CNA recently said to us, “I just can’t take this awful treatment of old people any longer.” This brings us to such casual observers of nursing home care as some of the lawmakers in the legislature. One legislative leader even wanted us to arrange surprise visits to nursing homes so he could observe poor care for himself. He was a Doubting Thomas and wanted “proof.” Most people, however, know that you cannot “observe” poor care by just walking in the door. You have to live it yourself or with a loved one.
The people who know what really is going on in nursing homes — like many of the people who read this newsletter— need to educate the people who have been lucky enough not to have come in intimate contact with poor nursing home care. It’s a job of educating people about what the problems really are.
YOU CAN HELP EDUCATE THE PUBLIC AND LAWMAKERS by going to a relatively new blog and telling your story. One of our members, Dave Poland, has started a blog called “Nursing Home Reality.” You can find it at http://nursinghomereality.wordpress.com. There you can tell your story, but your identity is not revealed, nor does Mr. Poland allow you to identify the nursing home.
So, take time and tell your experiences with nursing home care. It may just help make changes for the better.
YOUR DOLLARS CAN HELP
This Newsletter is published by Kentuckians for Nursing Home Reform, Inc., a non-profit, all volunteer organization comprised of people working to improve the lives of the 23,000 "Forgotten Kentuckians" destined to live out their lives at the mercy of nursing homes. If you would like to assist in our charitable work by helping underwrite expenses of conducting educational seminars, lobbying for residents' rights in the State Legislature, or publishing informative materials, you may send your contribution to Kentuckians for Nursing Home Reform, Inc., 1530 Nicholasville Rd., Lexington KY 40503. Contributions are tax deductible as allowed by law.
Or maybe you have time to help on some of our projects? To volunteer, write to the same address, or email KyNursingHomeReform@yahoo.com. Thank you.
MEMORIALIZE YOUR LOVED ONES
KENTUCKIANS FOR NURSING HOME REFORM is a non-profit organization. That means that any donations to the organization are tax deductible by the donor. With that in mind, we offer for your consideration the thought that memorials at the time of the passing of a loved one or friend could be in the form of donations to KENTUCKIANS FOR NURSING HOME REFORM, 1530 Nicholasville Road, Lexington, KY 40503.
P.S.
The Talking Frog
The old guy loved to fish. And he was fishing the other day when he heard a voice say, ”Pick me up.” He looked around and couldn't see any one. He thought he was dreaming when he heard the voice say again, “Pick me up.”
He looked in the water and there, floating on the top, was a frog.
The man said, “Are you talking to me?”
The frog said, “Yes, I'm talking to you. Pick me up, then kiss me, and I'll turn into the most beautiful woman you have ever seen. I'll make sure that all your friends are envious and jealous because I will be your bride!”
The man looked at the frog for a short time, reached over, picked it up carefully, and placed it in his front breast pocket.
Then the frog said, “What, are you nuts? Didn't you hear what I said? I said kiss me and I will be your beautiful bride.”
He opened his pocket, looked directly at the frog and said,
“Nah, at my age I'd rather have a talking frog.”
With age can come wisdom.