Nursing Home Chain Settles Claims for Inadequate Care, Failing to Follow Safety Protocols in Kentucky, Other States

One of the country’s largest nursing home chains has agreed to pay $38 million to the federal government and eight states – including Kentucky – to settle claims that it billed Medicare and Medicaid for services that were so substandard that they were worthless, according to news reports.

Investigators alleged that Extendicare Health Services, Inc. and its subsidiary, Progressive Step Corp., did not follow safety protocols and did not hire enough skilled nurses to care for residents in 33 of its 146 homes. In some cases, the care was so poor that residents suffered from head injuries, bedsores, fractures, malnutrition, dehydration, infection and were injured in falls.

The company denies any wrongdoing and claims it agreed to the settlement to avoid the cost of extended litigation.

The latest news is another sad chapter in nursing home news in Kentucky. The Lexington Herald-Leader did a comprehensive investigation of nursing home abuse in the state in its “Voiceless and Vulnerable” series in 2010, where it found a chilling number of instances of substandard care, negligence, sexual abuse and neglect in Kentucky facilities. In 2013, 11 nursing homes in Fayette County and five surrounding counties were found to have below average care,according to a federal ratings system from the Centers for Medicare and Medicaid Services.

And earlier this month, an 82-year-old woman in Brownsville filed suit against Genesis Health Care’s Edmonson Center for negligence that resulted in bruising on her neck, back, arms, face and black eyes. Three of the Edmonson Center’s former employees are already accused of abuse and are to be arraigned in October.

Amid such horror stories, it is easy to understand why families wrestle so much with the decision to place a loved one in a nursing home. Many loving children do not have other options for their parents and must place their trust in elder care facilities to provide proper care.

A particular challenge of nursing home abuse is that it’s often a silent crime. Some elderly residents may have limited speech or no speech to communicate that they are being abused or neglected. Others may be too ashamed or afraid of retribution.

There are certainly quality nursing homes available to people, but unfortunately ratings systems and word-of-mouth can only go so far. It is also important to learn warning signs of nursing home abuse so that you can quickly recognize red flags before it is too late.

Here are some warning signs of possible nursing home neglect or abuse:

• Pressure sores
• Malnutrition
• Dehydration
• Unnecessary restraints
• Bruising
• Unexplained injuries
• Change in behavior
• Mental deterioration
• Sudden withdrawal
• Keeping quiet or avoiding eye contact when a caregiver is present
• Inability for a caregiver to report on a resident’s condition
• Poor personal hygiene
• Failure of a facility to repair or correct hazards on site
• Difficulty finding a staff member to address your questions or concerns
• Unexplainable financial problems or changes to the resident’s will or power of attorney

If you suspect that someone you love is a victim of nursing home abuse, it is important to speak up. Contact law enforcement, an experienced attorney or the Kentucky Long-Term Care Ombudsman as soon as possible.