Nursing Home Law Blog : Nursing Home Lawyer & Attorney : Stark & Stark Law Firm : Elder Care, Senior Care

Telling the truth about those defrauding the government proves to be lucrative for the government, who took in $2.5 billion in healthcare fraud recoupment - the highest amount ever.  This is likely in part to new protections for employees courageous enough to come forward about employers who steal from and defraud the government. 

While whistleblowers are compensated with a percentage of the recovery, it still requires nerve to come forward about a company they work for who is cheating the state of federal government. 

Nursing homes are no exception to this practice of defrauding the government - billing for services, medications, and treatments that are either substandard or not provided at all - ultimately stealing money from taxpayers.  We have seen this in things such as bed sore treatments not being given, psychiatric consults where a resident is barely assessed before strong drugs are prescribed, and therapy not being done when it's supposed to. 

Those who come forward about these shameful practices need to be applauded.  Not only do they do what is right for their fellow citizens, but they force companies to deliver better care to their residents.

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Many of our clients describe poor nursing home conditions that a loved one was forced to endure until they could be moved or before they died.  All too often, a nursing home will promise to fix problems complained about and don’t.  Most people are not aware that there are laws that dictate mandatory nursing home responsibilities.  Nursing homes that do not meet their obligations can be punished.

Along with specific resident rights, state law also sets forth specific responsibilities that a nursing home must fulfill.  These are important to know as well as resident rights because when a nursing home is not meeting its responsibilities it can deliver poor care.  Some of these responsibilities include:

• admitting only that number of residents for which it reasonably believes it can safely and adequately provide nursing care (not enough CNAs or nurses)
• ensuring that drugs and medications are not used for convenience of the staff, or for punishment, or in such quantities that interfere with a resident’s normal living activities
• complying with all state and federal regulations
• providing for the spiritual needs and wants of residents by notifying, at a resident's request, a clergyman of the resident's choice
• ensuring that no resident shall be subjected to physical restraints except upon written orders of an attending physician for a specific period of time when necessary to protect such resident from injury to himself or others
• any applicant for admission to a nursing home who is denied such admission shall be given the reason for such denial in writing

It’s important to know what a nursing home must do by law so they can be held accountable for poor care.  Make sure you have a copy of the law.

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Here is a very disturbing story involving a pharmacy which for many years opened sealed containers of excess drugs in an unsterile environment and resold them to unsuspecting nursing homes - with no consideration for expiration dates or contamination.  This came to light solely due the bravery of a whistleblower-employee.

What many witnesses to such conduct do not realize is that there are laws to protect whistleblowers and to encourage this type of reporting.  Known as qui tam actions, private individuals, known as relators, can sue corporations which defraud the federal government and often receive a percentage of the proceeds received from the wrongdoer.
 

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Many of our cases involve terrible injuries and death as a result of neglect, negligence and abuse, such as bed sores, hip fractures and assaults. However, many of our clients and their families also complain about living in nursing homes that are just bad - a lousy building, freezing in the winter, hot in the summer, residents not being changed and bathed, broken plumbing, roaches and rodents, uncaring staff, or not enough nurses or CNAs. After receiving complaints, the nursing home promises to fix these problems and don’t. What can someone do in these circumstances? 

Know your rights.
New Jersey, like many other states, gives nursing home residents specific rights by law. If nursing homes infringe these rights they can be punished. Resident rights must be in writing, posted, and given to each nursing home resident when admitted. These are important rights, and include the right to:

• a safe and decent living environment
• privacy
• considerate and respectful care
• expect and receive appropriate assessment, management, and treatment of pain
• unrestricted communication at any reasonable hour
• unaccompanied right to a telephone 
• obtain assistance in writing and reading letters
• retain personal property
• to wear your own clothes
• present grievances on behalf of himself or others to the nursing home administrator

Make sure you have a copy of the law. You can view the full text online. If the nursing home is not meeting these rights, demand that they start doing what the law requires.

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