According to Medicare.gov, Kentucky has 284 nursing facilities. While 161 (58%) of these nursing homes rank average or above on the level of care they provide, the remaining 118 (42%) have below average and much below average ratings. This substandard level of care falls below the acceptable rating allowed by Medicaid and Medicare.
The investigators for state and federal agencies specifically address issues that lead to injury, harm or death of residents in long-term care facilities throughout Kentucky. These inspectors identify minor in major violations including an injury that results from in action for negligence, unreasonably confining or restraining a vulnerable resident, mental distress, or any assault involving physical or sexual assault. The surveyors will tour the facility, conduct interviews, and review records to identify facility-acquired bedsores, infectious residents, and suspicious activity that could identify neglect and mistreatment.
While there are situations where the injury that occurred to the resident was the result of an innocent accident, others are more evident signs of neglect, abuse, and mistreatment. The nursing home inspectors and surveyors will conduct a thorough investigation of every opened complaint or identify problems during an annual licensure and certification survey. When the violation is detected, the nursing facility typically receives a monetary penalty, denial of Medicaid payments or at minimum develops a compliance plan to correct the violation.
Below is a small sampling of the many hundreds of violations and hazards found by investigative teams that issued citations, monetary penalties and denied payment for Medicare services.
If the employees at the nursing facility failed to take appropriate measures, the residents can be exposed to hazards and dangerous situations that could cause accidents, injuries, or death. Serious concerns at Kentucky nursing homes involving accident hazards include:
If any resident, visitor, family member or employee witnesses or reports an allegation of neglect or abuse occurring at the facility, the nursing home is required to conduct a comprehensive investigation and report the findings to the Administrator and State Agency. Any failure to do so violates rules and regulations. Serious concerns involving a failure to investigate mistreatment include:
The spread of infection throughout the nursing home is a serious concern that can be prevented if the nursing staff and employees follow established protocols. Any failure to sanitize hands, properly handle dirty linens, or use personal protective equipment (PPE) correctly around infectious residents could raise serious concerns at the facility including:
The nursing staff must follow established protocols to prevent facility-acquired pressure ulcers, decubitus ulcers, bedsores, pressure wounds, and pressure sores. Serious concerns involving the development of bedsores in Kentucky nursing homes include:
The nursing home cannot use a physical restraint for convenience or to control the resident. Restraints can only be used after they have been approved for use through a Physician’s orders that follow established law and regulations. Serious concerns involving the use of restraints and Kentucky nursing homes include:
Other serious safety concerns include a failure to notify the resident’s Doctor or family member of a change in the resident’s condition including a decline in their health. Without Physician notification, the resident will not receive adequate treatment that could improve or maintain their well-being.
Attorney Carey Acerra
Licensed in Kentucky
Chicago Nursing Home Injury Attorney Nursing Home Law Center LLC Home