Herman Health Care Center Ratings and Violations

When aging adults have increased medical needs, they may move into a nursing home to receive the care and support needed to maintain or improve their health status. These institutions provide access to 24/7 healthcare services, comfortable accommodations, and daily living assistance. However, many nursing homes in the United States, including Herman Health Care Center in San Jose, California, fail to meet quality standards. These deficiencies can lead to abuse and neglect that harm the residents.

At the Nursing Home Law Center, our legal team consistently supports victims of abuse and neglect who have suffered at the hands of these facilities. Our caring nursing home abuse law firm will stand by your side as you seek justice, increasing your chances of securing fair compensation for legal damages caused by the misconduct. We know what it takes to build a strong claim and hold the nursing home accountable for your suffering.

In this guide, we will examine this facility in San Jose, CA, to determine its specific failings that have caused harm to residents. Then, we will share what legal options you have to seek justice as a nursing home abuse victim.

Herman Health Care Center: Facility Profile

The Centers for Medicare and Medicaid Services is a federal agency responsible for regulating nursing homes across the United States. This government agency provides the public with information about various institutions so consumers can make informed decisions about their care needs. Some of the data published on the CMS website includes logistical information, past inspection reports, violations, and quality ratings.

Here is the latest location data available for Herman Health Care Center:

Facility Name: Herman Health Care Center (Herman Sanitarium)

Address: 2295 Plummer Avenue, San Jose, CA 95125

CMS Overall Rating: 1 star (much below average)

CMS Health Inspection Rating: 1 stars (much below average)

CMS Staffing Rating: 3 stars (average)

CMS Quality Measures Rating: Not available

Federal Fines in the Last 3 Years: 0 fines

Denied Payments by Medicare in the Last 3 Years: 0

Cited for Abuse: No

SFF: No

About Herman Health Care Center

Herman Health Care Center is a skilled nursing facility located in San Jose, CA. The facility has 99 certified beds and is managed by Herman Sanitarium. This nursing home provides services for both short-term rehabilitation and long-term care residents. Herman Health Care is not part of a continuing care retirement community or hospital. The ownership type at this institution is a for-profit individual.

Here are some of the services provided by the staff at this skilled nursing facility:

• 24/7 nursing staff availability
• Occupational therapy
• Physical therapy
• Speech therapy
• Social services
• Podiatry
• Psychiatry
• Psychology
• Private rooms
• Major injury care
• Pain management
• Nutrition and food support
• Drug management
• Discharge and transfer services
• Cultural, recreational, social, and religious activities
• Daily living assistance (eating, bathing, dressing, etc.)

Herman Health Care Center CMS Ratings, Violations, and Safety Inspections

In its role as a regulatory agency for nursing homes in the United States, CMS created a five-star rating system to help consumers assess the quality of these facilities. Each nursing home receives a separate score for the following categories: overall, health inspections, staffing, and quality measures. Here is the scale for this rating system:

• One star – Much below average
• Two stars – Below average
• Three stars – Average
• Four stars – Above average
• Five stars – Much above average

In general, Herman Health Care Center has performed poorly in these categories (one star for the overall rating, one star for health inspections, three stars for staffing, and no rating for quality measures). Let’s take a deep dive into these categories to understand why this San Jose, CA, institution has performed so poorly according to its CMS ratings.

Skilled Nursing Facility Health Inspections

This nursing home has the lowest possible health inspection rating. Health inspections are typically conducted each year, but they can also be initiated in response to complaints about the nursing home. The last inspection of Herman Health Care Center was conducted in February 2024. In this report, the nursing home received 33 health citations, far exceeding the California average of 16.1 and the national average of 9.5. Consequently, this facility can be considered one of the lowest-rated nursing homes in California.

Since September 2024, four inspections have been conducted in response to nursing home complaints. In the last three years, five complaints have resulted in health citations against the nursing home. However, 20 self-reported issues led to citations against the institution.

Let’s look at some specific deficiencies discovered at Herman Health Care during health inspections:

• A failure to protect each resident from all types of physical, mental, and sexual abuse, physical punishment, and neglect
• A failure to timely report suspected abuse, neglect, or other misconduct to the proper authorities
• A failure to ensure that medication error rates are not greater than 5%
• A failure to provide care and appropriate treatment in accordance with each resident’s care plan and preferences
• A failure to ensure all nurses and nurse aides have the appropriate competencies to support every resident’s well-being
• A failure to provide an infection prevention and control plan, raising concerns of nursing home infection negligence
• A failure to provide safe, appropriate pain management care for a resident who needed such services
• A failure to ensure the nursing home area is free of accident hazards and that there is adequate supervision to prevent accidents
• A failure to provide activities to meet every resident’s needs
• A failure to provide pharmaceutical services to meet all residents’ needs
• A failure to provide care for patients needing dialysis services

Staffing

Staffing has been another area of concern at Herman Health Care Center, even though the nursing home is considered average based on its three-star CMS rating. However, sufficient staffing is essential to meet all the needs of nursing home residents, so any shortcomings can have negative effects. Here are some specific deficiencies in the area of nursing home staff:

• 20 minutes of registered nurse staff hours per resident per day, compared to the state average of 38 minutes and the national average of 41 minutes
• 1 hour and 5 minutes of LPN/LVN staff hours per resident per day, compared to the state average of 1 hour and 14 minutes
• 0 minutes of physical therapist staff hours per resident per day, compared to the California average of 5 minutes and the national average of 4 minutes
• 12 minutes of registered nurse hours per resident per day on the weekend, compared to 29 minutes statewide and 28 minutes nationally
• A total nurse staff turnover rate of 50.4%, compared to 38.9% in California and 46.9% in the United States
• A registered nurse turnover rate of 80%, compared to the state average of 40.1% and the national average of 43.8%

Quality Measures

On the CMS website, no rating is available for the quality measures category at this San Jose, CA, nursing home. However, there is still plenty of data demonstrating this nursing home’s failures in providing higher-quality care.

First, let’s look at the concerns for short-stay residents at Herman Health Care Center:

• 23.5% of short-stay residents have had an outpatient emergency department visit during their stays, compared to the state average of 11.1% and the national average of 12%, indicating concerns of injuries caused by nursing home neglect
• 6.5% of short-stay residents received antipsychotic medication for the first time, compared to 1.4% statewide and 1.6% nationally, demonstrating unauthorized use of chemical restraints
• 36.51% of short-stay residents are at or above an expected ability to care for themselves and move around at discharge, compared to the national average of 54.9%
• 80.2% of short-stay residents received follow-up after issues were discovered during medication reviews, compared to the national average of 95.1%, indicating non-compliance with nursing home medication handling procedures
• 3.5% of short-stay residents experience one or more falls with a major injury, compared to .8% nationally, representing concerns over nursing home fall prevention
• 23.5% of short-stay residents had a successful return to their homes or communities, compared to 49.9% nationally

Though there is limited data about the long-stay care programs at this nursing home, there are still several areas of concern:

• 3.23 outpatient emergency department visits per 1,000 long-stay resident days, compared to the California average of 1.57 and the national average of 1.78
• 1.5% of long-stay residents had a urinary tract infection, compared to 1.3% of residents statewide, pointing to problems with nursing home urinary infection prevention
• 20.2% of long-stay residents experienced a diminished ability to walk independently, compared to the state average of 13.3%
• 8.5% of long-stay residents lost too much weight, compared to 4.3% statewide and 5.5% nationally, proving the staff’s failure to manage nursing home resident weight loss
• 17.8% of long-stay residents experienced new or worsened bowel or bladder incontinence, compared to the state average of 11.8%
• 22.3% og lon-stay residents experienced an increased need for support with daily activities, compared to the state average of 11.6% and the national average of 16.2%

Residents’ Legal Rights Following Abuse or Neglect at Herman Health Care Center in San Jose, CA

If you or a family member is a resident in a nursing home, state and federal laws protect certain rights. First, you have the right to receive quality care from the nursing home staff. Second, you have the right to maintain a dignified existence and be treated with respect. Another statute ensures you have the right to file administrative complaints against the nursing home.

When any of your rights are violated, and you suffer from abuse or neglect as a result, you have the option to file a civil lawsuit against the at-fault parties. One reason to file a civil claim is to recover fair compensation for legal damages suffered, which may include:

• Lost income – Injuries caused by abuse or neglect may force you to miss work, which will allow you to claim lost wages in your settlement
• Medical expenses – Any costs associated with your treatment, such as emergency room visits, surgical procedures, medication, rehabilitation, and therapy, can be added to the value of your payout
• Future medical bills – A medical professional can testify about your ongoing need for care to include future payments in your settlement
• Emotional distress – You can obtain additional compensation if you struggle with psychological disorders due to your trauma, such as anxiety, depression, and Post-Traumatic Stress Disorder
• Pain and suffering – If your physical injuries result in suffering or painful surgeries, this can increase your potential payout
• Disability and disfigurement – Permanent alterations to your appearance or abilities can affect your compensation as well
• Loss of enjoyment of life – As a victim of nursing home abuse or neglect, you may struggle to find the same joy in life

Whether your suffering was caused by hospitalization, safety violations, violence from other patients, or drug errors, a California nursing home abuse lawyer can guide you through the claims process to pursue justice.

How Nursing Home Law Center Can Help

At the Nursing Home Law Center, we know what it takes to build a strong claim and obtain fair compensation. We can also help you overcome significant legal challenges, such as insufficient evidence or stubborn defendants.

When you work with a San Jose nursing home abuse attorney from our firm, you can access the following legal services:

• Investigating Herman Health Care Center to establish liability
• Gathering evidence of negligence, such as witness statements, surveillance footage, and medical documentation
• Protecting your rights as a nursing home resident
• Assessing all legal damages to maximize compensation
• Negotiating with insurance companies
• Litigating in civil court if necessary

At our firm, we work on a contingency fee basis. This means you owe nothing unless we secure a favorable outcome. We also offer a free consultation for every nursing home abuse victim, during which you can ask questions about the legal process.

If you or a person you love has suffered at a nursing home like Herman Health Care, contact us today at 800-926-7565 or complete the online form to schedule a free consultation.