Both the State of Alabama and the Centers for Medicare and Medicaid Services (CMS) conduct routine investigations, inspections, and surveys of every nursing facility statewide. Their efforts identify minor to severe violations and deficiencies that require prompt corrections and adjustments. When the deficiencies are found, the nursing home investigators review the policies and procedures at the facility to show evidence why citation and monetary fines should be issued.
Even though the nursing homes with deficiencies are forced to re-educate the nursing staff and adjust policies and procedures, in some cases, the underlying problems are too great to make permanent improvements.
When this occurs, the regulators for Medicare and Medicaid can break the contract with the nursing facility or force the Home to sell their property and operation to another company in good standing. Before this happens, the nursing home is usually placed on a Medicare watchlist and designated a Special Focus Facility.
Over two years ago, state and federal regulators designated Woodley Manor Health and Rehab Center a Special Focus Facility. Since then, the facility has been under the watchful eye of investigators and inspectors who conduct unannounced surveys and follow-up on formal complaints filed against the nursing home.
Likely, the Health and Rehabilitation Center will remain on the watchlist and maintain this undesirable designation for many years to come. Some concerns about serious violations and deficiencies are listed below
This Facility is a ‘for profit’ Center providing cares and services to the residents of Montgomery, and Montgomery County, Alabama. The 105-certified bed Long-Term Care Home is located at:
3312 Woodley Rd.
Montgomery, AL 36116
(334) 288-2780
In addition to providing long-term skilled nursing care, the Sava Senior Care-affiliated also offers rehabilitation care, respiratory therapy, IV therapy, dementia care and bariatric care.
Both the state of Alabama and federal nursing home regulators have the legal authority to issue monetary penalties to statewide nursing facilities identified with serious deficiencies. Over the last three years, Woodley Manor Health and Rehabilitation Center has received two federally-initiated penalties including a $13,813 fine on May 21, 2015, and a $329,030 fine on May 7, 2016.
Also, Medicare denied making a payment that was requested by the nursing home for services rendered on November 5, 2016, due to substandard care. In the last 36 months, the nursing home underwent an investigation of a formal complaint that resulted in a citation.
Both state and federal nursing home regulatory agencies routinely update the Medicare.gov website with current information on every facility in the United States. This data includes detailed information on safety concerns, incident inquiries, opened investigations, filed complaints, dangerous hazards, and health violations. Many individuals use this information to compare facilities in the community and determine what nursing home provides the highest level of care.
Currently, Woodley Manor Health & Rehabilitation Center (SFF) maintains a ‘much below average’ one out of five stars overall rating compared to all other facilities in the United States. This ranking includes one out of five stars for health inspections, three out of five stars for staffing, and three out of five stars for quality measures. Some of the major safety concerns and violations are listed below.
Failure to Ensure That Nursing Aides Have the Skills and Techniques to Care for Residents
In a summary statement of deficiencies dated April 27, 2017, the state investigator noted the facility’s failure to “ensure three Certified Nursing Assistants (CNAs) were provided Dementia Management Training each year.” This deficiency of the nursing facility “affected three of five training records reviewed and had the potential to affect [all 16 residents with dementia].”
The investigator reviewed the facility’s CNA Training Records which showed that three Certified Nursing Aides’ records “did not include documentation of any Dementia Management Training.” This deficiency was verified by the facility District Director of Clinical Services on April 27, 2017. These three CNAs “cared for a total of 16 residents with [dementia].”
Failure to Provide Care and Services in a Way That Keeps or Builds a Resident’s Dignity and Respect of Individuality
In a summary statement of deficiencies dated April 27, 2017, survey documents revealed a facility’s failure “to ensure a Certified Nursing Assistant (CNA) did not stand over [the resident] while feeding them supper meal on April 25, 2017.” The deficiency at the nursing facility “affected one resident… observed being fed by staff.”
Observations were made on April 25, 2017, for 5:45 PM until 6:07 PM of a CNA standing over a resident “while feeding the supper meal.” The CNA “was not at eye level with [the resident] and was reaching down toward the resident’s mouth to feed each bite. At 6:18 PM, [CNA] was observed coming down the hall with the chair. She stated she did not know she would have to be sitting to feed the resident but said someone told her she should for the resident’s dignity.”
The investigator reviewed the facility’s August 2012 Dining Management policy that reads in part:
“Staff assisting residents with eating should sit at the resident’s level (i.e.… staff should not stand while feeding residents).”
The facility’s Director of Nursing was interviewed on the late morning of April 26, 2017, saying “explain [that] staff should sit beside the resident when feeding them, not stand over them [and] also said staff should be at eye level to make the resident comfortable and for dignity reasons.”
Failure to Provide Cares and Services to Maintain a Resident’s Highest Level of Well-Being
In a summary statement of deficiencies dated April 27, 2017, it was noted that the facility had failed to “ensure staff monitor the amount of fluids provided to [a resident…] three times a week, to ensure the ordered amount was administered.” This deficient practice by the nursing staff “affected one resident.”
As a part of the investigation, the surveyor reviewed the resident’s Medication Administration Records for March and April 2017. The documents revealed a “fluids restriction of 1200 cc per day and a separate documentation for 1000 cc fluid restriction per day. On the Medication Administration Record for March 2017, both restrictions were marked as having been given.” The surveyor noted that the records “did not indicate any monitoring of the fluids [the resident] received or consumed each day.”
An observation was made of the resident during breakfast on April 26, 2017, who “was served two 8-ounce cups of coffee in a …glass of juice, for a total of 720 ccs of fluids provided with one meal. This [amount of fluids] exceeded [the resident’s] breakfast fluids allotment 460 ccs.”
The investigator interviewed the facility’s Director of Nursing that morning at 11:10 AM who “was asked who checks the physician’s orders.” The Director replied the third shift nurses pull the charts on a nightly basis and check the orders against the Medication Administration Records. When asked where the amount of fluid intakes or day was total for [the resident, the Director] stated she did not see a place where it was totaled.”
The investigator then “asked why the nurses would sign both fluid restrictions.” The Director “replied she didn’t know. When the nurse did a chart check, she didn’t take it off. When asked how the staff would be sure [the resident] was getting the correct amount of fluids, [the Director replied] she was going to start adding the amounts.”
Failure to Ensure That Every Resident Receives an Accurate Assessment by Qualified Health Professional
In a summary statement of deficiencies dated April 27, 2017, the surveyor noted that the facility had failed to “ensure [a resident’s] March 16, 2017, Quarterly Minimum Data Set (MDS) Assessment was accurately coded to reflect [the resident’s] three falls during the assessment period. Further, this assessment did not reflect [the resident’s] participation in a scheduled toileting program.” A review of the facility’s MDS Assessments revealed that the deficient practice by the nursing staff affected one resident.”
The investigator reviewed the resident’s Incontinence Care Plan revise on January 5, 2017, that stated to “Toilet before and after meals then every two hours after supper.” The facility’s Incident Report revealed that the resident had “sustained falls on January 4, 2017, January 8, 2017, and February 13, 2017. However, [a review of the resident’s] quarterly MDS assessment and with Assessment Reference Date of March 16, 2017, indicated [that the resident] had not sustained any falls since the prior assessment.”
The assessment also revealed that the resident “was not in the Bladder or Bowel Toileting Program. As a part of the investigation, the surveyor interviewed the MDS Coordinator on April 26, 2017, who stated that the resident “was Care Planned to be toileted before and after meals, then every two hours after supper [and that this] would be considered a toileting program.” The Coordinator “said the assessment was not coded to reflect the program [and] said it was incorrect due to a data entry error.”
The state investigator asked the Coordinator “what the MDS assessment showed related to falls.” The Coordinator responded that “it did not indicate [the resident] had any falls [but then stated that the resident’s] falls on January 4, 2017, January 8, 2017, and February 13, 2017, should have been reflected on the assessment but were missed.” The Coordinator “explained it was important for the MDS to be accurate, so it provided an accurate picture of the resident.”
If you, or loved one, were injured through the abuse or neglect while a resident in any nursing facility, including Woodley Manor Health and Rehabilitation Center, you have the legal right to seek financial compensation for your damages. Consider hiring a personal injury attorney who specializes in mistreatment, neglect and abuse cases. With legal representation, you can be assured that all the documents and paperwork are filed in the appropriate courthouse before the Alabama statute of limitations expires.
Like all personal injury, wrongful death and medical malpractice cases, your compensation claim can be handled through a contingency fee agreement. This contractual arrangement between you and your attorney provides immediate legal representation, counsel, and advice while postponing payment for services until after the cases successfully resolved.
Attorney Brian Murphy
Licensed in Alabama
Montgomery Nursing Home Injury Attorney Nursing Home Law Center LLC Home