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The attorneys at Gallivan & Gallivan provide effective, aggressive representation to individuals injured in the New York area. Our priority is to maximize the recovery of our clients injured due to the neglect of others.

Elderly New Yorkers should carefully examine a nursing home’s finances before making their final decision, according to The New York Times. While full-blown insolvencies are rare, a poorly-run nursing home can offer a “bait-and-switch” type of scheme that lures the elderly in with its low costs, only to reduce services and increase costs in the years to come. According to the newspaper, elderly residents looking to join nursing homes or retirement communities with “joining” or entrance fees should be especially diligent about researching the finances of their facilities. These introductory fees, which can range between several hundred thousand to over a million, will not be returned if the nursing home fails to deliver services or increases its fees in the years, or decades down the road.

With little government regulation on the finances of these of retirement homes or retirement communities, potential residents must perform their own due diligence to ensure their future is safe and secure. This research can be performed by utilizing websites, such as Carf.org or MyLifeSite.net. However, these websites offering information about the finances of nursing homes usually charge a fee.

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A recent report released by Kaiser Health News shines a light on the diminished quality of care received by many senior citizens at for-profit nursing homes. The Kaiser Health study found that the average for-profit nursing home receives twice as many complaints by its residents and their families. Further, the research group also found that:

For-profit nursing home chains had an average of 8 percent fewer nurses per residents when compared to independent nursing homes.  Nursing homes that operated for a profit received almost twice as many validated complaints.  For-profit nursing homes received 22 percent more fines, and the fines levied against them were 7 percent higher.

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Mirroring national trends, elderly Americans are beginning to use more addictive prescription drugs. In a report by the New York Times, the number of prescriptions for benzodiazepines, a class of anxiety drugs which includes Xanax and opioids have markedly increased in the last couple decades. Not only do these addictive drugs have serious side effects, they can be deadly to the user, sometimes even when taken as prescribed.

According to the newspaper, the number of benzodiazepine prescriptions for Americans over the age of 65 increased 8.7 percent between 2003 and 2010, the year with the most recent data available. A 2008 study indicated that about 9 percent of adults between 65 and 80 took one of these anti-anxiety drugs. The Centers for Disease Control (CDC) paints an even more ominous picture of the problem – the number of deaths caused by benzodiazepines in Americans over the age of 65 rose from 63 deaths in 1999 to 431 in 2015. In 1999, opioids were a contributing cause of 29 percent of these deaths. A mere fifteen years later, opioid drugs now contribute to two-thirds of deaths caused by benzodiazepines.

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A recent report by the Centers for Medicare and Medicaid Services (CMS) found that individuals with mental health or behavioral problems are more likely to be denied access to higher-quality nursing homes throughout the country. The study relied on data from 3.7 million admissions in 15,600 facilities across the country and found that, while elderly Americans with any type of mental health problem faced more difficulty, those diagnosed with more severe illnesses faced even longer odds of admittance. According to healthcare analysts, this is likely a combination of concerns surrounding individuals with mental health problems and a lack of high-quality nursing homes in lower-income areas, which are more likely to have senior citizens with mental health challenges.

CMS assigns a “grade” to each nursing home based on the number of staff at each facility relative to the number of residents, quality benchmarks and the results of health inspections. CMS then assigns a set number of stars to the facility representing its quality, with a one-star facility providing the lowest quality care and a five-star facility providing the highest.

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antipsyhotic-and-elderlyBetween 2013 and 2017, the Northern Manor Geriatric Center in Rockland County, New York received more than double the average number of citations by the New York Department of Health, the entity responsible for performing yearly inspections at all nursing homes in the state.  Compared to the statewide average of 34 citations- relating to either standard health or life safety violations – Northern Manor Geriatric Center received 73 citations by the government agency. Of these 73 citations, two were related to “actual harm or immediate jeopardy” – the most serious of violations issued by New York State.

The following are some of the most serious or most recent violations found by the New York State Department of Health: Continue reading

nursing-home-1-300x137Bayberry Nursing Home in New Rochelle, New York received 19 citations for violating New York laws on protecting nursing home residents and ensuring their safety over the previous four years. In the last year alone, the Westchester nursing home received five citations, three of which were categorized as “moderately severe” violations. These are the violations found by the New York State Department of Health in just the previous year:

1. The nursing home had a medication error rate over 5 percent. Under Section 483.25(m)(1) of the Federal Code, a nursing home may not have a medication error rate of over 5 percent. A medication error can include an improperly prescribed medication or an improperly administered medication – typically a prescription drug given at the wrong time, in the wrong dosage, or even a wrong drug altogether. The two examples found in this Westchester nursing home include a patient who received a medication without the extended release coating prescribed by their doctor and a patient who received a dosage of B12 that was 10 times stronger (1,000 mcg) than prescribed (100 mcg). When the resident nurse in the second instance was questioned about the stronger dose, she admitted the resident had been receiving the higher, incorrect dosage for a long period of time.  The consequences of medication errors can be catastrophic. Continue reading

gavel-bed-300x199The Martine Center for Rehabilitation and Nursing, previously the Schnurmacher Center, in White Plains, New York received 60 complaints and 15 citations for violating New York and federal law, according to the New York State Department of Health. The Department of Health inspects each nursing home facility in the state every 9 to 15 months and publishes the results of these inspections. According to the state health care agency, the nursing home violated the following state or federal regulations on nursing home safety:

1. The nursing home did not perform criminal background checks on all of its employees. Under Section 402.6(b) of the New York Code, nursing homes must run a criminal history background check on all of its employees who come in contact with its residents. This includes completing a form and submitting two sets of the employee’s fingerprints to the Department of Health. The health inspector found that the nursing home violated this provision by forgoing a criminal background check on an employee who had direct contact with nursing home residents. Continue reading

resident-left-in-empty-hallOver the previous four years, the United Hebrew Geriatric Center in Westchester County received 22 citations for violating New York law on nursing home safety. The violations were all categorized as “moderately severe”, according to the New York Department of Health.

While the quality of care received by patients at the facility was higher in some areas of treatment compared to the rest of New York state, the facility scored below the state average in the number of residents who experienced a major fall (2.3 percent) and the percent of residents whose ability to move independently worsened during their long-term stay (14.4 percent). Further, according to the New York State Department of Health, 2.1 percent of nursing home residents received a diagnosis of pressure ulcers, or bed sores – a largely preventable type of harm.

According to the state’s inspectors, the following laws and regulations were violated by the United Hebrew Geriatric Center in the last several years: Continue reading

According to a recent report released by the Centers for Medicare and Medicaid Services (CMS), almost 16 percent of residents at long-term nursing homes are being treated with antipsychotic medications. While down from 24 percent in 2011, the CMS report and many doctors question the efficacy and necessity of these powerful mind-altering medications. According to the report, decreases in antipsychotic usage were seen across all fifty states, with New York seeing one of the smallest reductions.

antipsyhotic-and-elderlyThe majority of elderly residents receiving the antipsychotic medicine are diagnosed with dementia. Antipsychotic drugs, such as Abilify, Seroquel, Risperdal, and Zyprexa, have not been proven to treat dementia, nor have these drugs been shown to reduce the symptoms of dementia. In some instances, antipsychotic medication can also cause serious side effects for the senior citizens who have been prescribed these drugs. In addition to a higher rate of death, antipsychotic drugs also increase the risk of cardiovascular disease and slip and fall accidents. Consequently, medical associations and patient advocacy groups believe the number of dementia patients taking antipsychotics should be closer to zero. Continue reading

wallet-300x225The Attorney General’s Office in New York announced the indictment of two Brooklyn men for running a massive scheme to defraud Medicare and Medicaid recipients from healthcare clinics in the Bronx and Manhattan. According to the Attorney General, Tea Kaganovich and Ramazi Mitiashvili, operated three separate companies, Sophisticated Imaging, Inc., East Coast Diagnosists and East West Management, for the sole purpose of defrauding the federal health care system meant to care for the poor and elderly. The Brooklyn men apparently defrauded the government in the amount of $8 million dollars, often to the harm of actual New York residents who looked to the companies to treat their healthcare problems.

The clinics were located at 2423 Adam Clayton Powell Boulevard in Manhattan and 2781 Webster Avenue in the Bronx. Responding to the charges, Attorney General Eric Schneiderman said, “Medicaid is meant to be a healthcare safety net for New Yorkers, not a bank account for criminals.” Continue reading

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