According to recent data obtained by Kentuckians for Nursing Home Reform, via Open Records Request, among the 109 nursing homes facilities of Kentucky that were inspected by state inspectors during the third quarter of last year, up to 20% of nursing homes were determined to have 10 or more deficiencies. This data is the latest information available relating to nursing home inspections conducted in the Commonwealth of Kentucky. Routine inspections of nursing homes are made about once a year. A federal website discloses that the average number of deficiencies for nursing homes in Kentucky is six.

This latest report revealed that 42 nursing homes in the Commonwealth had more than six deficiencies. Among the 20 nursing homes that were inspected in 2010 and reported to have 10 to 20 deficiencies are:

·     Christopher East Health Care Center, Louisville
·     Hurstbourne Care Centre at Stony Brook, Louisville
·     Bluegrass Care and Rehabilitation Center, Lexington
·     Lexington Country Place, Lexington
·     Breckinridge Memorial Nursing Facility, Hardinsburg
·     Sunrise Manor Nursing and Rehabilitation Center, Somerset
·     Parkview Nursing and Rehabilitation Center, Pikeville
·     Pineville Community Hospital, Pineville
·     Green Valley Health & Rehabilitation Center, Carrollton
·     Glasgow Health & Rehabilitation Center, Glasgow

These inspections that report deficiencies are required for a nursing home facility that participates in the Medicare and Medicaid programs. To be certified, the nursing home must meet certain requirements, as set by Congress. The Centers for Medicare and Medicaid Services (CMS) entered an agreement with state governments to do health inspections & fire safety inspections of these nursing homes & to investigate complaints about nursing home care.

At all times, certified nursing homes must meet over 180 regulatory standards, which are designed to protect nursing home residents. These standards cover a wide range of topics that range from proper management of medications, protecting residents from physical or mental abuse and inadequate care, to the safe storage and preparation of food. The health inspection team consists of trained inspectors, including at least one registered nurse. These inspections take place, on average, about once a year, but may be done more often if the nursing home is reportedly performing poorly. Using the regulatory standards, the state inspection team looks at many aspects of life in the nursing home, including the following:

    •    The care of residents and the processes used to give that care
    •    How the staff and residents interact
    •    The nursing home environment

Further, inspectors review the residents’ clinical records, interview some residents and family members about their life in the nursing home; and often conduct interviews of the caregivers and nursing home administrative staff. States record all the information they find during an inspection in a detailed inspection report which, in some cases, may be well over 100 pages. When the state finds a deficiency, it records the specific reasons for the deficiency in the inspection report.

The inspections measure whether the nursing home meets certain "minimum" standards. When an inspection team finds that a nursing home doesn’t meet a specific standard, it issues a deficiency citation. Depending on the problem, the law permits Medicare to take a variety of actions. For example, Medicare may assess a fine, deny payment to the nursing home, assign a temporary manager, or install a state monitor. When Medicare takes an enforcement action, it considers how much harm was caused or could be caused when the nursing home fails to meet a standard. If the nursing home doesn’t correct its problems, Medicare ends or terminates its agreement with the nursing home. When the nursing home is no longer certified to provide and be paid for care to people with Medicare and Medicaid, then residents with Medicare or Medicaid living in the home at the time of the termination are moved to certified nursing homes.

Unfortunately, nursing home neglect, abuse of elders, and unreported or undetectable injuries occur more frequently than we could ever imagine. If you suspect that a family member, or someone you care about, may have sufffered injuries or death due to improper care at a nursing home facility or assisted living and rehabilitation center, then you should contact our law firm immediately for answers to your questions and to schedule your free legal consultation.

Gray and White Law has helped many Kentucky families whose loved ones were the victims of nursing home negligence. Compensation may be available to an elderly or incapacitated victim who suffered a serious injury due to nursing home abuse or neglect. For help with your Kentucky nursing home abuse claim, simply contact our experienced team of injury lawyers at any time by confidential e-mail or by toll-free call at 1-888-450-4456.
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