Massachusetts AG Announces Series of Settlements with Seven Nursing Homes
Failure to have and follow adequate policies and procedures designed to guide provision of the level of care needed by residents may result in charges of abuse, neglect, and substandard quality of care, resulting in the submission of false claims.
Compliance Perspective – Policies and Procedures
Policies/Procedures: The Compliance and Ethics Officer, with the Administrator and Director of Nursing, will review policies and procedures guiding the provision of quality care for residents to ensure they are current, comprehensive, and address the needs of residents admitted to the facility.
Training: The Compliance and Ethics Officer, with the Director of Nursing, will ensure that staff are trained and competent in following the policies, procedures, and protocols designed to provide the quality of care residents require.
Audit: The Compliance and Ethics Officer with the Director of Nursing should personally conduct audits of staff performance to discover if they are competent in applying the policies and procedures that guide specific areas of the provision of care.
Investigations by the Massachusetts Attorney General’s Office uncovered what was described as broad and systematic failures that directly led to the death, injury, or potential injury of nursing home residents.
The largest assessment resulting from the findings was $180,000, and involved allegations that a facility failed to adequately train staff on how to treat residents with histories of substance use disorder or to administer naloxone. The facility also failed to have adequate policies or procedures to treat residents with histories of substance use disorders. Along with the financial assessment, the facility is required to pay for an independent compliance monitor who will oversee a 3-year compliance program, implement annual training programs, update policies and procedures, and conduct annual audits.
Failing to install updated, federally-compliant bed side rails led to the death of one resident and serious injury to another. This failure was the basis for one facility’s $85,000 assessment. Another facility settled allegations regarding a fall from a mechanical lift operated by only one CNA and miscommunication of the x-ray results to the resident’s physician, which caused a delay in care. Yet another allegation claimed that staff failed to attempt to resuscitate a resident who became non-responsive during feeding, and then failed to report the death to the DPH.
One facility will pay $37,500 to resolve allegations that it
failed to implement necessary interventions after a resident fell nineteen times
and then died after a twentieth fall. Still another facility will pay $40,000
related to allegations that a resident with a history of elopement was able to
leave the facility’s secure unit through multiple unlocked doors.
Along with the settlement payments, many of the
facilities are required to implement 3-year compliance programs that include
updated policies and procedures, annual training programs, and yearly audits, with
the results to be reported to the Attorney General’s office.
