Delaware Resolves Allegations Against Nursing Home for Providing Substandard and Worthless Care to Residents
The attorney general for Delaware recently announced that an agreement had been reached between the State and a Delaware nursing home to settle allegations of providing substandard quality of care to its residents.
From 2011 through 2017, the owner and administrators of the privately owned for-profit intermediate care nursing home were accused of the following: providing substandard and worthless services to its residents; inaccurately reporting clinical conditions of certain residents; failing to provide adequate staffing to deliver residents’ care; and failing to prevent harm to residents.
Specific incidents cited were the persistent failure to provide adequate nursing care that included such things as inadequate supervision to prevent falls, fractures and significant injuries; not meeting the daily care hours per resident; not providing prescribed medications; not controlling temperature of hot liquids, and improperly treating burns that resulted from those hot liquids; not maintaining hygiene standards; not maintaining effective fall prevention strategies; not ensuring an environment that was free of accident hazards; and creating incorrect care plans for the residents.
The owner and the nursing home have agreed to pay $381,000 to settle the case. Of that amount, $175,000 will go to the Division of Medicaid and Medical Assistance within the Department of Health and Social Services. The remainder of the settlement will be reinvested by the owner into capital improvements for the facility to enhance residents’ care. The nursing home will also be subject to a two-year Corporate Integrity Agreement requiring extensive compliance obligations by the owner and the management.
Compliance Perspective
Persistent failure to develop and implement a comprehensive Compliance and Ethics Program that adheres to state and federal regulations governing a nursing home may result in multiple violations, placing residents in immediate jeopardy for harm, and be considered provision of substandard quality of care, violating state and federal regulations. This may result in fines and/or loss of eligibility for Medicare and Medicaid reimbursement.
Discussion Points:
- Review policies and procedures regarding provision of quality care along with any court-ordered Corporate Integrity Agreement in order to ensure the implementation of the requirements of that agreement.
- Train staff regarding the aspects of providing quality care and the importance of reporting any incidents of failure to provide such care to their supervisor or through the Hotline.
- Periodically audit staffing levels to determine if the number and competency of staff are sufficient to provide the care needed for all the residents in the facility.
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