Elder Law attorney Robert Friedman discusses federal and state enforcement to protect nursing home residents.
Good Morning. I am Bob Friedman attorney with Friedman & Ranzenhofer, PC. Welcome to the September 25th , 2020 edition of the Legal Survival Channel: Today’s Legal News You Can Use.
The Long Term Care Community Coalition (LTCCC) collects information on nursing home enforcement actions across New York State on a regular basis. On September 17, 2020 they released their latest compilation of sanctions for substandard care, resident abuse, and fraud for nursing homes in 2019. Enforcement data is available in user-friendly excel files.
- Federal Sanctions. Federal Civil Money Penalties (CMPs) were levied against 37 NYS nursing homes totaling $1.12 million in 2019. CMPs are imposed when there is generally a significant failure to meet minimum standards for operating a nursing home. Federal CMPs ranged from $6,893 against The Five Towns Premier Rehabilitation & Nursing Center in Woodmere, NY to $115,388 for Utica Rehabilitation & Nursing Center in Utica, NY.
- New York State Sanctions. The NYS Department of Health (DOH) is chiefly responsible for ensuring nursing home safety and quality through annual facility inspections and complaint investigations. State fines were administered to 47 nursing homes totaling $381,000. Pontiac Nursing Home Oswego received the highest fine at $20,000.
- Medicaid Fraud Criminal & Civil Cases. The NY State Medicaid Fraud Control Unit (MFCU) prosecutes cases of resident abuse and fraud. In 2019, the MFCU’s 35 cases included physical abuse of residents, drug theft, covering up a violation that led to a resident’s head injury, and sharing a photo of a deceased resident on Snapchat.
- Office of the Medicaid Inspector General Actions. The Office of the Medicaid Inspector General (OMIG) took action against 41 defendants in 39 cases in 2019. The cases involved drug theft, assault of a resident, and systematic understaffing that endangered residents.
More information on enforcement, staffing, antipsychotic drugging, and other important nursing home data is available at the NursingHome411 Data Center.
If you have questions about the legal rights of NY nursing home residents, contact the Elder Law attorneys at Friedman & Ranzenhofer, PC at 716.542.5444.
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