Friday, June 21, 2013

National Alzheimer’s Project Act: Expectations of Care for Residents With Alzheimer’s Disease

            Nearly half (48%) of nursing home residents have Alzheimer’s disease.1  In more than 90 percent of people with Alzheimer’s disease, symptoms do not appear until after age 60 and the incidence of the disease increases with age.2  Skilled nursing home facilities are expected to provide care for residents who are battling this disease and meet the individualized standards of the families of the residents.
On January 4, 2011, the Department of Health and Human Services established the National Alzheimer’s Project Act.  NAPA is a national plan implemented to overcome Alzheimer’s disease, coordinate research, accelerate treatments that would prevent, halt, or reverse the course of Alzheimer’s disease, improve early diagnosis and treatment, improve outcomes for minority populations that are also at higher risk for the disease, and coordinate with international bodies to fight Alzheimer’s globally.3  The Obama Administration announced on February 7, 2012, a $156 million investment to tackle Alzheimer’s disease, which will be used to sustain research and support individuals and families affected by the disease.
Goal 2 of NAPA, to “Enhance Care Quality and Efficiency”, directly influences the expectations of nursing home facilities.  Action 2.A.4, to “Strengthen the direct care workforce”, was completed this year.  HHS strengthened the ability of nursing home direct care workforce to provide high-quality, person-centered care for people with AD through enhanced training.4  A series of videos, “Hand in Hand,” were developed and distributed to every nursing home in the country.5  The Center for Medicare & Medicaid Services created the videos to ensure nursing aides and other care staff receive regular training on the care of persons with dementia and to emphasize person-centered care for these residents.6
Goal 3 of NAPA is to “Expand Supports for People with Alzheimer’s Disease and Their Families.”7 The Department of Health and Services recognizes that AD strains families emotionally and physically. The intensive support required for a person with AD can negatively impact a caregiver’s well-being.  Action 3.B.2, to “Identify and disseminate best practices for caregiver assessment and referral through the long-term services and supports system”, was also completed this past year.8  The Administration on Aging partnered with the National Family Caregiver Alliance to create Selected Caregiver Assessment Measures (2nd Edition): A Resource Inventory for Practitioners. http://caregiver.org/caregiver/jsp/content/pdfs/SelCGAssmtMeas_ResInv_FINAL_12.10.12.pdf. The manual identifies caregiver assessments, perceived challenges for caregivers of certain persons, expected skills and knowledge of caregivers of persons with Alzheimer’s Disease, and resources for caregiver’s to use, including nursing home support as well as the stressors of nursing homes.9
As the number of people with Alzheimer’s Disease grows over the next two decades, this disease will place a major strain on health care facilities as well as on Medicare and Medicaid, the major funders of this care.  Holding nursing home care facilities to the standards laid out in NAPA is significant.  NAPA provides the guidelines skilled nursing facilities are expected to follow and may inform your decision when choosing a home for your loved one.


1. Magaziner J, German P, Zimmerman SI, Hebel JR, Burton L, Gruber-Baldini AL, May C, Kittner
S. The prevalence of dementia in a statewide sample of new nursing home admissions aged 65 and older. Gerontol. 2000; 43(4): 514-520.
2. National Plan to Address Alzheimer’s Disease: 2013 Update, page 7
3. Id. at 8
4. Id. at 18
6. NAPA at 18
7. Id. at 27
8. Id at 28
9. Selected Caregiver Assessment Measures: A resource Inventory for Practitioners: December 2012, Index 


Thursday, June 20, 2013

Understanding Rights of Residents in Long Term Care Facilities

Long term care facility residents are, by State and Federal law, guaranteed certain rights, protections and privileges. Title 42 Code of Federal Regulations §483.10 states that residents of long term care facilities are entitled, by law, to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility.  Title 42 Code of Federal Regulations §483.10(a)(2) entitles nursing home residents to be free of interference, coercion, discrimination, and reprisal from nursing home facilities in exercising their own rights.  Unfortunately, these rights are frequently disregarded by staff and facility directors.  Understanding the rights of your loved one is the first step towards protecting these rights and their safety.
Because nursing home care requires constant communication between and among nurses and doctors, abusive behavior often goes unnoticed.  A nurse or CNA who is assigned to bathe 10 residents may only take the time to bathe 5 residents, and, when his or her shift is over, leave the remaining 5 for the next nurse to bathe.  If the next nurse or CNA is not aware of this responsibility, those remaining 5 residents are left without proper hygienic care indefinitely.  This lack of communication happens frequently, without consequences, and at the expense of a resident’s dignity.  Many staff members of nursing home facilities will dismiss a residents’ right to self-determination.  A staff member may decide to place a call light out of reach of a resident, who requires constant supervision, so that the resident does not interrupt a lunch break.  As a result, that resident has been stripped of the right to determine his or her daily activities.  Without access to the call light, the resident cannot ask for water, a pillow, assistance to the restroom, to participate in social activities, etc. A resident's voice is left unheard.
Being educated about the rights of your loved one is one way to prevent opportunities for abuse and neglect.  Illinois' Long Term Care Ombudsman Program gives advice on how to address concerns about the care a nursing home facility provides.  In addition, the Assisted living Federation of America (http://www.alfa.org/ElderAbuse), the Administration on Aging (http://www.aoa.gov/AoA_programs/Elder_Rights/EA_Prevention/weaad.aspx), and the National Committee for Prevention of Elder Abuse (http://www.preventelderabuse.org/elderabuse/are committed towards preventing elder abuse, raising awareness, and giving voice to our elder community.

Monday, June 10, 2013

Nursing Home Failed to Report the Negligence of It's Employees


A nursing home in Wood River, Illinois was accused of failing to act on the part of its employees, resulting in the death of a patient. The estate of this former resident has filed suit against the nursing home following the former resident’s death.

The suit claims: the nursing home failed to make sure that its residents were safe, failed to report the negligence of its employees, along with a number of other assertions related to the wrongdoing and misconduct of the nursing home and its employees. The defendants include the nursing home owners, a doctor, a nurse practitioner, and three affiliated corporations. The deceased was admitted to the nursing home after receiving treatment for a surgery. Blood results were sent to the nursing home, yet there is no record of the results being received or delivered. A day after the results were sent, the nursing home resident was transferred to a local hospital where doctors diagnosed the patient with increased swelling and shortness of breath. When the patient was transferred back to the nursing home two days later, the patient was immediately remitted to the hospital where doctors diagnosed the patient with generalized edema, respiratory distress, and congestive heart failure. 

An independent doctor hired to review the records noted in a signed statement that he believes there is a case against the defendants. He stated that the practicing doctor made note of patients swelling in the legs, but failed to mention it in an assessment and plan section of a report. In addition, he stated that the doctor and nurse practitioner failed to order a work-up – thorough medical diagnostic study – to investigate the cause of the increasing swelling. The reviewing doctor also noted that the patient was not referred to a specialist, and that no further progress notes were made. An interesting part of the suit is the failure of the nursing home employees to acknowledge blood work results that were sent to the home; these results indicated low serum sodium levels. Low serum sodium levels are associated with what is known as hyponatremia, an electrolyte disturbance in which the sodium ion concentration in the serum is lower than normal.[1] The doctor’s at the hospital diagnosed the patient with generalized edema, respiratory distress, congestive heart failure, and signs of liver failure. Many medical illnesses, such as congestive heart failure and cirrhosis of the liver, are associated with hyponatremia.[2] There may be an underlying correlation between the patient’s medical illnesses, the death, and the nursing home employee’s failure to look into the patient’s blood results. According to the Illinois Department of Public Health, the nursing home in question has had prior nursing home violations. In 2007, the nursing home was sent a notice of Type “A” Violation.[3] Under the Illinois Nursing Home Care Act, a Type “A” violation is a violation thereunder which creates a condition or occurrence relating to the operation and maintenance of a facility that (i) creates a substantial probability that the risk of death or serious mental or physical harm to a resident will result therefrom or (ii) has resulted in actual physical or mental harm to a resident. Then in 2011, the nursing home was sent a notice of Type “Repeat B & B” Violations.[4] A Type “B” violation as defined under the Illinois Nursing Home Care Act means a violation which creates a condition or occurrence relating to the operation and maintenance of a facility that is more likely than not to cause more than minimal physical or mental harm to a resident. [5] These two violations could further add to the credibility of these claims. Nursing home violations are public information that can be accessed through the Illinois Department of Health’s website: http://www.idph.state.il.us/about/nursing_home_violations/quarterlyreports.htm.
The article that this post review came from The Telegraph. The original article was written by Sandford J. Schmidt on Monday, June 10, 2013. It can be found at http://www.thetelegraph.com/news/local/article_7e1e8168-d16e-11e2-b1da-001a4bcf6878.html

If you suspect your loved one is being neglected or abused in a nursing home, call us today at (800) 594-7433 or visit out website


[1] Hyponatremia. MayoClinic.com. Retrieved 2013-06-10.
[2] Mange K, Matsuura D, Cizman B, et al. (November 1997). “Language Guiding Therapy: The Case of Dehydration Versus Volume Depletion”. Ann. Intern. Med. 127 )9) 848-53. PMID 9382413.