Nursing Home Abuse Advocate : Idaho Nursing Home Abuse Lawyers & Attorneys : Kormanik Hallam & Sneed Law Firm : ID Assisted Living Neglect, Nursing Home Injuries : Boise, Nampa, Caldwell

Last week, I made the argument that Idaho nursing homes should voluntarily post their Medicare "Five Star" ratings. California has enacted a law requiring facilities to post these ratings, it was my hope that Idaho facilities would voluntarily do so. Since making my argument, I have done some research on Medicare's ratings for Idaho facilities. All I can say is "shame" to many of the facilities in Idaho. It is no wonder facilities in our fair state do not voluntarily inform the public about their Medicare "Five Star" ratings; in many cases, those ratings are nothing short of dismal.

According to Medicare's website:

• 79 nursing home facilities in Idaho;
• 77 nursing home facilities with ratings;
• 14 nursing home facilities have Medicare's highest rating - 5 stars;
• 13 nursing home facilities (17 % of those with ratings) have Medicare's lowest "much below average" rating - 1 star;
• 13 nursing home facilities (17% of those with ratings) have a "below average" rating - 2 stars.

To the facilities with 5 star ratings I say: Keep up the good work. To those facilities with ratings of 2 stars or below, a shocking 34% of facilities in Idaho, I say: Shame on you. Why would a knowledgeable person voluntarily put themselves or a loved one in your care?

Please, before you make a decision on which nursing home is right for you, do your homework. Check the Medicare "Nursing Home Compare" website. Use the other resources available to you. Remember, knowledge is power - the power to choose a safe environment and the power to hold nursing homes accountable for their poor performance before you or a loved one becomes a victim.

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In a previous post entitled "Reliable Internet Resources For Choosing A Nursing Home," I linked to Medicare's "Nursing Home Compare" website. Through the Nursing Home Compare website, you can access and view a facility's "Five Star" rating. According the Medicare:

"The Five-Star Quality Rating System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions. This rating system is based on continued efforts as a result of the Omnibus Reconciliation Act of 1987 (OBRA '87), a nursing home reform law, and more recent quality improvement campaigns such as the Advancing Excellence in America’s Nursing Homes, a coalition of consumers, health care providers, and nursing home professionals."

From the link I posted, it takes approximately five (5) "clicks" to get to the faciilty's rating. Shouldn't it be easier than having to go through Medicare's website to find a facility's Five Star rating? The folks in California think so. That is why a new law was passed that requires nursing home facilities, beginning in January 2011, to post their rating. According to Los Angeles County Supervisor Michael Antonovich: "This posting system provides vital information for families to make informed decisions about the care for their loved ones and provides incentives for nursing homes operators to establish and maintain high-quality standards of care and compliance."

Now, I'm generally not in favor of more laws. There are, of course, exceptions to every rule. You have to wonder why nursing homes would not voluntarily post their Five Star ratings. After all, aren't they something to be proud of? If not, why isn't the facility doing something to "fix" the problems it has?

Come on, Idaho nursing homes, do you need a law requiring you to post your ratings or will you do the right thing for your potential residents and conspicuously post your Medicare ratings for all to see? Don't you want to provide this information to those shopping for the best nursing home around? Really, what do you have to hide?

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In a previous post entitled "Yes, Elder Abuse Happens...Even In Idaho," I relayed the story of Verda Nicks and her untimely and tragic death. Ms. Nicks' twin sons, age 55, are charged with felonies alleging they subjected Ms. Nicks to abuse and neglect.

The day after my post, the Idaho AARP issued a press release letting all of us know the signs of Elder Abuse. The AARP's list contains important information for you to be aware of. According to the AARP, the following are signs of elder abuse:

• Unexplained bruises or other injuries.
• Sudden change in behavior.
• Caregiver's refusal to allow visitors.
• Elder is extremely upset, withdrawn, unresponsive; other unusual behavior.
• Dehydration, malnutrition, untreated bed sores, weight loss.
• Unattended health problems or lack of necessary aids, such as eyeglasses or dentures.
• Unsanitary living conditions (lice, soiled bedding).
• Inadequate clothing; no heat or running water.
• Unexplained bank withdrawals, unauthorized use of a credit or ATM card, stolen or "misplaced" cards or checkbook.
• Checks written as a "loan" or "gift."
• Abrupt changes in a will or other documents.

These warning signs apply whether an elderly person is in the community, an assisted living facility or a nursing home.

If you observe any of these warning signs, or if your "gut" tells you an elderly family member, friend or neighbor is being abused, you should call Adult Protective Services at (877) 471-2777 and the local police; in an emergency, call 911.  If you observe the signs in an assisted living facility or nursing home, report your concerns immediately to the facility's management and call the Idaho Ombusdman at (208) 334-3833.

Of course, you will not see any of these warning signs if you do not take the time to check in on an elderly family member, friend or neighbor. I know we are all busy but, honestly, are we so busy that we do not have a few moments to pick up the phone and place a call or walk to an elderly neighbor's house to check on them? We have all heard the expression "it takes a village to raise a child." In fact, it also takes a village to ensure our elderly citizens are properly cared for and not subject to abuse and neglect. Take the time and make the effort, you could be saving someone's life.

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As part of my work on behalf of nursing home and assisted living facility residents, and in part because of my work on this blog, I am constantly updated on news stories concerning elder, nursing home and assisted living facility abuse. Typically, the stories I read are from such far flung regions as Illinois, Florida and New York. Although I certainly take no pleasure in any of these stories, I am "glad" these tragedies are not occurring in my back yard. Unfortunately, a story in today's Idaho Statesman concerning elder abuse is in my back yard. That the abuse did not occur in a nursing home or assisted living facility matters naught. It is a tragedy.

The story by the Idaho Statesman's Kristin Rodine is about the death of Verda Nicks, who died on December 26, 2009. Six weeks earlier, Ms. Nicks was found in a "garbage-and feces-filled home." She was found because of the caring actions of a friend, who had been unable to contact Ms. Nicks by telephone for several weeks. Although Ms. Nicks told authorities she was caring for herself, the Canyon County Prosecutor, John Bujak, has evidence that Ms. Nicks' twin sons, Danny and David Nicks were, in fact, providing care for their now-deceased mother. Mr. Bujak has charged the sons with felony abuse or neglect of a vulnerable adult, a crime which carries a sentence of up to 10 years in prison and a $25,000.00 fine.

According to the article, and based on information provided by Ms. Nicks' sons, Ms. Nicks had been bedridden for about two years since breaking her hip. This was the second time Ms. Nicks had done so. The first time, she entered a nursing home. Apparently, again according to the sons, Ms. Nicks did not want to go back to the nursing home after she broke her hip the second time.

Under our system of justice, the sons are presumed innocent until proven guilty; this story is just beginning. Whether or not the sons are ever convicted, this story does provide a cautionary tale for those of us with elderly parents. If you parent is injured, make certain you can, in fact, provide the care that is necessary. If you cannot, help them, with input from qualified health care providers, find a facility that meets their needs. There is no shame in admitting you cannot provide the care y our loved one needs.

If the sons are indeed telling the truth when they say Ms. Nicks did not want to return to a nursing home after breaking her hip the second time, this fact also makes me wonder. What kind of experience did Ms. Nicks have during her first nursing home stay that resulted in this thinking? Unfortunately, at this point, we will likely never know.

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