Nursing-Home Abuse Is Worse Than Ever

NURSING-home residents trapped in wheelchairs with floodwaters rising to their waists — the photo of Hurricane Harvey everyone’s seen. But even where the weather’s fine, nursing-home residents are in danger. An alert issued Monday by the inspector general for the Department of Health and Human Services calls for urgent action. It cites incidents in 33 states where residents were rushed to emergency rooms because of rape, broken bones or severe neglect. The IG warned families to “visit your loved ones often” and “report potential cases of abuse or neglect to your local police.”

One out of every three Baby Boomers will at some point need a nursing home. Not necessarily for permanent living. Many will go for rehab after heart surgery or an orthopedic repair, never thinking the stay could turn deadly.

Robert Pineda, a New Mexico accountant, had surgery on his injured knee, then went to a rehab near the hospital. Inadequate care led to a bed sore, which became infected, requiring several surgeries, landing him on dialysis and a ventilator. He was taken off life support one week before his 69th birthday.

Here in New York, Lana Chmielewski said her mother spent “11 days of hell” at James Square Health and Rehabilitation Centre in Syracuse. She developed bed sores and an infection, forcing her back to the hospital, where she died four days later.

James Square replaced its administrator with Stan Wojciechowski, who wrote in July that “The James Square Quality Assurance Committee is actively reviewing policies and procedures, as well as care issues, to assure we are consistent with best practices for quality performance improvement.”

Part of the problem is that when hospital patients are told they need to go to rehab, instead of straight home, the hospital hands them a list of facilities.

Beware. Some facilities have five-star ratings from Medicare, but others have only one or two stars, meaning substandard care. Hospital staff don’t tell you that.

Laura Rees took her 88-year-old mother to a facility on the top of the list, clueless it had only one star. Three weeks later, according to the California judge who ruled in the case, Laura’s mother was left to “drown in what appeared to be her own excrement.”

What can families do? Complaining to the facility usually elicits “we’re short-staffed.” That’s what Lee Ann Johnson was told when she came to James Square each morning, always finding her husband drenched in urine, according to reports.

Conditions were so bad the state attorney general raided James Square in June. But enforcement actions are rare. New York has 600 nursing homes, and 40 percent of them provide substandard care, according to Medicare.

The worst facilities appear on Medicare’s Special Focus probationary list. Currently there are 82 listed, including three in New York, one in New Jersey and one in Greenwich, Conn., with the misleading name RegalCare. Even that list isn’t foolproof: James Square wasn’t on it, despite the horrors uncovered there.

New York state keeps a publicly available tally of complaints filed against private nursing homes. It’s worth checking. Still, facilities with numerous complaints stay open, filling beds with unsuspecting patients.

Amazingly, state-run facilities are less accountable. “Secrets are brushed under the rug,” says Assemblyman Anthony Brindisi, who has been trying to uncover facts about Steven Wenger, a 41-year-old man unable to speak, walk or breathe without a ventilator due to a car accident.

Wenger lived upstate at a staterun disabled-care facility in Rome. Earlier this month, the Associated Press reported that maggots had infested Wenger’s throat. Information on abuse and neglect in state institutions is almost never released to the public, the AP says. Officials claim they’re protecting patient privacy.

New Jersey enacted Peggy’s Law this month, imposing fines on employees who witness neglect or assault and fail to call police. It will empower caregivers to do the right thing. A similar bill awaits action in the New York Legislature.

Every state should pass such a bill. To spare patients the agony of living with abuse and dying from it.

Information on abuse and neglect in state institutions is almost never released.