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California: Nursing homes criticized on medicine, food

By Heidi Rowley

Tulare Advance Register, May 19, 2003  

 Anne Wallace, right, a resident at the National Lutheran Home in Rockville, Md., works with Kathy Franz during a care plan meeting. The meetings let residents voice concerns, problems or appreciation to the staff. Wallace asked for less food so she doesn't waste it.

California - Tulare County nursing homes most commonly violate medicine and food-related regulations, an analysis of Medicare records reveals.

Of the 15 nursing homes in Tulare County, 14 were cited for medicine-related deficiencies when they were inspected last year by local and state regulatory agencies. Seven were cited for food preparation deficiencies.

The most common deficiency had to do with drug use. Five homes were told to make sure residents who take drugs are not given too many doses, that drug use is carefully watched and that drugs that cause unwanted effects are discontinued and changed.

Other common drug deficiencies in Tulare County nursing homes included:

·       Failure to keep accurate and appropriate medical records: four homes.

·       Failure to tell residents, doctors and family members if there is a major change in health: three homes.

·       Failure to provide drugs and related services needed by each resident: three homes.

·       Failure to keep the rate of medication errors to less than 5 percent: two homes.

·       Failure to keep drugs and similar products locked safely and stored: two homes.

·       Making sure that residents are safe from serious medication errors: two homes.

"It's real easy to get dinged on medication and nutrition, basically, because those are the main functions of what we do," said Barbra McCling, director of operations for Moyle's Central Valley Health. "They are very strict on us.

"Most people are in nursing homes because they need help with medication and food."

Moyle's owns three nursing homes in Tulare County -- Kaweah Manor in Visalia, Porterville Convalescent Hospital in Porterville and Merritt Manor in Tulare.

Six of the seven Tulare County nursing homes cited with food violations were told to "store, cook and give out food in a safe and clean way."

Villa Manor Care Center in Porterville was cited for three additional food violations, including failure to provide three meals daily; to be sure residents were well nourished and failure to prepare food that is "nutritional, appetizing, tasty, attractive, well-cooked and at the right temperature."

McCling said that Moyle's has developed a quality-control program for their nursing homes to help reduce the number of deficiencies. She noted that the company's Merritt Manor in Tulare decreased its deficiencies from 17 in 2001 to four in 2002, none of them medicine- or nutrition-related.

She said employees will double-check each other by doing kitchen checks, surveying residents and doing evaluations.

"It's one thing to find out you have a problem," McCling said. "It's another thing to take the next step and solve it. I don't want to give an indication that the other nursing homes are bad, it only means the staff did an excellent job of self-monitoring and solving the problems."

Prescott Cole, a staff attorney for California Advocates for Nursing Home Reform, said the biggest reason nursing homes continue to have deficiencies is because of the process of correction.

He said that a nursing home will receive a deficiency, but then the only thing it has to do is write up a report within 30 days to explain how it plans to fix the problem. Sometimes, he said, someone from the licensing agency will come out to verify the problem has been fixed, but not always.

Also, he said, he believes the homes should be receiving citations instead of deficiencies because they are actually charged fines with a citation. However, most citations only come after a serious problem that is a result of a complaint or incident.

"Food is always an interesting thing," Cole said. "The easiest place to cut back is on food."

He said that in his experience, nursing homes that have deficiencies in food preparation are spending only $3 to $4 per day on meals per resident.

"These people aren't fed well, even if the food gets to their mouth," he said. "That shouldn't be a deficiency; that should be classed as elder abuse."

Once a nursing home is found to be in violation of federal standards, called a deficiency and ranked on a 12-point scale, it is subject to penalties ranging from fines to license revocation.

However, nursing homes are rarely forced to shut down, said Charlene Harrington, a University of California nursing home researcher.

The problem: tight budgets, inadequate staffing and weak political will.

"We won't spend more money to get decent staffing into these nursing homes and state survey agencies," she said.

Steve Pelovitz, director of the survey and certification branch of the federal Centers for Medicare and Medicaid Services, disagreed.

"The purpose of our oversight is to provide remedies and sanctions to try and help make sure nursing homes have a set of incentives to get into compliance and remain in compliance," he said. "This is not a system which at its heart and core is one in which we look to decertify nursing homes or throw them out."

In the past three years, 5,637 fines have been levied against nursing homes, according to the most recent data from the Centers for Medicare and Medicaid Services, the federal agency that sets nursing home care standards.

Even with all the information on the Internet and through research, even analyzing one or two nursing homes based on their deficiencies can be tough.

"The statistics are easily subject to misinterpretation," said Alan DeFend, public affairs vice president for the American Health Care Association that represents 12,000 nonprofit and for-profit nursing homes and other long-term care centers. "Drawing sweeping conclusions could present readers with an incorrect picture of reality."

Cole suggests that those who are researching nursing homes should spend a lot of time in the home, interview the residents and even sit down with the residents during meal time. That way, he said, they will know how much and what the residents are eating.


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