Nursing homes are required to uphold federal and state-mandated standards of care to promote their patients’ overall health and well-being. Unfortunately, many nursing homes fall short of these expectations due to understaffing, underfunding, mismanagement, abuse of power, and other issues.
These result in common violations, and nursing homes can face corrective action, citations, and fines from the Centers for Medicare and Medicaid Services (CMS) and their state department of health. Failure to address shortcomings or continuous re-offenses can result in the loss of funding and revoked certifications.
Here’s a look at five of the most common nursing home violations. While they are common, they all pose a serious threat to resident safety.
1. Abuse and Neglect
Residents can be victims of abuse and neglect while under the care of skilled nursing professionals. Abuse can come in various forms, including:
- Physical: Hitting, slapping, scratching, biting, pushing, etc.
- Mental: Yelling, belittling, isolating
- Sexual: Rape, groping, verbal sexual advances, unsolicited graphic images
- Financial: Stealing, unauthorized use of credit cards, forgery
Additionally, many patients can also be victims of neglect, which is when the facility fails to provide basic care for a resident. Neglect can include withholding food, improper hygiene, isolation, and more.
The CMS takes these issues seriously and notes them directly on the Medicare website as people look for care.
2. Medication Errors
Elderly individuals are often on several medications to help control health conditions. Nursing homes are responsible for administering these medications. Each patient should receive the correct medicine and the proper dosages at appropriate intervals.
Unfortunately, this is not always the case. Nursing homes can be cited for medication errors, including withholding patient’s medicine. Many big nursing home chains have been guilty of this practice, especially as they face budget cuts and understaffing.
They do not have adequate staff to prevent medication errors. As a result, they can receive citations like Diversicare Healthcare Services for violating their patients’ right to proper medication and care at several locations.
Because Diversicare Healthcare Services did not ensure its patients were free from medication errors or have a licensed pharmacist perform monthly reviews, it has received several violations at various locations. These issues compromise patient health and safety and should be treated seriously.
3. Improper Use of Restraints
Physical restraints should be used as a last resort. They are intended to protect the patient, staff member, and other residents. However, restraints are often misused in nursing homes, especially if they are understaffed.
Residents may be restrained as a disciplinary tactic or simply because it is more convenient for the nursing home. If the patient has complained about their treatment, restraints can also be used in retaliation.
These scenarios are all improper uses of restraints, and a nursing home can be cited for these abusive behaviors. Residents have rights and protections under the CMS, and improperly being restrained directly violates them.
4. Safety Concerns
Nursing homes can be cited for providing an unsafe environment. Examples include tripping hazards, slippery floors, broken railings, burnt-out lightbulbs, and fire hazards.
Because of the close quarters, infection and illnesses can spread quickly throughout the facility. The nursing home should take reasonable steps to stop the spread of disease. If they don’t, they can face citations. Additionally, unsanitary conditions like soiled linens, dirty living spaces, and improper hygiene can all lead to disciplinary action by the governing officials.
Ultimately, the nursing home is responsible for promoting an environment where its residents can thrive. If they don’t and residents feel unsafe, they can face severe violations.
5. Understaffing
Each patient must receive a set amount of care based on CMS regulations, including at least 3.48 hours of care daily, with 0.55 from a registered nurse, 2.45 from nurses’ aids, and 0.48 from additional staff members. States may have additional care-hours requirements that must also be met to maintain status.
If a nursing home is understaffed, it may be unable to meet those minimum care hours, especially regarding licensed care from registered nurses and nurses’ aids. As a result, the quality of care within the nursing home can suffer, leading to additional citations.
How to Find Nursing Home Violations
Nursing homes won’t advertise their violations on their website, so you may have to do some digging to uncover what violations have taken place.
Resources like the Medicare website provide access to health inspections, penalties, and more. State departments of health may post quarterly reports outlining nursing home violations. ProPublica provides nursing home inspection reports for more than 90,000 nursing homes in the United States. You can also search for internet reviews or social media feedback.
There are plenty of places to look for nursing home violations. This information will help you make an informed decision about your loved one’s care and avoid common nursing home violations.
