When bad things happen to innocent people, we need to know how and why they happened so they do not happen again. I have written several posts about our long-term care system or industry and will be following up with more about the needless lives affected and lost in these facilities during COVID-19. This post is based on the statement from the Long-Term Care Community Coalition on the NY State Attorney General’s Report on the Failure to Protect Nursing Home Residents During The COVID-19 Pandemic and on a January 28 report by NPR.
On January 28 the Office of the New York State Attorney General (OAG) released its devastating report on its preliminary findings from an ongoing investigation into nursing home care and safety in NY during the COVID-19 pandemic. Their report documents and details the failures of nursing homes to protect residents during the continuing pandemic, the abject neglect that too many residents have experienced, and failures by the NY State Department of Health (DOH) to both ensure compliance with minimum standards and be forthright with the public about resident deaths. Its findings reinforce the need for minimum staffing standards, increased financial accountability, and meaningful regulatory oversight to ensure the quality of care, quality of life and dignity for long-term care residents in New York.
Preliminary findings from the report include:
- Too many nursing homes failed to comply with pre-existing infection control protocols;
- Facilities with lower staffing ratings had higher COVID-19 fatality rates;
- Insufficient personal protective equipment (PPE) and coronavirus testing for nursing home staff put residents and staff at increased risk;
- DOH public data undercounted COVID-19 deaths in some nursing homes by as much as 50%;
- Owners of for-profit nursing homes have a financial incentive to increase their own profit instead of investing in more staff, PPE, and other safety measures; and
- Lack of compliance with the executive order requiring communication with family members has caused avoidable pain and distress.
The following statement from Richard Mollott, Long Term Care Community Coalition’s Executive Director, very succinctly summarizes the report’s findings. “This shocking yet unsurprising report must serve as a wake-up call that vulnerable residents and their families deserve better. Many of the failures documented in this report have been going on for years and have only been exacerbated by the COVID-19 pandemic. It demonstrates that the longstanding system of accepting and paying for substantial nursing home care has been harmful for residents, their families, and the public at large. We thank Attorney General James for undertaking this important work and shedding light on the catastrophic impacts of both COVID-19 and inadequate quality assurance on nursing home residents.”
MY MOTHER WAS NOT EXPENDABLE was the message on a sign carried by a family member of a nursing home resident at a protest in Brooklyn. A picture of these protesting family members begins the NPR January 28 report “ Investigation: Cuomo Team Undercounted NY Covid-19 Nursing Home Deaths.” New York officials had estimated nursing home deaths at approximately 8700. New York Attorney General James’ probe found that these reports “undercounted by as much as 50%” the number of seniors who died. Her investigators surveyed more than 60 nursing homes and found discrepancies between the number of deaths recorded and the numbers previously reported by state officials. Governor Cuomo has not yet personally responded to this report, referring questions to his administration.
The tragic story of New York’s skilled nursing home industry is sadly not limited to either New York or Skilled Nursing Facilities. The National Consumer Voice for Quality Long-Term Care provides a very good short description of one organization that advocates for residents in care facilities at all levels. “Residents of nursing homes have rights that are guaranteed by the federal Nursing Home Reform Law. The law requires nursing homes to “promote and protect the rights of each resident” and stresses individual dignity and self-determination. A person living in a long-term care facility maintains the same rights as an individual in the larger community. Under the federal Older Americans Act (OAA) every state is required to have an Ombudsman Program that addresses complaints and advocates for improvements in the long-term care system. Ombudsman programs help residents, family members, and others understand residents’ rights and support residents in exercising their rights guaranteed by law. Most nursing homes participate in Medicare and Medicaid, and therefore must meet federal requirements, including facility responsibilities and residents’ rights.”
Information about the Ombudsman Program can be found at The National Long-Term Care Ombudsman Resource Center and by calling 202 332-2275.
Residents of long-term care facilities have been isolated for more than 10 months now due to COVID-19. They have not been able to meet with family and/or other people and organizations who usually would be there to advocate for them. Many residents are fearful of complaining about their care for fear of retaliation. Those of us who have friends or family in care facilities must be responsible for knowing what is going on in these resident homes and being proactive to ensure that our loved ones are getting the very best possible care. Reach out to your local Ombudsman program for help if you have a loved one or neighbor/friend in one of these facilities. Our elder citizens deserve nothing less!