New Mexico Nursing Home Advocate News : New Mexico Nursing Home Abuse Lawyers & Attorneys : Harvey Law Firm : Neglect, Resident Rights : Albuquerque, Los Alamos, Santa Fe

The Gerontologist has published a study conducted at the University of Kansas Medical Center suggesting that nursing staff is happier and more satisfied with their jobs at nonprofit nursing homes.

"Ownership status was significantly related to job satisfaction; RNs working in for-profit nursing homes were less satisfied."

The study surveyed nearly 900 registered nurses working in almost 300 skilled nursing facilities.  The nurses' ability to set policies and procedures and adequacy of resources and staff significantly affected their job satisfaction.

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New Mexico Governor Susana Martinez issued a proclamation that today, June 15, is World Elder Abuse Awareness Day, as reported in the Albuquerque Journal. 

Although elder abuse can take many forms, including physical, emotional and mental abuse, today's proclamation also recognizes that many elderly New Mexico residents are at risk for financial exploitation.  The New Mexico Securities Division has established the website www.redflagsnm.com, to help New Mexicans prevent and report investment fraud. 

The New  Mexico Aging and Long-Term Services Department has published a very helpful fact sheet on elder abuse which includes many warning signs to look for, and also ways to prevent elder abuse. 

If you are concerned and suspect the physical, mental, emotional or financial abuse of an elderly New Mexican, call Adult Protective Services at 1-866-654-3219 (in-state) or 1-505-476-4912 (out of state).  To report suspected abuse in a nursing home or long-term care facility, call the New Mexico Department of Health at 1-800-752-8649. 

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The recent federal health care legislation requires that all employers with more than 50 employees provide affordable health care insurance for their workers.  Unfortunately, as it stands now, many nursing home staff simply cannot afford the health care coverage that their employers provide, and go without coverage entirely. 

As this article in the New York Times points out, it is especially important for health care workers, like nursing home employees, to be healthy, to receive regular preventative care, and to be able to obtain medical care whenever needed.  All too easily, a sick worker can spread her illness to a very vulnerable population. 

However, according to the Times article, at Lakeview Christian Home in Carlsbad, New Mexico, less than half of the employees have health coverage, because many cannot afford the $25/month they would have to pay.  In fact, over a quarter of front-line nursing home employees are not insured, according to the article. 

As the Times reports, though, rather than try to ensure that the nation's nursing home workers have access to affordable health insurance, the nursing home lobby is instead working to create loopholes for nursing homes. 

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After an investigation that has lasted over a year, the District Attorney’s office has decided to not pursue charges against Bio Care owner Paul Montano. 

Montano and his wife ran Bio Care, a business that was supposed to handle bodies donated for scientific research, then cremate the remains and give the ashes to the decedent’s family. Last March, body parts, including heads and severed limbs were discovered in medical waste bins in Kansas by waste disposer Stericyle. Montano was arrested and charged with fraud, but those charges were later dropped pending further investigation.

Our office represents the family of Johnny Frausto, whose dying wish was to donate his body for scientific research in an effort to advance a possible cure for pancreatic cancer. Mr. Frausto’s torso was found in a walk-in freezer at the Bio Care office. The New Mexico Office of the Medical Investigator identified Mr. Frausto’s torso through the identification number on a pacemaker. Mr. Frausto’s head, arms and legs, which had all been crudely severed from the body, were found in an unrefrigerated storage container.

Shortly after we filed a civil lawsuit on behalf of the Frausto family, Montano filed for bankruptcy, stopping the civil case from moving forward. Without any assets or insurance to cover a judgment, the victims would not receive any compensation, even if a jury rendered a verdict against Montano. Now that criminal charges will not be pursued, it looks like the Montano’s are going to get away with their egregious behavior.

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Resources and guidelines on health, wellness, and caregiving are available from the National Institute on Aging, a division of the U.S. Department of Health and Human Services, National Institutes of Health.  The NIA website contains information on clinical trials, research programs and now over 125 free booklets, fact sheets and other materials that can be downloaded and printed on topics such as:

• Healthy aging
• Exercise and physical activity
• Sleep
• Choosing a doctor
• Dietary supplements
• Materials to help with the challenges of caring for a parent, partner, or friend. 
• Tip sheets on legal, financial, and medical issues

NIA also has a website for Spanish-speaking users.  I have frequently been asked where to find this sort of information, which is widely available online. Most of us just don’t know where to look. 

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PBS has launched a segment called “The Watch List,” which recently featured an investigation into care facilities in private residences. The segment examined the increasing popularity of these residences, which are marketed as homey alternatives to nursing homes. Unlike nursing homes, residential care or “assisted living” facilities are not federally regulated. 

The segment featured the stories of two residents: one died of advanced pressure sores and the other suffered extensive burns after a caregiver handed her a lit cigarette while she was hooked up to oxygen.  

A November 2009 report by The Program on Aging & Long-Term Care Policy at Texas A&M University, also featured in the segment, concluded:

“[t]he universal lack of resources, the enormous variation across jurisdictions, and the low priority given to elder abuse and neglect make it difficult to see how significant progress can be made without some federal standards and financial support for investigating, detecting, resolving and preventing elder abuse in residential care.”

Of particular interest to me was the segment’s take on a recent Seattle Times investigation, “Seniors for Sale,” which exposed hundreds of injuries and deaths in adult homes in Washington and explored the marketing of adult residential facilities as good money-making ventures.

The idea that our elderly are commodities is unfortunately not unique to the residential care industry, but is uniquely disturbing because of the lack of oversight and regulation. In my experience representing the victims of abuse and their families, this lack of regulation has led to a lack of knowledge by the owners and caregivers of how to provide proper care and a dangerous situation for the residents.  

WARNING: the video segment contains images which some might find upsetting.

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We've talked a lot here about things you can look at when trying to choose a nursing home or assisted living facility for a loved one. 

This article in today's New York Times highlights an important factor to examine when you are looking at the quality of care in any given nursing home:  nursing aide turnover.  According to the article, more than 70% of nurse aides  change jobs within a given year. 

The work that nurse aides do is invaluable.  They provide the majority of hands-on care to nursing home residents, assisting them with eating, bathing, hygiene, and getting around.  Given the difficult nature of this work, it is important that the aides are well-trained, working in a supportive environment, and being paid adequately for the work they do. 

Unfortunately, as the article points out, this is very often not the case.  Most troubling, high nursing aide turnover usually results in poorer care for the residents. 

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Today, the Harvey Law Firm filed a Complaint against Bio Care, New Mexico Learning Center, Paul Montano and Leah Montano, for mishandling the remains of Johnny Frausto.  The lawsuit was filed on behalf of Johnny Frausto’s widow, Mrs. Sharon Frausto, and his daughter, Ms. Chaunnah Bates.

Johnny Frausto died of pancreatic cancer on January 10, 2010 and his dying wish was to make a contribution to the advancement of the prevention and treatment of cancer.  A hospice company recommended Bio Care to Mrs. Frausto as a reputable company.  Bio Care promised Mrs. Frausto and Ms. Bates that Mr. Frausto’s body would be treated with dignity and respect.  Bio Care represented that they would harvest Mr. Fausto’s organs and then return the remaining part of his body for cremation.  After weeks of being told that Mr. Frausto’s body was “not ready” to be returned, Mrs. Frausto and Ms. Bates began to be concerned. 

Their worst nightmare was revealed on March 30, when local news stations reported that Bio Care was being investigated in connection with improper shipments of human body parts to a medical waste facility in Kansas.  Later, Mrs. Frausto and Ms. Bates learned that investigators found bodies and body parts at the Bio Care facility in Albuquerque, some in a freezer that was no longer working.  Among the body parts found at Bio Care, OMI was able to identify Mr. Frausto’s torso based on an identification of his pacemaker.  At this time, Mrs. Frausto and Ms. Bates do not know the location of Mr. Frausto’s head or limbs.  They are horrified and devastated.

We believe this is simply another example of the inexcusable failure to treat everyone with dignity and respect. 

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As the Santa Fe New Mexican reports today, Cathedral Rock Corporation recently paid $4000 in fines as part of a settlement agreement with the New Mexico Aging and Long-Term Services Department.

In December 2009, Cathedral Rock was issued a notice of violation after concerns raised by the state's Long-Term Care Ombudsman involving the Sunshine Haven and Silver City Care Centers.  The violation stemmed from the nursing home's plan for inappropriate resident transfers and discharge, but also involved misinformation conveyed to nursing home employees about the ombudsman's involvement and approval of the plan. 

Disturbingly, once the ombudsman's office was actually involved, and stopped the planned, improper transfer, Cathedral Rock senior staff criticized the ombudsman's office and also publicly criticized the staff who were thought to have contacted the ombudsman.

Under New Mexico law, ombudsmen have both the right and the duty to investigate any claims of nursing home resident abuse or neglect.  It is not proper for a nursing home to interfere with their right of access, or to retaliate against staff or residents for contacting the ombudsman's office. The law specifically states that  "No person shall institute discriminatory, disciplinary or retaliatory action against any resident, employee or other person for filing a complaint, providing information to or otherwise cooperating with a representative of the [ombudsman's] office." 

In addition to the fine, as part of the settlement, Cathedral Rock issued an apology to its staff for its "inappropriate and unprofessional behavior."

We reported earlier this year on the penalties imposed on Cathedral Rock for Medicare and Medicaid fraud, and about the cases pending against the Cathedral Rock nursing homes in Santa Fe.  Cathedral Rock operates 10 nursing homes in New Mexico: 

Santa Fe Care Center

Casa Real (Santa Fe)

Sunshine Haven (Lordsburg)

Silver City Care Center

Bloomfield Nursing and Rehab

Clayton Nursing and Rehab

Espanola Valley Nursing and Rehab

Red Rocks Care Center (Gallup)

Raton Nursing and Rehab

Country Cottage Care and Rehab (Hobbs)

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