RN Surrenders License In New York Nursing Home Abuse Matter
A recent report of a RN who surrendered her license only the most recent example of the long history of poor care provided by the adult home industry in New York State.

October 08, 2011 /24-7PressRelease/ -- A recent story highlights some of the problems that plague nursing homes across New York; the Mid-Hudson News reports the case of Myrna Siegel, a registered nurse, who surrendered her license to practice to the State Education Department after an investigation by the State Office of Medicaid Inspector General.

She had verbally and physically abused patients. "In one instance she forcibly held down a resident while giving care, calling the resident an 'evil witch'," according to the report.

The story also noted she had told a resident "he had a death wish and was going to die," if he didn't take his medication.

A Long History Of Poor Care

The report, "Care And Oversight Of Assisted Living In New York State," from the Long Term Community Care Coalition (LTCCC), tells of the long history of poor care provided by the adult home industry in New York State.

A far back as 1977, then Deputy Attorney General Charles Hynes issued a report detailing the poor conditions, financial corruption and mistreatment of residents rampant in the adult home system.

Things have not improved greatly in many areas. LTCCC investigated the matter in 2001 and found much room for improvement. The 2011 study was designed to identify the current level of the quality of care and life in the state's assisted living facilities.

As important, the study also assessed the ability of the Department of Health (DOH) to monitor the system.

The results are still less than encouraging. Some of their findings include:
- Endangerment of residents has dropped, but most facilities are still violating the rules.
- The areas cited most frequently remained the same for nine years across the state.
- The same violations and findings in medication and environment are repeated year after year.
- Use of resident interviews for documentation of violations is infrequent.
- Homes with a mentally ill population more likely to have many problems.
- Assisted living residences licensed under the new law have the same types of problems as traditional facilities.

But The Department Of Health Enforcement Has Improved, Right?

Sadly, no, the report points out many problems from the DOH's supervision of assisted living facilities. They note that few violations cited led to enforcement actions unless they were "endangerment" violations.

73 percent of the endangerment citations led to sanctions, indicating the seriousness of the violations. However, they report that 17 percent of the endangerment cases have been "pending," and several for from three to five years.

One of the most troubling aspects of the report is their finding that New York Law impedes enforcement action. Many facilities cannot be fined because the law does not permit DOH to sanction them if they correct the violation within 30 days (except for an endangerment violation).

A further ongoing problem for DOH, and one that may become worse given the State's finances, is that DOH staffing is insufficient to the task, and this, unsurprisingly, appears to hinder enforcement.

For anyone with residents in the system, the report serves as a warning that vigilance is necessary to protect your family members.

If the care or conditions in the facility appear suspect, contact the state DOH or a private attorney. If DOH cannot respond quickly enough, an attorney can help you determine if more serious action is necessary to protect a resident.

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