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Kentucky nursing home loses Medicare agreement due to violations

bed 3Violations of health and safety codes must be severe for a state agency to take the action it did in the case of Hurstbourne Care Centre at Stony Brook in Louisville. The facility’s most recent inspection, conducted in May, found many problems, and authorities delivered a 711-page report to the Kentucky nursing home in June citing the numerous issues with the facility. The report was also sent to federal authorities, who revoked the nursing home’s ability to accept Medicare payments. In news reports, facility representatives said they were unsure if the nursing home would remain open.

The issues with the facility are severe, and some put the lives and well-being of the nursing home residents in jeopardy.

Among the problems cited:

  • Resident had ants crawling all over her and her bed, and had to cry out for help.
  • Resident was found on the floor in the middle of the night and no record could be found of offering any medical help to the resident. The resident was X-rayed and a fracture was found the next afternoon – nearly 16 hours after they were found on the floor.
  • Resident had a large bruise, and no records could be found that anyone had examined the resident or that the resident had received any kind of care for the bruise.
  • In February, a doctor ordered that a patient be weighed and nutrition monitored, due to the patient being underweight. In March, no record could be found of either occurring, and the patient had lost another 9 percent body weight.
  • Call buttons for several residents were not operational

There were many other problems cited by inspectors. You can read the full report here.

WHAS-11 in Louisville reported on the problems with the nursing home, saying that the federal government has ended its Medicare agreement with the facility, meaning Medicare will no longer pay for the care of patients at the facility.

A full statement from the Inspector General is below, via WHAS-11.

FULL STATEMENT FROM INSPECTOR GENERAL MARYELLEN MYNEAR

“In late May, 2015, the Cabinet for Health and Family Services Office of Inspector General (OIG) completed several complaint investigations at Hurstbourne Care Centre at Stony Brook in Louisville. As a result, OIG issued a Statement of Deficiencies citing the facility for numerous alleged violations of state and federal law regulating health and safety standards for nursing home care. Several of the alleged deficiencies were determined to be an immediate and severe threat to the residents of the facility. The Statement of Deficiencies is available for review at http://www.chfs.ky.gov/NR/rdonlyres/F7DF91CB-24F3-4E7F-8BDC-1B699FD8E4EB/0/hurstbornecarecentreatstonybrookc52215.pdf.

The OIG’s findings were forwarded for review to the federal Centers for Medicare and Medicaid Services (CMS), which certifies facilities that accept patients enrolled in the Medicare or Medicaid programs. Problems at the facility were determined to be so severe that CMS today issued a notice of termination of the provider agreement with the facility, which is effective July 25, 2015. CMS will reimburse the facility for Medicaid and Medicare residents for up to thirty days following the termination date. It is not known at this time whether the facility will choose to remain open.

Several agencies will work closely with the facility and CMS, including OIG, Department for Community Based Services’ Adult Protective Services, Department for Medicaid Services, the Office of the Ombudsman, and the Department for Aging and Independent Living to assist the 125 residents with relocation to appropriate new facilities of their choosing. OIG has contacted the facility to offer this assistance. These agencies will also be on site to ensure appropriate services continue to be provided through the transition period.”

Your loved ones have the right to quality care. You may need to be an advocate on their behalf, and in severe cases, you may need the assistance of an attorney to battle nursing homes such as Hurstbourne Care Centre at Stony Brook, which is owned by a major nursing home group, Consulate Health Care. Our firm, English, Lucas, Priest and Owsley, has experience with nursing homes, and we can help you pursue justice against this facility or any other. Contact English, Lucas, Priest and Owsley at (270) 781-6500 for a free consultation..