Mercy among 15 nursing homes cited for poor care

By Staff and wire reports

Thursday, February 23, 2006 10:11 AM EST

ALBANY - Auburn's Mercy Health and Rehab Center was one of 35 nursing homes either cited or fined for substandard care in the last three months of 2005, with one home receiving a federal fine of $109,000, according to a report released Wednesday.
The report by the Long Term Care Community Coalition in New York City was compiled from records of the state Health Department and the federal Center for Medicare and Medicaid Services.

Mercy Health and Rehab was cited on Sept. 21, 2005.

The $109,000 fine against The Lemberg Home and Geriatric Center in Brooklyn is the highest fine to a nursing home in New York in recent times, said Richard Mollot, director of LTCCC.

State inspectors said the home didn't adequately train staff to care for residents with respiratory problems who depended on ventilators, said Rob Kenny, spokesman for the Health Department. The lack of training put the health of about 20 patients at risk, he said. The survey was conducted Nov. 10 last year. Administrators at the Lemberg Home did not return calls for comment.

The federal fine can be as high as $10,000 a day per violation and must be used to improve care at the home. The state can impose a maximum fine of $2,000 per violation and may put the money toward Medicaid funding.

State fines for the other nursing homes in the three-month period between Sept. 16 to Dec. 15, 2005, ranged from $1,000 to $15,000. The fines levied in that period may have been for citations dating back several years, but represent the final terms of agreement between the state and nursing home after the appeals process.

An additional 15 homes - including Auburn's Mercy - were cited by the state for providing substandard care or putting the health of residents in jeopardy. Those homes are being required by the state to take corrective measures including hiring consultants, providing service training, or in some cases, having a state monitor oversee their quality of care.

“A major issue is what the state is doing to have effective oversight. What we're finding is that a lot of times the same homes are being cited over and over again,” Mollot said.

Nursing homes are inspected twice a year by the state Health Department. The department now cites seven out of 10 nursing homes on average for violations as part of its annual inspections. Homes that repeatedly fail to comply with citations are referred to the federal government.

Since 2002, 130 nursing homes have been fined for a collective total of $950,000, according to the state Health Department.

Although state inspections are supposed to be unannounced, Mollot said nursing homes are typically able to predict when the inspections will occur and prepare for them.

“They increase staffing and clean up their act,” he said.

Nursing homes that do not correct violations may face additional action, including fines, denial of payment, or recommendation for termination from the Medicare or Medicaid program. As of Dec. 15, 2005, 13 homes were not being allowed to admit any new Medicaid or Medicare residents until care issues were corrected, according to the report.

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