After two weeks, I finally received a response to my letter to Mark Payne the chief of staff of the NCDHHS.
The letter was a request that they review the investigation notes from my complaint against Hendersonville Health and Rehabilitation. I had included three pages of notes from Todd Davis, the lead investigator. Parts of those pages were highlighted to show inconsistencies, and there was also a list of questions. I was simply trying to understand how the report could be so wrong about so many things.
In the report Todd Davis states that Dr. Larry Joe Russell had seen Mom the morning after she fell as he would any patient when he came in that morning at 5:30. On page three of the same report, Mr. Davis states that Dr. Russell did not see her after the fall. He goes on to say that the nurses at Hendersonville Health and Rehabilitation examined her and decided she did not need further care. In Dr. Russell's professional opinion the nurses did what they were supposed to.
Ok I'm a little bit confused as to how this could have happened. According to Mr. Payne, the Surveyor Notes Worksheets are not Mr. Davis' summary of the investigation .They are simply notes of what Mr. Davis was told by the individuals that he had interviewed during the investigation. Mr. Payne doesn't seem to care that the facts are inaccurate.
Here is the definition of investigation from the dictionary : the act or process of investigating; a careful search or examination in order to discover facts. I'm pretty sure that the Surveyors Notes Worksheets indicate anything but a careful search in order to discover facts. Either that or they just don't care about the accuracy of their facts.
Did Mr. Davis actually interview Dr. Larry Joe Russell twice about the night of the fall. Did Dr. Russell forget what he said in the first interview, or was he confused about which of his "patients" he was talking about . If he actually kept records he would not contradict himself! My question would be who was more confused, Dr. Russell or Todd Davis. If in fact Dr. Russell was actually interviewed twice and told two different stories, would that not be a red flag for an investigator ? Someone "in search or examination to discover facts".
According to Mark Payne, Chief of Staff at the NCDHHS, no further action is warranted. Not one of the questions in my letter was addressed by Mr. Payne. He simply stated that the information contained in the surveyor worksheets were not Todd Davis' summary. As a high ranking official at the NCDHHS, I would question his concern for public safety. Is The NCDHHS protecting the owners of Hendersonville Health and Rehabilitation ? Or do they actually have any authority to enforce violations of their own regulations. Does this have anything to do with the fact that Gerald P. Cox , a member of the NC Medical Commission is connected to the owners of Hendersonville Health and Rehabilitation?
Whatever the answer is, they continually refuse to explain the mistakes that they made in an investigation, that eventually involved the death of a resident of Hendersonville Health and Rehabilitation and a patient of Dr. Larry Joe Russell. If they did nothing wrong then why not just simply answer the questions I ask? There is no legal action I can take if they tell the truth, I am simply trying to make them see the flaws in their own system. Obviously they are protecting someone for some reason.
Again I do not disagree with anything Mr. Payne said in his letter, except for the fact that my complaint was thoroughly investigated. I am working on another letter to Mr. Payne asking for the same answers that he avoided giving me. I'll post when and if I get a Reply.
Keep those letters and calls coming your stories are important. Better yet post a comment on this blog for all to see. Don't be afraid to stand up for those you love!~
Saturday, August 23, 2014
Tuesday, August 12, 2014
Is the NCDHHS so perfect that they dont even want to look?
Back in March, I wrote a letter to Aldona Wos , the North Carolina secretary of DHHS. The letter was a simple explanation of my frustrations with the NCDHSR. I also requested that Secretary Wos would have someone review Mom's file. I sent the letter by regular mail, and never received a response.
In July, I sent the same letter via certified mail. This time I received a response from Mark Payne, the chief of staff of the NCDHHS. The letter is basically a timeline of what was supposedly done following the complaint investigation. There is nothing in the letter that addresses any of the questions I had asked. Typical government response to a question, answer anything except what you are asked.
There are specific things in the report that are not true, or contradict what is said elsewhere in the very same report. This is a symptom of a problem that is system wide in the NCDHHS and CMS. Neither of which will even attempt to explain or even look at what is there. If they were to look they could not ignore us any longer. But how do you get them to look ?
I am not disputing what Mr. Payne says in his letter except the part about a "thorough investigation". I included a list of questions that I would ask Todd Davis, the origional investigators. I also asked for a simple review of the facts. I am working on a list of questions for the investigators. I also requested documentation for some of the facts from the so called review. Now I wait for an answer from Mr. Payne.
I sent him a copy of Todd Davis's summary of the investigation, which is full of mistakes and false statements. Any of which prove that the investigation was not taken serious at all. Hopefully that may matter to someone at the NCDHHS. I have a feeling they will not respond, or that they will tell me the matter is closed as they have up till now. How can you improve on a system if you cant look at mistakes after the fact. Most people just get the response and accept that the NCDHHS has the final say. I believe it is my right if not my responsibility to point out the flaws in the whole nursing home inspection process.
The purpose of what I'm doing is to encourage reform of the nursing home inspection system. I believe that if you have people who worked in that environment, they become blind to the violations. They know that the nursing homes are understaffed and they overlook things because of that. What if they sent someone who was not from a medical background along with the team. Would the results still be the same? What if they were not allowed to announce the arrival of the inspectors over the intercom. If you've ever been in a home when it is being inspected, they put a sign on all entry doors and they announce the arrival of the inspectors.
How do they ever expect to find something wrong if they dont take time to look? They already know what the issues are at the homes, they just dont go beyond that. It's like working in a restaurant and the health inspector comes in. First thing you do is pull the can opener and run it through the dishwasher, if not thats the first thing you get written up for. The main difference is that the mistakes made in nursing homes are sometimes a matter of life and death.
In order for things to cahnge, they are going to have to start looking for real problems, not just the can opener. Staff levels in nursing homes are the main cause of everything else. There are no laws that I've found that say how much staff is required per resident. They break it down by the number of hours worked by the nurses and cna's. There is no specific number required on each shift, regardless of the number of patients. No wonder so many people " fail to thrive " as Dr. Russell puts it on the death certificates.
I saw on the news yesterday where a man got eighteen months in prison for animal abuse. Nursing home residents are being neglected to the point of death, and there are no substantiated complaints. I guess people care more about cute little animals than a helpless elderly person. Things need to change, I can use all the help I can get. Please continue to contact me and share your stories. It will someday make a difference.
In July, I sent the same letter via certified mail. This time I received a response from Mark Payne, the chief of staff of the NCDHHS. The letter is basically a timeline of what was supposedly done following the complaint investigation. There is nothing in the letter that addresses any of the questions I had asked. Typical government response to a question, answer anything except what you are asked.
There are specific things in the report that are not true, or contradict what is said elsewhere in the very same report. This is a symptom of a problem that is system wide in the NCDHHS and CMS. Neither of which will even attempt to explain or even look at what is there. If they were to look they could not ignore us any longer. But how do you get them to look ?
I am not disputing what Mr. Payne says in his letter except the part about a "thorough investigation". I included a list of questions that I would ask Todd Davis, the origional investigators. I also asked for a simple review of the facts. I am working on a list of questions for the investigators. I also requested documentation for some of the facts from the so called review. Now I wait for an answer from Mr. Payne.
I sent him a copy of Todd Davis's summary of the investigation, which is full of mistakes and false statements. Any of which prove that the investigation was not taken serious at all. Hopefully that may matter to someone at the NCDHHS. I have a feeling they will not respond, or that they will tell me the matter is closed as they have up till now. How can you improve on a system if you cant look at mistakes after the fact. Most people just get the response and accept that the NCDHHS has the final say. I believe it is my right if not my responsibility to point out the flaws in the whole nursing home inspection process.
The purpose of what I'm doing is to encourage reform of the nursing home inspection system. I believe that if you have people who worked in that environment, they become blind to the violations. They know that the nursing homes are understaffed and they overlook things because of that. What if they sent someone who was not from a medical background along with the team. Would the results still be the same? What if they were not allowed to announce the arrival of the inspectors over the intercom. If you've ever been in a home when it is being inspected, they put a sign on all entry doors and they announce the arrival of the inspectors.
How do they ever expect to find something wrong if they dont take time to look? They already know what the issues are at the homes, they just dont go beyond that. It's like working in a restaurant and the health inspector comes in. First thing you do is pull the can opener and run it through the dishwasher, if not thats the first thing you get written up for. The main difference is that the mistakes made in nursing homes are sometimes a matter of life and death.
In order for things to cahnge, they are going to have to start looking for real problems, not just the can opener. Staff levels in nursing homes are the main cause of everything else. There are no laws that I've found that say how much staff is required per resident. They break it down by the number of hours worked by the nurses and cna's. There is no specific number required on each shift, regardless of the number of patients. No wonder so many people " fail to thrive " as Dr. Russell puts it on the death certificates.
I saw on the news yesterday where a man got eighteen months in prison for animal abuse. Nursing home residents are being neglected to the point of death, and there are no substantiated complaints. I guess people care more about cute little animals than a helpless elderly person. Things need to change, I can use all the help I can get. Please continue to contact me and share your stories. It will someday make a difference.
Monday, August 4, 2014
Hendersonville Health and Rehabilitation and SanStone must have friends in high places.
I began writing this over two years ago, simply because I couldn't believe what these people are getting away with. I've spent most of my spare time looking into how the nursing home industry works. I've seen the ownership, management, shell companies and all the usual ways that wealthy business owners hide their money. What bothers me the most is that the authorities don't care. They are almost hostile to the person making a complaint or an accusation.
This began when my brother and I filed complaints against Hendersonville Health and Rehabilitation .with the NCDHSR. The complaints were based on the care Mom received there. When we received the copies of her medical records, we were astonished that the NCDHSR could not find any deficiencies.
The records themselves are for the most part handwritten. The majority of the documents have the wrong bed and room number. There is missing medication, no records at all from the shift the night Mom died, no notes from Dr. Larry Joe Russell who was supposed to be her doctor. There is an entry concerning a fall that was written a month after Mom's death. During her entire stay there are only four records of showers. One of the documents indicates that the night of the fall, she took a shower with no assistance. Although it is repeatedly noted that she was a fall risk and required assistance with ambulating.
This is not a complete list of what is wrong with Mom's medical records, but a representation of some of the obvious deficiencies we found. They are some of the violations that were overlooked by the NCDHHS. After the response from the NCDHSR, we requested a meeting with the Western Regional Director of the NCDHSR, Gail Maloney. During the meeting, we were basically told that none of the issues violated their regulations. Ms. Maloney informed us that she had the final word and that there was nothing else we could do. At the time of our meeting the only thing we had were Mom's medical records from Hendersonville Health and Rehabilitation. I did not receive the results of the DHSR investigation from the Freedom of Information Act till the following August. I have been through the information and have found too many inconsistencies to list. There are answers to our complaint that have no documentations to support them. This is not the way to investigate, there is proof in the records that is ignored because of the investigators opinion.
Why is the word of someone being investigated given more weight than the accuser? I have nothing to gain from this. Am I not due the same considerations as the very people who have something to lose. How would that work in a court of law. I am innocent simply because I say I am. There would certainly be no problem with the overcrowding of prisons. If someone did something wrong, are they really going to admit it to the authorities.
What do I have to do to get the NCDHSR to respond to my accusations. What rights do I have to make them look at their own mistakes. Lives are being lost due to the fact that the nursing homes are being allowed to violate the NCDHSR regulations. The investigators are looking the other way and allowing the homes to do whatever they want. How much is a life of an elderly patient worth to the NCDHSR. What are they getting in exchange for looking the other way?
All I am asking is for the NCDHSR to do their job, and preform comprehensive investigations. They are getting paid by taxpayers to investigate. Are they also getting paid to ignore their own findings?
That would be illegal and law enforcement would be getting involved. That's what you would think anyway.
If the NCDHSR is the final word, how will there ever be any sort of reform of the laws concerning nursing homes? Where is the justice for the elderly patients living in substandard conditions? Do they not have rights to be treated with respect ? Is there any dignity in lying in your own waste, or not getting a shower? If you have been in a nursing home, you must have seen things that made you wonder.
If you have someone in a nursing home, especially Hendersonville Health and Rehabilitation, take a look around. There are many warning signs that people ignore. Especially if you are the one who put your loved one in there. Sometimes it is impossible to care for someone at home and there is no choice. If you are in this situation you could help change the laws. Complain if something is wrong, and don't get discouraged when you get ignored by the NCDHSR. It takes more than a couple of people to make a change. I need all the help I can get. Don't let these people keep making millions at the expense of the elderly. Make them provide the care they are getting paid for.
This began when my brother and I filed complaints against Hendersonville Health and Rehabilitation .with the NCDHSR. The complaints were based on the care Mom received there. When we received the copies of her medical records, we were astonished that the NCDHSR could not find any deficiencies.
The records themselves are for the most part handwritten. The majority of the documents have the wrong bed and room number. There is missing medication, no records at all from the shift the night Mom died, no notes from Dr. Larry Joe Russell who was supposed to be her doctor. There is an entry concerning a fall that was written a month after Mom's death. During her entire stay there are only four records of showers. One of the documents indicates that the night of the fall, she took a shower with no assistance. Although it is repeatedly noted that she was a fall risk and required assistance with ambulating.
This is not a complete list of what is wrong with Mom's medical records, but a representation of some of the obvious deficiencies we found. They are some of the violations that were overlooked by the NCDHHS. After the response from the NCDHSR, we requested a meeting with the Western Regional Director of the NCDHSR, Gail Maloney. During the meeting, we were basically told that none of the issues violated their regulations. Ms. Maloney informed us that she had the final word and that there was nothing else we could do. At the time of our meeting the only thing we had were Mom's medical records from Hendersonville Health and Rehabilitation. I did not receive the results of the DHSR investigation from the Freedom of Information Act till the following August. I have been through the information and have found too many inconsistencies to list. There are answers to our complaint that have no documentations to support them. This is not the way to investigate, there is proof in the records that is ignored because of the investigators opinion.
Why is the word of someone being investigated given more weight than the accuser? I have nothing to gain from this. Am I not due the same considerations as the very people who have something to lose. How would that work in a court of law. I am innocent simply because I say I am. There would certainly be no problem with the overcrowding of prisons. If someone did something wrong, are they really going to admit it to the authorities.
What do I have to do to get the NCDHSR to respond to my accusations. What rights do I have to make them look at their own mistakes. Lives are being lost due to the fact that the nursing homes are being allowed to violate the NCDHSR regulations. The investigators are looking the other way and allowing the homes to do whatever they want. How much is a life of an elderly patient worth to the NCDHSR. What are they getting in exchange for looking the other way?
All I am asking is for the NCDHSR to do their job, and preform comprehensive investigations. They are getting paid by taxpayers to investigate. Are they also getting paid to ignore their own findings?
That would be illegal and law enforcement would be getting involved. That's what you would think anyway.
If the NCDHSR is the final word, how will there ever be any sort of reform of the laws concerning nursing homes? Where is the justice for the elderly patients living in substandard conditions? Do they not have rights to be treated with respect ? Is there any dignity in lying in your own waste, or not getting a shower? If you have been in a nursing home, you must have seen things that made you wonder.
If you have someone in a nursing home, especially Hendersonville Health and Rehabilitation, take a look around. There are many warning signs that people ignore. Especially if you are the one who put your loved one in there. Sometimes it is impossible to care for someone at home and there is no choice. If you are in this situation you could help change the laws. Complain if something is wrong, and don't get discouraged when you get ignored by the NCDHSR. It takes more than a couple of people to make a change. I need all the help I can get. Don't let these people keep making millions at the expense of the elderly. Make them provide the care they are getting paid for.
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