Tuesday, December 30, 2014

A picture is worth a thousand words. Todd Davis, did you let Hendersonville Health and Rehab kill my Mom?


This is what Mom's head looked like seven weeks prior to her fall at Hendersonville Health and Rehabilitation. Not only is there staples on the outside, but the skull itself is stitched inside. It takes up to one year for the skull to heal.
If I were a nurse or doctor, I would examine a patient with this type of wound if she fell, no matter what the circumstance. In the NCDHSR investigation notes, Todd Davis states that the nurse on duty( Lara Mooney ) an LPN, evaluated Mom after the fall, and decided she needed no further care. According to Mr. Davis, Dr Russell agreed with Lara Mooney LPN, and felt that in his "professional" opinion the nurse was correct in her decision.
Then on the next page, Mr Davis states that Dr. Larry Joe Russell saw her after the fall as he would any patient if he was on the property. I'm not sure what actually happened after the fall. I am sure that Dr. Larry J. Russell did not see her after the fall.
Did Mr. Davis forget that he wrote the first statement ? Did Dr. Russell forget which patient he was talking about , and answer two different times? Do that many patients at Hendersonville Health and Rehabilitation  fall on any given day that neither Dr. Russell or Todd davis could get the facts straight? Did Todd Davis actually approach Dr. Larry J. Russell two different times concerning the fall and get two different answers. The whole thing doesn't make sense.
This is just one of the discrepencies in the NCDHSR investigation. I have contacted Mr. Davis, now the Western regional director of the NCDHSR to get his story, and was denied. I then contacted Beverley Speroff, the NCDHSR section chief, and again was denied. The next step was Dr. Aldona Wos, the Secretary of The NCDHHS in Raleigh and was also denied.
If there is a flaw in the investigation process, shouldn't they want to know. How many other investigations are flawed as a result of Mr. Davis' incompetence? Are there people dying in nursing homes and the NCDHSR covering for the influential home owners?
As I have said in the past, I believe that the documents in my possession are extremely incriminating to the NCDHSR and therefore the NCDHHS. I have evidence that the nurses "late entry" by Lara Mooney, concerning the fall Mom sustained was created to prevent the NC State Medical Examiner from ordering an autopsy. The "late entry" was dated the day after the State Medical Examiners office was supposed to request Mom's records from Hendersonville Health and Rehabilitation. They were faxed from Hendersonville Health an Rehabilitation to someone on the next day and the day after that I was notified by the Medical examiner that they were not going to order an autopsy. The "late entry" states that Lara Mooney LPN witnessed Mom sliding out of bed, and that she specifically did not hit her head. The roommate's statement is that she woke up to Mom lying in the floor face down calling for help. She also states that she pulled the call light and no one came, then she had to call out to two CNA's passing the room to get help.
If the NC State Medical Examiner had received the roommate's statement they would have had a reason to order an autopsy. Was Lara Mooney's statement created to prevent an autopsy that could have proved the cause of  Mom's death? All I know is that it sure looks that way to me, and the documents support that theory. Why would the roommate fabricate a story in such detail?
Why would the NCDHSR be so opposed to looking at what I have found in their own documents. Is it because they are used to covering up for the mistakes made by the nursing homes. Is it because they are in the pockets of the wealthy nursing home owners and shareholders who also happen to be politicians in many cases. Could that explain the reason not one official I have spoken with is willing to even consider the evidence I have collected? Believe me I have spoken to anyone who would give me the courtesy of listening, and some that had to be coerced.
Who do you go to when you know something is wrong? The agency that has kept me from getting anywhere is the NCDHHS. If they would review their own findings and admit they made a few mistakes it would open many doors for other actions. If you consider that their " findings " prevented us from taking any other actions, you would realize the importance of my persistence.
When you look at the picture above, would you have had a doctor examine her. Consider that the picture is the actual picture taken after the surgery. How much healing can take place in seven weeks? Everything I found says it takes a full year for the skull to heal. Did Lara Mooney make the proper decision the night of the fall? All they did was take Mom's vitals and put her back in bed. All it takes to determine if there was damage to the brain is to check the pupils, they didn't even do that. Unless Dr. Russell actually saw her after the fall as Mr. Davis stated in one of his stories. However there were no notes anywhere in Mom's medical records that indicate that Dr. Russell ever even saw her. None of the family, that was there all the time ever saw Dr. Russell.
In my next post I will show the copies of the conflicting reports written by Todd Davis, and examples of the sloppy record keeping at Hendersonville Health and Rehabilitation.

Sunday, December 28, 2014

NCDHSR , Comitted to serving the people of our State, or puppets of the big medical machine. Violating civil rights on a daily basis!

The following was copied and pasted from the NCDHHS website. The  comments in bold are my experiences in dealing with them.
The mission of the N.C. Department of Health and Human Services is, in collaboration with our partners, to protect the health and safety of all North Carolinians and provide essential human services.
The mission of the Division of Health Service Regulation is to provide for the health, safety and well-being of individuals through effective regulatory and remedial activities including appropriate consultation and training opportunities and by improving access to health care delivery systems through the rational allocation of needed facilities and services.
We will focus on: customer; employees and work teams; managed care and traditional providers; and outcomes and continued improvement. We will carry out our activities by being: responsive; respectful of others; collaborative; and communicative and committed to serving the people of our state.
First of all the NCDHSR is not looking out for the " health, safety, and wellbeing of individuals. This is obvious in the fact that they will not even discuss, let alone explain the discrepancies and false statements in their investigation reports. I have asked specific questions related to the complaint investigation regarding my Mother's situation.
I started with the Western Regional Director, Todd Davis, no response. Then I went to Beverly Speroff, the division chief of the NCDHSR , she basically dismissed my questions and told me I could file another complaint.
Next step was Dr. Aldona Wos, the secretary of the NCDHHS, appointed by Governor Pat McCrory. Her response was the same as the others, they were not willing to comment on why their report was full of false information and incomplete records. I challenge the legality of their refusal to "collaborate, and communicate with the people of the State of NC.

The North Carolina Medical Care Commission was established in 1945.  In 1946, the commission was designated as the agency empowered to administer the Hill-Burton program within the state.  Pursuant to the Executive Organization Act of 1973, the 17-member Commission was incorporated into the Department of Health and Human Services.
The commission has the duty and power to promulgate, adopt, amend and rescind rules in accordance with the laws of the state regarding the regulation and licensing or certification, as applicable, of hospitals, hospices, free standing outpatient surgical facilities, nursing homes, adult care homes, home care agencies, nursing pools, facilities providing mammography/pap smear services, free standing abortion clinics, ambulances and emergency medical services personnel.
In 1975, the North Carolina General Assembly enacted the Health Care Facilities Finance Act, which enables the commission to issue tax-exempt revenue bonds to finance construction and equipment projects for non-profit and public hospitals, nursing homes, continuing care facilities for the elderly and facilities related to the foregoing.
When all of this began, one of the members of this commission, Gerald P. Cox, was directly connected to the owners of Hendersonville Health and Rehabilitation. Mr Cox was also the owner of Autumn Care Nursing Homes in North Carolina and Virginia. This commission has the authority to promulgate, adopt , amend and rescind the rules governing nursing homes. Is it not a conflict of intrest for an owner of nursing homes is on the commission that regulates them? I for one question the integrity of Mr. Cox and the other members of the commission. Is anyone naïve to believe they are not serving themselves and their friends rather than the public interest?

The Nursing Home Licensure and Certification Section   regulates nursing homes by conducting routine   surveys and complaint investigations. It provides licensing services such as changes in beds and ownership. It provides regulatory education to promote compliance with Federal regulations for   Medicare/Medicaid certification.
If this is the case, Medicare and Medicaid are in serious trouble. Is it just a coincidence that Governor McCrory refused all that Medicaid money? Is it possible that he didn't want the Feds looking at what the money was spent on and who benefitted from it?
He does appoint the Secretary of the NCDHHS and the members of the Medical Care Commission. Why let the Feds in on your private little party of friends.

To sum it all up, if you have a problem with any branch of the NCDHHS you are simply out of luck. Even if you can prove that mistakes were made, and they did not do their jobs, who is going to listen? I've been trying for three years and believe my Civil Rights have been violated by several agencies including the NCDHHS, Office of the Inspector General, and even the FBI. What do you do about it, I haven't got a clue but I will continue to demand that my rights are no longer violated. This is a prime example of how private corporations are in charge of our Government. This has to be stopped before it is too late, if it is not already! 

Sunday, December 14, 2014

Todd Davis, Western Regional Director of the NCDHSR. Promoted because of incopetence or doing someone a favor?

In my last post I spoke of the need for reform in regards to the way the nursing homes operate. This post I will provide some of my own ideas on what I feel is needed.
First I will start with the North Carolina Department of Health Service Regulation NCDHSR. This is a branch of the North Carolina Department of Health and Human Services, which is the State level branch of Health and Human Services, a Federal agency.
The NCDHSR is responsible for the enforcement of nursing home regulations. They are the ones who are actually doing the inspections allowing the nursing homes to maintain their licenses. They are also the ones that conduct any complaint investigations against nursing homes. The investigations, or "surveys" are conducted by personnel hired from the nursing industry. They conduct their investigations in teams. They supposedly review medical records, interview residents and staff, and conduct walkthrough inspections.
When they are conducting an inspection they first report to the Director of Nursing to announce their arrival. The Director of Nursing then announces over the intercom that there are State inspectors on site. They also post a sign on all entry doors alerting anyone entering the building that they are being inspected. In my opinion, this is the first thing that needs to change. How do you expect to properly inspect a facility when the staff has an advance warning. The inspectors are usually the same people as well. The first thing the staff does is hurry from room to room to correct anything that was cited in previous inspections, or that is obviously a violation of the rules.
I would propose that inspections be conducted without warning or announcement. Do they really expect the staff to go about business as usual, knowing someone is watching? What would happen if the inspectors walked in the door just as visitors do? I am guessing that they would find more violations than they could write down. The way they carry out these inspections, it appears they don't want to find violations.
 I realize that some of their rules are not as important as others, however they are still rules. As an example, they are supposed to post the staff levels and resident population daily in a conspicuous place. I was in Hendersonville Health and Rehabilitation during an investigation and the information posted was a week old. I reviewed the results of that investigation, and there were no violations found. Were they really looking or are these investigations simply a formality.
I also propose that someone who is not a former nursing home employee be on the team. I understand that there are HIPPA concerns, but these people would be no different than a receptionist in a doctors office. I believe that when you work in the business, you are used to working under staffed and out of empathy, ignore violations.
Then there are the interviews with residents. I am sure that most residents are afraid to tell the truth. They are already getting substandard care, and experience a great deal of intimidation. Knowing the workings of Hendersonville Health and Rehabilitation, the residents interviewed are probably chosen by the Director of Nursing. The ones that I've read do not reflect the overall treatment of patients.
There are also surveyors notes sheets. In Mom's case the surveyors notes contained two statements concerning a fall, each one said the opposite of the other. I was told that they were just a statement made by the Doctor. That is evidently enough for the NCDHSR, even though they are contradictory. I even went so far as to send them a copy of the notes, and asked for an explanation. They replied that the investigation was done in the past and that I could file another complaint if that wasn't good enough. Coincidentally the lead investigator Todd Davis, the same person that wrote the conflicting statements was promoted to regional director. Obviously incompetence is rewarded within the NCDHSR.
Reform would have start by dealing with the incompetence of the NCDHSR. Which would then lead to the NCDHHS. When I contacted  Aldona Wos the Secretary of the NCDHHS, I was basically told that they would not even answer the question of why there were two different accounts of one incident.
More to come, this is just the beginning of what needs to be reformed!

Sunday, December 7, 2014

With the politicians owning and financially benefitting, where will the reform come from? Certainly not the NCDHHS, they work for the politicians!

I am sitting here this morning thinking about what has happened in the last three years. My brother and I have reached out to countless people in order to determine if Hendersonville Health and Rehabilitation and Dr. Larry Joe Russell, violated any laws or regulations. We have found that they continue to operate with no fear from anyone.
I have been inside Hendersonville Health and Rehabilitation this year over a one month period visiting a friend. In that time I personally witnessed many violations of NCDHSR regulations. There was even a NCDHSR complaint investigation conducted during that time. Even with the sign on the front door stating that there was a NCDHSR investigation going on, I still witnessed violations.
The problem is that the DHHS refuses to listen to the public. They will side with the nursing home every time. Try to dispute any of the DHHS findings and see how far you get. I have in my possession documents that are full of inaccuracies and sometimes even contradict themselves. When I contacted Beverley Speroff, the chief of the nursing home licensure division of the NCDHSR, I was told they were not willing to look at the documents. I even went so far as to ask for clarification of the documents, again refused. I sent a list of specific questions pertaining to the investigation they supposedly conducted on my complaint. They refused to even answer any of the questions.
I then took it to the next level, I contacted Aldona Wos, the Secretary of the NCDHHS. I simply explained my situation and asked for her to intervene. The first letter I sent was ignored, the second was sent registered mail and I did get a response. The letter made no reference to the first letter and was from Secretary Wos's chief of staff. Again they refused to even look at the report. It seems that they have no concern for the public safety. They also could care less about the concerns of a voting citizen of the United States and North Carolina. The reason is they are not elected, they are appointed by the Governor.
As I have stated in the past I am receiving help from a United States Congressman. It took several emails to get through to him, I finally went to his office and met with a staff member. I have requested a meeting with the Congressman himself, and have never been granted that meeting. The same Congressman was here to participate in a local parade before the elections, but no time to meet with me. I feel that he is trying to help, but either he has too many friends connected to the nursing home business, or he just doesn't want to get into something so big.
In my last post I wrote of politicians benefitting from " Obama Care ", specifically the Frist family. This morning on Meet the Press, they were discussing Congressmen and Senators and their rise in economic status in recent years. What a surprise that was right? Then while speaking about income amounts, they stated that Congressmen and Senators do not have to list in their income ownership interests in properties in their reports. Is it any wonder that there are many members of the Senate and Congress that own nursing home properties. I am not implying that the Congressman that I'm dealing with is one of them. I would be willing to guess that he has a few friends that are profiting from ownership in these homes.
It is truly a disgrace that with all the money they are making, they still cant ensure the residents needs are satisfied. I'm not talking about facials and massages, I'm talking about basic care. Things like showers, help eating, assistance with toileting, and even making sure they get the right medication at the right time. A resident in a nursing is simply a source of income for people that are already wealthy. This industry cries for reform, from the NCDHSR down to the ownership and operations. However with so many politicians involved in the ownership of these places, I don't know how there will ever be reform. Why would they do something that would take money from their own pockets. Especially if the only people benefitting would be the elderly residents who probably don't even vote. Why would they give up the $5.00 or so it would cost to get a shower, if they could put that $5.00 in their pockets.