Lawmakers and senior advocates in Maryland are concerned that not enough of the state’s nursing homes are being inspected on a timely basis, Maryland Matters reports.
The Department of Health has been trying to reduce a backlog of inspections at the state’s 220 nursing homes that spans the past several years. And though over half the facilities have been inspected within the last 16 months, worries remain about conditions at the nursing homes that have yet to be checked.
StarPro, which tracks data on the nation’s nursing homes, reports that Maryland ranks second to last in the United States on the time taken to inspect nursing homes. The state’s facilities go without inspections for an average of 2.44 years compared to the national average of 0.97 years. Only Alabama has a longer inspection lag time.
Advocates for senior citizens emphasized the importance of inspections in making sure nursing home residents are living in safe conditions.
“How do we hold owners of nursing homes accountable for the care in the places where these folks are staying?” asked Bruce Hartung, president of the Maryland Continuing Care Residents’ Association. “Without inspections, we simply have no idea how these folks are living — and in what conditions they are living.”
The nursing home inspections are required by U.S. Centers for Medicare and Medicaid Services, but federal data indicates some facilities in Maryland have not been inspected for at least four years.
Responding to the issue, Maryland state lawmakers passed a bill that requires the Maryland Department of Health to submit quarterly reports to lawmakers on the status of inspections and mandates semiannual updates from the Office of Health Care Quality to counties detailing local inspection progress. The measure is awaiting the governor’s signature.
“These are the most vulnerable people in our population,” said the bill’s sponsor, Sen. Benjamin Kramer (D-Montgomery). “And nobody is putting eyes on the nursing home to ensure that these seniors are being properly cared for.”
State health officials estimate it will take about two more years to catch up on all the inspections, which can take about a week to conduct at each facility.
Hank Greenberg, AARP Maryland state director, was quoted as saying the lack of adequate inspections can leave nursing home residents without the quality of care they need.
“This can result in preventable injuries, a decline in overall resident well-being, and really contributes to the fact that their could be abuse and neglect that don’t rise as quickly as they should,” he said. “And keeps people from being able to know that things will be addressed.”
As reported by McKnights Long-Term Care News, a group of nursing home residents in Maryland filed a class action suit against the state Department of Health last year, alleging that the lag in inspections contributed to the neglect they experienced in their facilities.
The plaintiffs, who have disabilities that affect their mobility, contend that state officials are violating the Americans with Disabilities Act and another federal statute due to the inspection backlog.
“Because of Plaintiffs’ mobility impairments, this lack of accountability leaves Plaintiffs in situations where they are vulnerable to neglect and mistreatment, which lead to pressure ulcers, falls and unnecessary seclusion,” the lawsuit alleges. “Plaintiffs have suffered and continue to suffer personal degradation and significant physical and psychosocial harm as a result of Defendants’ failures.”
It is believed to be the first lawsuit attempting to force a state to conduct annual inspection surveys and investigate complaints related to nursing home residents.
Deficiencies in Nursing Home Care
The lack of inspections underscores the importance of holding nursing homes accountable for the care they provide, at a time when many facilities have deficiencies and inadequate staffing levels.
-In 2023, 26% of nursing facilities had serious deficiencies, up from 17% in 2015, potentially due to decreased staffing.
-The average hours of care per resident per day dropped 9% from 4.13 hours in 2015 to 3.77 hours in 2023.
-U.S. nursing homes were fined $153 million in 2023 for health violations, around $10,000 per facility.
-The most common citation (30%) was for not reporting suspected abuse or neglect promptly.
Taking Action To Protect Loved Ones
If your loved one has been the victim of nursing home abuse or neglect, don’t hesitate to seek legal help. By consulting with an experienced nursing home abuse attorney, you can take a powerful step towards protecting your loved one’s rights, holding abusers accountable, and securing the compensation your loved one deserves.
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