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Inspections of San Bernardino nursing homes reveals frightening results

El Chicano Weekly - 9/16/2014

Results of state-conducted inspections and first-hand physical observations showed there's potential danger to those living in one of the City of San Bernardino's 11 skilled nursing facilities.

Complaints and deficiencies against nursing homes in San Bernardino number well above the state and national average. California advocates for nursing home residents say it is a multi-billion dollar industry filled with mismanagement and corruption at the highest levels.

When shopping around, experts recommend choosing an assisted living-type facility, however those are usually for families with more money. In the end, health care officials say when the funds go dry and family and friends disappear, most of the population will end up in a Medicare/MediCal funded community care facility.

"You practically have to kill somebody before you can get anyone to listen," said Pat McGinnis, Executive Director of California Advocates for Nursing Home Reform. "You have to follow the money. Those who own nursing homes are large corporations. They are in it for the profit." McGinnis spoke by phone from her office in San Francisco, where she founded CANHF in 1983. She teaches Gerontology at San Francisco State and has testified before Congress and has been featured on PBS Frontline.

"You ask me if things have gotten better in the last 30 years. No, they have not. There's not enough regulatory oversight," said McGinnis. She explained that enforcement of nursing homes needs to move faster. "A complaint against a facility can take years to be resolved. By then the patient could have died and the family loses the chance to take action." McGinnis and others have been instrumental in getting community care facility inspection results posted on-line.

Currently, someone shopping for a nursing home or assisted living facility can look at the number of complaints and deficiencies that have been filed against a home. There are in depth reports available for review posted by Medicare.gov, and the California Department of Public Health. McGinnis and CANHF also compiles and posts data from numerous agencies. Owners of care facilities say they are over regulated, with mounds of paperwork and do not receive medicare payments in a timely manner. Nursing home operators say government cutbacks have limited their ability to provide needed services.

McGinnis pointed out that people are getting rich by owning nursing homes and any red tape goes with the territory. The most thorough inspection reports comes from the Department of Health and Human Services, Centers for Medicare and Medicaid Services. For instance, the 78-bed Shandin Hills nursing home in San Bernardino showed it's received 164 deficiencies and has 342 complaints against it since 2009.

The 166-bed Waterman Convalescent nursing home was written up last year for failure to properly care for patients and for not maintaining drug records according to professional standards. State inspectors wrote that Waterman Convalescent did not have an adequate program to control infection. One patient did not receive her required oxygen. Another patient claimed she layed in her urine soaked diaper for six hours. Waterman Convalescent has received 159 deficiencies and 322 complaints since 2009.

The 5 8-bed Arrowhead Home on North Sierra Way had a low number of deficiencies and complaints against it, however it was reported to be negligent in keeping residents safe from serious medication errors. It was said lacking in giving residents a notice of their right's and for not furnishing consent forms prior to treatment.

Legacy Post Acute Rehabilitation Center has been allowed to remain open despite being written up for numerous health and safety infractions. Inspectors wrote that doctors at Legacy did not review resident's plan for care at every visit. Drug records were not properly recorded nor labeled according to accepted professional standards. Accurate clinical records of patients were not kept. A variety of food preparation areas were described as being coated with greasy residual.

California Department of Public Health spokesman Corey Egel replied in an email that nursing homes are inspected about once a year, but facilities with more complaints get surveyed more often. Egel said inspections are conducted without notice. He said any deficiencies must be answered in a written plan of correction by the provider within ten working days.

Other notable nursing homes outside of San Bernardino not included in this random selection was Sierra Vista in Highland, who totaled a whopping 2059 complaints and 132 deficiencies since 2009. Both Braswell's and the Vets Home in Barstow also accumulated disappointing inspection results.

Most nursing homes rectify deficiencies immediately upon notice and are cooperative, says San Bernardino County Ombudsman Vince Wrzalinski. "What is frustrating, is to see those same problems occurring over and over again." Wrzalinski and his team of volunteer's are the first to investigate when complaints arise at nursing homes. If problems persist, the ombudsman can either notify state officials, call for a police report, or seek counsel with the San Bernardino County District Attorney. Wrzalinski feels enforcing state legislation is hard due to a lack of funding.

A call to the CDPH, Office of Licensing in San Bernardino, was put on hold four times. A person identified as a supervisor (Donna) said she could not answer any questions and did not know the name of the person in her office who could answer. Attempts to get comment from local nursing home administrators were not successful.

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