I often receive calls from local citizens who are searching for a decent nursing home for the placement of a loved one. As a nursing home abuse lawyer who handles cases in Sarasota, Venice, Englewood, Bradenton and throughout much of Florida, I examine complaint and annual surveys of area nursing homes. If you are in the process of selecting a nursing home in Sarasota County, Manatee County or Charlotte County, Florida, you should be aware that the State of Florida Agency for Healthcare Administration regulates nursing homes and conducts annual surveys and complaint investigations. Those nursing homes with a pattern of problems are often placed on the state’s “Nursing Home Watch List.”
On December 15, 2014, the State of Florida Agency for Healthcare Administration conducted an unannounced investigation at Bay Breeze Health and Rehabilitation Center, which is located at 1026 Albee Farm Road, Venice, FL 34285. At that time, state investigators cited Bay Breeze Health and Rehabilitation Center for failing to meet the guidelines set forth under the Nursing Home Reform Act of 1987 signed into law by President Ronald Reagan. Those citations of deficiencies against Bay Breeze Health and Rehabilitation Center included:
F164 – Failing to ensure that residents’ rights to privacy and confidentiality in records, treatments, visits, accommodations, communications, and meetings are met.
F225 – Failing to ensure that the facility does not employ individuals who have been found guilty of abusing, neglecting, or mistreating residents by a court of law or who have had a finding entered into the state nurse aide registry concerning abuse, neglect, mistreatment of residents or misappropriation of their property.
F226 – Failing to ensure that the facility develops and implements written policies and procedures that prohibit mistreatment, neglect, and abuse of residents and misappropriation of resident property and that the facility must not use verbal, mental, sexual, or physical abuse, corporal punishment, or involuntary seclusion.
F242 – Failing to ensure that the resident has the right to choose activities, schedules, and health care consistent with his or her interests, assessments, and plans of care; interact with members of the community both inside and outside the facility; and make choices about aspects of his or her life in the facility that are significant to the resident.
F247 Failing to ensure that the resident receives notice before the resident’s room or roommate in the facility is changed.
F272 – Failing to ensure that the facility makes a comprehensive assessment of a resident’s needs, using the resident assessment instrument (RAI) specified by the State. The assessment must include at least the following: (i) Identification and demographic information, (ii) Customary routine., (iii) Cognitive patterns, (iv) Communication, (v) Vision, (vi) Mood and behavior patterns, (vii) Psychosocial well-being.
(viii) Physical functioning and structural problems, (ix) Continence., (x) Disease diagnoses and health conditions, (xi) Dental and nutritional status, (xii) Skin condition, (xiii) Activity pursuit, (xiv) Medications, (xv) Special treatments and procedures, (xvi) Discharge potential, (xvii) Documentation of summary information regarding the additional assessment performed through the resident assessment protocols,
(xviii) Documentation of participation in assessment. The assessment process must include direct observation and communication with the resident, as well as communication with licensed and non-licensed direct care staff members on all shifts.
F280 – Failing to ensure that facility develops a comprehensive care plan within 7 days after completion of the comprehensive assessment; Prepared by an interdisciplinary team, that includes the attending physician, a registered nurse with responsibility for the resident, and other appropriate staff in disciplines as determined by the resident’s needs, and, to the extent practicable, the participation of the resident, the resident’s family or the resident’s legal representative; and (iii) Periodically reviewed and revised by a team of qualified persons after each assessment.
F315 – Failing to ensure that a resident who enters the facility without an indwelling catheter is not catheterized unless the resident’s clinical condition demonstrates that catheterization was necessary; and that a resident who is incontinent of bladder receives appropriate treatment and services to prevent urinary tract infections and restore as much normal bladder function as possible.
F364 – Failing to ensure that the facility provides to each resident food prepared by methods that conserve nutritive value, flavor, and appearance and that is palatable, attractive, and at the proper temperature.
F371 – Failing to ensure that the facility stores, prepares, distributes and serves food under sanitary conditions.
F431 – Failing to ensure that drugs and biologicals used in the facility are labeled in accordance with currently accepted professional principles, and include the appropriate accessory and cautionary instructions, and the expiration date when applicable.
Nursing homes like Bay Breeze Health and Rehabilitation Center are required to comply with the above provisions that are contained within the Nursing Home Reform Act of 1987 in exchange for receiving taxpayer money through Medicare and Medicaid. Nursing home abuse and neglect lawyer, James Keim, seeks to hold those nursing homes accountable for the serious harm they cause by failing to follow the law and neglecting and abusing the most frail and vulnerable citizens in Florida which they are obligated to protect. If you have questions about a Florida nursing home or wish to discuss a potential case of abuse and neglect with a local nursing home abuse and neglect lawyer who has evaluated hundreds of claims, please feel free to call me, James Keim, Attorney at Law at (941) 485-7600. I always provide a free consultation and personally handle every case, and you will not be passed off to some middleman or junior level associate. All cases are handled on a contingency fee and cost basis. This means that you pay no fee or costs unless we obtain a settlement, award or verdict.