Wednesday, December 8, 2021

Wilmington nursing home neglect: Here's how to report abuse

by Sydney Hoover

The North Chase Nursing and Rehabilitation Center

Treesie Paradis wasn't allowed to visit her mother at NorthChase Nursing and Rehabilitation Center due to COVID restrictions. Her mother, Juanita Hale, told her nurses weren't responding when she pressed a call button asking for help using the bathroom.

Once Paradis was able to visit, she said she found Hale with a puddle of urine under her wheelchair and all her clothes soaked through. Before she was able to meet with administrators, her mother contracted a urinary tract infection that led to her being hospitalized. Paradis’ mother died a month later.  

While Hale was in the hospital, a nurse referred the family to a social worker for a "safety evaluation," according to medical records. 

Julian March, media relations coordinator for New Hanover Regional Medical Center, said anyone "with a reasonable cause" to believe an older adult or an adult with a disability is in need of protective services would report that information to local social services. 

But for many families, neglect doesn’t reach the point of hospitalization, leaving them to navigate the reporting process on their own. 

What is nursing home neglect?

Around 5 million elderly Americans experience nursing home abuse each year, according to the National Association of Nursing Home Attorneys. One in 10 people age 60 or older experience some form of elder abuse, which can include psychological, physical or sexual abuse, neglect, or financial exploitation. 

The association also reported as many as 90% of nursing homes are not staffed adequately, and the nurse's aide-to-resident ratio is typically one-to-15, when it should be closer to one-to-six. 

In Wilmington, NorthChase was not the only nursing home to have been in the spotlight this year for allegations of neglect. An April investigation of Spring Arbor of Wilmington revealed neglect in care for residents when a man died after being assaulted by another resident. The family of the man, Garland Garrett Jr., filed a lawsuit against the facility.

Both facilities were previously found in violation of state rules and regulations.

When a nursing home resident is admitted to the New Hanover Regional Medical Center, policy requires any suspected neglect be reported to social services. But other families have taken it into their own hands to report neglect and abuse in nursing homes to the state, which then ultimately resulted in investigations.  

Christane Long said her grandmother, a former NorthChase resident, was often found with soiled underwear or with bruises. She died in June after suffering a stroke. 

Long filed a complaint with the state by phone and was informed an investigation would be conducted. She later received a letter that outlined findings from the investigation, which informed her one of her claims was substantiated, though the letter did not specify which one.

Reporting and inspecting facilities

North Carolina nursing homes are licensed by the Division of Health Service Regulation’s Nursing Home Licensure and Certification Section and are required to follow state rules and regulations.

Most nursing homes in the state are also in the Medicare/Medicaid program and are then required to follow federal rules and regulations as well, said Kelly Haight, communications manager for the state’s Department of Health and Human Services. 

Nursing homes are regularly inspected, typically every nine-to-15 months, Haight said, and surveyors check for compliance for a number of residents’ rights identified by the state, like the right to be free from abuse, neglect, and exploitation, and the right to a quality of life and care, among others. 

Additional inspections can come out of complaints made to the department by residents, their families or others made by phone, fax or mail.

Complaints are only investigated if the incident occurred within the last year and are prioritized by level of severity. Investigations are unannounced, unlike in routine inspections, and complainants' identities remain confidential throughout the process. Any complaints submitted to the state are “reviewed and triaged for appropriate follow-up,” Haight said.  

Any issues found during the inspection will result in a “Statement of Deficiency” report, and the facility must create a plan of correction for those deficiencies. Haight said facilities could also face other penalties. 

Surveyors will then follow up with the home to make sure it corrected any deficiencies that were cited. Reports made during and after inspections can be viewed on the Division of Health Service Regulation website.

If you believe your loved one is being abused or neglected, you can file a complaint with the N.C. Division of Health Service Regulation. Complaints can be filed over the phone by calling 1-800-624-3004 or 919-855-4500 between the hours of 9 a.m. and noon and 1 - 4 p.m. Monday through Friday.

Complaints can also be faxed to 919-715-7724 by printing and filling out the complaint form found on the division's website, or you can mail the complaint form to Complaint Intake Unit, 2711 Mail Service Center, Raleigh, NC 27699-2711.

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