Showing posts with label Nursing home workers. Show all posts
Showing posts with label Nursing home workers. Show all posts

Saturday, October 5, 2024

Claims for $18 million in back wages for nursing home workers fail


by Kris B. Mamula

Nine bankrupt nursing homes are being sold in the Pittsburgh area free and clear of all claims, leaving 5,595 hourly workers out millions of dollars in back pay they are owed.

U.S. Bankruptcy Court Judge Carlota Bohm approved selling the for-profit nursing homes, owned by South Hills Operations LLC, to Palmyra, Pa.-based Kadima Healthcare for $53 million. The deal is expected to close by Oct. 31.

Last month, the U.S. Department of Justice entered a judgment in bankruptcy court for $35.8 million in back wages and penalties against South Hills Operations LLC, which filed for voluntary protection from creditors May 17 under Chapter 11 of the U.S. Bankruptcy Code. The amount includes nearly $18 million in back wages alone.

But the sales agreement approved by Judge Bohm Sept. 30 freed the new owners from all claims, which bankruptcy law typically allows.

Department of Justice attorney Cortney R. Robinson wrote in a court filing that the debtors were “jointly and severally liable” for the claim. She declined to comment further.

In July, U.S. District Court for the Western District of Pennsylvania Judge William S. Stickman ruled that the nursing home owners had violated labor law by systematically shorting wages for thousands of workers at 15 area nursing homes, including the nine facilities sold to Kadima.

Previously, the U.S. Department of Labor argued that a proposed sale of the nursing homes was intended to “opportunistically offload” company assets to frustrate the government’s efforts to recover the wages owed to employees.

The nursing homes being sold are: The Grove at Greenville, Mercer County; The Grove at New Wilmington, Lawrence County; the Grove at North Huntingdon, Westmoreland County; The Grove at New Castle, Lawrence County; the Grove at Washington, Washington County; The Grove at Harmony, Butler County; The Grove at Latrobe, Westmoreland County; Cheswick Rehabilitation and Wellness Center, Allegheny County; and North Strabane Rehabilitation & Wellness Center, Washington County. The facilities have a total of 930 beds.

“The buyers and new operators shall not be liable for any claims the United States or other federal government authority may have against the debtors,” according to the sales agreement that was hammered out with the new owners. The new operators “are free of any Department of Labor claims.”

In addition to the nine facilities, four other related skilled care centers were sold to Cedarhurst, N.Y-based Wecare Centers in July.

The sale agreement for the nine nursing homes also stipulated that none of the existing labor agreements with SEIU Healthcare Pennsylvania had to be honored. At the same time, SEIU will be recognized as the “exclusive bargaining agent” in negotiating new contracts.

Full Article & Source:
Claims for $18 million in back wages for nursing home workers fail

Sunday, August 28, 2022

Nursing home workers at 24 facilities throughout Pa. issue notices to strike


By Briana Smith

PITTSBURGH (KDKA) -- Workers at two dozen nursing home facilities across Pennsylvania have sent out notices that they intend to strike. 

SEIU Healthcare Pennsylvania says Guardian Healthcare and two chains owned by Mordy Lahasky, Comprehensive Healthcare and Priority Healthcare, have refused to bargain in good faith.

"This workforce has been through so much," said SEIU Healthcare Pennsylvania President Matt Yarnell. "They've been called heroes. Now's the time to pony up and make these good jobs."

Healthcare workers at facilities like The Grove at Irwin, The Grove at New Castle, The Grove at Washington, Beaver Valley Healthcare and Rehab and Clarion Health and Rehab voted to send out strike notices for unfair labor practices.

"We as a union want to make sure that people get good high-quality care, workers have a seat at the table through their union, and we want these careers to be good careers," said Yarnell. "We want the people to be protected, respected, paid and staffed."

The strike notice involves issues related to the use of agency staff or the regulatory staffing ratios set to go into effect this year.

The union says management also offered lower raises than last year, despite nursing homes receiving $600 million in state funding. Yarnell said they need to set minimum wages to $16 an hour for ancillary people who do the housekeeping and maintain a safe space. 

"We need to set wage minimums for certified nursing assistants," said Yarnell. "Twenty dollars an hour walking in the door and we think we have to set minimums of $25 for nurses, and those are minimums. We also need to get significant increases for people who have been there."

The workers have a list of demands including a substantial increase in wages, employer-paid health insurance and ensuring employers follow new state regulations.

"They need to be able to put their family on their healthcare," said Yarnell. "Many of these folks caught COVID, took it home to their families and couldn't cover their families with their care," said Yarnell. 

By law, nursing home administrators must receive a 10-day notice before a strike. If nothing changes and the two sides don't come to an agreement, the strikes will begin on Sept. 2. 

"Nobody wants to go on strike on Sept. 2, and at the same time, I think our members are really righteously angry," said Yarnell. "We've done all this work. We fought so hard. We want to make these good jobs and we're met with tremendous resistance to invest."

Yarnell said they'll continue to have conversations with the companies.

KDKA reached out to Guardian Healthcare for comment but hasn't heard back yet. KDKA was unable to get in contact with anyone from Comprehensive Healthcare and Priority Healthcare because of their lack of contact information. 

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Monday, January 4, 2021

3 in 5 Ohio nursing home workers have refused the coronavirus vaccine; we asked why

getty stock vaccination 640x420
(Getty Images)

CEDARVILLE — Three out of every five long-term care facility workers in Ohio have refused the coronavirus vaccine, Gov. Mike DeWine said Wednesday.

Many remain skeptical about the vaccine’s safety, health officials said, while others are chilled by deep-seated distrust of government or even fringe conspiracies of malicious intent.

The rate of refusals is based on anecdotal reports from statewide vaccination clinics, the governor said during a briefing on the state’s coronavirus response Wednesday. By then, agencies across the state had yet to make use of even a fifth of about 529,000 vaccine doses shipped thus far.

Though the partnering pharmacies administering the vaccine in Ohio’s nursing homes — in the Mahoning Valley, that’s Walgreens and CVS — are “on track” to finish up their first round of vaccines in the next couple of weeks, “the bigger concern is the number of staff that are not taking it,” DeWine said Wednesday.

DeWine conferred on Christmas Eve about the refusals with the Ohio Health Care Association, which represents more than 1,000 long-term care facilities statewide, said Executive Director Pete Van Runkle.

At some of the association’s member facilities, all staff have accepted the vaccine; at others, only a fifth, he said.

Anecdotally, most of workers’ concerns are about safety — whether this brand new vaccine, which was brought to bear at unprecedented speed, has yet-unknown long-term side effects; specifically, an impact on the reproductive system — but some concerns swing into the wild fringe.

He’s also heard anecdotal reports that workers believe the vaccine contains a microchip or that it will somehow negatively affect minorities — “stuff that floats around on social media … it strikes one as craziness,” he said.

“It becomes somewhat of a political issue. There’s folks that are anti-vaccination for political reasons, too,” Van Runkle said. “It’s a challenging issue. We knew it was before all this started. There’s just so much sentiment out there, just in the general public, of people who are skeptical about the vaccine.”

Since the start of vaccine distribution in Ohio, Bobbi Terwilliger, a representative with the Youngstown-based Teamsters Local 377, has been fielding questions from her members about the vaccine’s safety.

She represents nursing home staff like nurse aides and kitchen workers who are part of Ohio’s first vaccination group, Phase 1A, and among the first in the world to receive the vaccine.

When members call seeking additional information, Terwilliger advises them to reach out to their pharmacists; she noted CVS and Walgreens have done a good job of getting information to people with questions.

“Put it in simple terms for them,” she said. After a year of being inundated with horrifying studies and statistics about COVID-19, “it’s just a matter of speaking to people in plain English.”

She advises employers of places like nursing homes to approach workers who have concerns and ask about them.

“It might be something simple,” she said. “Give it a shot. Maybe it would make it a little more palatable.”

When it comes to the anxiety and confusion, Terwilliger blames the hyper-partisan political atmosphere and stigma around public health measures like masks and vaccines. 

People are being coy about whether they’ve had the virus or gotten the vaccine, she said, fearing backlash from others online.

“There’s a lot of stigma created from our president down, about mask-wearing and all this other garbage to the point that people just don’t want to be harassed,” she said. 

After receiving wildly mixed messages from politicians throughout the entire pandemic, people are looking for understandable information and don’t know where to turn.

“People are not trusting anything that’s coming out of the state and out of the federal government. They’re just scared of putting this in their body. They don’t know what they should do," Terwilliger said.

The association is trying to counteract misinformation with new educational materials on vaccine science — “mythbusting,” Van Runkle said. Facilities are also finding success with internally released videos featuring caregivers who give their reasons for taking the vaccine, he said.

Some facilities have even resorted to incentivizing vaccination rate goals with random prize drawings.

“It can’t just be left to happenstance,” Van Runkle said. “We have to continue our leadership of our facilities. Our members have to continue to try to find ways to educate and convince.”

Long-term care facility residents, however, have widely been more accepting of the vaccine, typically 90 percent from facility to facility, he said.

“That’s obviously a defense for those residents. Even if that staff member comes in and is infectious, the residents aren’t gonna get it,” he said. “The other part is to redouble our efforts to convince staff they need to participate.”

Long-term care facility residents make up 52 percent of all confirmed and probable COVID-19 deaths in Trumbull County; 55 percent of the deaths in Columbiana; and 65 percent of the deaths in Mahoning.

The hospice care facility housing Renee Ciotti’s 92-year-old mother is due to receive its first shipment of the coronavirus vaccine on Jan. 12, Ciotti said.

For seven months, Ciotti, of Salem, had been driving to her mother’s Streetsboro assisted-living facility during two-hour windows in the morning and afternoon, for 20-minute visits. Since transitioning her mother into hospice care, she’s been able to visit regularly and has heard similar concerns about the vaccine from caregivers who have turned it down.

“I would certainly wish all of them would get the vaccine. It would relieve a lot of stress for residents and families,” she told Mahoning Matters. “I do, however, understand why some of the younger females would refuse.

“Some might want to start a family and are unsure of the side effects down the road.”

In that regard, Van Runkle pointed to reports of women who conceived during the coronavirus vaccine trials.

Since the federal vaccine rollout for nursing homes is being done in three visits, he hopes those who turned it down on the first visit will “see their coworkers didn’t suffer any ill effects, or at least anything that will convince them to step up on the second round.”

For those who pass it up entirely, DeWine warned it’s unclear when the currently scarce vaccine may come around again.

“We aren’t going to make them, but we wish they had a higher compliance,” he said Wednesday. “Our message today is the train may not be coming back for a while.”

Full Article & Source:

Monday, August 3, 2020

Nursing home workers now have the most dangerous jobs in America. They deserve better.

A health worker arrives to take a nose swab sample as part of testing for the covid-19 at a nursing and rehabilitation facility in Seattle on April 17. (Ted S. Warren/AP)
by Brian E. McGarry, Lori Porter and David C. Grabowski

Brian E. McGarry is an assistant professor in the Department of Medicine at the University of Rochester. Lori Porter is the co-founder and chief executive officer of the National Association of Health Care Assistants. David C. Grabowski is a professor of health-care policy at Harvard Medical School.

As covid-19 has ravaged nursing homes, it has also made working in these facilities the most dangerous job in America. Since the start of the pandemic, facilities have reported 760 covid-19-related deaths among their staff.

If deaths continue at this pace over a full year, it will equate to more than 200 fatalities per 100,000 workers. This would more than double the rate of previous years’ deadliest occupations, such as logging and commercial fishing.

Nursing home workers, including nurses, nursing assistants and support staff, have quietly become the heroes of this pandemic. Under normal circumstances, they perform a physically and emotionally demanding job, providing an intimate level of care for some of our most vulnerable citizens often for low wages and limited benefits. The presence of covid-19 in more than half of the roughly 15,000 U.S. nursing homes, combined with the heartbreakingly inadequate response from federal and state governments, has made going to work an act of bravery and selflessness.

As a nation, we should be recognizing these individuals, much in the same way we lauded hospital workers in recent months and first responders in the aftermath of the 9/11 attacks. National hazard pay for nursing home workers is a clear and tangible way to acknowledge the exceptional nature of their work during these unprecedented times.

Congress has increased unemployment benefits to an extra $600 a week for individuals who lost their jobs due to covid-19. Certified nursing assistants working in nursing homes make on average $590 a week. Being out of work should not be more lucrative than being on the front lines of the pandemic.

But this is about more than just pay. We must also respect the value of these workers and the care they provide by ensuring that every nursing home has the resources it needs to allow staff to safely and effectively care for their residents.

Critical among these resources are basic personal protective equipment and testing. Direct care staff need full access to all equipment recommended by the Centers for Disease Control and Prevention, including N95 masks, eye protection and gowns, which are critical to preventing virus transmission to health-care workers. A recent survey found that many nursing homes have a severe shortage of supplies, and in some cases, federally provided supplies have been so low-quality that they are not usable.

Nursing home staff also need free access to coronavirus testing. Because the virus can be spread when carriers have no symptoms, frequent testing with timely results is the only way to ensure that staff are not bringing the virus into facilities. Testing is not cheap, and nursing home workers have often been caught in the middle of arguments among insurers, nursing homes and the government over who should foot the bill. The federal government recently announced that antigen testing would be made available for staff and residents at every nursing home in the country, but it is unclear how quickly this testing will be implemented and who will pay for the testing supplies for staff.

Finally, workers should be able to make safe choices regarding when to go to work and when to stay home if symptoms develop. For many direct care workers without paid leave, sick days mean lost income. This remains true even after the passage of the Families First Coronavirus Response Act as nursing home workers were typically exempt from its emergency sick-leave provisions. We should extend non-punitive sick leave to all nursing home workers.

Likewise, facilities need sufficient staff to meet the needs of their residents, including backup staff that can fill in when other workers stay home. The same bravery, compassion and loyalty to patients that have driven nursing home employees to keep working in the face of danger may also encourage them to ignore early covid-19 warning signs for fear of understaffing.

For the past four months, we have implicitly asked nursing home workers to risk their lives to care for our loved ones in nursing homes without acknowledging the gravity of this request. We failed to provide nursing home workers with the basic tools to do their jobs safely or even financially compensate them for the risks they are taking. This lack of support is a national source of shame that has directly contributed to the sobering death totals among both nursing home staff and residents.

As covid-19 cases continue to rise, we must correct these mistakes. Federal action to implement the reforms outlined here would do much to mitigate the risks facing nursing home workers while recognizing the incredible value they provide to society.

Full Article & Source:
Nursing home workers now have the most dangerous jobs in America. They deserve better.

Thursday, May 30, 2019

Nursing Home Workers In Elk River Plan 2-Day Strike In June

MINNEAPOLIS (WCCO) — A group of over 100 nursing home workers in Elk River have announced a two-day strike set for early June.

The nursing home workers, employed by Guardian Angels in Elk River, will be holding the two-day “Unfair Labor Practice” strike on Thursday, June 6 and Friday, June 7.

The nursing home workers are members of the union SEIU Healthcare Minnesota, which voted overwhelmingly to authorize the strike earlier in May.

The strike announcement comes after the two sides held over 10 bargaining sessions. SEIU Healthcare Minnesota says the employer has been unwilling to meet the group’s demands for “safe staffing levels, respect for workers who want a collective voice in their workplace, and investment in dedicated staff so they can continue to provide make Guardian Angels a Five Star facility.”

Pickets will take place on the public sidewalk outside the facility and the community is invited to join.
 
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Nursing Home Workers In Elk River Plan 2-Day Strike In June

Monday, July 18, 2016

“Accused of hitting the resident in the head with her fist during the struggle”


Two former nursing home workers facing felony charges of elder abuse are accused of holding a 93-year-old patient down while another nurse’s aide punched her.

Authorities said that the women were trying to force the Glen Haven Health and Rehabilitation resident to take her medication.

Monica Danielle Adams, 33, and Marilyn Annese Marshall, 48, are both charged with Violation of the Adult Protective Services Act. Their arrests on July 7 follow the arrest of co-defendant Anita Watford in 2015. Watford, 49, is accused of hitting the resident in the head with her fist during the struggle, said Alabama Attorney General’s Office communications director Mike Lewis.

All three women were employed as nursing assistants at Glen Haven in Northport. They no longer work at the facility, administrator Adam Madison said Thursday.

A Tuscaloosa County grand jury indicted Watford in 2014. Another grand jury that met in September issued indictments to charge Adams and Marshall.

Watford has pleaded not guilty. She told nursing home administrators that the woman forced her hand to hit her head, the AG’s office said last year, but witnesses contradicted that account.

Adams and Marshall were released from jail on $10,000 bonds.

The Attorney General’s Medicaid Fraud Control Unit investigated the case.


Full Article & Source:
“Accused of hitting the resident in the head with her fist during the struggle”

Wednesday, December 23, 2015

Nursing Home Workers Share Explicit Photos of Residents on Snapchat


A ProPublica review found 35 cases since 2012 in which nursing home or assisted living workers surreptitiously shared photos or videos of residents on social media. At least 16 cases involved Snapchat.

This story was co-published with the Washington Post.

Nursing home workers across the country are posting embarrassing and dehumanizing photos of elderly residents on social media networks such as Snapchat, violating their privacy, dignity and, sometimes, the law.
Janet Hartranft at the Newaygo Medical Care Facility

ProPublica has identified 35 instances since 2012 in which workers at nursing homes and assisted-living centers have surreptitiously shared photos or videos of residents, some of whom were partially or completely naked. At least 16 cases involved Snapchat, a social media service in which photos appear for a few seconds and then disappear with no lasting record.

Some have led to criminal charges, including a case filed earlier this month in California against a nursing assistant. Most have not, even though posting patients’ photos without their permission may violate the Health Insurance Portability and Accountability Act, the federal patient privacy law that carries civil and criminal penalties.

The incidents illustrate the emerging threat that social media poses to patient privacy and, at the same time, its powerful potential for capturing transgressions that previously might have gone unrecorded.
Abusive treatment is not new at nursing homes. Workers have been accused of sexually assaulting residents, sedating them with antipsychotic drugs and failing to change urine-soaked bed sheets. But the posting of explicit photos is a new type of mistreatment — one that sometimes leaves its own digital trail.

In February 2014, a nursing assistant at Prestige Post-Acute and Rehab Center in Centralia, Wash., sent a co-worker a Snapchat video of a resident sitting on a bedside portable toilet with her pants below her knees while laughing and singing.

The following month, one nursing home assistant at Rosewood Care Center in St. Charles, Ill., recorded another using a nylon strap to lightly slap the face of a 97-year-old woman with dementia. On the video, the woman could be heard crying out, “Don’t! Don’t!” as she was being struck. The employees laughed.

And this February at Autumn Care Center in Newark, Ohio, a nursing assistant recorded a video of residents lying in bed as they were coached to say, “I’m in love with the coco,” the lyrics of a gangster rap song (“coco” is slang for cocaine). Across a female resident’s chest was a banner that read, “Got these hoes trained.” It was shared on Snapchat.

The woman’s son told government inspectors that his mother, who had worked as a church secretary for 30 years, would have been mortified by the video. Days after the incident, the home changed hands and is now known as Price Road Health and Rehabilitation Center. Greystone Healthcare Management, its new owner, said it “provides extensive, on-going training, support and oversight to insure that we provide patient centered care.” (The prior owner, Steve Hitchens, said the incident happened days before the home was sold and he does not recall details.)

In a statement, PrestigeCare said it fired the employee, alerted authorities and instituted new, stricter cellphone and social media policies. “We take these situations very seriously and are thankful that our own internal procedures alerted us so promptly to the issue.”

Rosewood Care Center did not respond to repeated requests for comment.

“Something hasn’t happened now unless there’s a selfie or Facebook posting about it,” said Marian Ryan, the district attorney of Middlesex County, Mass., whose office is pursuing elder abuse charges against two women who posted numerous videos of nursing home residents on Snapchat. “The use of social media is just pervasive across every aspect of society.”

ProPublica identified incidents by searching government inspection reports, court cases and media reports. Ryan said she suspects such incidents are underreported, in part because many of the victims have dementia and do not realize what has happened.  (Continue Reading)

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Nursing Home Workers Share Explicit Photos of Residents on Snapchat