May 22, 2008
NEWSLETTER
A non-profit organization dedicated to the welfare of the “Forgotten Kentuckians”
C’MON, MITCH…. HOW ‘BOUT SOME HELP?
Kentucky’s Mitch McConnell, the most powerful Republican in the Senate, maybe even the entire Congress, is riding high after the primary election with a bulging re-election war chest and eager to face the Democratic nominee for the Senate, Bruce Lunsford. Mr. Lunsford is known to have deep pockets himself and so it could be a close contest, and it may be not only logical but very smart politically for Sen. McConnell to help his more than 23,000 constituents who live in nursing homes, and their families who so badly need improvements in their nursing home care. That’s upwards of 100,000 Kentuckians who can vote and who could swing a close election McConnell’s way. He can help them by becoming a supporter and co-sponsor of Senate Bill 2641, the Nursing Home Transparency and Improvement Act. Hundreds of you – at our request -- already have called his offices to ask for his help on this bill. An international union, the SEIU, even staged a rally in Louisville to plead for the senator’s help. Some have suggested that Sen. McConnell could attach this bill to the Medicare Physician Payment bill set for passage next month.
WHAT IS S.2641?
Some of the experts in Washington say that the Nursing Home Transparency and Improvement Act could be the most important nursing home reform legislation in 25 years. The nursing home industry knows this, too, so naturally they have their big guns out to shoot it down. You can be sure they will be giving Sen. McConnell money for his re-election campaign as well as untold thousands of dollars to other lawmakers. That’s the way the big nursing home industry lobbyists work. In the meantime, however, thousands of plain old people are calling their senators to ask them to support S.2641. In Kentucky, of course, that is Sen. McConnell and Sen. Jim Bunning, both Republicans.
Why is this so important a piece of legislation?
Well, here is what S.2641 will do:
- Provide the public information about who owns and operates nursing homes; nurse staffing levels and turnover rates; penalties for poor care; and how much they spend on nursing and other costs.
- Require annual audits and independent monitoring and sanctions for chains with chronic problems.
- Increase civil monetary penalties, including fines up to $100,000 when a resident dies from neglect or abuse.
- Require facilities to pay fines into an escrow account while they pursue appeals.
- Strengthen complaint processes.
- Require facilities to give 60 days notice before they close, and continue Medicare and Medicaid until residents are relocated.
- Provide for studies of temporary management, Special Focus Facilities, culture change, and training of nurse aides and supervisors.
WHAT YOU CAN DO….
If you have not called Sen. McConnell or Sen. Bunning yet to ask them to support S.2641, here are their telephone numbers:
Sen. McConnell – (202) 224-2541
Sen. Bunning – (202) 224-4343
Remind Sen. McConnell that he is up for re-election in November and that how he handles our bill could have a lot to do when we decide whether to push the lever for him or Mr. Lunsford.
LIMESTONE CROSSING….
The exciting new University of Kentucky continuing care community called Limestone Crossing has had 215 persons sign up to live there when it is completed. It will be located off Brannon Crossing Road, just over the Fayette County line in Jessamine County. The developer, the Praxeis group, hopes to have some 300 future residents signed up when it breaks ground. Matt Weaver, executive vice president of Praxeis, says they are finalizing zoning approvals with the city of Nicholasville and completing a site plan showing where buildings will be located. Praxeis is also going to build a model apartment that will serve as a showroom and headquarters for the Praxeis staff in Lexington. Mr. Weaver said they are targeting September for beginning to take 10 per cent down payments from the future residents. Each one of them already has put down $1,000 to ensure a Limestone Crossing living place. If you have questions about the development, call Don Holbrook in Lexington at 859-967-1750.
PROMISES, PROMISES . . .
Frankfort is full of promises. We all know that. But unfulfilled promises have hurt the nursing home reform movement. For example, we were promised by Rep. Tom Burch, D-Louisville, that he would bring nursing home reformers together around the table with representatives of the nursing home industry. That was during the 2008 session, but nothing has happened yet . . . We were promised at least a year ago now by Deborah Anderson, commissioner of the Department of Aging and Independent Living, that she would get the two sides together. Nothing has happened on that…. We were promised by Rep. Jim Wayne, D-Louisville, that he would bring reformers and industry people together to try to work out agreement on the nursing home transparency bill (HB 222) he introduced in the 2008 session.
Why so many promises made, and none of them kept? We do not know for sure, except these are busy people making these promises and maybe they just don’t have time to follow through. But then maybe they have tried to bring the sides together, but the industry won’t do it.
If you have time, contact these people and tell them it’s past time to get something done for residents of nursing homes. And the place to start is meeting and talking.
Don’t forget – you have something they all want: your vote.
SHORT STUFF
Another Closing. They have just about cleared all 133 residents out of the Kenton Healthcare Nursing Home in Lexington, according to a news story by the Herald-Leader’s Karla Ward. The facility was being operated by Northpoint Senior Services when it was cited for serious problems by the federal government. An official of Northpoint said that his company will seek recertification to open Kenton again. At that facility, it is better luck next time.
Petitioners. Hats off to Hans Poppe, a Louisville attorney, who has gotten hundreds of our petitions signed urging legislators to pass a law setting minimum staffing standards for Kentucky. One of his clients, Camellia Tinsley, alone obtained 60 signatures. It is still not too late to get your petition in. At the proper time we will present them to the lawmakers in Frankfort. To get a copy of our petition, click here.
More Money Doesn’t Work. In California they increased state money going to nursing homes with the goal of getting more staff in the facilities. Trouble is they didn’t include mandatory minimum staffing ratios. Guess what happened? Nothing. The nursing homes took the money and did nothing to improve staffing. Same thing happened in 2004 in Kentucky when the industry got gullible legislators at night on the last day of the session to increase the provider’s tax which they get back in $3 to every $1. Guess what has happened here? Nothing, and we are still working for staffing ratios. In Florida they did it the right way. They did indeed pass legislation to set minimum staffing ratios. Guess what happened? According to a recent study the quality of nursing home care in Florida has improved!
Mandatory Arbitration. We get a lot of calls from people who have been caught signing a document when they put a loved one in a nursing home that provides for mandatory arbitration on complaints. Many people have signed without even knowing it. But when they file a stiff complaint and threaten to sue, the nursing home says that they agreed to take the complaint to arbitration and they show them their signature. Trouble is the nursing homes pick the arbitration committee. Guess who always wins? So Sen. Mel Martinez, R-Fla., and Sen. Herb Kohl, D, Wisconsin, have filed Senate Bill 2838 to invalidate mandatory arbitration agreements in nursing homes and assisted living facilities. The American Association for Justice is also pushing the legislation.
Get Those Records. We get lots of calls from people who say the nursing home will not give them a complete copy of their medical records. This is not right, or legal. They must give the resident or authorized representative a copy of all medical records, no ifs… ands… or buts. The only requirement is the payment of reasonable copy costs.
YOUR DOLLARS CAN HELP
This Newsletter is published by Kentuckians for Nursing Home Reform, a non-profit organization comprised of volunteers working to improve the lives of the 23,000 "Forgotten Kentuckians" destined to live out their lives at the mercy of nursing homes. If you would like to assist in our charitable work by helping underwrite expenses of conducting educational seminars, lobbying for residents' rights in the State Legislature, or publishing informative materials, you may send your contribution to Kentuckians for Nursing Home Reform, 1530 Nicholasville Rd., Lexington KY 40503. Contributions are tax deductible as allowed by law. To volunteer, write to the same address or e-mail KyNursingHomeReform@yahoo.com. Thank you.
WE COULD USE SOME HELP….
We need some volunteer help on a little piddly job, but an important one. It also is a tedious job. It is recording e-mail addresses of persons who have signed our petition (see above) so that they can receive this newsletter by e-mail or by U.S. mail. If you would have some time to help, please call Bernie Vonderheide at (859) 312-5617.
MEMORIALIZE YOUR LOVED ONES
KENTUCKIANS FOR NURSING HOME REFORM is a non-profit organization. That means that any donations to the organization are tax deductible by the donor. With that in mind, we offer for your consideration the thought that memorials at the time of death of a loved one or friend could be in the form of donations to KENTUCKIANS FOR NURSING HOME REFORM, 1530 Nicholasville Road, Lexington, KY 40503.
THAT'S IT FOR THIS TIME, BUT DON’T FORGET...
MORE THAN 23,000 PEOPLE IN NURSING HOMES IN KENTUCKY NEED US. THEY ARE KENTUCKY'S
"FORGOTTEN PEOPLE."
BERNIE VONDERHEIDE
KENTUCKIANS FOR NURSING HOME REFORM
E-mail: KyNursingHomeReform@yahoo.com
Web Site: http://www.KyNursingHomeReform.org
Telephone: (859) 312-5617
P.S. - Why Men Are Never Depressed:
My wife made me run this one . . .
Men Are Just Happier People— What do you expect from such simple creatures? Your last name stays put. The garage is all yours. Wedding plans take care of themselves. Chocolate is just another snack. You can be President. You can never be pregnant. You can wear a white T-shirt to a water park. You can wear NO shirt to a water park. Car mechanics tell you the truth. The world is your urinal. You never have to drive to another gas station restroom because this one is just too icky. You don't have to stop and think of which way to turn a nut on a bolt. Same work, more pay. Wrinkles add character. Wedding dress $5000. Tux rental-$100. People never stare at your chest when you're talking to them. New shoes don't cut, blister, or mangle your feet. One mood all the time.
Phone conversations are over in 30 seconds flat. You know stuff about tanks. A five-day vacation requires only one suitcase. You can open all your own jars. You get extra credit for the slightest act of thoughtfulness. If someone forgets to invite you, he or she can still be your friend.
Your underwear is $8.95 for a three-pack. Three pairs of shoes are more than enough. You almost never have strap problems in public. You are unable to see wrinkles in your clothes. Everything on your face stays its original color. The same hairstyle lasts for years, maybe decades. You only have to shave your face and neck.
You can play with toys all your life. One wallet and one pair of shoes -- one color for all seasons. You can wear shorts no matter how your legs look. You can “do” your nails with a pocket knife. You have freedom of choice concerning growing a mustache.
You can do Christmas shopping for 25 relatives on December 24 in 25 minutes
No wonder men are happier.
— Thanks to Patty Radwan