Nursing Assistant Resources On The Web

Here is more from the NH Abuse site:

There are a myriad of remedies for you if you have an abuse or neglect situation that includes complaints made to various government agencies. Some remedies are more effective than others and the remedy you use will often depend on the severity of the abuse and neglect. In pursing any remedy, be prepared to be frustrated but you must remain persistent.

Ombudsman - Most states have a long term care ombudsman program. Their success rate and true commitment to quality care depend on each ombudsman program. In general, ombudsmen can help you get a new mattress for your family member, make the nursing home pay for lost or stolen items, and other types of simple problems but they may not be able to tackle serious problems involving lack of care. There are some aggressive ombudsman offices, but they are at the mercy of the state health department bureaucracy. It is best to use this office for non life threatening situations.

State Department of Health - The Division in a State Department of Health that deals with the oversight of nursing homes and enforcement of nursing home regulations is, in most states, called the Division of Licensing and Certification. This bureaucracy licenses the nursing home facility for the state and is also responsible for certifying the facility for participation in the federal Medicare and Medicaid programs each year. The state conducts yearly inspections, called surveys, of each nursing home and also investigates complaints. Some of the state surveyors are quite good, but there is enormous pressure on the state bureaucracy and legislature by the powerful nursing home lobby to keep remedies and fines to a minimum.

You can file a complaint with Licensing and Certification and they must investigate the complaint. Licensing and Certification can either substantiate or unsubstantiate your complaint. If the complaint is substantiated, this agency can issue a citation and impose a fine and require corrective action. The nursing home as a right to appeal a substantiation finding by the state and you have the right to an informal hearing on a unsubstantiated finding. Unfortunately, the nursing home often gets a fine reduced and often only temporarily corrects the problem. The surveyors often rely on the nursing home records in their investigation and these records can be falsified or “cleaned up”. The nursing home, through deduction or leaks usually finds out who made the complaint.