Investigates

Senator calls for transparency following 11 Investigates nursing home discoveries

PITTSBURGH — Pennsylvania U.S. Sen. Bob Casey expressed concern after hearing details about a Pittsburgh nursing home’s failure to notify a family when their loved one died, leading to the elderly man’s cremation without their knowledge.

“A terribly sad story and I think inexcusable,” Casey said.

>>ORIGINAL REPORT: Local man died in nursing home and nobody told his family

Casey has been an advocate for nursing home residents and their families, calling for more information to be released when it comes to nursing home inspections.

“Transparency is absolutely essential,” he said. “People need to know what’s happening in a facility where they have a loved one.”

Bipartisan pressure for change

Casey, a Democrat, recently teamed up with Pennsylvania’s other U.S. senator, Pat Toomey, a Republican, to help improve transparency when it comes to nursing home inspections. They sent a joint letter to the Centers for Medicaid and Medicare Services asking for more information regarding so-called Special Focus Facilities (SFF). Out of more than 15,000 nursing homes nationwide, SFFs are those with the worst inspection records in the country.

The government maintains a list of 88 facilities in the SFF program at any one time, but there are an additional 400 nursing homes considered SFF candidates because of their poor records. As a result of pressure from the senators, a list of those additional facilities is now also made public.

Family looking for answers

After 90-year-old Paul Tyler was cremated without the family’s knowledge, his granddaughter Danielle Miller filed a complaint against his nursing home. Corner View Nursing and Rehab Center in Homewood is one of the 88 facilities on the government’s SFF list and has a history of serious violations.

“Our family is devastated. We didn’t get a chance to bury him. We didn’t even get a chance to say goodbye,” Miller said. “I am not going to let this go.”

After she filed the complaint, the Pennsylvania Department of Health, which inspects state nursing homes, sent Miller a letter saying it would investigate the complaint and follow up with her.

“Our letter or telephone call following completion of the investigation will inform you whether your complaint was substantiated or unsubstantiated and whether any deficient practices on the part of the facility were identified by the Department,” the Pennsylvania Department of Health letter said.

In a new development, the Corner View nursing home sent 11 Investigates a written statement saying, “The state looked into the issue and found no wrong-doing on the part of the facility.”

If that’s true, Miller says no one from the state has notified her.

We followed up with the state, and a spokesperson for the Department of Health would not confirm whether the investigation into Corner View is complete, saying only that the results would be posted on their website 41 days after the investigation is completed.

Need for transparency

Casey was concerned to hear a nursing home being investigated might find out the results of an inspection before the family member who filed the complaint.

“That’s where the lack of transparency is damaging,” Casey said.

The state’s process is to only release details on a complaint if it determines that complaint is “substantiated.” Otherwise, that information, including the basic issue in question, is kept secret.

11 Investigates asked Casey if there should be more transparency regarding these complaints, so families can determine if there is a pattern of complaints, even if the state does not substantiate them. He said, “Absolutely.”

New legislation to address problems

Casey explained that over the years, he has seen a pattern of government agencies not releasing enough information about troubled nursing homes, and he wants to see that change.

“Going forward, we can’t rely simply on the discretion or the goodwill of the department,” he said. “We need, by way of statute and regulation, more ways to provide transparency, more ways to give families the information they need.”

Casey and Toomey are now working on a federal bipartisan bill to improve nursing home quality. The legislation is the result of their report on poorly performing nursing homes in Pennsylvania and nationally.

“We need tough enforcement and aggressive oversight,” Casey said. “What we’re trying to do is make sure the enforcement is rigorous and the dollars are there for the kind of oversight that needs to be done.”