By Garret DeReus, December 20, 2024

Recent data from the Centers for Medicare & Medicaid Services (CMS) reveals a concerning pattern in nursing home oversight and compliance. While CMS requires annual state inspections of nursing homes, along with additional surveys triggered by complaints or follow-up visits, the inspection system may not capture all potential violations that could harm residents.

According to CMS’s own data, the average nursing home receives six to seven deficiencies per standard health inspection. This startling statistic suggests that issues that could potentially harm residents may be present in virtually any nursing facility.

Special Focus Facility Program Reveals Deeper Issues

The CMS Special Focus Facility (SFF) program, designed to address the most troubled nursing homes, currently includes 88 facilities nationwide. These facilities demonstrate what CMS describes as a “yo-yo” pattern of compliance – temporarily fixing problems identified during inspections, only to have significant issues resurface by the next survey.

In Louisiana, as of April of 2024, one facility was currently on the SFF list:

• Lakeshore Manor Nursing & Rehab in Slidell (5 months on the list as April 2024)

Additionally, as of April 2024, five Louisiana facilities were on the SFF candidate list:

• Fair City Health and Rehab (Franklinton) – 4 months as candidate
• Ferncrest Manor Living Center (New Orleans) – 7 months as candidate
• Jefferson Healthcare Center (Jefferson) – 17 months as candidate
• Pierremont Healthcare Center (Shreveport) – 1 month as candidate
• Sage Rehabilitation Hospital SNF (Baton Rouge) – 3 months as candidate

Persistent Problems and Limited Consequences

While 88 facilities were designated as Special Focus Facilities, only six facilities nationwide are no longer participating in the Medicare and Medicaid programs as of April 2024, whether through voluntary withdrawal or termination. This suggests that facilities with serious, recurring violations often continue operating and receiving federal funding and providing care to elderly individuals.

Just as concerning is the length of time facilities remain on these lists. Many facilities on both the SFF list and candidate list have remained there for extended periods – some for multiple years. For instance, nationwide, numerous facilities have been on the SFF list for over two years, with some remaining for three years or more. This extended presence on these lists raises serious questions about the effectiveness of the program in promptly addressing quality of care issues.

Implications for Families

This data highlights several critical points for families with loved ones in nursing homes:

• Regular inspections may not catch all potential violations
• Even documented problems may persist without decisive enforcement action
• Problems can recur even after apparent corrections
• Facilities may remain on watch lists for extended periods without fundamental improvements
• Families must remain vigilant about the care their loved ones receive

Given these realities, families who suspect abuse or neglect should consider consulting with legal professionals who understand nursing home regulations and can advocate for their loved ones’ rights. An experienced attorney can help navigate the complex regulatory framework and pursue appropriate action when necessary.