Eliza Bryant Center – Inspection Results, Penalties, and Inclusion in Senate Report on Poorly-Performing Nursing Homes

Rating from the Medicare.gov Nursing Home Compare Website

The Eliza Bryant Center (https://www.elizabryant.org/) (“Eliza Bryant”) is located at 7201 Wade Park Ave, Cleveland, Ohio 44103.  As of June 10, 2019, Eliza Bryant had an overall rating of one star out of a possible 5 stars on Medicare’s Nursing Home Compare website.*  A one star rating means that the nursing home is considered “much below average” in comparison to other nursing homes.  This facility was also included in the April, 2019 federal government list of poorly performing nursing homes known as “Special Focus Facility candidates.”*    These details are provided below.

The Medicare.gov Nursing Home Compare Website

The United States government has developed a website that allows users to see information on individual nursing homes regarding inspections, violations and deficiencies, which is located at https://www.medicare.gov/nursinghomecompare.  Information provided in the Nursing Home Compare website includes detailed information about inspections, facility deficiencies, staffing, penalties, bed certification, and much more.  This website is run by Medicare, and was created so that users and families can easily compare different nursing homes based upon the same set of standards.

Nursing homes are required to provide care to residents that follows or complies with federal regulations.  The periodic inspections of nursing homes are designed to determine if they are following the regulations and therefore giving good care. If they violate the regulations, they are issued a citation and sometimes a monetary fine.

In June, 2019, a US Senate report (the “Senate Report”) was issued by US Senators Casey and Toomey entitled Families’ and Residents’ Right to Know: Uncovering Poor Care in America’s Nursing Homes. This report concerns, in large part, the public identification of Medicare/Medicaid Special Focus Facility participants and candidates.  As of April, 2019, Eliza Bryant was considered a Special Focus Facility candidate due to the poor care it was providing its residents.*  This is very important information to families who have had a loved one at this nursing home and they had suspicions of abuse or neglect or for families considering this home for their family member.

The Special Focus Facilities Program

The Special Focus Facility (“SFF”) program was created in connection with the adoption of The Nursing Home Act, which established nursing facility participation requirements under Medicare and Medicaid.  These nursing homes are at risk to causing harm to residents due to their failure to follow the regulations.  As cited in the Senate Report, “[t]he SFF program is designed to increase oversight of facilities that persistently underperform in required inspections conducted by state survey agencies.”   When a nursing home does not comply with the regulations that govern care in nursing homes, then they get cited. If they receive a lot of citations over a period of time, then the government may place them into the SFF program.

SFF nursing homes are subject to increasing inspections (at least one every six months), escalating fines, and the possibility of losing Medicare and Medicaid funding if improvements are not made. As of April, 2019, approximately 80 facilities were included in the SFF program.

Special Focus Facility Candidates

In addition to the facilities named to the SFF program, the government has created an additional list of approximately 400 nursing homes considered to be poorly-performing based upon past inspections.  These facilities are considered “Special Focus Facility candidates” because of the possibility that may be named to the Special Focus Facility program if their operations do not improve.

Previously, while the names of SFF’s were publicly disclosed, the names of the Special Focus Facility candidates – those nursing facilities in danger of being included in the SFF – were not publicly disclosed.  Believing that the public should know the names of all these underperforming nursing homes, Senators Casey and Toomey made a request to the Centers for Medicare and Medicaid Services (the “CMS”) for the names of the SFF candidates, and the government complied with this request.  The senators then released their report in June, 2019, which includes the names of those in the SFF program and those considered Special Focus Facility candidates as of April, 2019. *

Eliza Bryant Penalties

The nursing home has recently been the subject of penalties as the result of deficiencies found in inspections.  According to the Nursing Home Compare website, Eliza Bryant received penalties of $44,702 on November 1, 2018, $12,675 on May 10, 2018, $21,593 on July 10, 2017, and $42,630 on August 25, 2016.

Recent Health Inspection Reports on the Medicare.gov Website for Eliza Bryant

As shown in the charts below, recent inspections have revealed a number of significant and serious issues involving the care provided to nursing home residents which resulted in actual harm and/or presenting an immediate risk of resident health or safety.

This is unacceptable.  We should not allow nursing homes to abuse and neglect our seniors by not following regulations.

As of June 27, 2019, the following information was reported on the Nursing Home Compare website for Eliza Bryant:

Level 3 and Level 4 “Level of Harm” Citations

According to the Medicare.gov Nursing Home Compare website, as of June, 2019, the following shows the results of recent inspections that resulted in a Level 3 or Level 4 “Level of Harm” for this facility in which the inspection and/or the correction occurred between January, 2018, and June, 2019:

Seeking Justice for Nursing Home Injury and Wrongful Death

Each year in the United States, countless nursing home residents are injured or die as the result of nursing home negligence, neglect, or abuse.  Tragically, these injuries and death do not need to occur.

When nursing homes fail to operate effectively, resident health and welfare are put at risk.  Factors that commonly play a role in injury causation and death include understaffing, poor training, lack of quality administrators, and other matters.  The underlying issue for these factors usually is an attempt to save money and increase profitability.

I and my firm are here to seek justice for residents injured or who have died as the result of nursing home abuse, neglect, and negligence.  Holding nursing homes liable and making them pay for their wrongdoing is, seemingly, the only way that they will changes their operations.

Call Today for a Free Consultation and to Learn If You Have a Case

Our office can be reached at 216-696-5700.

As an injury and wrongful death lawyer for more than 30 years, I can explain the options and process for seeking compensation.  And, as a former nurse before starting a legal career, I am familiar with how injuries and even death can occur when safety protocols are not properly implemented.

There is no fee for my services unless and until compensation is recovered.  I look forward to learning about the case of your loved one.


Client Review

Nancy did an amazing job for me and my family. Any time I had questions she was right there with the answers and always made sure we were well informed about what was going on with our case. She put her heart and soul into our case and for that I am truly grateful! I would definitely recommend her and her law firm!!!!

S.W.

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*  The information presented herein is accurate as of June 10, 2019, unless a different date is noted. The federal government has the sole authority to add or remove facilities included in the Special Focus Facility program and those facilities designated as Special Focus Facility candidates.  If improvements are made, nursing homes can receive a higher star rating from Medicare on the Medicare.gov website, and facilities named to the Special Focus Facility program or named to the Special Focus Facility candidate list can be removed from such program or list.  Because this information will not be updated, readers are urged to consult the Medicare.gov website for a current facility star rating, and also to that website (or other relevant information) to determine the names of the facilities currently included in the Special Focus Facility program and those currently considered Special Focus Facility candidates.

 

 

Nancy Iler - Ohio Nursing Home Abuse and Neglect Lawyer