Newark Care and Rehabilitation – Inspection Results, Penalties, and Inclusion in Senate Report on Poorly-Performing Nursing Homes
Rating from the Medicare.gov Nursing Home Compare Website
Newark Care and Rehabilitation (http://newarkcareandrehab.com/ ) (“Newark Care”) is located at 75 McMillen Dr., Newark, Ohio 43055. As of June 28, 2019, Newark Care did not have a star rating on Medicare’s Nursing Home Compare website, as it has been placed on the federal government’s Special Focus Facility list.* 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 June 28, 2019, according to the Nursing Home Compare website, Newark Care continues to be on the Special Focus Facility list 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. *
Newark Care 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, Newark Care received a penalties of $139,797 on February 6, 2018, and $6,500 on July 27, 2017.
Recent Health Inspection Reports on the Medicare.gov Website for Newark Care
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 Newark Care:
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:
As noted above, several of these Deficiencies resulted in actual harm to residents, which is unacceptable.
Why Residents are Injured
As a nursing home lawyer, and as a former practicing nurse, I have seen the tragic consequences that result when nursing homes place profitability over the welfare and health of residents. It is unacceptable for any resident to be subjected to sub-standard care, abuse, or outright neglect by nursing homes. Tragically, injury and even death occur when nursing homes ignore the law and best practices.
My role is to seek justice and full compensation on behalf of residents and families when harm results. By doing so, a clear message will be sent to nursing homes that they will be held to account when dangerous practices are not remedied, and when injuries and death occur as a result. By holding nursing homes accountable, we can increase the safety for all of our loved ones.
Call Me to Learn if You Have a Case and What Actions You Can Take
If a family member has been injured or has died due to the fault of nursing home, I would invite you to call me to learn what options may be available for pursuing justice.
I offer a free consultation, and there is no fee unless compensation is recovered. Our office can be reached at 216-696-5700.
I’ve known Nancy for many years and rely upon her as a valuable resource in my own practice. She is a truly gifted attorney and caring individual. Her combination of nursing experience, legal skills, and dedication to her clients make her an extraordinary advocate for victims of nursing home abuse and neglect, medical errors, and personal injury. I have referred many clients to her and will continue to do so. I give Nancy my highest recommendation.
* 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.