Staff Requirements are Falling Short for Most Pennsylvania and New Jersey Nursing Homes, Says Analysis

In 2026, federal staffing minimums will be implemented in an effort to address staffing shortages that contribute to incidences of nursing home malpractice. Few facilities in Pennsylvania and New Jersey are close to meeting these minimums, a new report finds.

The majority of Pennsylvania and New Jersey nursing homes don’t meet the staffing requirements drafted under a new rule from the Centers for Medicare and Medicaid Services, a Philly Voice article says. According to a Kaiser Family Foundation analysis, under 20 percent of Pennsylvania nursing homes and only 15 percent of New Jersey nursing homes meet certain staffing requirements due to take effect in 2026.

Following the pandemic, during which over 167,000 nursing home residents died, a severe drop in nursing home staff occurred. Subsequent reports of neglect, abuse, and nursing home malpractice followed. The CMS rule, proposed last year and released in finalized form in April, seeks to help resolve the low staffing that results in nursing home malpractice as well as tragic deadly incidents that require the intervention of a wrongful death attorney.

The finalized CMS rule will require a total nurse staffing standard of 3.48 hours per resident day (HPRD), which needs to include 0.55 HPRD for registered nurses and 2.45 HPRD for nurse aides. According to the Philly Voice article, the KFF analysis shows the following data related to Pennsylvania and New Jersey nursing homes vis-à-vis the staffing requirements:

• Pennsylvania – Only 18 percent of nursing homes currently provide the 2.45 HPRD from nurse aids, while 56 percent of homes meet the total nursing standard and under 70 percent meet the 0.55 HPRD for RNs.
• New Jersey – In New Jersey, 19 percent of nursing homes meet the minimum 2.45 HPRD from nurse aides, while 55 percent meet the registered nurse staffing standards, and just over 50 percent meet the total nursing standard.

Low staffing in nursing homes interferes with workers’ and nurses’ ability to adequately perform tasks and give care to vulnerable nursing home residents, which equates to nursing home malpractice in the following forms:

• Malnutrition and dehydration from inadequate provision of food and water
• Poor nursing home hygiene and the development/deterioration of bed sores
• Increased nursing home falls  and medication errors
• Nursing home illnesses
• Nursing home infections
• Nursing home injuries
• Wrongful death, necessitating the involvement of a wrongful death attorney

If you are worried about staffing levels at your loved one’s nursing home, or if you suspect injuries, illnesses, or wrongful death has occurred as a result of poor nursing home staffing, don’t hesistate—contact a nursing home malpractice or wrongful death attorney right away.

Holding Nursing Homes Responsible for Poor Staffing Levels

Your loved one living in a Philadelphia/PA or NJ nursing home should not need to tolerate circumstances of nursing home malpractice related to low staffing, especially those that compromise their health and safety or subject them to the possibility of wrongful death. As a nursing home malpractice and wrongful death attorney, Brian P. Murphy is committed to fighting for the health and safety of Philadelphia/PA and NJ nursing home residents. With extensive experience as a wrongful death attorney fighting negligent nursing homes in Pennsylvania and New Jersey, Brian Murphy is committed to successfully resolving his clients’ nursing home malpractice cases. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

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Evidence of Fraud and Nursing Home Malpractice Leads New Jersey to Suspend Two Nursing Homes from Medicaid:

In the wake of a New York lawsuit alleging their owners took millions in Medicare funds from their New York nursing homes to enrich themselves, New Jersey has planned to suspend two poor-performing New Jersey nursing homes from receiving Medicare.

New Jersey is planning to suspend two nursing homes from Medicaid in light of evidence of substantial Medicare fraud by their owners and as a result of poor care amounting to nursing home malpractice, says a Philadelphia Inquirer article. Both Deptford Center for Rehabilitation and Healthcare and Hammonton Center for Rehabilitation and Healthcare will be suspended from Medicaid by the New Jersey Comptroller’s Medicaid Fraud Unit as of May 25.

The owners of the Deptford and Hammonton facilities, Kenneth Rozenberg, Beth Rozenberg, and Daryl Hagler, have been sued by New York Attorney General Letitia James for allegedly using $83 million in Medicare funds from four of their New York nursing homes for their own personal enrichment. The lawsuit also accuses the owners of subjecting their residents to nursing home malpractice in the form of substandard care as a result of poor staffing. According to the lawsuit, the owners’ New York nursing home residents were victims of nursing home malpractice across the following forms as a consequence of the alleged fraud:

• Prolonged Neglect: Residents were left sitting in their own urine and feces for extended periods of time.
• Nursing home infections: Substandard wound care and neglect of bed sores led certain residents to develop serious infections and even sepsis, a frequently deadly condition that ultimately could require the involvement of a wrongful death attorney.
• Dehydration and malnutrition: As a result of neglect, residents experienced severe dehydration and malnutrition, both of which can be fatal for the vulnerable elderly, demanding the intervention of a wrongful death attorney.
• Nursing home falls: Some residents experienced severe injuries from falls; others died, says the lawsuit. Families whose loved ones suffer a fatal fall in a nursing home should contact a wrongful death attorney.

Like the New York homes, Deptford Center and Hammonton Center also have histories of substandard care equating to nursing home malpractice. As per the Inquirer article, both facilities have received numerous citations for health and safety violations. Both the Deptford and Hammonton facilities have been given one-star quality ratings on the federal Nursing Home Care Compare web site.

According to the Inquirer, New Jersey’s long-term care ombudsman Laurie Facciarossa Brewer called the suspension of the two nursing homes “richly deserved.” New Jersey State Comptroller Kevin Walsh defended the scheduled plan to suspend the homes in a press release.

“When there is evidence of fraud of this magnitude, and when a judge has acted to prevent further siphoning and self-dealing, we have a duty to act,” said Walsh. “To protect New Jersey Medicaid and the residents who rely on it, we must stop the flow of Medicaid funds to these individuals, and we must require them to step aside.”

Fighting Against Neglectful Care, Elder Abuse, and Wrongful Death

Attorney Brian P. Murphy is dedicated to protecting the safety and preserving the rights of Pennsylvania, Philadelphia, or New Jersey nursing home residents. As a seasoned nursing home malpractice and wrongful death attorney, Brian Murphy endeavors to hold accountable those Philadelphia/PA or NJ nursing homes responsible for negligence and abuse and every kind of nursing home malpractice. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, or if you need guidance in choosing a nursing home, call Brian Murphy today.

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Biden Administration Proposes Minimum Staffing Rule to Combat Nursing Home Malpractice

The Biden administration has released a proposed rule requiring nursing homes to meet a minimum staffing level, a Washington Post article reports. The rule, said Secretary of Health and Human Services Xavier Becerra, is intended to help address the persistent crisis of understaffing in American nursing homes and to ensure residents get a higher level of quality care.

If implemented, the rule, drafted by the Centers for Medicare and Medicaid Services (CMS), will require that nursing home residents receive 2.45 hours of care from a nurse aide per day, plus 0.55 hours of care from a registered nurse. The rule would also require that nursing homes have a registered nurse on duty at all times. According to the article, CMS estimates that three-quarters of American nursing homes will need to increase staffing to meet the requirements, and one-fifth of nursing homes will need to hire registered nurses.

Understaffing in nursing homes has a direct and negative impact on nursing home residents’ well-being to an extent that amounts to nursing home malpractice. The following are examples of how low staff levels in nursing homes can result in nursing home malpractice:

• Scarce staff may interfere with the timely provision of adequate food and water, leading to nursing home malnutrition and dehydration
• Fewer staff members are available to provide frequent bathing, which can lead to poor nursing home hygiene and the development/deterioration of pressure wounds
• Inconsistent staffing affects staff members’ ability to frequently reposition immobile residents, which can result in bedsores
• Residents stranded by unavailable staff may attempt to get out of bed or use the bathroom by themselves, risking nursing home falls
• Lack of nurses within nursing homes can increase the occurrence of medication errors
• Low nursing levels reduces the number of decision makers regarding medical intervention or sending a resident to the hospital

The above circumstances—in themselves instances of nursing home malpractice—illustrate how understaffing interferes with nursing homes’ ability to properly execute tasks that support elderly residents’ well-being. Ultimately these circumstances of nursing home malpractice can also result in a range of  negative outcomes, such as the following:

• Nursing Home Illnesses
• Nursing home Infections
• Nursing Home Injuries
• And in some cases, even wrongful death, necessitating the involvement of a wrongful death attorney

While nursing home operators claim understaffing is the result of an extreme employee shortage, particularly in the wake of the pandemic, advocates for better quality care in nursing homes say insufficient pay and poor working conditions, which create high staff turnover rates (an average of 50 percent per year), are the real culprits for poorly staffed homes.

“We call it a job quality crisis, not a hireability crisis,” said Sam Brooks, director of public policy at the nonprofit advocacy group National Consumer Voice for Quality Long-Term Care. “It’s clear that nursing homes don’t pay workers well, they don’t treat them well, and they don’t provide adequate training.”

Beyond this, said Brooks, is the financial opacity of nursing homes, which increasingly are operated by owners that utilize multiple companies that service their facilities and direct profits away from resident care, resulting in conditions that often advance nursing home malpractice.

The majority of the staffing rule will kick in within three years for urban facilities and five years for rural facilities.

Protecting Your Loved One against Nursing Home Malpractice and Wrongful Death

Attorney Brian P. Murphy has dedicated his law practice to protecting the health, security, and well-being of Philadelphia/PA and NJ nursing home residents. Your loved one living in a Pennsylvania, Philadelphia, or New Jersey nursing home has the right to expect a high level of quality care and not fear that situations of nursing home malpractice will occur as a result of low staffing levels within the home. As an experienced nursing home malpractice and wrongful death attorney, Brian P. Murphy holds accountable Philadelphia/PA or NJ nursing homes for acts of negligence or elder abuse. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

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Pennsylvania Nursing Home Owner and Administrators Charged with Falsifying Staffing Records: Federal Trial Begins: 

Years of Medicaid and Medicare fraud has been alleged at Brighton Rehabilitation and Wellness and Mt. Lebanon Rehabilitation and Wellness, two Pennsylvania facilities that repeatedly have been cited for violations amounting to nursing home malpractice.

The criminal trial has begun for a co-owner of two Pennsylvania nursing homes and several of his former administrators who were indicted last year for multiple charges of nursing home malpractice related to federal fraud, says a McKnight’s Long-Term Care News article.

Sam Halper, co-owner of Brighton Rehabilitation and Wellness and Mt. Lebanon Rehabilitation and Wellness, was charged last year by then-Pennsylvania Attorney General (now Governor) Josh Shapiro on multiple counts of nursing home malpractice, including conspiracy, fraud, falsification of records related to health care matters, and falsification of records in a federal investigation. Charged alongside Halper are the following now-dismissed administrators: the Brighton director of nursing, the Brighton director of social services, the Mt. Lebanon administrator, and two corporate managers.

Harper allegedly masterminded a multifaceted scheme of fraud and record falsification at both facilities to reduce costs and boost revenue. Involved in the plan were the following alleged nursing home malpractice schemes:

• At Brighton: Staffing Falsification—Despite knowing that it would produce negative health consequences for residents, Halper insisted that Brighton staffing levels be kept low to trim costs. This scheme involved keeping one false, and one accurate, record of staffing levels. Documents for federally mandated inspections were also falsified.

The consequences of understaffing, an all-too-common sort of nursing home malpractice, include the following:

• an increase in nursing home falls and injuries
• more frequent and more severe bedsores
• dangerous medication errors
• increased potential for accidental resident death, necessitating the involvement of a wrongful death

• At Mt. Lebanon: Time Sheet Falsification—By having workers clock in and receive payment for shifts they did not work, this nursing home malpractice scheme allegedly attempted to make the home appear to meet Medicare and Medicaid staffing requirements. Additionally, care logs were allegedly falsified to show facility managers giving direct patient care that never occurred. Reportedly those Mt. Lebanon employees who participated in this scheme were compensated with bonuses.

• Patient Treatment/Medical Record Falsification—A third criminal plot named in the indictment involved the nursing home malpractice scheme of attempting to gain a larger federal reimbursement than was owed to the nursing homes. This was allegedly achieved by amplifying patient files with false ailments.

Both Brighton and Mt. Lebanon have been previously beleaguered with nursing home malpractice issues.

Opening arguments for the trial began in mid-November. According to the McKnight’s article, the trial could potentially go on for weeks.

Holding Nursing Homes Accountable for Fraud, Understaffing, Abuse, and Neglect

Nursing Home Malpractice and Wrongful Death Attorney Brian P. Murphy is dedicated to protecting Philadelphia/PA and NJ nursing home residents from neglect and abuse within the homes where they live. Your loved one living in a Philadelphia/PA or NJ nursing home should expect their facility to meet legally required health and safety standards, including upholding staffing requirements and ensuring that negligent and dangerous practices like falsifying records do not occur. An experienced nursing home malpractice and wrongful death attorney, Brian Murphy takes on Pennsylvania, Philadelphia, and New Jersey nursing homes for egregious acts of elder abuse, especially any incidence of nursing home malpractice that causes wrongful death. Attorney Brian Murphy is ready to discuss your legal options. If you or your loved one needs to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today.

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Nursing Homes are Failing to Report Falls and Bedsores:

A recent study shows that nursing homes are underreporting serious falls and bedsores, top indicators of nursing home malpractice.

According to a U.S. News & World Report article, a study indicates that U.S. nursing homes are failing to report a large percentage of bed sores and nursing home falls, which is skewing public data on nursing home performance and nursing home malpractice. The false data impairs the ability for people to choose quality nursing homes. According to the article, the study further indicates that the underreporting of incidents is often motivated by race.

After studying Medicare claims data on serious nursing home hospitalizations, researchers found that about 40% of falls and 32% of bedsore hospitalizations were not reflected on Nursing Home Care Compare, a website created by the U.S. Centers for Medicare and Medicaid Services (CMS) to help people choose the best nursing home. The website relies on self-reported data from nursing homes to provide the public with information on safety, care, and issues of nursing home malpractice in U.S. nursing homes.

Accurate information on nursing home falls and pressure ulcer hospitalization is important for people choosing a nursing home, as these are two prominent indicators of nursing home malpractice in a prospective facility.

• Bed Sores—Hospitalizations for the treatment of bedsores indicate that residents’ pressure ulcers have been allowed to deteriorate into severe wounds that require surgery or other emergency attention. When bedsores develop into late stage wounds or become infected, this is an indication nursing home malpractice has occurred. Severe bed sores can be deadly, necessitating the intervention of a wrongful death attorney.
• Falls—Like bedsores, nursing home falls are often preventable and their occurrence frequently indicates nursing home malpractice has occurred. Severe falls can result in serious injuries like limb or facial fractures, extensive bruising, sprains and strains, and sometimes can even result in death, leading to the family’s need to secure a wrongful death attorney.

The study compared the CMS data against medical claims filed to medicare by hospitals seeking reimbursement for treatment for bedsores or falls. The findings not only revealed a disparity of data, but also indicated that underreporting skewed along racial lines. Emphasizing that U.S. nursing homes are frequently segregated, lead researcher and assistant professor of public health sciences at the University of Chicago Prachi Sanghavi reported that nursing homes with more white residents reported more fall injuries and fewer bedsore injuries, while reporting rates from nursing homes with more black residents showed the opposite.

The report posited that alternative methods of measuring nursing home quality outside of self-reported data ought to be considered by CMS, such as objective data from Medicare and Medicaid claims. Having the most accurate information possible is crucial in choosing a nursing home, particularly since it can be complicated to change nursing homes only after discovering a home’s likelihood of committing nursing home malpractice. When choosing a nursing home, it’s prudent to use a range of sources and research methods (such as this guide) to research prospective homes for yourself or a loved one. Beyond the CMS website, the following methods are helpful in choosing a nursing home:

• Contact Your State DOH: The state Departments of Health in Pennsylvania and New Jersey make available their investigative records of every nursing home malpractice complaint in their respective states.
• Tour Prospective Homes: While a tour itself will not reveal the likelihood of nursing home malpractice, you can be alert for indicators. For example, since a top cause of nursing home malpractice is understaffing, you can use your tour to observe the number of staff members or to inquire about nurse-to-resident ratio and turnover rates.
• Contact a Nursing Home Attorney: Wrongful death and nursing home malpractice are matters highly familiar to nursing home lawyers. To learn about choosing a safe nursing home for your loved one, you should contact a trusted nursing home malpractice or wrongful death attorney.

Holding Homes Responsible for Neglect, Abuse, and Wrongful Death

Attorney Brian P. Murphy is dedicated to upholding the rights of Pennsylvania, Philadelphia, or New Jersey nursing home residents and ensuring their health and safety. As an experienced nursing home malpractice and wrongful death attorney, Brian Murphy has made it his mission to hold negligent Philadelphia/PA or NJ nursing homes accountable for preventable falls and bedsores and other incidents of nursing home malpractice. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, or if you need guidance in choosing a nursing home, call Brian Murphy today to discuss your legal options.

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‘Horrific’ Care Incidents Place Residents in Jeopardy at Iowa Nursing Home Numerous Times:

Following a series of complaints of deficient care, the Genesis Senior Living nursing home in Iowa was cited for several federal and state citations related to nursing home malpractice.

State inspectors found residents of an Iowa nursing home to be in immediate jeopardy as a result of actions consistent with nursing home malpractice, according to an Iowa Capital Dispatch article. As per the news story, a former staff nurse at the home called the quality-of-care standards there “horrific.”

After complaints against the facility accumulated, inspectors made an examination of the Genesis Senior Living nursing home in Des Moines in April and determined that 13 federal and two state citations related to nursing home malpractice were warranted against the home. Among the citations of nursing home malpractice were the following:

• Failure to meet quality-of-care standards
• Failure to protect residents from abuse and neglect
• Failure to investigate or respond to alleged violations
• Failure to adequately protect residents from infections
• Failure to notify family members of residents’ worsening conditions

The former staff nurse, who reportedly left the facility at the end of last year as a result of the shoddy care there, gave state inspectors multiple examples of incidents of “horrific” care equaling nursing home malpractice. Among these examples, and others discovered by inspectors, were the following:

• Neglected Infection: Last December the nurse discovered the dressing on a resident’s open foot wound had not been changed since its application eight days earlier. In changing the dressing, the nurse found the wound to be oozing and extremely foul-smelling. Despite the ordering of an antibiotic, the wound worsened in severity and odor, eventually landing the resident in the hospital, where it was determined that exposed bone within the wound had become infected, requiring four surgeries with bone grafts and a ten week hospital stay. As evidenced in this situation, nursing home infections that go untreated can be dangerous, and even deadly, potentially requiring the involvement of a wrongful death attorney.
• Medication Errors: When the nurse would begin her night shift, she would frequently discover that the day-shift medications had not been distributed to patients. Nursing home medication errors often are the result of poor care or insufficient staffing and thereby indicate nursing home malpractice has occurred.
• Poor Hygiene Care Given to Residents: At times, Genesis residents requiring two showers per week went seven days without being bathed. One resident requesting daily bathing went two weeks without a shower. Hygiene care is paramount in nursing homes, particularly for residents prone to bedsores, and failure to do is a sign of nursing home malpractice.
• Unsafe Mechanical-Lift Transfers: Inspectors found that in six of seven incidents wherein residents were injured during mechanical-lift transfers, Genesis did not ensure residents’ safety and thereby placed residents in immediate jeopardy during the time period of those incidents (Jan. 9 through April 26). Nursing home injuries are frequently indicative of neglectful care and nursing home malpractice.
• Neglect and Abuse by CNAs: Residents reported to the inspectors a range of incidents of neglect and abuse by certified nurse aides. Incidents of neglect included aides shirking work by hiding in closets or talking on their phones. Those of abuse involved treating residents rudely. One particular incident involved an aide telling a resident who’d been waiting for an undergarment change to “F—ing change yourself.” Any incidence of nursing home abuse and neglect should be looked into by a nursing home malpractice or wrongful death attorney.

The fines imposed by the state are currently suspended while the Centers for Medicare and Medicaid Services determine if federal penalties are necessary. According to the article, CMS has fined Genesis 10 times in the past two years.

Fighting Nursing Home Neglect, Elder Abuse, and Wrongful Death

Attorney Brian P. Murphy is dedicated to ensuring negligent Philadelphia/PA or NJ nursing homes be held responsible for incidents of nursing home malpractice. As an experienced nursing home malpractice and wrongful death attorney, Brian Murphy fights untiringly to uphold the rights and preserve the health and safety of Philadelphia/PA and NJ nursing home residents. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

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Biden Administration Calls for Transparency in Nursing Home Ownership and Operation: Research reveals that for-profit and private equity ownership of nursing homes is connected with increased nursing home malpractice and wrongful death.

According to a USA Today article, the Biden administration has proposed a rule calling for nursing homes to reveal if they are owned and operated by private equity firms or real estate investment trusts. The rule calling for transparency of ownership, issued by the Centers for Medicare and Medicaid Services earlier this month, relates to the president’s intention to reform nursing homes.

The complex ownership of certain American nursing home chains can make it unclear who decision makers are and where taxpayer money goes, as well as whether or not nursing homes are profitable. Disclosure of ownership and financial information will directly inform future policies intended to decrease nursing home malpractice related to poor quality of care. But in the meantime, says U.S. Health Secretary Xavier Becerra, the information about ownership would be made public as a means of informing consumers. When and how this information will be shared has not yet been decided.

Becerra is quoted in the article as saying that quality of care in nursing homes continues to decrease while costs soar. He also noted that recent studies have shown that ownership has an impact on quality of care in nursing homes.

The White House has previously noted that residents of private equity-owned nursing facilities have a greater likelihood of experiencing serious negative outcomes related to nursing home malpractice, some which necessitate the involvement of a wrongful death attorney. The Biden administration has named the following as negative outcomes more likely for residents of private equity-owned nursing homes:

• More nursing home injuries and illnesses that require hospitalization
• Higher mortality rates
• Higher nursing home infection rates

Nursing homes could be required to give updated information regarding direct and indirect ownership by mid-year.

Fighting Elder Abuse, Nursing Home Malpractice, and Wrongful Death

As a nursing home malpractice and wrongful death attorney, Brian P. Murphy has years of experience holding Philadelphia/PA and NJ nursing homes responsible for nursing home abuse and neglect. Residents of Philadelphia/PA or NJ nursing homes should feel safe and secure and should expect the facilities in which they live to respect every right to which they are guaranteed under federal law.  Having practiced for years as a wrongful death attorney, Brian Murphy fearlessly confronts negligent nursing homes and steadfastly pursues the successful resolution of his clients’ cases. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

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Years of Neglect at Cheltenham Nursing Home Draws Federal Lawsuit: 

Both Cheltenham Nursing & Rehabilitation Center and its parent company, American Health Foundation, Inc., are at the center of a False Claims lawsuit brought by the Justice Department.

The U.S. Department of Justice has filed a False Claims Act lawsuit against a Philadelphia area nursing home for years of “grossly substandard care” that amounts to nursing home neglect and abuse, a Philadelphia Inquirer article says. The lawsuit also alleges negligence on the part of Cheltenham’s parent company, an Ohio nonprofit called the American Health Foundation, Inc. (AHF).

Filed in June in Philadelphia, the 144-page civil complaint against Cheltenham Nursing & Rehabilitation Center claims that the nursing home permitted residents to endure a range of long-term incidents of nursing home abuse and neglect, such as verbally abusing residents, giving them unnecessary antipsychotic and antibiotic medications, neglecting to safeguard residents’ personal belongings, and allowing them to reside in a building infested with pests.

According to the article, the continued existence of the long-troubled Cheltenham home underscores a poorly functioning regulatory system for nursing homes; however, advocates for the elderly are encouraged by the step the Justice Department is taking.

“It’s about time,” said Sam Brooks, policy director for the National Consumer Voice for Quality Long-Term Care, a Washington nonprofit.

The False Claims case against AHF seeks to recoup money that was used for “nonexistent or grossly substandard services.” Listed in the suit are over 104 allegedly false claims made by AHF facilities, totaling over $473,000. Cheltenham accounted for 85 percent—over $403,000—of these costs. Should the federal government win the case, AHF may be required to pay back three times as much as it received from Medicaid and Medicare for the “nonexistent or grossly substandard services.” AHF will also be forced to pay fines of up to $25,000 per violation.

Years of neglect at Cheltenham nursing home draws federal lawsuit which also alleges that, during the prolonged years of abuse and neglect at Cheltenham, AHF persistently endeavored for the home to slash nursing costs and increase the number of admitted residents—particularly needier residents who would boost Medicaid rates—at the home, even as AHF itself garnered millions of dollars in management fees from Cheltenham.

According to the Inquirer’s research, between 2016 and 2018 Cheltenham paid $3.6 million in management fees to two AHF entities; in this timeframe AHF paid over $3.5 million to its executives and board members. Meanwhile, Cheltenham suffered a total net loss of nearly $2.3 million between 2016 and 2018. In its complaint the Justice Department argues that the management fees imposed on Cheltenham demonstrated negligence on the part of AHF managers.

In 2018 Cheltenham Nursing was fined about $825,000 by the Centers for Medicare & Medicaid after a resident committed suicide. In the current lawsuit the Justice Department is now saying that Cheltenham’s failure to provide proper psychiatric care amounts to nursing home neglect that contributed to the suicide. According to the Inquirer, the home and AHF have yet to pay the 2018 fine to CMS.

Your Advocate Against Nursing Home Abuse and Neglect

The Philadelphia/PA or NJ nursing home where your loved one lives is required to meet health and safety standards and also to ensure its residents achieve a quality level of physical, mental, and psycho/social well-being. Should you have concerns about the quality of care in a Pennsylvania or New Jersey nursing home, or if you suspect neglect, abuse, or fraud has occurred at the Pennsylvania, Philadelphia, or New Jersey nursing home where your loved one lives, please contact nursing home abuse attorney Brian P. Murphy to discover your legal rights and options.

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Additional CMS Requirements to Prevent COVID Infections from Under-Vaccinated Nursing Home Staff:

According to Provider Magazine, the Centers for Medicare and Medicaid Services (CMS) has compiled lists of additional precautions beyond the CDC’s Interim IPC Guidance for Nursing Homes  that facilities should take to prevent the occurrence of COVID-19 nursing home infections from unvaccinated workers. While vaccinations for nursing home workers are currently mandated, current staff members who are exempt from receiving the vaccine for medical or religious reasons, or newly-hired workers who have yet to receive both doses of the series, still pose a threat of causing COVID nursing home infections while working with the vulnerable elderly. Since putting residents at unnecessary risk for nursing home infections is tantamount to nursing home neglect, facilities would be wise to implement the most relevant precautions for  their nursing home population.

The precautions are outlined in the following CMS QSO memos: QSO-22-07-LTC, QSO-22-09-LTC, and QSO-22-11-LTC. While not every precaution outlined in the QSO memos is required, nursing homes are urged to form precautionary policies based on these memos according to residents’ vulnerability to COVID-19 nursing home infections. The following list includes a few suggested measures a nursing home might take to stave off COVID nursing home infections by unvaccinated workers:

• Allow less-vulnerable residents to be cared for by unvaccinated staff who wear N95 masks while preventing immunocompromised residents from having direct contact with unvaccinated workers
• Increase the frequency at which unvaccinated workers are tested for COVID-19 (the current testing requirements as posed by CMS and the CDC guidance , which is based on COVID transmission within the wider community, may be exceeded as a facility sees fit)
• Implement social distancing measures
• Reassign unvaccinated staff to non-patient care duties or remote work

Nursing home understaffing issues resulting from the impact of the coronavirus pandemic and from the vaccine mandates that followed might pose challenges to facilities attempting to implement certain of the above precautionary measures. For example, staffing shortages might impact a nursing home’s ability to shift crucial but under-vaccinated workers into non-patient care; however, irrespective of the strain placed on staff, precautionary efforts need to be taken such as the additional CMS requirements to prevent COVID infections, or else these homes will have exposed their vulnerable residents to nursing home neglect.

Fighting for Your Loved One

Even in the aftermath of a pandemic, Pennsylvania and New Jersey nursing homes are required to meet specific health and safety requirements and to provide such care as to secure the physical, mental, and psycho/social well-being of their residents. To meet these standards, the Philadelphia/PA or NJ nursing home where your loved one lives must be equipped to avoid the poor care that amounts to nursing home neglect or abuse. This includes the prevention of nursing home infections and nursing home understaffing. Should you have concerns about a Pennsylvania or New Jersey nursing home during COVID-19, or if you suspect neglect, abuse, or fraud has occurred at the Pennsylvania, Philadelphia, or New Jersey nursing home where your loved one lives, please contact nursing home abuse attorney Brian P. Murphy to discover your legal rights and options.

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DOH Commissioner Defends NJ Nursing Home COVID Response:

Amid ongoing claims that the state’s efforts fell short in combatting the COVID crisis in New Jersey’s long-term care facilities, Health Commissioner Judy Persichilli defended the state’s response to the pandemic at a recent budget hearing, speaking to accusations that the NJ Department of Health delayed nursing home inspections during the critical early months of the crisis and forced ill-equipped homes to re-admit COVID-positive residents, two failures which critics feel contributed to the over 8,000 COVID-19-related deaths that occurred at New Jersey nursing homes since the onset of the pandemic.

According to an article on NJ1015.com, DOH commissioner defends NJ nursing home COVID response, during a hearing originally called to discuss the department’s budget, but shifting focus to its pandemic response. Persichilli was prompted to go on the defensive regarding measures taken by the DOH. Regarding last spring’s directive concerning the re-admittance of COVID-positive residents to nursing homes from hospitals, Persichilli argued that the directive was indicated only for those homes that could meet certain requirements, such as those that were able to isolate sick residents, provide adequate staffing, and supply their staff with adequate PPE. Persichilli furthermore stated that alternate arrangements had been made to address facilities that could not meet such requirements, including the creation of three COVID-only facilities that accepted over 3,000 residents between April and June.

A NJ.com article conveyed Persichilli’s response to the criticism of inspection delays. She claimed a lack of PPE initially prevented inspections, but that in the ensuing months numerous nursing home inspections—including over 1,000 infection control inspections—turned up more than 600 violations, which led the DOH to levy $2.2 million in fines against 79 operators. While the health commissioner did not specify which facilities were cited or what the nature of the violations were, Persichilli indicated that numerous failures on the part of the facilities themselves had much to do with the scope of the pandemic’s impact on nursing homes.

“We are dealing in long-term care with an industry that has lacked resiliency for years,” Persichilli said.

Critics of New Jersey Gov. Phil Murphy’s handling of the pandemic have been vocal over perceived shortcomings since the news broke regarding the state-licensed Andover Subacute and Rehabilitation Center in the County of Sussex, where last year 17 bodies were found piled in a makeshift morgue after the facility was overwhelmed by COVID. According to a Patch.com article, requests for public records—from those relating to inspection reports for the Subacute facilities, to those involving the DOH’s communications with Andover Subacute’s legal counsel, to those revealing details regarding Andover Subacute’s PPE inventory—have yet to be provided by the department.

Andover Subacute I and II, since renamed Limecrest Subacute and Rehabilitation and Woodland Behavioral and Nursing Center, had a history of deficiencies prior to being ravaged by COVID, and maintained a “much below average” 1-star rating for three years in a row. Following the makeshift morgue incident, an inspection by the Centers for Medicare & Medicaid Services (CMS), determined that the facility had failed to provide proper infection control, which “caused, or was likely to cause” serious injury, serious harm, serious impairment, and death among residents. In addition to other fines, a Civil Money Penalty of $220,235 was imposed by CMS, with other monetary penalties to follow until “substantial compliance is achieved or termination occurs.”

An Attorney You Can Trust in Uncertain Times

Determining the quality and safety of the Philadelphia/PA or NJ nursing home where your loved one lives is essential. Pennsylvania and New Jersey nursing homes are required to meet health and safety standards requirements and to ensure the physical, mental, and psycho/social well-being of their residents. Should you have concerns about the quality of care in a Pennsylvania or New Jersey nursing home, or if you suspect neglect, abuse, or fraud has occurred at the Pennsylvania, Philadelphia, or New Jersey nursing home where your loved one lives, please contact nursing home abuse attorney Brian P. Murphy to discover your legal rights and options.

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