By Kim Gale  |  May 17, 2018

Category: Consumer News

nursing-home-violationsSeventeen citations for nursing home violations were issued to a Kalamazoo, Mich. nursing home that was investigated after announcing plans to downsize.

The Upjohn Community Care Center was the subject of numerous complaints that the facility was forcing residents to move because the owners wished to downsize the facility.

The state investigated and found that Upjohn violated laws that protect nursing home residents from being evicted and issued 17 citations for “substandard quality of care.” These alleged nursing home violations may have led to neglect and abuse of residents.

The Bureau of Community and Health Systems sent a letter of enforcement to Upjohn regarding a survey of the facility only partly completed in March, saying Upjohn was not compliant with participation requirements set by Medicare and Medicaid.

The Bureau of Community and Health Systems is a division of Michigan’s Department of Licensing and Regulatory Affairs.

The Bureau’s letter indicated the survey indicated the facility “failed to develop and implement a baseline care plan for 5 of 5 residents reviewed for care plans… resulting (in) the actual and potential resident needs not being met.”

In one of the most serious nursing home violations, a 92-year-old woman allegedly fell and hurt her head on March 4 because Upjohn “failed to provide adequate supervision to prevent falls.”

Because of the fall that allegedly resulted in a resident’s death, the nursing home is unable to accept new patients who are covered by either Medicare or Medicaid until the facility proves it has become compliant with all participation regulations.

Other nursing home violations were issued because of inadequate care of bed sores, also known as pressure ulcers. The facility also was faulted for inadequately accommodating residents who needed help moving from one place to another, including going to the bathroom.

The Upjohn Community Care Center will need to submit a plan to the state that indicates how the nursing home violations will be addressed and corrected. The Bureau also could face fines from the federal government due to the allegations the facility failed to meet Medicare program requirements.

Salli Pung is Michigan’s State Long Term Care Ombudsman, who had earlier made it known she was unhappy with the Licensing and Regulatory Affairs’ slow reaction to complaints regarding Upjohn’s plan to evict residents to downsize the facility. She expressed that she now was pleased the state conducted the investigation and proceeded with issuing citations for the nursing home violations.

Heritage Community of Kalamazoo owns and operates the Upjohn Community Care Center and six other facilities for independent living, assisted living, memory care, and skilled nursing care. According to the company’s website, Heritage Community is a nonprofit senior living residence founded in 1945 as “secure, comfortable living for all seniors, regardless of their ability to pay.”

In April, Heritage’s CEO Jay Prince issued a statement regarding the nursing home violations, which says in part, “Regarding the Upjohn facility, we’ve already taken proactive steps, including reaffirming our commitment to not evict anyone, and upgrading the facility over time.”

In general, nursing home neglect lawsuits are filed individually by each plaintiff and are not class actions.

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