For plaintiffs, the fact that Genesis can sidestep the majority of its financial obligations to injured patients represents an \u201cinfuriating\u201d lack of accountability, said Tyler Atkins, founding partner of another Albuquerque-based law firm that takes on nursing home abuse and wrongful death cases.<\/p>\n
\u201cThey just feel cheated by the entire system, like there\u2019s no accountability,\u201d he said.<\/p>\n
Care, dignity, safety<\/p>\n
Nursing homes \u2014 which provide short- or long-term care to people who need 24\/7 medical care as well as assistance with activities of daily living such as feeding, bathing and using the toilet \u2014 are responsible for providing three main things for their residents, Atkins said.<\/p>\n
\u201cWhen there\u2019s a lack of any of those three \u2014 of care, dignity or safety \u2014 that\u2019s when people like me become involved to try to hold these big corporations accountable for not providing the things that they promise to provide,\u201d Atkins said.<\/p>\n
Care and safety are relatively straightforward. Inspectors from the state Health Care Authority\u2019s Division of Health Improvement are responsible for conducting certification and compliance surveys at nursing homes on behalf of the Centers for Medicare and Medicaid Services. They check for things like proper medication management, adequate food storage and preparation protocols, appropriate staffing to meet residents\u2019 care needs and procedures to protect residents from physical and mental abuse.<\/p>\n
Dignity is harder to quantify, Atkins said, but it\u2019s about ensuring patients can live as well as possible while receiving nursing care. That might mean they get enough baths, or they\u2019re able to use the bathroom, with help, in a timely manner.<\/p>\n
Often, Atkins added, patients\u2019 dignity is tied to staffing: Are there enough people working in a facility to accomplish those tasks?<\/p>\n
The Centers for Medicare and Medicaid Services\u2019 rating system serves as a similar rubric. It gives star ratings based on health inspections, quality and staffing, plus an overall measure.<\/p>\n
Genesis facilities in New Mexico run the gamut in terms of ratings. Two of the company\u2019s facilities \u2014 located in Albuquerque and Clayton \u2014 secured five-star overall ratings from the agency. Three more, located in Albuquerque, Belen and Gallup, earned four-star ratings.<\/p>\n
But 13 of Genesis\u2019 21 New Mexico nursing homes received one- or two-star overall ratings, the data shows.<\/p>\n
Often, families are selecting a nursing home under pressure, when a loved one is going to be discharged from the hospital but can\u2019t safely return home, Foote said.<\/p>\n
\u201cThere [are] so many families where there\u2019s a crisis, and then there\u2019s this [question]: \u2018Where do we go? What are our options?\u2019 \u201c she said. \u201cI think families here are finding they\u2019re really limited, and the quality across the board is not great.\u201d<\/p>\n
That\u2019s the case in Santa Fe.<\/p>\n
Citations at Casa Real<\/p>\n
Genesis\u2019 Casa Real is just one of two nursing home facilities currently operating in Santa Fe County, though a third skilled nursing facility is under development<\/a> in a lot on Galisteo Road. That\u2019s equivalent to fewer than 250 skilled nursing beds in a county with more than 45,000 people 65 and older.<\/p>\n Casa Real nursing home, a Genesis HealthCare facility, is shown Saturday.<\/p>\n<\/p>\n