Nursing Home Spotlight: Ballard Nursing Center, Des Plaines, Illinois

Ballard Nursing Center is yet another large nursing home facility located in Des Plaines, Illinois. Ballard can accomedate 231 Medicare / Medicaid patients.  Ballard scored three out of five stars according to the Medicare Nursing Home Compare website, which is an average rating.  Ballard had only five health deficiencies in the past year, which is three less than the average in Illinois and in the United States. 

Despite the relatively low number of health deficiencies, some residents failed to receive the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being.  

During a recertification survey on August 14, 2009, inspectors found that one resident was in severe pain for over twenty hours because the facility failed to reassess and relieve her pain within a reasonable timeframe.  The resident was a 70 year-old female who had recently had surgery on her left thigh and was admitted to the facility with a non-healing surgical wound.  She complained to nurses that she was experiencing severe knee pain and was given Tylenol and a Lidocaine patch.  However, the severe pain persisted with no relief from the prescribed treatment.  The facility did not order any additional pain medications until the surveyor intervened on her behalf.  As a result, this resident suffered excruciating knee pain for over twenty hours. 

Another resident, a 48 year-old female who is in a vegetative state and cannot communicate because of a traumatic brain injury, was observed in her room moaning and crying out.  A review of her clinical chart revealed that she had no current pain assessment.  When the surveyor asked staff why the resident was crying out, they responded that they didn’t know and that she cried out on occasion.  In addition, because the resident cannot communicate, the staff must anticipate potential for pain.  The facility failed to do so when removing hand splints, which may have caused the resident pain. 

The facility also failed to ensure that food was stored and distributed under sanitary conditions, which exposed all residents in the facility to potential harm.  Older adults are particularly susceptible to food poisoning because of weakened immune systems, and many older adults already have weakened immune systems because of age, illness, or disease and their bodies cannot handle the added onslaught of food poisoning illness.  The surveyor found cups of juice and milk in the refrigerator without labels indicating the date they were opened.  Also, food debris was observed on dishes after being “washed” in the dishwasher. 

During a complaint investigation concerning the death of a 61 year-old male resident, it was found that the facility failed to ensure that the resident was free from neglect and also failed to thoroughly investigate the improperly placed tracheostomy tube.  The facility’s failures resulted in the hospitalization and eventual death of the male resident because he did not receive enough oxygen during a respiratory arrest which led to respiratory failure. 

Although the facility was supposed to check on the resident every four hours because he had a tracheostomy, documentation revealed that the Respiratory Therapist failed to check on the resident every four hours.  A Certified Nurse Aide (CAN) found the resident with his trach tube out and reinserted it.  The CNA called the Respiratory Therapist when the resident was unresponsive.  While attempting to revive the resident, the resident passed out and coded.  At this point, the facility called an ambulance, and the resident was rushed to the Emergency Room in “Full Arrest with Cardiac Pulmonary Resuscitate (CPR) in progress by the paramedics.  In the ER, doctors removed the tracheostomy and inserted a new tube into the trachea to ventilate.  However, by that time, the resident had gone at least half an hour without ventilation.  The resident died as a result of fatal respiratory arrest. 

The facility then failed to thoroughly investigate this occurrence that led to the resident’s death.  In addition, the facility did not notify the state reporting agency of the occurrence.  The facility fired the Respiratory Therapist for “unsatisfactory work performance” nine days after the incident.  However, no evidence of an investigation was found even though the Respiratory Therapist’s actions led to the resident’s death.  In response to these serious deficiencies, the facility checked all 37 residents with trach tubes and reviewed the policy on trach and vent checks with respiratory staff.  Hopefully the facility response will prevent any future preventable deaths. 

Although Ballard Nursing Center received an average rating from Medicare, the facility has suffered from problems, which even led to the death of one male resident.  In a large nursing home such as this, sometimes not all residents receive adequate and appropriate care which can lead to serious health complications.  

Furthermore, this recent survey demonstrates that seemingly quality nursing homes, such as Ballard, still have episodes where poor care result in patient injury or death.  Families of patients at all nursing homes-- regardless of their reputation-- should visit regularly and speak up if dangerous conditions are seen.  Your observations may prevent unfortunate situations from occurring.

Thank you to Heather Keil, J.D. for her assistance with this Nursing Homes Abuse Blog Entry

Resources:

IDPH: Ballard Nursing Center

Medicare: Ballard Nursing Center

Related:

Staff Must Be Diligent In Order To Avoid Clogged Breathing Tubes Amongst Nursing Home Patients

Elderly Nursing Home Patients Are Particularly Susceptible To Illness Related To Contaminated Food

Study Reveals Nursing Home Patients Chronic Pain Is Not Adequately Controlled

Thankfully, We Now Have Many Laws To Protect The Elderly From Abuse In A Variety Of Settings. However, Laws Are Worthless, If The People For Whom They Are Intended To Help Are Unaware Of Them

Over the last 20 years, federal and state legislatures have drafted many laws with the intention of protecting the most vulnerable members of our society-- they elderly.  As the laws accumulate, it is important to know what laws apply to particular situations of abuse or mistreatment and how to properly apply them to particular situations.

What is elder abuse?

Elder abuse is the abuse, neglect, and financial exploitation of elderly persons. Older adults are particularly vulnerable to this type of abuse because of their isolation, illness, or fear. In the United States, an estimated 1 to 2 million Americans age 65 and older have suffered from abuse.

In Illinois, an estimated 76,000 persons over age 60 suffer from elder abuse, but only 10,000 elderly victims report this abuse to the Elder Abuse and Neglect Program each year. The 2008 Illinois Elder Abuse and Neglect Program Annual Report, Demographics reveals that of reported cases of abuse in Illinois in 2008: almost one in four victims are age 86 or older, the most common report received involved financial exploitation followed closely by emotional abuse, 77% of abusers were either the spouse, child, or other relative, and 70% of victims were female.

What is the Elder Abuse and Neglect Act?


The Elder Abuse and Neglect Act (320 ILCS 20/1 et seq.) is an Illinois law established to “design and manage a program of response and services for persons 60 years of age and older who have been, or area alleged to be, victims of abuse, neglect, financial exploitation, or self-neglect.” This program is administered by the Illinois Department on Aging and is coordinated locally through 45 provider agencies. The Program provides investigation, intervention, and follow-up services to victims of elder abuse.

The Elder Abuse and Neglect Program responds to the following types of abuse (320 ILCS 20/2(a)):
 

Physical abuse – inflicting physical pain or injury upon an older adult

Sexual abuse – touching, fondling, intercourse, or any other sexual activity with an older adult who is unable to understand, unwilling to consent, threatened, or physically forced

Emotional abuse – verbal assaults, treats of abuse, harassment, or intimidation

Confinement – restraining or isolating an older adult, other than for medical reasons

Passive neglect – caregiver’s failure to provide an older adult with life’s necessities (food, clothing, shelter, medical care)

Willful deprivation – willfully denying an older adult medication, medical care, shelter, food, therapeutic device, or other physical assistance which exposes that person to the risk of physical, mental, or emotional harm

Financial exploitation – misuse or withholding of an older adult’s resources by another, to the disadvantage of the elderly person, or the profit or advance of someone else

In order to encourage people to report elder abuse (call Elder Abuse Hotline at 1-866-800-1409), the Act provides that a person who reports suspected elder abuse in good faith or cooperates with an investigation will be granted immunity from criminal or civil liability or professional disciplinary action and their identify will not be disclosed without written permission or a court order. The Department on Aging, Office of Elder Rights started a campaign called Break the Silence (brochure) to increase public awareness of elder abuse.

Illinois law requires that persons delivering professional services to older adults (social services, adult care, law enforcement, education, medicine, state service to seniors, and social workers) report suspected abuse of older persons who are unable to report for themselves. This mandatory reporting requirement only applies if the reporter believes that the older person is not capable of reporting the abuse themselves. Any physician who willfully fails to report as required by the Act is referred to the Illinois State Medical Disciplinary Board. Any other mandated reporter required by the Act who willfully fails to report is guilty of a Class A misdemeanor.

The Department also encourages people to report suspected elder abuse even when not required. If the older person is a nursing home resident, reports are made to the Illinois Department of Public Health’s Nursing Home Hotline (1-800-252-4343).

Applicability of Elder Abuse & Neglect Laws to Nursing Homes and Group Homes

Nursing homes and group homes are intended to provide a safe and secure home for your family members when they are unable to live on their own or need special care and services. These facilities promise to take care of our loved ones with the care, respect, and safety that they deserve. However, many cases of elder abuse and neglect occur in these very facilities.

Illinois nursing homes are subject to federal and state laws including the Illinois Nursing Home Care Act (210 ILCS 45), which establishes minimum standards for the facility. The Illinois Department of Public Health (IDPH) is responsible for licensing nursing homes in order to ensure that they provide adequate and proper care for their residents. In addition, Illinois nursing home residents are guaranteed certain privileges according to the rights and protections afforded under State and Federal law (Resident’s Rights brochure).

When you enter a long-term care facility, you maintain the right to safety and good care, privacy, manage your own money, participate in your care, safety of your personal belongings, and keep living in your facility. It is important to remember that you do not lose your rights just because you enter a nursing home facility.

One of the most important rights you have is freedom from abuse, neglect, financial exploitation, and self-neglect. If a nursing home employee, medical worker, social services worker or other mandated reporter who is engaged in carrying out their professional duties suspects that a nursing home resident is being abused or neglected, they have the responsibility to report their suspicions to IDPH under the Elder Abuse and Neglect Act. Additionally, any person who suspects abuse or neglect may also voluntarily report their suspicions to IDPH.

IDPH is responsible for investigating allegations of abuse or neglect in long-term care facilities, including nursing home facilities. When a mandated reporter or any other person who suspects elder abuse reports an allegation to IDPH, an investigator responds to the complaint to ensure that the elderly person is not living in an abusive situation. An investigator will usually visit the facility in question and perform a face-to-face assessment with respect to a complaint report along with any casework and follow-up as required by Department protocols.

If you suspect that an older adult, age 60 or older, is being subjected to abuse, neglect, or exploitation, it is important to report your suspicions to the Illinois Department on Aging or the Illinois Department of Public Health if the person is a nursing home resident. Older adults, especially those with mental disabilities or illness, are particularly vulnerable to abuse and neglect. It is important to be vocal proponents of the safety and well-being of older adults to ensure that they receive adequate care and services while maintaining their rights.

Resources:

ILGA: Elder Abuse and Neglect Act
State of Illinois: Elder Abuse and Neglect Act and Related Laws
Illinois Department on Aging: Resident’s Rights Brochure
Senior Services Inc: Elder Abuse Intervention

Related Nursing Homes Abuse Blog Entries:

A Legal Victory For Nursing Home Residents. State Laws Can Supersede Federal Arbitration Act

Elder Abuse: Why Bruises Can Be Tell-Tale Signs Of Poor Care

Bone Fractures In The Elderly Require Special Attention To Improve Recovery & Prevent Complications

Professor Devotes New Book To 'Oscar The Cat'-- The Feline With The Ability To Predict Death

Talk about worthless news stories, here's a news-clip about a Brown University professor who will be releasing a new book devoted to.... a cat.  Not just any alley cat, 'Oscar' allegedly has the ability to predict the impending death of nursing home patients.  Oscar has apparently successfully predicted the impending death of more than 50 patients in a Rhode Island nursing home.  Apparently, when Oscar cuddles up with you, your day may be numbered.

 

 

Lawsuit Alleges CNA At A Golen Living Center Sexually Abused Paralyzed Patient

A recently filed lawsuit against Golden Living Centers in Merrillville, IN alleges that a CNA at the facility entered the room of a paralyzed stroke patient, took his clothes off and fondled the man against his will.  The CNA identified as, Ismael Golden, also faces criminal charges related to the alleged sexual abuse.  In addition to this incident, Mr. Golden is also accused of sexually assaulting another patient at the Indiana nursing home.

Read more about this case of alleged sexual abuse at a Golden Living Center here.

Related:

Lawsuit Claims That Nursing Home Failed To Intervene In Case Involving The Sexual Abuse Of A Patient

Nurse Charged With Rape Of Disabled Patient

In Wake Of Sexual Assault Of Elderly Woman, Chicago Nursing Home & Administrator Named In Civil Lawsuit

Update On Nursing Home Rape: Facility Made Errors In Investigation Of Incident

Golden Living Partners With Microsoft To Help Manage Patient Medical Records

Bankruptcy Laws Allow Owners Of Assisted Living Facility To Ignore $1.2M Judgment Against Them

The $1.2 million judgment  North Carolina Superior Court Judge, James Ammons handed down in a 2006 negligence trial will literally amount to nothing after the owners of the Countryside Villa run-for-cover under North Carolina's bankruptcy laws.

The large verdict against the assisted living facility was awarded to Joe Cooper, a Marine Corps Veteran, who suffered a concussion, respiratory failure that required a breathing tube and the loss of several teeth in a incident that occurred at the facility in 2003.  In addition to the facilities responsibility for Mr. Cooper's injuries related to the specific episode, Judge Ammons also concluded that Countryside Villa's pattern of 'egregiously wrongful acts' further resulted in the aggravation of Mr. Coopers diabetes and other medical conditions.

North Carolina, like the majority of states, does not require the owners of nursing homes and assisted living facilities to carry liability insurance.  In this case, and other similar cases, the judgment may attach to the owners of the facility individually, but the enforcement of the judgment remains difficult if-- if not downright impossible-- when the owner deliberately shields his or her personal assets by utilizing bankruptcy laws in their favor.

According to the owners bankruptcy petition, they were barely able to squeeze out a living with an annual income of $330,706 as their expenses ate into the majority of their take.  According to Mr. Cooper's daughter, the doors to this assisted living facility remain open.

As a lawyer who represents people injured in long-term care facilities, I am continually frustrated by the lack of accountability on the part of the owners and operators.  What continually impresses me is the sheer greed of many of these people.  Rather than make the necessary improvements to their facilities and purchasing adequate insurance coverage to protect their patients, they make a conscious decision to squeeze every last penny of profit out of their facilities.  Given the lack of civil enforcement, maybe its time to impose criminal penalties against operators who willfully endanger their patients?

Read more about this North Carolina assisted living facility here.

Related:

Who Benefits From Damage Caps In Nursing Home Lawsuits?

Appellate Court Orders Retrial In Nursing Home Negligence Case With $29.8M In Punitive Damages

Juries Sending A Message To Nursing Homes

Support Mandatory Nursing Home Insurance

Respite Care: A Welcome Break For Caregivers Or Exposing A Loved One To Unnecessary Harm?

Respite Care means the intermittent and temporary care for frail or disabled adults on behalf of the primary caregiver in order to provide relief and support. It is an important aid for families who care for older family members so that they can run errands, work, take care of personal matter, or even give them some time off to relax. This allows you to care for family members without having to institutionalize them. 

Caregiving requires large amounts of time, emotion, and money. It can be very stressful, which can lead to situations of abuse, neglect, financial exploitation, or even feelings of resentment. This is why having programs that offer respite care are so important to ensure that you give your family members the care they deserve while allowing you some time to yourself. 

Respite care comes in many forms; it can be managed through national organizations such as The Arc, Easter Seals, and United Cerebral Palsy, provided by local organizations such as churches, schools, and non-profits, or even arranged with neighbors or people the family knows. The services provided depend on the provider, the needs of the family, and available funds. In addition, respite care can be planned or provide emergency relief to the caregiver. 

In-home respite care means care provided by a trained paid worker providing short-term intermittent care, supervision, or companionship to the frail or disabled adult in the home while relieving the caregiver. In-Home respite care can consist of:

  • Home-based services
  • Sitter-companion services
  • Parent-trainer services

Out-of-Home respite can consist of:

  • Family Care Homes
  • Respite Family Day Care
  • Respite in Corporate Foster Home Settings
  • Residential Facilities
  • Parent Cooperative Model
  • Respitality Model
  • Hospital-Based
  • Camps

It is important that respite care workers receive proper training in order to provide quality care and assistance to your elderly or disabled family members. Elderly persons are at risk for abuse, neglect, and financial exploitation, which makes it even more important to take care when choosing respite care workers. You must have peace of mind when leaving your loved ones with a respite care worker, so you know that they are receiving 

In Illinois, the Respite Program Act (320 ILCS 10) acknowledges the importance of respite care and helps provide affordable and appropriate in-home respite care services. The Director of the Illinois Department on Aging (IDOA) is in charge of administering a program of assistance to persons in need to deter the institutionalization of frail or disabled adults. The Act provides that respite care workers should be appropriately trained to provide in-home supervision and assistance to a frail or disabled adult. 

As part of the 2000 National Family Caregiver Support Program, Illinois was given $4.7 million to develop the Caregiver Support Program, part of which is intended to lead family caregivers to respite care to enable them to be temporarily relieved from their caregiving responsibilities. There are Caregiver Resource Centers (Region 12 – City of Chicago) across the state which can help you located services. In 2009, the Illinois Department on Aging received a $200,000 federal grant to improve the state’s respite programs.  Also in 2009, the IDOA implanted its three-year Lifespan Respite Project in collaboration with the Illinois Respite Coalition and other state and private organizations in order to improve respite care by establishing a statewide listing of respite services and train respite providers and volunteers. 

Deciding whether or not to institutionalize a family member is a difficult and personal choice. If you do decide to offer care to an elderly or disabled family member in your home, there are respite care programs that can offer much needed relief and support. 

As lawyers who frequently represent the elderly, I see many individuals mistreated or neglected in a respite-care-setting.  The majority of the time we see an injury occurring in these situations, is probably due to an unfamiliarity between the temporary caregiver and the patient. 

In order to make respite stays as easy on the facility and the individual, I suggest the following:

  • Visit the respite care facility on your own and with your loved one (if possible) before the respite visit
  • Make sure the facility regularly handles respite care stays
  • Try to be consistent with the facilities or individuals you use for respite care
  • Communicate your loved one's needs to the staff
  • Bring photos or other familiar keepsakes to the respite care facility
  • Don't hesitate to make a brief phone call to check in during the respite stay

Sources:

ILGA: Respite Program Act

DHHS: Respite Care

Illinois Department on Aging: Caregiver Support Program

Administration on Aging: Lifespan Respite Care Program

Elderly Woman Wanders From Her Convalescent Home To Her Death

I'll never get accustomed to the fact that many elderly will suffer an injury or die due to the carelessness of people who are intended to care for them.  It seems that every few weeks we hear about an elderly person who mysteriously goes missing from a facility and wanders to his or her death.  Despite the frequency, it still outrages me when I hear about such completely preventable situations.

Most recently, I was saddened to hear about the death of 63-year-old Rosemary Nelson who was found dead along the shoulder of the road after wandering from a California convalescent home.  Ms. Nelson's body was discovered three days after she was reported missing from the facility that was responsible for her care.  A medical examiner concluded Ms. Nelson's death was due to 'exposure'

According to a report from Ms. Nelson's family, Ms. Nelson had a history of wandering from facilities and had gone missing from other board-and-care facilities in the past.

Of course its easy to come up with excuses why this elderly woman managed to wander from this skilled nursing facility, yet the reality most certainly remains that someone at the facility was not doing their job when this lady managed to leave undetected.  As a society we must begin to demand that nursing homes begin to look after our elders the same way we expect nursery schools to look after out toddlers.  Until we demand full accountability, we will likely continue to hear about elderly who wandered into a world they are ill equipped to handle.

Read more about this wandering episode involving a California Nursing Home here.

Related Nursing Homes Abuse Blog Entries:

Assisted Living Facility Lets Resident Walk Out The Door & Into Semi

Woman Dies From Hypothermia After Wandering From Assisted Living Facility

Chicago Nursing Home Lawyer, Jonathan Rosenfeld, Interviewed Regarding Preventing Patients From Wandering

What Can Nursing Homes Learn From Jails?

Nursing Home Operator And CNA's Named As Defendants In Civil Lawsuit After Sex Abuse Scandal

After the well publicized abuse of elderly patients at the Good Samaritan Nursing Home in Minnesota, some of the patients who were victimized have filed a civil lawsuit against the nursing home and the individual nurses involved. 

Prosecutors have already filed criminal charges against two young woman who tormented many of the Alzheimer's and dementia patients they were responsible for caring for.  The criminal investigation revealed that these derelict CNA's were repeatedly abusing Good Samaritan patients over a six month period in 2008.

While employers are generally not responsible for the intentional acts of their employees, lawyers for the nursing home patients will argue that the abuse instituted by the nurses continued for such a long period that the nursing home knew or should have know of the abuse taking place at their facility.

Given the fact that many of the young women who were involved in this situation were 18-years-old, I find any argument by the nursing home operator that these women were acting on their own and did not require supervision laughable. 

As a lawyer who has represented victims of sexual abuse, I find these "I didn't know" arguments made by employers heartless and insincere.  I'll bet that if these young women were working a cash-register at this facility and were regularly taking money from the company coffers, the company would have stopped their conduct a lot quicker!

Read more about this nursing home lawsuit here.

Related Nursing Homes Abuse Blog Entries:

Girls Gone Wild In Minnesota Nursing Home

Nursing Home Abuse Charges Filed Against Teenage Workers

Forwarded Email From A Perfect Cause Re: Abuse At Albert Lea Nursing Home

Lawsuit Claims That Nursing Home Failed To Intervene In Case Involving The Sexual Abuse Of A Patient

60 Nursing Home Patients Sickened By Norovirus

More than 60 patients at the Good Shepherd Nursing Home in Ohio have become ill after contracting norovirus.  According to the Ohio Department of Health the norovirus outbreak occurred sometime around January 15th.

It is unclear what triggered this norovirus outbreak, but norovirus is highly contagious and can be spread through feces, vomit or food poisoning.  In order to reduce episodes of norovirus, it is important to regularly wash hand and follow common sense sanitation guidelines.

Most people with norovirus initially have a bad stomach ache followed by nausea, vomiting or diarrhea.  Norovirus in the elderly can be particularly problematic because many of the symptoms result in dehydration.  By some accounts, norovirus claims the lives of more than 500 people each year.

Read more about this norovirus outbreak in an Ohio Nursing Home here.

 

 

Related Nursing Homes Abuse Blog Entries:

MRSA In Nursing Homes On The Rise Amongst Residents & Staff

Food Safety

Elderly Nursing Home Patients Are Particularly Susceptible To Illness Related To Contaminated Food

Medicare Standards Require Nursing Home Patients To Be Transported Safely

Emergency medical and transportation services are a necessary component of a comprehensive medical care program. Ambulance services can be provided by: volunteer, municipal, private, independent and institutional providers. All providers must meet requirements set by State and local laws in order to ensure adequate services and safe transport. 

According the U.S. Census Bureau, the population of people 65 and older is expected to double between 2000 and 2030. In the year 2020, there will be 10,000 people each day turning 65. As the population of people age 65 and older increases, there will be more people who require emergency medical and non-emergency transport services. Because many seniors have disabilities or limited mobility that make them particularly susceptable to injury during transport, it is important that companies strictly adhere the applicable standards of care. 

Many seniors rely on medical transportation provided by nursing homes and private ambulance companies to get to vital services such as:

  • Physical therapy
  • Dialysis
  • Surgery
  • Doctors appointments

Some state legislatures, such as Illinois, have attempted to address the need for medical transportation in rural areas by passing legislation to increase the resources available for emergency and non-emergency transportation. The Illinois General Assembly (ILGA) passed the Regional Ambulance Services Law (55 ILCS 110) to improve the delivery of health care services in rural areas. This law allows regional ambulance systems the right to use private ambulance services to expand the regional ambulance services. 

Private ambulances provide emergency medical and transport services. They transport patients from one hospital to another, to a nursing home, to another special-care center, from hospital to home, and they also answer emergency calls. In addition, some hospitals and nursing homes operate their own ambulances. Many private ambulances will deliver people to the hospital of their choice, unlike city ambulances which usually have to take people to a designated hospital, typically the nearest.

The only transportation service that Medicare (under Medicare Part B) pays for is ambulance services in severe medical situations such as life-threatening emergencies or when dealing with bedridden patients. However, Medicaid may pay for transportation services to get you to a medical appointment if you are eligible. In Chicago, the Chicago Department of Senior Service’s Transportation Program assists older adults who need medical transportation to receive life-sustaining treatments. 

According to the Medicare Benefit Policy Manual, ambulances must be designed and equipped to respond to medical emergencies and transport patients in non-emergency situations. These ambulances must contain: a stretcher, linens, emergency medical supplies, oxygen equipment, other lifesaving emergency medical equipment and be equipped with: emergency warning lights, sirens, and telecommunications equipment.

Basic Life Support (BLS) ambulances must be staffed by at least two people, at least one of whom is certified as an emergency medical technician (EMT). Advance Life Support (ALS) vehicles must also be staffed by at least two people, one of whom is certified as an EMT-Intermediate or EMT-Paramedic. The ambulance must submit a statement and documentary evidence that the vehicle and crew meet all Medicare, State, and local requirements. 

In order for Medicare to cover ambulance transport, the ambulance services must be “medically necessary and reasonable.” Ambulance transport is medically necessary when no other method of transportation could be used without endangering the health of the patient. This includes transport for patients who are bed-confined, which means that the patient is unable to get out of bed without assistance, unable to ambulate, and unable to sit in a chair or wheelchair. In addition, the medical transport must be to obtain or return from a Medicare covered service.  

Furthermore, Medicare only covers ambulance transports to the nearest appropriate facility, as well as return transport. This means that you cannot always be transported to your personal physician or hospital of choice, if it is not the closest reasonable facility. Medicare covers transport to the following destinations: hospital, critical access hospital (CAH), skilled nursing facility (SNF), beneficiary’s home, and dialysis facility. 

The Medicare Fee Schedule (FS) applies to app ambulance services including volunteer, municipal, private, independent and institutional providers. The FS equals a base rate for the level of service plus payment for mileage and applicable adjustment factors. 

Oftentimes, ambulance transport of nursing home residents qualifies under Medicare coverage because the transport is medically necessary or the resident is confined to a bed. Medicare does not have a pre-authorization process for ambulance services to determine whether Medicare coverage may apply. Therefore, nursing home facilities must be familiar with Medicare requirements to ensure that a resident does not incur additional costs. 

Regardless of the circumstances in which you utilize medical transport services, you have a right to be transported safely.  If you believe that your injury is related to negligence during medical transport, we will use the applicable laws in your area to work for you.  Put our experience representing people who have suffered an injury during medical transport to work for you today.  Free consultations with experienced lawyers.  (888) 424-5757

Thank you to Heather Keil, J.D. for her assistance with this Nursing Homes Abuse Blog entry.

Resources:

Illinois General Assembly: Regional Ambulance Services Law

Medicare: Transportation Services Overview

New York Times: Private Ambulances, When to Use Them

U.S. Department of Labor: Bureau of Labor Statistics: Emergency Medical Technicians and Paramedics

Medicare Benefit Policy Manual: Ch. 10 Ambulance Services