ENGL 317 Lecture Notes - Lecture 3: Health Insurance Portability And Accountability Act, Reform War, Tangled
30 May 2018
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Outline of Proposal
Residents at the Hebrew Home of Greater Washington have often been subjected to
negligence and unprofessional behavior by the staff members.
A general solution would be to make a legal document that lists out all the expectations
of the resident and his/her family relatives. And if the expectations are not met then they could
face legal charges.
Delaney v. Baker
In this case, Kay Delaney's mother, Rose Wallien, resided at Meadowood Nursing Center
(Meadowood) for approximately four months during which time she developed Stage III and
Stage IV pressure sores. Ms. Wallien died while she was a resident at Meadowood. Delaney
brought this action against Meadowood and the two individuals (Calvin Baker, Sr. and Calvin
Baker, Jr.) who served as administrators during portions of the time Ms. Wallien resided at the
facility.
The case was tried to a jury for four theories: willful misconduct, negligence, reckless
neglect of an elder as defined by the Elder Abuse and Dependent Adult Civil Protection Act and
wrongful death.
Appellants argue that EADACPA does not authorize pain and suffering damages and the
award of attorney fees and costs in this case. Appellants contend that Welfare and Institutions
Code exempts application of Welfare which permits such remedies where, as here, an action for
reckless neglect of an elder is brought against health care providers. Appellants additionally
contend that the special damages award is not supported by substantial evidence and that Calvin
Baker, Sr., and Calvin Baker, Jr., should not have been held personally liable.
But the jury found for Delaney on her negligence and neglect of an elder claims and
found for appellants on the willful misconduct and wrongful death claims. The jury determined
that the damage sustained by Rose Wallien for pain, suffering, inconvenience, physical
impairment or disfigurement was $150,000. The jury awarded $15,000 in damage for the past
cost of medical and hospital care and treatment resulting from appellants' negligence. The jury
attributed 2 percent of the damage to Ms. Wallien's contributory negligence, 79 percent to
appellants' negligence and 19 percent to the negligence of Dr. Jennings, who was no longer a
defendant. Delaney moved for her attorney fees and costs. The court granted the motion and
awarded Delaney $185,723.50 in attorney fees and $32,291.24 in costs.
Alternate solution #1: Surprise searches at least once a month.
Maryland Department of Health Home will be carrying out this project since their Long-
Term Care Unit ensures that State licensure and Medicare/Medicaid standards are maintained for
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nursing homes through unannounced on-site surveys, follow-up visits, and complaint
investigations.
I will get this done by filing a report at the Maryland Department of Health Home or
American Health Care association, because both these organizations fight for the rights and
services of nursing home residents.
Such projects can take up to months. My initial goal is to get the Long-Term Care Unit do
surprise searches twice every month and record their visits. At the end of each year they should
generate an official report for the nursing home which will list all issues: like
• Discrimination Against Medicaid-Eligible Residents
• Substandard or Inappropriate Care
• Failing to Take Care Planning Seriously
• Disregarding Resident Preferences
• Failing to Provide Necessary Services
• Improper Use of Physical Restraints
• Improper Use of Behavior-Modifying Medication
• Excessive Use of Feeding Tubes
• Imposing Visiting Hours on Families and Friends
• Harmful Language in Admission Agreements
• Forcing Family Members and Friends to Take Financial Liability
• Forcing Residents to Give Up Legal Rights and Commit to Arbitration
• Losing Medicare Coverage
• Refusal to Bill Medicare
• Losing Therapy for Supposed Failure to Make Progress
• Losing Therapy After Medicare Payment Has Ended
• Forced Transfer within Nursing Home After Medicare Payment Ends
• Refusal to Accept Medicaid
• Refusal to Readmit from Hospital Excessive Charges
• Refusal to Support Resident and Family Councils Eviction
• Eviction Threatened for Being ‘Difficult’
• Eviction Threatened for Refusing Medical Treatment.
Week 1: Make a checklist that covers all the points that need to be covered during
the surprise search.
Week 2: Make a team of survey staff. Collect availability and do background
checks.
Week 3: Give training on how to conduct proper searches and record them.
Week 4: HIPPA training to the survey staff so they protect patients' medical
records and other health information.
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Document Summary
Residents at the hebrew home of greater washington have often been subjected to negligence and unprofessional behavior by the staff members. A general solution would be to make a legal document that lists out all the expectations of the resident and his/her family relatives. And if the expectations are not met then they could face legal charges. In this case, kay delaney"s mother, rose wallien, resided at meadowood nursing center (meadowood) for approximately four months during which time she developed stage iii and. Ms. wallien died while she was a resident at meadowood. Delaney brought this action against meadowood and the two individuals (calvin baker, sr. and calvin. Baker, jr. ) who served as administrators during portions of the time ms. wallien resided at the facility. The case was tried to a jury for four theories: willful misconduct, negligence, reckless neglect of an elder as defined by the elder abuse and dependent adult civil protection act and wrongful death.
