Practicing Law With a Passion for the Rights of the Individual
St. Petersburg Times
On March 28, the St. Petersburg Times ran a story about two nursing home aides who were caught beating a resident (2 aides arrested after elderly man injured). While it is somewhat of a relief to learn that these aides were arrested and that another employee of the home was diligent in reporting this crime, a recent government study finds that this is not always the case.
A new report from the U.S. General Accounting Office finds that crimes in nursing homes go unreported at an alarming rate. The report, entitled "More Can Be Done to Protect Residents from Abuse," reveals a culture of secrecy behind the closed doors of long-term care in America. In restating a prior finding that 30 percent of homes were cited for abusing residents, the respected GAO now concludes that even this unacceptably high figure is most likely understated! The report suggests that nursing home operators and their employees are engaging in what can only be described as a conspiracy to hide incidents of abuse from families as well as law enforcement agencies.
Unbelievable? Consider these statements from the report:
"Law enforcement officials . . . are seldom summoned to . . . investigate allegations of physical or sexual abuse."
"Fifty percent of the notifications from nursing homes were submitted two or more days after the home learned of the alleged abuse."
And when crimes were reported, researchers believe that in most instances, "evidence had been compromised."
Calling the findings "shocking, gruesome and devastating," U.S. Sen. John Breaux said, "It is clear that nursing home crimes are not reported or punished with the same severity as crimes outside those nursing home walls."
Even in the face of this chilling evidence, nursing home industry representatives in Tallahassee were successful in killing a measure that would have given residents one simple means of protecting themselves: in-room security cameras.
The Coalition to Protect America's Elders supports a change to Florida law that would allow residents the option of installing surveillance cameras in their rooms. These cameras would not be mandatory, nor would homes be required to pay any of the costs, as they would be the responsibility of residents and their families. A notice on the door would alert employees and others that a security camera is monitoring the room.
When crimes like those described in the GAO report occur, law enforcement agencies would be armed with the evidence they might need to prosecute offenders. In fact, Florida Attorney General Bob Butterworth recently issued a report stating "The likely deterrent effect on resident abuse and neglect . . . suggests that the voluntary use of cameras in . . . resident rooms would work well in Florida."
Sadly, stories like the one on March 28 are not isolated and are becoming all too common. Just last month in the St. Petersburg area, a nurse aide stripped the morphine patch off a resident for personal use. She was caught by the administration after a tape from a video camera was reviewed.
Elderly and disabled citizens are being denied even this modest measure to protect themselves against abuse. The GAO is right, more can be done to protect residents; allowing them to use security cameras is a small step in the right direction.
Barbara Hengstebeck, executive director of the Coalition to Protect Americas Elders and a former state ombudsman, Tallahassee.
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