Louisiana Nursing Homes Failing Residents; Proposed Law is a Step Backwards

A recent article in the Louisiana Illuminator reports that Louisiana is failing its nursing home residents, alleging the state failed to follow up and investigate a variety of abuse allegations against senior citizens.

The publication notes:

Like child protective services, Elderly Protective Services (EPS) solicits tips from the public about potential cases. It received nearly 5,200 reports of elder abuse and neglect per year from 2017 to 2022. The most common allegations included those of self-neglect (27%), caregiver neglect (24%), financial exploitation (18%) and emotional abuse (16%), according to the audit.

The auditor found the state fell short in a number of areas, potentially leaving seniors at greater risk. In response, the Governor’s Office of Elderly Affairs said the Elderly Protective Services staff would undergo more training, advocate for funding and attempt to hire more workers.

What the auditors found

The authors of the report found five problem areas with Elderly Protective Services:

1. Death investigations were not always carried out. The Illuminator reports, “Elderly Protective Services staff don’t always tell the local coroner when elderly clients die in the middle of an abuse investigation or follow up to find out the cause of death of clients. In three of seven cases, the auditor reviewed, the cause of death listed on the death certificates aligned with allegations of abuse or neglect received by elderly protective services, according to the auditor’s report.”
2. Elderly Protective Services is slow to respond. The article also notes, “In a quarter of the elderly abuse cases reviewed (18 of 92), the auditor found an Elderly Protective Services staff member wasn’t assigned to the case in a timely manner. In over 40% of the cases, clients weren’t contacted within the timeframe the office requires.”

An investigator wrote in the audit, “One case with neglect allegations involving parts of the client’s body turning black was assigned medium priority, and more than seven months passed before the caseworker attempted to contact the client.”

1. Allegations of financial abuse were ignored. Because Elderly Protective Services doesn’t have strict criteria for rejecting cases, auditors found that cases involving allegations of financial scams were most often discarded. Per the Illuminator, “Elderly Protective Services staff said they have a hard time coming up with guidelines for what type of financial cases should be investigated because of the ‘novelty and complexity’ of the cases, according to the audit.”
2. The elder abuse hotline isn’t always open. Louisiana has a toll-free number to report abuse (1-800-898-4910), but unlike the majority of other states, it is not monitored outside of Monday through Friday business hours. “Reporting of elder abuse tends to increase in other states over the weekend and after holidays, when people visit with their older relatives, according to the audit.”
3. Elderly Protective Services doesn’t have enough funding. The Illuminator reports, “Louisiana devotes less money per case to Elderly Protective Services than Adult Protective Services, which investigates abuse against 18- to 59-year-old adults who can’t protect themselves. Caseworkers who handle investigations of elder abuse are also paid less than their adult abuse counterparts, according to the audit.”

What is Senate Bill 454?

The Advocate reports the following regarding Senate Bill 454:

The management firms that run Louisiana nursing homes — among other health care companies — could face fewer penalties in court for lapses in patient care including negligence and inadequate staffing under a bill before state lawmakers.

Senate Bill 454 by state Sen. Patrick McMath, R-Covington, sets up a clash between two of the most powerful interests in Louisiana’s Capitol: nursing homes and trial lawyers. The bill would change several definitions in state malpractice law and expand the definition of health care to include administrative duties, staffing and custodial care.

By doing that, it would relegate most nursing home-related lawsuits to the state’s Medical Malpractice Act, which caps the amount plaintiffs can recover and also requires preapproval by a panel of doctors.

Critics of the bill call it the “Bob Dean Protection Act.” The Advocate notes, “The derisive nickname is a nod to nursing home magnate Bob Dean, who sent 843 of his nursing home residents to an ill-equipped warehouse for Hurricane Ida in 2021.” Hundreds of patients sued Dean’s management company, resulting in a $12 million settlement.

If this bill passes, nursing home residents will no longer be able to file a lawsuit like this against a management company. Instead, they would be limited to only filing medical malpractice cases.

“The state should not be shielding the nursing home industry from further responsibility, particularly while Louisiana families are still grappling with the tragic nursing home fatalities resulting from Hurricane Ida in 2021,” said Andrew Muhl, AARP’s director of advocacy. “AARP continues to urge authorities and legislators to enact measures that ensure justice and safety for the families impacted by this recent negligence and failure in nursing home care.”

Garcia & Artigliere’s Matthew Coman also spoke to The Advocate regarding the bill. “This will have a real tangible impact on the care of the infirm in Louisiana,” he said. “If this was the law when Ida hit, Bob Dean would still be driving his fancy red Ferraris around Baton Rouge.”

Former state Sen. John Milkovich, D-Shreveport, also testified against the bill, asking, “Who’s going to speak up for these elderly citizens dying of neglect and loneliness in nursing homes who are not lobbyists and not PACs and not special interests?”

If you or a loved one has suffered abuse or neglect in a nursing home, it is imperative to take immediate action to protect their rights and well-being. The experienced nursing home abuse and negligence attorneys at Garcia & Artigliere are committed to holding these facilities accountable and ensuring justice for victims. Don’t wait—contact us today. Together, we can fight for the compensation and care your loved one deserves and work towards preventing future abuse and neglect. Your loved one’s safety and dignity are paramount, and we are here to advocate for them every step of the way. Call our office or submit our contact form to schedule a free consultation today. As a national firm, our offices are in Los Angeles, Phoenix, Long Beach, Louisville, and New Orleans.