Appendix — O'Bannon v. Town Court Nursing Center

Supreme Court brief1980

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EILED

JUN 11 1979

APPENDIX ‘ond “wiouaet RODAK, JR., », CLERK _

(VOLUME I—Pages 1a-190a)

in the Supreme Court of the

Unjted States

oct.

GED Term, 1979

No. 78-1318

HELEN B. O’BANNON, SECRETARY OF

PUBLIC WELFARE,

Petitioner

VS.

TOWN COURT NURSING CENTER, et al... > .

Respondents

\

’

. “

On Writ of Certiorari to the-United States Court

of Appeals for the Third Circuit.

i%

= aE —

Murrelle Printing Co., Box 100, Sayre, Pa. 18840—(717) 882-0401

Petition for Certiorari Filed February 26, 1979

Certiorari Granted April 16, 1979

TABLE OF CONTENTS

PAGE

VOLUME I:

Rit DORM hd it er i a la

I. Verified. Complaint . 0. 0.05.6 6 See ees 7a

III. Motions for Temporary Restraining Or-

der and Preliminary Injunction ........ 15a

IV. Order Dated July 21, 1977 ............ 22a

[Scheduled Hearing Transcript of Testi-

mony and Exhibits Appear in Vol-

ume II. ]

V. Defendant Beal’s Motion To Dismiss ..... 24a

VI. Defendant Califano’s Motion To Dismiss 26a

VII. Plaintiffs’ Motion for Extension and Re-

newal of Preliminary Injunction ........ 28a

VIII. Opposing Affidavit of Claudette V.

COR eee re ee BE eR iG 30a

PE FF 5a 5 ie alee Relde warns Ca 36a

EE Feo av cahoneteyeoaen 54a

PNG Og CA aN i oe Sreree 58a

Re rs a. ee Sas 61a

Attachment 5 ........ cic, Soe . 108 ia

[Hearing Transcript and Exhibits Ap-

pear in Volume II.]

IX. Order Dated September 15, 1977 ...... 117a

X. Further Order Dated September 15, 1977 118a

i

XI. Notice of Appeal of Plaintiffs, Emma

Cooper, Mary Crawford, Hazel Kemp,

Arnold L. Phillips, Delphine Taddei and

NRE PRUE ed eas b Otecen bake eae ew g

XII. Notice of Appeal of Town Court Nursing

CHORE, TRG oye ee acre petty eet

XIII. Motion for Injunction Pending Appeal

XIV. Order of Court of Appeal Granting

Town Court’s Motion ................

XV. Opinion Announcing the Judgment of the

Ss RS A, NAY CA oh to Or aaa aa

Concurring Opinion ...............

Dissenting Opinion ................

XVI. Order Amending Opinion ...........

XVII. Order Extending Time To File Petition

for Writ of Certiorari ...............,

XVIII. Order Further Extending Time To File

Petition for Writ of Certiorari

VOLUME II:

XIX. Preliminary Hearing, July 26, 27, 1977

19la

PLAINTIFF, TOWN CouRT NursING CENTER,

INc’s EVIDENCE:

Donald Lewis:

Direct Examination

Cross-Examination

Tobias Bund:

Direct Examination

Cross-Examination

William J. Jones:

Direct Examination

Cross-Examination

tat, Pdi cx, a AE. Ek oe ee

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ee See ee ee eee

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John E. Cuminskey:

Direct Examination .............++. 229a

Cross-Examination .............5:: 248a

Dr. Maurice E. Linder:

Direct Examination .............-+. 25la

Cross-Examination .............+.- 253a

Jesse Gaynor: Pie

Direct Examination ............... 254a

Cross-Examination ..........e.508- 259a

Edward J. Zelkovitz:

Direct Examination ............--- 262a

Cross-Examination ...........++++- 263a

Redirect Examination ............-- 267a

DEFENDANT CALIFANO’S EVIDENCE:

Gerald Szuc:

Direct Examination ............--. 269a

Cross-Examination ...........++++. 282a

PLAINTIFFS’ EXHIBITS:

1—Photograph, Cobbs Creek Nursing Home 290a

2—Photograph, Town Court Nursing Center 290 12a

3—Letter Dated 5/20/77, to Donald Lewis,

Administrator, Town Court Nursing Cen-

ter, from the Commonwealth of Pennsyl-

vania, Department of Public Welfare ... 29la

4—Letter Dated 5/17/77, to Town Court

Nursing Center from the Department of

Health, Education and Welfare ........ 294a

Report by Professor Tobias Bund entitled

at “Analysis of Statement of Deficiencies

Resulting fromm Survey Conducted March

B11, 1977" vi cece new cee econ gaees 300a

6—Report by William J. Jones entitled “An

Evaluation of the Town Court Nursing

Center; June 19777") ec en

7—Report by John E. Cuminskey, Dated 6/

(MERE: Cae ear Reece et ola

8—Report by Mr. Gaynor to Mr. Jones Dated

Ts + 9 £ Se UUENr snCn Ee ermine oe eras AS

9—Report by Mr. Gaynor to Mr. Coyle, Dated

TPIDTIE ie weeks

10—Report by Dr. Finkelstein to Mr. John W.

Francks, Executive Director, Geriatric and

Medical Centers, Inc., Dated 7/12/77 ..

11—Letter from the Department of Health,

Education and Welfare to Town Court

Nursing Center, Dated July 19, 1976 ....

DEFENDANTS’ EXHIBITS:

1—Letter With Attachment Dated 5/26/77

to Donald Lewis, Administrator, Town

Court Nursing Center, from Roger A. Cutt,

Commissioner for Medical Programs,

Commonwealth of Pennsylvania, Depart-

ment of Public Welfare ..............

2—Letter Dated 6/23/77, to Roger A. Cutt,

Cormmissioner for Medical Programs,

Commonwealth of Pennsylvania, Depart-

ment of Public Welfare from Donald

Lewis, Administrator, Town Court Nurs-

Sine CORE ios ah-sse weiner + A ame WA

3—Letter With Attachment Dated 2/7/77 to

John Holbrook, Administrator, Town

Court Nursing Center, Inc., From Roger

A. Cutt, Commissioner for Medical Pro-

grams, Commonwealth of Pennsylvania,

Department of Public Welfare .........

iv

318a

343a

357a

365a

369a

378a

380a

387a

eee Lo

4—Document Entitled “Statement of Defi-

ciencies and Plan of Correction” for Town

Court Nursing Center ................

5—Document Concerning Town Court Nursing

Center Entitled ““Medicare/Medicaid Cer-

tification and Transmittal” ............

6—Report Concerning Town Court Nursing

Center Entitled ‘Medicare/Medicaid

Skilled Nursing Facility Survey Report”

XX. Transcript of Hearing Before Hon. John

P. Fullam, J. on September 15, 1977 ....

DEFENDANT'S EVIDENCE:

Claudette V. Campbell:

Direct Examination ...............

Cross-Examination .............05.

Redirect Examination ..............

PLAINTIFFS’ EVIDENCE:

Donald Lewis:

Direct Examination ...............

William J. Jones:

Direct Examination ..............:

Cross-Examination ................

Opinion and Order ................

PLAINTIFFS’ EXHIBITS:

12—Letter From Mr. Laff, Pennsylvania De-

partment of Health, to Mr. Lewis, Ad-

ministrator, Town Court Nursing Home,

Dated July 29, 1977, With Attached Re-

ME co wh GWEN CRORE NES ee ne a

13—Report From William Jones to Leonard

Coyle, Undated . .. 2.2... ee ees ce ene.

400a

423a

424a

495a

50la

512a

518a

522a

523a

526a

531a

534a

DEFENDANTS’ EXHIBITS:

7—Affidavit of Claudette V. Campbell . . .30a, 550a

8—Document Entitled ‘Fourth Presentment”

-by the Special Investigating Grand Jury

of April Term, 1976 Court of Common

Pleas of Philadelphia County, Trial Divi-

sion, Criminal Section’... 6s. eee. 55la

vi

il a oy ne S

Sitti alin Pema

— Ae I Alin eli ca. .

Oe oes i A tp ele eaten aise te

Docket Entries la

VOLUME |

APPENDIX

i.

DOCKET ENTRIES

Plaintiffs

TOWN COURT NURSING CENTER, INC.

and

COOPER, EMMA; CRAWFORD, MARY; KEMP.

HAZEL; PHILLIPS. ARNOLD L.;' TADDEI, DEL-

PHINE; TRUITT, NANCY, individually and on be-

half of the class of patients eligible for Pennsylvania

Medical Assistance Program benefits at Town Court

Nursing Center, Inc.

Vv.

Defendants

BEAL, FRANK S.., individually and in his capacity

as Secretary of Public Welfare of the Commonwealth

of Pennsylvania,

and

CALIFANO, JOSEPH A., JR., individually and in his

capacity as Secretary of the United States Department

of Health, Education and Welfare

2a Docket Entries

Cause

Civil Rights

Attorneys \ )

William F. Coyle, 1430 Land Title Bldg., Phila.,

Pa. 19110, for: All plffs. EXCEPT Town Court

Nursing Center, Inc.

Nathan L. Posner, Jeffrey D. Albert, Fox, Roths-

child, O’Brien and Frankel, 1401 Walnut St., 10th

Fir., Phila., Pa. 19102, for: Town Court Nursing

Center, Inc.

Robert deLuca, Asst. United States Attorney.

M. Faith Angell, Deputy Attorney General, 206

State Office Bldg., Phila., Pa. 19130, for: Frank S.

Beal.

Proceedings

Date Nr.

1977

1 July—-20 Complaint filed.

—July—20 Summons Exit. (2 sets) .

2 July—20 Plffs’ motions for temporary restraining

order and preliminary injunction, memorandum

of law in support and affidavit, filed.

—July—21 The sum of $100.00 deposited into Regis-

try of Court.

3 July—21 Motion and. Order appointing James

Bray, Jr. to serve the complaint and summons

upon the defts., filed.

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Docket Entries 3a

’

4 July—-21 Order that defts, agents, et al., are en-

joined and restrained until 7/26/77 from dis-

continuing or withholding payments to plff.

Town Court Nursing Center, Inc. for the care of

Medicare and Medicaid beneficiaries; plffs shall

file with this Court security to the Clerk of Court

in the amount of $100, motion for preliminary

injunction heard on 7/26/77 at 2:00 p.m. in

courtroom 15A, etc., filed. JF 7/22/77 en-

tered and copies mailed.

5 July—27 Entry of appearance of William F. Coyle

on behalf of plffs and withdrawal of appearance

of Jeffrey B. Albert on behalf of plffs., filed.

6 July—27 Hearing re: Preliminary injunction,

7/26/77, filed.

7 July—27 Hearing re: preliminary injunction,

7/27/77, T.R.O. remains in effect pending final

administrative review, filed.

8 July—-27 Defts’ brief in opposition to plff’s motion

for preliminary injunction and in support of

deft’s motion to dismiss and certification, filed.

9 July—29 Summons returned “with affidavit of

Patricia S. Jantorna re: served Dept. of HEW—

Deputy General Counsel and Joseph A. Cali-

fano, Jr. by cert. mail on 7/25/77, filed.

10 July—29 Summons Returned “with affidavit of

James Bray, Jr. re: served U.S. Attorney on

7/22/77”, filed.

11 July—29 Acceptance of Service of James R. Adams

for Frank S. Beal, of summons, complaint, etc.,

filed.

4a Docket Entries

12 August—3 Summons Returned “with affidavit of

Patricia C. Jantorna re: served Attorney General

by cert. mail on 7/28/77”, filed.

13 August—19 Deft. Frank S. Beal’s motion to dis-

miss, memorandum of law in support, certificate

of service, and notice, filed.

14 August—29 Deft. Joseph Califano, Jr.’s motion to

dismiss, memorandum of law, and certificate of

service, filed.

15 September—2 Plaintiffs’ Memorandum of Law in

Opposition to defendants’ motion to dismiss,

filed.

16 September—12 Plfts’ motion for extension & re-

newal of preliminary injunction, and memo-

randum of law, filed.

17 September—15 Transcript of preliminary hearing

on July 26, 27, 1977, filed.

18 September—15 Order that plfts’ motion for ex-

tending the duration of preliminary injunction,

Denied and the preliminary injunction entered

is Dissolved: provided, however, that defts.

shall not withhold payments from services ac-

tually provided to patients, filed, JPF, J.

9/16/77 Entered and copies mailed.

19 September—15 Order, that this Court’s Order dis-

solving preliminary injunction entered is Stayed

for a period of 10 days from date hereof, to per-

mit pltfs to file notice of appeal, etc., plft’s. re-

quest for a longer stay from this court is Denied,

filed. JPF 9/16/77 enter and copies mailed.

eee ee

Pn OE, teal RE i Bret ate te UI a WS aha

a es

Docket Entries 5a

20 September—-15 Hearing re: plfts’. motion to ex-

tend preliminary injunction is Denied Without

Prejudice, filed.

21 September—15 Brief of Federal deft. in opposition

to plft’s. motion to extend preliminary injunc-

tion, and Certification, filed.

22 September—19 Transcript of trial testimony held

9/15/77, filed.

23 September—16 Notice of appeal of Emma Cooper,

et al. received 9/16/77 at 4 PM, filed. (Appeal

77-2222) 9/20/77 enter2d & copies to Nathan

L. Posner, Robert deLuca, M. Faith Angell.

24 September—16 Copy of Clerk’s notice to US.

Court of Appeals, filed.

—September—16 Bond for costs on Appeal in the

sum of $250 with Fidelity & Deposit Co. of

Maryland as surety, filed.

25 September—16 Notice of Appeal of Town Court

Nursing Center, Inc., received 9/ 16 at 4: 05 PM,

filed. 9/20/77 entered & copies to William F.

Coyle, Esq., Robert deLuca, M. Faith Angell.

; k ice to US.

26 September—16 Copy of Clerk’s notice

Court of Appeals, filed. (Appeal No. 77-222).

—Se —16 Bond for costs on Appeal in the

pg 356 with Fidelity & Deposit Co. of

Maryland as surety, filed.

27 September—26 Certified copy of Order US. Court

of Appeals Granting appellants motion for in-

junction pending appeal, etc., filed.

6a Docket Entries Complaint 7a

—September—26 Sum of $100.00 deposited into

Registry of Court.

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF

PENNSYLVANIA

—October—11 Original record transmitted to U.S.-

C.A. (except paper No. 4)

Civil Action No. 77-2474

Class Action

TOWN COURT NURSING CENTER, INC.

and

EMMA COOPER

and

MARY CRAWFORD

and

q HAZEL KEMP

and

s

7

i

4

4

:

j

é

;

‘Kare Pe a ae AF

ARNOLD L. PHILLIPS

eg Se ee -.

and

DELPHINE TADDEI

and

NANCY TRUITT, individually and on behalf of the

class of patients, eligible for Pennsylvania Medical

atin

8a Complaint

Assistance Program benefits at Town Court Nursing

Center, Inc.,

Plaintiffs,

v.

FRANK S. BEAL, individually and in his capacity

as Secretary of Public Welfare of the Commonwealth

of Pennsylvania,

and

JOSEPH A. CALIFANO, JjR., individually and in his

capacity as Secretary of the United States Department

of Health, Education and Welfare,

Defendants.

II.

VERIFIED COMPLAINT

1. Plaintiff Town Court Nursing Center, Inc.:

(hereinafter referred to as ‘Town Court’’) is a cor-

poration organized under the laws of the Common-

wealth of Pennsylvania with his offices at 1526 Lom-

bard Street, Philadelphia, Pennsylvania, where it Op-

erates Town Court Nursing Center; a skilled care fa-

cility.

2. Plaintiffs Emma Cooper, Mary Crawford,

Hazel Kemp, Arnold L. Phillips, Delphine Teddei

and Nancy Truitt are individuals who have been pa-

tients, at and residents of Town Court Nursing Center

since at least February 28, 1977 and who are quali-

fied as medically indigent under the Pennsylvania

Medical Assistance Program, 62 P.S. §441.1 et seq.

(more commonly known as “‘Medicaid”) .

ative

Complaint 9a

3. Defendant Frank S. Beal is Secretary of Public

Welfare of the Commonwealth of Pennsylvania. He

is sued both in his individual and his official capaci-

ties.

4. Defendant Joseph A. Califano, Jr. is Secretary

of the United States Department of Health, Educa-

tion and Welfare. He is sued both in his individual

and his official capacities.

5. Jurisdiction is founded upon 28 U.S.C. §§13-

31(a) and 1361. The amount in controversy exceeds

$10,000, exclusive of interest and costs.

COUNT I

(Town Court v. Beal)

6. On or about May 20, 1977 defendant Beal,

through his deputy, Glenn Johnson, Director, Bureau

of Medical Assistance, Department of Public Welfare,

notified Town Court that, effective June 18, 1977,

it would ‘“‘no longer receive payments under the Med-

ical Assistance Program for skilled nursing care or

for services provided to Medical Assistance patients.”

7., Therefore, effective June 18, 1977, defendant

Beal terminated the Skilled Nursing Home Care

Agreement entered into by and between the Pennsyl-

vania Departzient of Public Welfare and Town Court

on September 4, 1975 as extended.

8. Pursuant to Federal regulation, Town Court

continued to be eligible to receive Medicaid payments

until July 18, 1977 when, despite denial of all charges

and written appeal and a demand for a hearing, eligi-

bility for such payments ceased. —

10a Complaint

9. The aforesaid action by defendant Beal violates

Town Court’s constitutional right to due process un-

der the Fifth and Fourteenth Amendments to the

United States Constitution.

10. Approximately 180 of the 198 patients at

Town Court are qualified under the Medicaid pro-

gram which program pays their charges for use of

the facilities at Town Court.

11. In the absence of reimbursement for the ser-

vices provided these patients, Town Court will be un-

able to maintain operations and will be forced to

close to avert an overwhelming and irreparable fi-

nancial loss to its owner, Geriatric and Medical Ser-

vices, Inc., a public company.

12. There is no adequate remedy at law.

COUNT II

(Emma Cooper, et al. v. Beal) ~

13. Paragraphs 1 through 8, inclusive, and 11 and

12 above, are incorporated by reference as though

set forth herein in full.

14. The individual plaintiffs are in chronic need

of the services provided by Town Court which ser-

vices are not presently available at other skilled care

facilities in Philadelphia.

15. The following sets forth the most recent date

of admission to Town Court for each of the named

individual plaintiffs:

Emma Cooper—July 16, 1976

Mary Crawford—September 23, 1975

Hazel Kemp—Ociober 18, 1973

-

Reet ei eal

ee EO Oe ee Te eee ST Te |

athe ts BOI aS MNO IF PO I aN

eee eats

Complaint lla

Arnold L. Phillips—October 18, 1973

Delphine Taddei—October 16, 1976

Nancy Truitt—February 28, 1977

CLASS ACTION ALLEGATIONS

16. The individual plaintiffs are six of the one

hundred eighty patients at Town Court eligible to re-

ceive Medical Assistance program benefits.

17. Each of these patients will suffer and is suf-

fering a loss of benefits of the aforesaid program

without the benefit of a hearing under 45 C.F.R.

§205.10 and in violation of their constitutional rights

to due process under the Fifth and Fourteenth

Amendments to the United States Constitution.

18. This action is designated a class action pur-

suant to Rules 23(a) and 23(b) (2) of the Federal

Rules of Civil Procedure.

19. If Town Court is compelled to close or other-

wise cease providing skilled c~~e services to the mem-

bers of the plaintiff class, they will suffer immediate

and irreparable psychological and physical harm.

COUNT III

(Town Court v. Califano)

20. Paragraphs 1 through 8, inclusive, and 11 and

12 above, are incorporated by reference as though

set forth in full herein.

21. By letter dated May 17, 1977, defendant

Califano, by his agent, Mr. Robert J. Taylor, Director

of Long Term Care, Standards Enforcement, Depart-

ment of Health, Education and Welfare, notified

12a Complaint

Town Court that, effective June 18, 1977, its certifi-

cation as a skilled care facility provider under the

Medicare program, pursuant to an agreement dated

July 19, 1976, was terminated.

22. Inconformity with Federal regulations, Town

Court thereupon requested a reconsideration which

reconsideration was denied by defendant Califano by

his failure to respond to that request as of July 18,

1977, ;

23. Although Town Court has denied all charges

and has requested but not yet received a hearing on

the merits, defendant Califano has nevertheless ter-

minated Town Court’s participation in the Medicare

program.

24. The aforesaid action by defendant Califano

violates Town Court’s constitutional right to due

process under the Fifth Amendment to the United

States Constitution.

WHEREFORE, plaintiffs request that this Honor-

able Court enter the following preliminary and per-

manent relief against the defendants herein:

1. Enjoin defendants Beal and Califano,

their agents, attorneys, deputies, employees and

successors from, prior to a final determination

of all appeals by Town Court Nursing Center,

Inc. from the termination of its Medicare and

Medicaid certifications:

a. terminating the Medicare and Medicaid

certifications of plaintiff Town Court Nursing

Center, Inc.;

Complaint 13a

b. removing patients who are eligible for

Medicare and Medicaid from Town Court Nurs-

ing Center, Inc.’s skilled care facility at 1526

Lombard Street, PhiJadelphia, Pennsylvania;

c. discontinuing or withholding payments to

plaintiff Town Court Nursing Center, Inc. for

the care of Medicare and Medicaid beneficiaries;

d.- prohibiting placement of other Medicare

and Medicaid patients with plaintiff Town Court

Nursing Center, Inc.;

2. Awarding plaintiff Town Court Nursing

Center, Inc. the amount, with interest, of any

payments heretofore withheld by either of the

defendants on account of their respective de-

certifications; and

3. Awarding plaintiffs their attorneys fees

and costs.

(s) Jeffrey B. Albert

(s) Nathan L. Posner

Jeffrey B. Albert

1401 Walnut Street, 10th

Floor

Philadelphia, PA 19102

(215) LO8-5700

Of Counsel:

Fox, Rothschild, O’Brien & Frankel

Commonwealth of Pennsylvania

County of Philadelphia, ss:

DANIEL VELORIC, being duly sworn according

to law, deposes and says that he is the president of

the plaintiff in the within action, that he is authorized

14a Complaint

to and does take this affidavit on behalf of the plain-

tiffs in this action and that the averments contained

in the within complaint are true and correct to the

best of his knowledge, information and belief.

(s) Daniel Veloric

Daniel Veloric

Sworn to and Subscribed Before me this 19th day

of July, 1977.

(Illegible)

Notary Public

No.ary Public, Phila., Philadelphia Co.

My Commission Expires December 16, 1980

Sie Gale ki nSh ty an neon. gf tt cba niet ee dab

*™

Motions for Restraining Order 15a

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF

PENNSYLVANIA

Civil Action No. 77-2474.

TOWN COURT NURSING CENTER, INC., et al.

Plaintiffs

V.

JOSEPH CALIFANO, JR., Secretary of Health,

Education and Welfare,

and

FRANK S. BEAL, Secretary of Public Welfare,

Commonwealth of Pennsylvania,

Defendants

III.

MOTIONS FOR TEMPORARY RESTRAINING

ORDER AND PRELIMINARY INJUNCTION

Plaintiffs, Town Court Nursing Center, Inc., et al.,

by their attorneys, Nathan L. Posner and Jeffrey B.

Albert, Esquires, move this Honorable Court for a

temporary restraining order in the form attached here-

to restraining defendants as set forth therein pending

hearing and determination of plaintiffs’ motion for a

preliminary injunction, on the ground that immediate

16a Motions for Restraining Order

and irreparable injury, loss and damage will result to

plaintiffs before such hearing can be held and that

notice of the filing of this motion has been given as

set forth in the affidavit attached hereto, and plain-

tiffs further move this Honorable Court for a pre-

liminary injunction granting all preliminary relief

prayed for in the Complaint filed in this action.

(s) Jeffrey Albert

Nathan L. Posner

(s) Jeffrey Albert

Attorneys for Plaintiffs

Of Counsel:

Fox, Rothschild, O’Brien & Frankel

Commonwealth of Pennsylvania

County of Philadelphia, ss:

I, Maurice E. Linden, being duly sworn, do here-

by state and aver as follows:

1. I am a practicing physician duly licensed: in

the Commonwealth of Pennsylvania. I maintain of-

fices at 7100 Germantown Avenue, in the City of

Philadelphia.

2. Iam familiar with Town Court Nursing Cen-

ter, 1526 Lombard Street, Philadelphia, Pennsylvania

and the type of patients who reside there.

3. Town Court is a skilled care facility which has

a substantial number of elderly and chronically ill

patients. &

4. Transfer from such a facility may cause these

patients to suffer substantial psychological and phys-

SS Ce ER cs eR Fd oS a WE

BPO eS tnd s SA - ae L

Ce Raed ee eee

a ag ce eee Ee ere ee

Motions for Restraining Order 17a

ical harm and, in certain circumstances, could in-

crease the possibility of serious illness and even death.

5. Unless an individual patient is clearly shown

to be able to withstand the trauma of being moved to

another facility, I would not favor such a transfer

from Town Court.

Maurice E. Linden M.D.

Sworn to and Subscribed before me this 19th day

of July, 1977.

(Illegible)

Notary Public

Notary Public, Phila., Philadelphia Co.

My Commission Expires December 16, 1980

Commonwealth of Pennsylvania

County of Philadelphia, ss:

AFFIDAVIT OF DANIEL VELORIC

I, DANIEL VELORIC, being duly sworn, do here-

by state and aver as follows:

1. I am the president of Town Court Nursing

Center, Inc. which operates a 198-bed skilled nursing

facility, at 1526 Lombard Street, Philadelphia, Penn-

sylvania.

2. Among the patients presently occupying beds

at Town Court approximately 180 have been deter-

mined to be eligible under Pennsylvania’s Medical

18a Motions for Restraining Order

Assistance Program (commonly known as Medicaid) ,

i.e. indigent persons as defined by 62 P.S. §441.1 et

seq. |

3. Asa provider of nursing home services to these

patients, Town Court may be reimbursed for its ser-

vices to these patients by the Commonwealth of Penn-

sylvania if and only if Town Court is certified for

participation in the Medicaid program. 62 PS.

§443.1(3).

4. That certification is obtained pursuant to an

agreement entered into between the Commonwealth

and Town Court with respect to Town Court’s status

as a provider.

5. On September 4, 1975 such an agreement was

entered into between the Commonwealth and Town

Court.

6. By letter dated May 17, 1977 Mr. Robert

Taylor, Director, Office of Long Term Care, Stan-

dards Enforcement, United States Department of

Health, Education and Welfare, terminated Town

Court’s certification as a provider under the Medi-

care program by failing to renew the then existing

provider agreement dated July 19, 1976 between

Town Court and the United States Department of

Health, Education and Welfare with respect to that

program.

7. By letter dated May 20, 1977 Mr. Glenn John-

son, Director, Bureau of Medical Assistance, Depart-

ment of Public Welfare, Commonwealth of Pennsyl-

vania, terminated Town Court’s participation in the

Medicaid program ‘“‘due solely to the fact that HEW

has notified us of your Title XVIII termination’’.

at gi i in ta

Motions for Restraining Order 19a

8. No means of review of the determination is

provided by the Commonwealth of Pennsylvania as to

the merits of the termination, the review being lim-

ited to whether ‘“‘HEW has not decided to terminate

your facility from participation in the Medicare pro-

gram....”

9. No means of review of the termination, by the

Federa! Government is provided as to the merits

prior to termination except that Town Court did file

a request for reconsideration which request has been

ignored.

10. As a result of the aforesaid terminations of

Town Court from participation both under the Medi-

care and Medicaid programs, Town Court is no longer

receiving, as of July 19, 1977 any financial reimburse-

ment from any source for the provision of nursing

home and related services to any of the individual

patients and its other patients, present and prospec-

tive, who are or will be entitled to benefits under

either of these programs. :

11. Town Court will, if no immediate relief is

granted it in the instant litigation and insofar as beds

are available elsewhere, begin removing plaintiffs

from Town Court to other facilities certified for par-

ticipation in these programs.

12. However, at present there are no known

available beds in such facilities and, in fact, there is a

tremendous shortage of such beds in the Philadelphia

area.

13. Further, Town Court is the largest skilled

nursing and intermediate care facility in Philadelphia.

20a Motions for Restraining Order

It is constantly being asked by local hospitals and

other institutions to admit additional Medicare and

Medicaid patients for which Town Court has no

room.

14. Therefore, unless immediate relief is granted,

Town Court is to be left with the unenviable alterna-

tive of treating patients for no compensation whatso-

ever, or literally dumping these ill elderly on the side-

walks of Lombard Street.

15. Further, even were beds available elsewhere,

these patients are likely to suffer what has been de-

scribed as transfer trauma:

“The damage which may result from such

transfers is irreparable in the true sense of the

word. Changes in surroundings and movements

— of long distances of senior citizens who are suf-

fering from physical and psychological infirmi-

ties are likely to aggravate their condition and

increase the likelihood of death.”

Burchette v. Dumpson, 387 F. Supp. 812, 819 (E.D.

N.Y. 1974). See also HEW Technical Assistance

Memorandum A.A-TA-75-1 (Feb. 19, 1975).

“There is a genuine hazard in the relocation

of infirm aging persons from one facility to an-

other. Dramatic increases in mortality far in ex-

cess of what would normally be expected have

been documented.”

Quoted in Klein v. Mathews, 430 F. Supp. 1005 (D.

N.J. 1977), and Hathaway. v. Mathews, 546 F.2d

227,231 (7th Cir. 1976).

a ee

ee ee ee eee mae ee Seeee yin SS

ee ee ee

Motions for Restraining Order 21a

16. But for the Federal and State termination of

Town Court, Town Court would have continued to

be and desires to continue as a provider under both

the Medicare and Medicaid programs.

(s) Daniel Veloric Pres.

Daniel Veloric

- Sworn to and Subscribed before me this 19th day

of July, 1977. .

(s) Francis M. Killian

Notary Public

Notary Public, Phila., Philadelphia Co.

My Commission Expires December 16, 1980

22a Order Dated July 21, 1977

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF

PENNSYLVANIA

TOWN COURT NURSING CENTER, INC., et al.

Plaintiffs

Vv.

JOSEPH CALIFANO, JR., Secretary of Health,

Education and Welfare,

and

FRANK S. BEAL, Secretary of Public Welfare,

Commonwealth of Pennsylvania,

Defendants

IV.

ORDER

AND NOW, this 21st day of July, 1977, upon con-

sideration of the Verified Complaint, the affidavits

submitted therewith, plaintiffs’ memorandum of law,

the affidavit of plaintiffs’ counsel as to the giving of

notice to counsel for the defendants herein, and plain-

tiffs’ motions for temporary restraining order and pre-

liminary injunction,

IT.IS HEREBY ORDERED AND DECREED that,

pursuant to Rule 65 of the Federal Rules of Civil Pro-

cedure, the defendants, Frank S. Beal and Joseph A.

ee ee em ews

Order Dated July 21, 1977 23a

Califano, Jr., each of them, their agents, attorneys,

deputies, employees and successors, shall be enjoined

and restrained until 2:00 P.M., Tuesday, July 26,

1977, from: .

a. discontinuing or withholding payments to

plaintiff Town Court Nursing Center, Inc. for the

care of Medicare and Medicaid beneficaries.

Plaintiffs shall file with this Court security in form

satisfactory to the Clerk of the Court in the amount of

$100.00.

IT IS FURTHER ORDERED that plaintiffs’ mo-

tion for preliminary injunction shall be heard by this

Court on the day of Tuesday, July 26, 1977 at 2:00

P.M. in Courtroom at the United States Courthouse,

6th & Market Street, Philadelphia, Pennsylvania.

IT IS FURTHER ORDERED that a true copy of

~ this Order together with the Summons, Complaint,

Affidavits and Memorandum of Law be served with-

in three (3) days of the date hereof upon each of

the Defendants. Service and the return of service

may be made by any competent persons eighteen

(18) years of age or older.

(s) John P. Fullam

United States District Judge

i -

24a Defendant Beal’s Motion To Dismiss

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF

PENNSYLVANIA

Civil Action No. 77-2474

TOWN COURT NURSING CENTER, INC., et al.

Plaintiffs

Vv.

JOSEPH CALIFANO, JR., Secretary of Health,

Education and Welfare

and

FRANK S. BEAL, Secretary of Public Welfare,

Commonwealth of Pennsylvania,

Defendants

V.

DEFENDANT’S MOTION TO DISMISS

The defendant Secretary Frank S. Beal, by his at-

torney, M. Faith Angell, Deputy Attorney General

for Eastern Pennsylvania, reserving the right to file

an answer on the merits if the same is required, here-

by moves the Court to dismiss plaintiffs’ Complaint

under Federal Rule of Civil Procedure 12(b) for the

following reasons:

Meine satin ha tippy St

“s

Defendant Beal’s Motion To Dismiss 25a

1. The Complaint fails to state a claim against

Defendant Beal upon which relief can be granted.

2. The Court lacks subject matter jurisdiction.

3. The absence of a pre-termination hearing fails

to rise to a due process constitutional violation.

This Motion is based on the accompanying Memo-

randum of Law.

Respectfully submitted,

(s) M. Faith Angell

Deputy Attorney General

Michael von Moschzisker

Deputy Attorney Generai,

Easiern Regional Director

Robert P. Kane

Attorney General

206 Siate Office Building

Philadelphia, Pa. 19130

Telephone: (215) 238-6661

26a Defendant Califano’s Motion To Dismiss

IN THE UNITED STATES DISTRICT COURT.

FOR THE EASTERN DISTRICT OF PENNSYL-

VANIA

Civil Action No. 77-2474

Town Court Nursing Center, Inc. et al.

Plaintiffs

V.

Joseph A. Califano, Jr., Secretary of Health, Educa-

tion & Welfare

and

Frank S Beal, Secretary of Public Welfare, Common-

wealth of Pennsylvania,

Defendants

VI.

MOTION TO DISMISS

Defendant, JOSEPH A. CALIFANO, JR., Secre-

tary of Health, Education and Welfare, moves this

Honorable Court pursuant to Federal Rule of Civil

Procedure 12(b) to dismiss the complaint against

him for the reason that this Court lacks jurisdiction

ST PT Dee

Defendant Califano’s Motion To Dismiss 27a

over the subject matter, and that the plaintiffs have

failed to establish entitlement to injunctive relief.

Respectfully submitted,

/s/ David W. Marston

United States Attorney

/s/ Robert N. deLuca

Assistant United States

Attorney

Chief, Civil Division

Dated: 29 August 1977

28a Motion for Extension

. VIL.

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYL-

VANIA

PLAINTIFFS’ MOTION FOR EXTENSION AND

RENEWAL OF PRELIMINARY INJUNCTION

[Caption Omitted]

1. On July 27, 1977 this Honorable Court issued

an order granting plaintiffs certain preliminary in-

junctive relief until such time as the United States

Department of Health, Education and Welfare gave

the parties five (5) days notice of its decision with

respect to the request by plaintiff, Town Court Nurs-

ing Center, Inc., for reconsideration of HEW’s de-

cision to terminate Town Court’s status as a Medi-

care provider.

2. On September 9, 1977, by hand delivery, Town

Court, but neither its counsel nor counsel for the in-

dividual plaintiffs, received notice that HEW had de-

nied Town Court’s request for reconsideration on Au-

gust 4, 1977, and that such decision would become

effective on September 14, 1977.

3, Since the State inspection on June 24, 1977,

there has been no Federal or State inspection of Town

Court.

4. During the period prior to the reconsideration

decision, as well as thereafter, to best of plaintiffs’

knowledge, information and belief, no efforts have

been made by defendants to gain knowledge of the

then existing conditions at Town Court.

5. During the period prior to the reconsideration

decision, as well as thereafter, Town Court has not

Motion for Extension 29a

been requested by either defendant to change or cor-

rect any condition then existing at Town Court.

6. Town Court continues to provide the excellent

quality of care and physical environment testified to

by plaintiffs’ witnesses at the hearing held on July

26 and 27, 1977, which testimony is incorporated

herein, by reference.

7. The parties-plaintiff will suffer immediate and

irreparable harm if the preliminary injunctive relief

granted them on July 27, 1977 is not continued until

such time as Town Court’s rights to participation in

the Medicare and Medicaid programs are fully and

finally adjudicated after hearing and judicial review,

if necessary.

8. There is no adequate remedy at law.

WHEREFORE, plaintiffs respectfully request this

Honorable Court to extend and renew the preliminary

injunction issued on July 27, 1977 until such time as

plaintiffs have exhausted their rights to seek review

of defendants’ efforts to terminate Town Court Nurs-

ing Center, Inc. as a Medicare and Medicaid pro-

vider.

(s) Nathan L. Posner

Nathan L. Posner

Jeffrey B. Albert

Attorneys for Town Court

Nursing Center, Inc.

(s) William F. Coyle

William F. Coyle

Attorney for Emma Cooper

et al.

Of Counsel:

Fox, Rothschild, O’Brien & Frankel

4

30a Opposing Affidavit of C. B. Campbell

) VII.

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYL-

VANIA

AFFIDAVIT OF CLAUDETTE V. CAMPBELL

[Caption Omitted]

State of Pennsylvania

County of Philadelphia ss

CLAUDETTE V. CAMPBELL, being duly sworn,

deposes and says as follows:

I am Claudette V. Campbell, a registerec’ nurse

with a Bachelor of Science degree in Nursing and a.

Master of Public Health degree. I am a Commissioned

Officer in the United States Public Health Service,

holding the rank of Senior Nurse Officer. In 1974,

I received an appointment as Program Officer/Nurse

Consultant to the Office of Long Term Care Stan-

dards Enforcement. This agency was incorporated in-

to the Health Standards and Quality Bureau, Health

Care Financing Adminisiration, Region III, United

States Department of Health, Education and Welfare

on June 19, 1977. '

One of my functions as the Regional Office Long

Term Care Nurse Consultant is to review provider

files prepared for termination from participation in

the Medicare/Medicaid program. The purpose of

my review is to ensure that Federal health standards

have been applied and documented substantially in

accordance with Federal regulations. The other criti-

cal determination that is made is an evaluation of the

effect of non-compliance with the Conditions of Par-

Opposing Affidavit of C. V. Campbell 31a

ticipation on the health and safety of patients in the

facility under review. My findings are a result of a

thorough review of all documentation submitted by

the State agency and a review of the provider file.

After the above review is completed, I recommend

either concurrence or non-concurrence with the ad-

verse action to the Director, Office of Long Term

Care Standards Enforcement.

The following statement summarizes the develop-

ments culminating in my decision on May 12, 1977 to

recommend to the Director of the Office of Long

Term Care Standards Enforcement acceptance of the

State survey agency’s recommendation of non-renewal

of Town Court Nursing Center’s provider agreement,

which had expired April 30, 1977.

1. On January 1, 1967, the facility received con-

ditional approval for participation in the Medicare

program based on the State agency’s finding of a

serious nurse staffing deficiency. Other deficiencies

related to the requirement that oral orders should

only be given to a licensed nurse, and reduced im-

mediately to writing, and physicians should be ad-

vised of stop order policies and contacted for renewal

of orders. |

2. On May 9, 1968, a supplement to the initial

agreement was issued to the facility based on substan-

tial progress in correcting deficiencies outlined above.

However, remaining deficiencies noted included

pharmaceutical services: ail medications administered

to patients were not ordered in writing by the patient’s

physician, oral orders were not given only to a licensed

nurse, and were not immediately reduced to writing.

32a _ Opposing Affidavit of C. V. Campbell

3. A State survey agency visit on September 8-9,

1971 resulted in deficiencies being noted, including

the following: physicians orders were not being re-

vised every 30 days, and maintenance of sanitary con-

ditions in the entire kitchen area including store

rooms and staff dining room areas was “deplorable”.

4. The State survey agency made a special visit to

the facility on January 28, 1972 and found deficien-

cies previously listed corrected, but an additional de-

ficiency noted was in Nursing Service in that there

was no night supervising nurse for the three weeks

prior to the survey.

5. On April 10, 1972, a supplemental agreement

was issued as a result of the facility’s substantial com-

pliance, with correctible deficiencies. The deficien-

cies noted include incorrect storage of medication and

poor housekeeping.

6. A survey performed by the State agency on

October 23, 1973 revealed deficiencies including nurs-

ing staff shortages, an unlicensed nurse as shift super-

visor, medications not properly recorded, labeled, or

stored, narcotic records not properly maintained, pa-

tient call bells removed, and inadequate housekeeping.

7. A special unannounced survey visit on March

19-20, 1974 by the State agency revealed numerous

serious deficiencies and the results were transmitted

to Office of Long Term Care Standards Enforcement

with a termination recommendation. (See Attach-

ment 1).

8. On March 28, 1974 the facility received an ex-

tention to their agreement to May 31, 1974 to deter-

Opposing Affidavit of C. V. Campbell 33a

mine whether compliance with the Conditions of Par-

ticipation had been achieved.

9. On May 9, 10 and 15, 1974, an unannounced

licensure visit was conducted and revealed continuing

major deficiencies. (See Attachment 2).

10. On May 22, 1974, the facility was notified

that it was being given a short term agreement, for a

period of 90 days, from June 1, 1974 to August 31,

1974, to correct the deficiencies that were found dur-

ing survey visits on March 19 and 20, 1974.

11. Based on the results of revisits by the State

survey agency on May 9, 10, 15, 1974 and June 3, 4,

5, 1974 (see Attachment 3), a recommendation of

non-renewal was made by the State survey agency.

12. On September 30, 1974, the facility was noti-

fied that its provider agreement would not be re-

newed and that its participation in the program was

terminated as of “ctober 31, 1974.

13. Survey results of April 14, 1976 revealed no

deficiencies, and the facility was readmitted to the

program effective that date.

14. The Office of Long Term Care Standards En-

forcement received a request from the District Attor-

ney’s Office, Philadelphia, Pennsylvania, Economic

Crime Unit, to investigate complaints of poor care at

the facility on July 8, 1976.

15. A Federal survey performed July 19-23, 1976

substantiated the above complaint. In addition, the

following Conditions of Participation were not met:

34a Opposing Affidavit of C. V. Campbell

Medical" Direction and Nursing Services. The Con-

ditions Participation for Physican Services and

Dietaty Services were only marginally met, and addi-

tional standards were found not met. (See Attach-

ment 4).

16. On November 22-24, 1976, an unannounced

survey was performed by the State survey agency.

An Office of Long Term Care Standards Enforcement

staff member participated in the survey on November

22, 1976. A physician from the State survey agency

also participated. The same and additional Condi-

tions of Participation and standards were found not

met. (See Attachment 5).

17. The facility filed a Plan of Correction dated

February 10, 1977 which was unacceptable to the

State survey agency based on omission of completion

dates for the correction of deficiencies. A new plan

of correction was submitted March 17, 1977 showing

completion dates.

18. On April 21, 1977, the Pennsylvania Depart-

ment of Health forwarded the November 1976 and

March 1977 survey results with a Certification and

Transmittal recommending non-renewal of the facil-

ity’s provider agreement.

Non-compliance with the Conditions of Participa-

tion impacts significantly on the health and safety of

the patients at Town Court and poses a threat to their

welfare. It is imperative that medical direction,

physician services, nursing services, and pharma-

ceutical services, k> provided in a safe and adequate

manner. The State survey findings reveals significant

omissions in these areas.

Opposing Affidavit of C. V. Campbell 35a

Of equal importance in my concurrence with the

recommendation of non-renewal was the pattern

demonstrated by the facility of having the same stan-~

dards not met on successive resurveys starting from

1974 through 1977. The facility has not performed

in a responsible matter with respect to maintenance

of health standards in order to ensure adequate and

safe services. The history on file clearly demonstrates

this central weakness in the facility. All of the above

can be substantiated by a careful review and analysis

of the actual reports.

(s) Claudette V. Campbell

Claudette V. Campbell

Sworn to and subscribed before me this 14th day

of September, 1977.

Kathleen Taylor

Notary Public

Philadelphia, Philadelphia

Co.

My commission expires October 31, 1977.

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Opposing Affidavit of C. V. Campbell 37a

March 27, 1974

Madeleine S. Bowen, R.N.

Field Representative

Standards and Licensure

Narrative Report

An unannounced visit was made to Town Court

Nursing Home, 1526 Lombard Street, Philadelphia,

Pennsylvania 19146 for the purpose of investigating

a complaint and documenting a post recertification

Medicare and Medicaid visit.

_ Mrs. Marjorie Steever, R.N. Survey Validation Of-

fice, Department of Health, Mr. Jack Slusser, R.N.

and Mrs. Madeleine Bowen, R.N., Field Representa-

tives from the Southeastern Regional Office, were ad-

mitted to the facility at 9:35 P.M. on March 19, 1974.

The visit was terminated at 2:45 A.M. on March 20,

1974.

This facility is a five (5) story brick and masonry

building in the densely populated area of Philadelphia.

The capacity is 138 beds. Patients are housed on the

second (2), third (3) and fourth (4) floors. The

census on the night of the visit was 134 patients.

Several patients had been sent to the hospital. Eighty-

seven (87) patients were on Medical Assistance and

13 were on Medicare.

A nurses aide admitted the representatives to the

home and then summoned Mrs. Walker, R.N., Super-

visor on the 3-11 tour of duty. The representatives

introduced themselves and Mrs. Bowen stated the

purpose of the visit. Mrs. Walker, R.N. was ad-

vised to notify the Administrator Mr. John Thomas

i ie]

ee

38a Opposing Affidavit of C. V. Campbell

of the presence of the representatives in the facility

and the purpose of the visit.

Mrs, Walker telephoned Mr. Thomas.

Mr. Thomas spoke with Mrs. Bowen on the tele-

phone. He offered to come into the home and be

available. He was informed that most of the neces-

sary data was readily available except the closed files

which were locked in his office. Upon questioning

by Mr. Thomas, Mrs. Bowen stated she hoped to com-

plete the visit in two (2) hours, but could not say for

certain how much time would be necessary since the

survey had not yet begun. Mr. Thomas related that

his traveling time was 40 minutes each way and there-

fore he would not come in for the visit.

_ Mr. Thomas is an unlicensed nursing home admin-

istrator and is planning to take the state licensure ex-

amination in April 1974. He had been advised by

Mrs. Bowen on January 14, 1974 to apply for a pro-

visional license but has failed to do so because of the

cost involved.

Mrs Walker, R.N. supervisor on the 3-11 tour of

duty was from an agency known as Medical Personnel

Pool and was not an employee of the home. She

stated she worked at Town Court an average of three

(3) evenings a week.

Mrs. Walker provided Mr. Slusser with the cur-

rent nursing time schedules for his review while Mrs.

Steever and Mrs. Bowen conducted a tour of the fifth

(5) floor.

Discrepancies were found in staffing of nursing

personnel. Mrs. Moise, R.N. 11-7 and Mrs. De-

|

, Opposing Affidavit of C. V. Campbell 39a

Vastey, R.N. 3-11 appeared on the nursing schedule

but it was learned that Mrs. Moise had not worked

for several weeks and Mrs. DeVastey had resigned.

The nurse on 11-7 tour of duty, Mrs. Bernard was a

foreign nurse not licensed in Pennsylvania. The

nursing schedule showed no 3-11 R.N. scheduled on

March 15, 16, 17, 1974. On the 7-3 tour of duty on

March 16, 17, 1974there was no scheduled relief for

the Director of Nurses. There were quantitative de-

ficiencies on the 7-3 tour of duty on March 16, 17,

on 3-11 on March 15, 16, 17, and on 11-7 on March

14, 16, 17th. There was a time clock and time cards

in the nurses station on second (2) floor but almost

all of the time cards were blank.

Mrs. Smith, a nurses aide on her first night of duty

had been assigned to another nurses aide for orienta-

tion. Nurses aides on the 11-7 tour of duty “thought”

they had inservice, but could not relate to the last

topic discussed.

Fifth Floor

Two (2) nursing personnel were on the 5th floor,

Mrs. Bush L.P.N. and an aide. Mrs. Bush, L.P.N.

was in charge of the fifth floor and accompanied the

representatives. The census on this ,floor) was 34

patients. Plastic bags of soiled linen were’ found in

the hallway and the alcove near the\refrigerator. The

refrigerator was soiled with spilled juice. In Rooms

511 and 516, foley catheter bags were observed lying

on the floor. There was no H:O glass or cup in room

513, water pitchers in rooms 512, 514, and 516 were

empty and one unit in 516 had no water pitcher. All

other pitchers were alfhost empty and only one pitcher

4

40a Opposing Affidavit of C. V. Campbell

was filled with water containing ice. In room 511,

two (2) soiled bedpans were cn the floor. The medi-

cation cardex showed many medications had not been

given; nursing care plans were incomplete and the

vital sign book had no recording since January.

A patient, Rabbi Sobol was awake and got out of

bed to talk to the representatives when they entered

his room. Initially his speech was very fast, garbled

and unintelligible. Mrs. Bush stated that he was dis-

oriented. After a few minutes Rabbi Sobol was able

to speak clearly and coherently. He was fully mobile

and moved and walked about freely and easily. He

appeared anxious and agitated as he told the repre-

sentatives that he was not allowed to go outside of

the home at all even though he was capable of doing

so. He also spoke about his house and was con-

cerned about the disposition of his property. He

complained about the food in the facility stating that

it was not to his taste. He insisted that Mrs. Bowen

write the repesentatives names on paper and where

they were from. He took this piece of paper and put

it in a book on his bedside table. He asked the

representatives to help hiin and his wife get out of

this home. His wife is a patient on the same floor

and according to the nurse is also capable of self care.

Rabbi Sobol followed the representatives out into the

hall pleading with them to help him get out of this

facility. Mrs. Bowen accompanied him back into his

room and listened to him for at least 10 minutes: He

was very reluctant to permit her to leave.

A review of Rabbi Sobol’s chart revealed the pres-

ence of an application to the Home for the Jewish

Aged. No social service notes were on the chart.

.

Opposing Affidavit of C. V. Campbell 4la

Rabbi Isiah Sobol’s clinical record revealed that

there was an order for a Kosher Diet and force fluids

which did not appear on the Nursing Care Plan. The

medication record indicatéd the patient did not re-

ceive Mellaril 15 mg. T i d on March 6, 9, through

March 13, 15,16, 17,1974. The’ order was clfanged

to Mellari! 25 mg. T i rch 17, There.was no

indication on the record whether it was’ obtained or

given. Although the physicians order was for “force

fluids-water and juices” there was no current intake

and output record on the chart. Nupies notes stated

that Rabbi Sobol frequently requested fruit juice for

constipation but that fruit juice was not available.

In Room 512, Mrs. Gerard, a 64-year old patient

was observed lying in bed clad only in underpants.

The bedclothes were in disarray and one bedside rail

was down. Mrs. Bowen spoke with Mrs. Gerard

who was unable to respond to questions such as “how

are you?”’, and “do you know where you are?” Mrs.

Gerard responded by spelling her first name which

is Elodie. This patient appeared very sluggish and

drowsy. There was not water on her bedside table.

Mrs. Bush put a gown on the patient, explaining that

Mrs. Gerard frequently disrobed.

Mrs. Gerard’s clinical record revealed that she was

admitted to Town Court Nursing Home on May 3,

1973 from Albert Einstein Medical Center Psychi-

atric Unit. Her diagnosis at Albert Einstein was

Depression. The initial physical examination done

at Town Court stated a diagnosis of Cerebral Arterio-

sclerosis. The discharge summary from Albert Ein-

stein stated that this patient was an Alcoholic and

42a Opposing Affidavit of C. V. Campbell

had had a previous admission to their Psychiatric

Unit.

Upon questioning, Mrs. Bush, L.P.N., stated that

Mrs. Gerard was usually a lively interested indi-

vidual who participated in many activities in the home

and was very well-ti y the other patients. She

stated thatin the past month Mrs. Gerard had “failed”

and was withdrawn, disorierited, frequently disrobed

and attempted to climb out of bed, and that her food

and fluid intake was poor. She sometimes wandered

around the 5th floor at night.

A review of the clinical record revealed that Mrs.

Gerard had been under the care of Dr. Gottlieb. On

February 27, 1974 she was seen by Dr. Schwartz be-

cause she apparently had an upper respiratory infec-

tion. Doctor’s progress notes indicate her tempera-

ture was 101 degrees and her pulse was 120 at that

time. No respiratory rate was recorded. The only

temperature recorded on the record was in May 1973.

Dr. Schwartz wrote an order for Robitussin and an

order to take all vital signs 4 times daily for 4 days.

No record of any vital signs was found on the clinical

record or the vital sign book. However, the order

had been transcribed onto the medication sheet and

initialed in the appropriate spaces by a nurse. On

February 28, 1974, a verbal order was written on

the Doctors order sheet to transfer Mrs. Gerard to

the service of Dr. Kramer. The Verbal order had

not been co-signed by Dr. Gottlieb. On March 1,

1974, progress notes written by Dr. Storey stated the

patient had a Upper Respiratory Infection, Tracheo

bronchitis, Dehydration, and possible Electrolyte Im-

balance. He ordered Tetracycline, force fluids, water

Opposing Affidavit of C. V. Campbell 43a

and juices, discontinue Lasix and discontinue Mellaril.

Nurses notes on March 1 stated only that fluids were

forced and patient slept all day. No intake or output

record was kept. On March 2, 3rd, Tetracycline

was charted as given intramuscularly; it had been or-

dered by mouth. On March 3, 1974 the patient was

sent to Graduate Hespital of ‘the University of Penn-

sylvania because of her upper respiratory infection.

A note from the hospital signed by Dr. Freedman

stated that Mrs. Gerard had Laryngitis, Bronchitis,

and moderate dehydration. A prescription for Pen

VK was returned to Town Court with the patient the

same evening. No nurses notes were written from

the time the patient was sent to the hospital until

March 7, 4 days later, on the 11-7 and 3-11 tour of

duty.

On March 4, Dr. Adelman discontinued the Pen

VK which had never been given, and ordered Tetra-

cycline continued which was not recorded as given.

He ordered fluids pushed to 2000 cc per day. No

record of any intake was available on the clinical rec-

ord. On March 17, Thorazine was ordered by Dr.

Kramer.

The Nursing Care Plan for this patient stated only

that the patient’s status was stationary; the block

marked “withdrawn” had not been checked. No

other information was on the nursing care plan.

Nursing summaries were incomplete and lacked

any information indicating the patient’s real condition

mentally, physically or emotionally. One nurse’s

notation on the night tour of duty stated that the

patient had been restless and walking around request-

ing food and drink, but no food or juice was avail-

ee tl

44a Opposing Affidavit of C. V. Campbell

able. No nursing assessment\ had been recorded.

Doctor’s progress notes dated September, October,

November and January were illegible.

Fourth Floor—Census 39

3-11 Charge nurse Mrs. Clark—Aides

11-7 Charge nurse Mrs. Williams—L.P.N.

(W)

Mr. Slusser conducted a tour of the 4th floor.

There was a notable odor of urine upon entering the

lounge area from the elevator. Mrs. Williams, L.P.N.

(W) was in charge of the 4th and 3rd floors on the

11-7 tour of duty. She accompanied the representa-

tive on complete rounds, and was very knowledgable

of all the patients on these areas.

Mrs. Bernard, supervising nurse on 11-7 tour of

duty frequently consulted Mrs. Williams in regard to

extra procedures and routines, i.e., she asked Mrs.

Williams to leave her areas of duty and come to the

second floor to identify the proper key to the emer-

gency drug kit.

Medication records on fourth floor revealed that

some patients did not receive medications on the fol-

lowing dates, February 11, 12, 13, 14, 18, 20, 25,

27th, March 6, 10, 12, 16, 18, and 19th.

Mrs. Edna Kirkoff was Medicare patient in room

412. She had been admitted to Town Court Nursing

Home on February 15, 1974 from Graduate Hospital

with a diagnosis of Right Cerebral Vascular Accident,

Diabetic, Ulcer of left leg, and Arteriosclerosis Obli-

terans. The patient had a nasogastric tube in-place

at the time of admission. On February 24, and March

I>

Opposing Affidavit of C. V. Campbell 45a

1, 1974 Mrs. Kirkoff was sent to Graduate Hospital

for reinsertion of the nasogastric tube after she had

pulled it out. Nurses notes on March 1st indicate

that after the tube was reinserted at the hospital dur-

ing the day tour of duty, and the patient again pulled

it out on the 3-11 tour of duty. No nurses notes were

written until March 3, 1974 when “tube feeding”

was noted.

There was no report of a chest x-ray or urinalysis

on the record. The patient did not receive her

Mandelamine on March 2, at 6 and 10 P.M. nor her

Lanoxin on March 12, 1974. No tube feeding was

recorded on the medication sheet on March 1, 2, 6,

at 6 and 10 P.M. and on March 12 at 10 and 2 P.M.

Betadine was ordered to the ulcer of left leg 2 times

a day, however it was recorded on the medication

record only 4 times for March.

A nursing care plan for Mrs. Kirkoff was for-

warded to Town Court from the hospital. The nurs-

ing care plan was as follows:

Stimulate patient by talking to her

Mouth care

Catheter care

Good skin care

Ulcer care

Bath oil, dry skin

OOB b.i.d., try diversion

Posey mitt to hands, remove T.i.d.

Naso-gastric Tube

Watch for impaction, sit up hi—fowlers for

feeding.

s

46a Opposing Affidavit of C. V. Campbell

The nursing care plan at Town Court read as fol-

lows:

“Return to A D L, Needs full nursing care,

needs to be oriented.”

a

‘Jennie Bradley was a medicare patient in room

412. She is 79 years old and was admitted on Janu-

ay 25, 1974 from St. Agnes Hospital. The nursing

care plan from the hospital read as follows:

Encourage to feed using extremities assist

ambulating due to vision and balance, wear neck

brace OOB, cervical collar in bed

soft diet

ROM Therapy

commode after breakfast

watch for decubiti after brace is removed

There was no nursing care plan for this patient at

Town Court. Nurses notes stated “routine care.”

There was no discharge summary on the record. The

patient’s temperature had not been taken since ad-

mission on January 25, 1974.

Third Floor—Census 39

3-11 Mrs. Booker, LPN—charge nurse—aides

11-7 Mrs. Williams—2 aides

A tour of third floor was made by Mrs. Bowen ac-

companied by Mrs. Booker, LPN. In rooms 214,

317, and 320 there were no drinking cups; there was

also a strong odor of urine. Soiled bedpans were on

the floor in patients rooms. In room 320 a Foley

Catheter drainage bag was lying on the floor. In

room 307, two (2) bedside units lacked water

pitchers. Water pitchers were almost empty and

Opposing Affidavit of C.V. Campbell 47a

none contained any ice. External drugs i.e., eye drops

and 10se drops were unlocked at the nurses station.

Nursing Care Plans were either not done at all or

incomplete. Medication sheets dated October and

November 1973 were loosely piled on the desk at the

nurses station.

A review of the medication records revealed that

on March 12 and 17, 1974, no medications had been

given on the 3-11 tour of duty. There was no record

that Insulin had been given to Joshua Williams on

March 10, 11, 1974. Valison ointment and Benadryl

otdered for Mrs. Helen Davis on March 14, were not

started until March 17. No medications were re-

corded as given to Dora Vashen on March 6, 1974,

or to Thomas Butler on February 27.

The tour was concluded with a visit to the Dietary

Department by Mrs. Steever, Mrs. Bowen and Mr.

Slusser accompanied by Mrs. Bernard supervising

nurse. A large bowl of eggs was found unrefrigerated.

Since there was no juice available on any patient

floors, Mr. Slusser advised Mrs. Bernard to take a

can of orange juice which was stored in the break-

fast cart. Mrs. Bernard picked an opened can of

juice, but Mr. Slusser urged her to take a full un-

opened can, which she did with some reluctance.

Sanitation in the kitchen was satisfactory. Food

stores were locked and could not be surveyed. 7

A special visit was made to this facility by Mrs. ,

Madeleine Bowen, R.N. Field Representative and

Mr. Jack Slusser, R.N. Assistant Supervisor Stan-

dards and Licensure, Department of Public Welfare

and Mrs. Marjorie R. Steever, R.N. Survey Valida-

tion Officer, Division of Licensure and Certification,

48a Opposing Affidavit of C. V. Campbell

Department of Health on the night of March 19, 1974,

and by Mrs. Phoebe Somma, R.N., and Mrs. Mary P.

Berman, R. N.; Field Representatives, Department of

Public Welfare Division of Standards and Licensure

on the morning of March 20, 1974.

The purpose of the visit was to investigate regard-

ing a patient care complaint and follow-up on the

2567 (B) corrective action taken. As indicated in

the attached summary this facility has had on numer-

ous survey visits patient care deficiencies which repre-

sents a hazard to the health and safety of the patients

within the facility. A post-certification revisit report

and certification and transmittal is attached for the

March 19, and 20, visits.

A recommendation for termination of the provider

agreement is being made.

March 18, 1974

Subject: Town Court Nursing Home

To: File

From: Madeleine S. Bowen, R.N.

Field Representative

Standards and Licensure

Mrs. Philomena Shewcheck a complainant was

telephoned on March 15, 1974 and asked to write her

complaint and be more specific as to the charges of

negligence, inadequate care, inhuman and degrading

treatment.

Mrs. Shewcheck replied she is very burdened at

home at present. with an ill husband and father-in-

-

Vw

‘Opposing Affidavit of C.V.Campbell 49a

law and will try in the near future to write to the

Department of Standards and Licensure specifically

stating her complaints.

Mrs. Shewcheck said she did not want to become

involved today. She stated that the patient Wanda

Nefka, had died after being transferred from Town

Court to a hospital where she laid 7 1/2 hours before

being identified. She said that another patient at

Town Court was refused water because she was in-

continent.

Mrs. Shewcheck concluded the conversation by

saying she would write to this office in a week or two.

March 22, 1974

Subject: Town Court Nursing Center

To: File

From: (Mrs.) Phoebe Somma, R.N.

(Mrs.) Mary Berman, R.N.

Field Representatives

Standards and Licensure

A special unannounced visit was made March 20,

1974 to Town Court Nursing Center by Field Repre-

sentatives Mary Berman and Phoebe Somma; follow-

ing the unannounced night visit of March 19, 1974.

Mr. Thomas, acting administrator accompanied

Field Representatives and Mrs. Gross, R.N. Director

of Nursing Services joined the surveyors during the

tour of patient care areas.

50a Opposing Affidavit of C. V. Campbell

Fifth (5) Floor

Census 34—staffed by one (1) L.P.N.

(waiver) and two (2) nurses aides.

Mrs. Adelman, a patient in Room 509 was of seri-

ous concern to surveyors; this concern was also evi-

denced during the special undnnounced visit made

the previous night (see previous report). Review of

her clinical record on March 20, 1974 revealed the

medication, ampicillin, had been secured from the

Pharmacy. Although the medication label was dated

March 19, 1974 there was no documentation that the

prescribed dose of ampicillin (ten (10) cc every six

(6) hours) was given until 12 noon on March 20,

1974. The L.P.N. on duty stated she did not know

why the medication was not given as ordered. Pa-

tient’s temperature recorded as (104) (R) at 8:00

A.M.—100 (R) at noon. Intake and output was re-

corded from 8:00 A.M. until time of visit (12:30

P.M.)

Mrs. E. Pennington, patient in Room 501, ad-

mitted March 15, 1974, verbalized complaints in-

volving rough handling and verbal abuse by staff

members; no particular personnel named. Clinical

record reviewed to ascertain prescribed medications

and treatments. Verbal physician’s orders revealed

an order for insulin, Colase and a sitz bath treatments.

Insulin and colase were charted as being given but

no record of sitz bath treatment. While conversing

with patient, her daughter brought in two bottles of

medications, which the patient had been receiving at

home on a daily basis (Dilantin and Urecholine).

These were given to Mrs. Gross, R.N. by the patient’s

Opposing Affidavit of C. V. Campbell 5la

daughter. Neither of these medications appeared on

physician’s order sheet.

Fourth (4) Floor

Census 39—staffed by one (1) L.P.N.

(waiver) , four (4) nurses aides.

Very offensive odor of urine permeated the

entire floor.

Clinical record of Amaza Smith revealed

medication had not been

Third (3) Floor

Census 39—staffed by one (1) L.P.N. (ex-

amination) and four (4) nurses aides.

Viola Thomas in Room 309 was observed to be

having difficulty eating her lunch. Upon investiga-

tion the patient stated she was partially blind and her

fingers were observed to be severely deformed by an

arthritic-like condition. She stated she does require

assistance with her meals but does not receive it. She

further stated the nurses yell and curse at her when

she requests help.

Clinical record of Hermin Garfinkle revealed his

medications had not been charted as given since

March 19, 1974.

Clinical record of Mabel Watson revealed medica-

tions had not been charted as given since March 1,

1974.

Second (2) Floor

Census 24— staffed by one (1) R.N. three (3)

nurses aides.

Random selection of clinical reccrds revealed no

major discrepancies in charting.

A

52a Opposing Affidavit of C. V. Campbell

Review of closed clinical records in administrator

office.

Charles Alexander admitted March 15, 1974 ex-

pired March 19, 1974. Physical examination on ad-

mission, stated Nutrition was poor, admitting diag-

nosis Heart failure. Nurses notes were not written at

time of admission, nor in chronological order there-

after.

One medication (Lasix 40 mgm O.D.) ordered by

physician on admission, was not recorded as being

given during the patient’s stay. Verbal orders of

March 17, 1974 were not signed by physicians. No

discharge progress note by physician.

Celia Diamond discharged to Graduate Hospital on

March 18, 1974.

March 13, 1974 nurses notes stated patient fell

hitting the back of her head resulting in a laceration.

She was sent to Graduate Hospital for X-rays and

sutures. The next entry in nurses notes on March 18,

1974 stated patient appears very pale and lethargic,

slurred speech, temperature 102, and vomiting and

bile colored fluid. Transferred to Graduate Hospital

with all her belongings.

In reference to a complaint received in Regional

Office on March 15, 1974, Wanda Meks’s clinical

record was reviewed, patient was admitted January

3, 1974 with a diagnosis of arteriosclerotic, cardio-

vascular disease, chronic heart failure, and diabetes.

No significant nurses notes until January 17, 1974,

at which time note stated patient looks poor: vital

signs: no pulse, respirations 43. B/P 120/60. Dr.

Nathanson notified instructed nurses to give Lasi 40

mgm i.m.

Opposing Affidavit of C. V. Campbell 53a

Next entry stated—patient transferred to Presby-

terian Hospital where according to complainant she

expired. No progress notes by physician except one

entry which states “see P.E.”. No intake or output

recorded despite diagnosis and diuretic medication

order. ;

Following this visit and reviewing the above facts

it is the opinion of the surveyors that the care ren-

dered to the patients in this facility is jeopardizing

their health and safety.

PS: MB/ig

(s) Mary P. Berman, R.N.

(s) Phoebe Somma, R.N.

Town Court Nursing Home

Maich 20, 1974

A special visit was made to this facility by Mrs.

Madeleine Bowen, 'R.N. Field Representative and Mr.

Jack Slusser, R.N. Assistant Supervisor Standards and

Licensure, Department of Public Welfare and Mrs.

Marjorie R. Steever, R.N. Survey Validation Officer,

Division of Licensure and Certification, Department

of Health on the night of March 19, 1974, and by

Mrs. Phoebe Somma, R,N., and Mrs. Mary P. Berman,

R.N., Field Representatives, Department of Public

Welfare Division of Standards and Licensure on the

morning of March 20, 1974.

The purpose of the visit was to investigate regard-

ing a patient care complaint and follow-up on the

2567 (B) corrective action taken. As indicated in

the attached summary this facility has had on numer-

,e4

54a Opposing Affidavit of C. V. Campbell

ous survey visits patient care deficiencies which rep-

resents a hazard to the health and safety of the pa-

tients within the facility. A post-certification revisit

report and certification and transmittal is attached

for the March 19, and 20, visits.

A recommendation for termination of the provider

agreement is being made.

ATTACHMENT 2

Subject: Town Court Nursing Home

To: File

From: (Mrs.) Madeleine S. Bowen, R.N.

. Standards and Licensure

Field Representative

Summary: .

An unannounced licensure visit was made at Town

Court Nursing Home on May 9, 10, and 15, 1974.

Mr. Jack Slusser, R.N., Mrs. Mary Berman, R.N. and

Mrs. Madeleine Bowen, R.N. conducted the survey.

Mr. Thomas, Administrator, Mrs. Moody, Assistant

Administrator, and Mrs. Gross, Director of Nursing,

accompanied and assisted the surveyors.

On April 3, 1974.this facility received a certified

registered letter citing 26 deficiencies found at the

time of an unannounced night visit on March 19,

1974. A thirty (30) day period was allotted to the

facility to provide time for those corrections needed

in order to meet full compliance with the State regu-

lations.

Opposing Affidavit of C. V. Campbell 55a

The survey revealed that some deficiencies had been

corrected. Mr. Thomas had a temporary administra-

tors license and had taken the administrators exam-

ination. Disaster Plans had been posted, linen sup-

plies were increased, call bells were available many

more medications were being charted and more nurs-

ing care plans were available.

Major deficiencies continued to exist in staffing,

nursing care, medications, clinical records, physicians

orders and in the dietary department. The census

remains at 138 and in the past 5 1/2 months 65

patients had been transferred to hospital, 19 had ex-

pired, and 26 had been sent home or to other nursing

homes. Because of the unusually high number of

hospital admission, 26 closed records were reviewed

and it was revealed that only 2 of 20 patients were

transferred or discharged with a physician’s order.

Two (2) bodies had been removed:from the facility

before pronouncement of death by the physician.

One (1) clinical record contained no pronouncement

of death.

It was also discovered that on April 28 telephone

verbal orders were received and signed “Carol Fertig,

RN.” although Miss Fertig did not work on that day.

The writing appeared to be that of F. Lohier a regis-

tered nurse currently unlicensed in Pennsylvania.

Ms. Lohier’s name did not appear on any time’ sched-

ule.

The problem of poor nursing care suggests that

daily rounds by Registered Nurses are not being done

and therefore no professional nursing assissments are

made. This ultimately results in the practice of cor-

rective rather than preventative medical and nursing

56a Opposing Affidavit of C. V. Campbell

care inadequate supervision and direction of nursing

personnel. Such problems as dehydration and fecal

impactions are preventable by careful nursing ob-

servation and nursing intervention, neither of which

is in evidence in this home.

Changes in patients conditions are not noted until

those changes have resulted in some acute condition

necessitating medical intervention.

In addition to the poor quality of professional

nursing supervision the nursing staff is deficient in

quantity therefore compounding the problem. It is

the contention of the Director of Nursing that the

patients are showered and kept clean. That alone is

not the only goal of geriatric care. The number of

males needing shaves scems to be a result of inade-

quate staffing.

Nursing personnel other than R.N.’s are oriented

by their peers. They were not aware of the meaning

of an ADA diet or the significance of “double” on a

patient’s tray.

The dietary department had glaring deficiencies

particularly in the area of therapeutic diets. Of

eleven (11) patients on fifth (5) floor ordered to

receive therapeutic diets, only five (5) were receiv-

ing them. On May 9th the luncheon entree of “sloppy

joes” was insufficient in quantity to serve all the

patients and other substitutions had to be made. A

tube feeding was being prepared with the syrup from

canned fruit, milk, and eggs.

Complaints received in the Regional Office.about

cold food and hungry patients were substantiated.

Opposing Affidavit of C.V.Campbell 57a

Observation of lunch being served revealed that food

stands on carts from 5 to 25 minutes while nurses

aides pour coffee and milk and put condiments on

trays. No heating devices are available to maintain

warmth.

Upon questioning several patients stated they were

often hungry but additional food was never available.

Almost every bedside cabinet had supplies of cookies,

crackers and candy supplied by families. One (1)

male patient refused to offer any comments about the

home stating ‘“‘I’d be a fool if I complained”’.

Water pitchers were dirty, water was not fresh

there was no ice in any pitchers; some patients had

no water pitchers or drinking glasses.

Mrs. Baur, a patient on third (3) floor complained

to a surveyor about the inhuman treatment and verbal

abuse. Several telephone and written complaints

have been received in the regional office concerning

thé treatment of patients in this facility.

The exit interview was conducted with Mr. Thom-

as, Mrs. Moody and Mrs. Gross. The numerous prob-

lems werd discussed and the problem of staffing was

reviewed.\ Mr. Thomas and Mrs. Gross stated that

obtaining ahd keeping staff was difficult. Upon ques-

tioning Mr. Thomas revealed that he felt petsonnel

policies for nursing staff were poor and felt his own

benefits were inadequate. He stated that requests to

the corporate office for increased- benefits have been

denied. ;

Licensure was not recommended at this time. Mr.

Slusser stated that the report of the survey would be

turned over to the legal department for action. Both

58a Opposing Affidavit of C. V. Campbell

Mr. Thomas and Mrs. Moody were of the opinion

that most of the deficiencies had been corrected prior

to the survey. It was the findings of the survey how-

ever, that not only .new areas of deficiencies but

continuing serious deficiencies in nursing. Mr. Slusser

pointed out that no request for consultation had been

forthcoming from the facility although it had been

offered in the letter of April 2.

Mr. Thomas said he would #end a formal request

for consulation to Mrs. Poppert.

Jun 18 1974

ATTACHMENT 3

June 28, 1974

Summary: Town Court Nursing Center

Survey of June 3, 4,5, 1974

Provider Number

39-5129

An unannounced survey for the purpose of Licen-

sure, Medicare and Medicaid, was done at Town Court

Nursing Center on June 3, 4, 5, 1974. Participating

surveyors were Mrs. Barbara Faillace, R. N., Mrs.

Madeleine Bowen, R.N., Mrs. Phoebe Somma, R.N.,

and Mrs Mary Berman, R.N., Mrs. Marjorie-Steever,

Medicare Validation Officer, qneriaQung also par-

ticipated in the visit.

The license for this facility expired on March 22,

1974, and no recommendation for licensure has been

made ‘by the Regional Office of the Department of

Welfare.

Opposing Affidavit of C. V. Campbell 59a

Several extensions of time have been granted to

Town Court in order to provide this facility the op-

portunity to come into compliance with state regu-

lations.

On April 2nd, 1974, Mr. Thomas, Administrator

received a letter and a list of violations by certified

mail. A thirty (30) day period ending May 4, 1974,

was granted to correct existing deficiencies. An

offer to provide consultation was included in the

~letter but was not acted upon by Mr. Thomas. Notice

was given that the next survey would be unannounced.

On May 9, 10, 15th, an unannounced licensure

survey was done and because substantial improve-

ment had not been made in the quality of patient care,

no recommendation for a license was made.

On May 24th, 1974, a meeting was held in the

Regional Office at the request of Mr. Al Casper of

Regional Health Planning. He was accompanied by

Mr. Daniel Veloric, President of Geriatric and Medi-

cal Centers, Inc., and Mr. John Thomas, Administra-

tor of Town Court. Representing the Department of

Welfare were Mrs. Dorothy Poppert, Regional Super-

visor, Mr. Cecil Maidman, Attorney for the Depart-

ment, and Mrs. Ruby Buckler, Miss Roseanne Mar-

sicanno, Mr. Jack Slusser, Mrs. Barbara Faillace, Mrs.

Madeleine Bowen, and Mrs. Marjorie Steever, Valida-

tion Officer, from Harrisburg.

Mr. Casper and Mr. Veloric wished to ceroaltiiione

term plans for Town Court as the corporation has

been authorized by Regional Health Planning to be-

gin new construction for the addition of sixty (60)

beds. The position was taken by the Department of

a ae

60a Opposing Affidavit of C. V. Campbell

Welfare that the immediate needs of Town Court

were a priority and demanded immediate correction

because patients health and welfare were jeopardized.

Jul 5 1974

Mr. Veloric and Mr. Thomas then requested that

one (1) week be granted to bring the facility into

compliance.

Therefore on June 3, 4, 5th, 1974, another survey

was done. Major deficiencies continued to exist in

Dietary, Nursing, Housekeeping, and Administration.

The Director of Nurses had resigned and Mrs. Carol

Fertig Leonard was Acting Director. She was un-

qualified to carry out the responsibilities of that posi-

tion. Staffing was deficient qualitatively and quanti-

tatively Improvement had been made in the chart-

ing of medications. Overall quality of nursing care

was unacceptable. It was noted that Mrs. Fertig

Leonard had written a nurses note stating that a

physician had pronounced death at 8:30 P.M. on

May 21, 1974. Time cards revealed that Mrs. Fertig

Leonard was not in the facility at that time. The

death certificate gave the date of death as May 21,

1974; the physician dated his signature on April 22,

1974.

Dietary services were grossly inadequate with food

in short supply, cold food, diet-errors, and therapeutic

diets not being served.

Observation of a fire drill revealed negligence on

the part of Mr. Thomas who did not seem aware of

how to conduct a fire drill. After five (5) minutes

he delegated this responsibility to Mrs. Moody, Ad-

ministrator. Surveyors posted on all floors noted that

Opposing Affidavit of C.V.Campbell 6la

there was absolutely no response at all to the an-

nounced drill on 2, 3, and 4th floors. Fifth (5) floor

personnel responded inappropriately. Documentation

of monthly fire drills was provided by Mr. Thomas.

In conclusion then, from April 2nd to June 5th,

1974, conditions at Town Court have not significantly

improved, and these conditions adversely affect the

health, welfare, and safety of patients.

It was noted at the time of the June survey that

construction of the new addition had begun.

MSB/jct

ATTACHMENT 4

DEPARTMENT OF HEALTH, EDUCATION AND

_ WELFARE

Region III

3535 Market Street

Philadelphia, Pennsylvania 19101

September 20, 1976

Office of the

Regional Director

Mailing Address

es P. O. Box 13170

Philadelphia,

Pennsylvania 19101

3133

Our Reference: OLTC (1) ew

Mr. Richard Zarin

Acting Director

62a Opposing Affidavit of C. V. Campbell

Division of Licensure and Certification

State Department of Health

Health and Welfare Building

Harrisburg, Pennsylvania 17120

Re: Town Court Skilled’ Nursing Facility

1526 Lombard Street

Philadelphia, Pennsylvania 19146

Medicare No. 39-5337

Medicaid No. 04-00357

Dear Mr. Zarin:

Our office received a request to investigate a com-

plaint of poor nursing/patient care and improper

billing procedures with respect to Medicare patients

at the above listed skilled nursing facility.

During the week of July 19 through the 23, 1976,

a federal team investigated the alleged complaint and

at the same time conducted a complete federal survey

of all the health conditions of participation governing

skilled nursing facilities.

The findings of the survey substantiate the allega-

tion of poor nursing/patient care. In reference to

billing procedures there appears to be some concern

and our office will request the Bureau of Health In-

surance Integrity Branch to conduct a complete in-

vestigation.

The Federal Survey findings are significant in that

the following conditions of participation are not met:

405.1122 Medical Direction

405.1124 Skilled Nursing Services

Opposing Affidavit of C. V. Campbell 63a

The Conditions of Participation for Physician Ser-

vices and Dietary Services are marginally met. In ad-

dition, the federal findings reveal that many stan-

dards and elements throughout the health standards

are not met. Moreover, a further investigation needs

to be undertaken with respect to medical care ren-

dered at this facility.

The results of the federal survey of July 19-23,

1976, compared with the state survey of April 14,

1976, indicates serious and significant differences be-

tween the two surveys. The state survey found all

conditions, standards and elements met. See the at-

tached federal survey narrative findings.

In accordance with Section 942 of the State Agency

Long Term Care Manual, you are requested to con-

duct a complete resurvey of the Town Court Skilled

Nursing Facility immediately. Forward a completely

documented survey report form and the appropriate

accompanying documents.

Sincerely yours,

(s) legible

Robert J. Taylor, Director

Office of Long Term Care

Standards Enforcement

Enclosure

SUBJECT:

Federal Survey Findings

Town Court Skilled Nursing Facility

1526 Lombard Street

Philadelphia, Pennsylvania 19146

64a Opposing Affidavit of C. V. Campbell

Medicare No. 39-5337

Medicaid No. 04-00357

Total Number of skilled beds certified—198

Federal Survey Performed

July 19 through the 23, 1976

Prepared by the Office of Long Term Care, Stan-

dards Enforcement, DHEW, Region III.

Narrative Findings

Standards and elements not met including the

standards and elements found not met under the Con-

ditions of Participation.

Medical Direction: Coordination of medical care

standard (a) F94, F95. There is no evidence that

the medical director is involved in the coordination

of medical care in the facility. The administrator

apparently has attempted to provide some coordina-

tion as evidenced by a physicians’ staff meeting dated

2/23/75 with four physicians attending and the

Medical Director not present. According to the ad-

ministrator, he initiated the meeting. A memo from

the administrator, dated 2/25/76, definitions were

established for common terms for patients’ condi-

tions such as good, fair, serious and critical, so that

when inquiries are made these terms could be used

by all; there was no evidence of approval by the

Medical Director. The Medical Director has not de-

veloped by-laws, regulations, or outlined the re-

sponsibilities of the attending physicians. There

were no policies/directives with respect to physician

services and the provision of services.

Standard (b) Responsibilities to the facility F98,

F99, The administrator and nursing staff assume the

Opposing Affidavit of C.V.Campbell 65a

responsibility for surveillance of the health status of

the facility’s employees.

With respect to incidents/accidents, there were 106

incident/accident reports reviewed by the Medical

Director, with the exception of nineteen. Accord-

ing to the records, the nineteen were dated from

6/7/76 to 7/21/76. The 106 incidents/accidents

occurred from the period January 1, 1976.

The situation described above indicates an im-

mediate need to reinforce policies, procedures and to

monitor staff and patients in order to provide a safe

environment for the patients. At the present time,

the facility is revising the incident/accident form and

the assistant director of nursing has implemented an

on-going study in reference to this problem.

In addition to the above, there is no evidence that

the administrator is given appropriate information to

help ensure a safe and sanitary environment for pa-

tients and personnel.

According to the records of meetings maintained

by the facility, the medical director attends the utiliza-

tion review and the patient care policy review meet-

ings. However, his attendance at the Pharmaceuti-

cal and infectiqa, Control Committee meetings raises

some concern.

The administrator indicates that the Pharmaceuti-

cal Committee meets monthly. The Federal Regula-

tions require at least quarterly meetings. The Medi-

cal Director did not attend the Pharmaceutical Com-

mittee meetings dated: June 1975, September 1975,

February 1976, March 1976, April 1976, May 1976

or June 1976.

66a Opposing Affidavit of C. V. Campbell

With respect to infection control, the administra-

tor stated that the committee meets quarterly; how-

ever, the policy of the facility outlines annual meet-

ings. The Medical Director was in attendance on

March 3rd and 3ist, 1976. There were no other

committee minutes.

Recommendation

The medical direction functions need to be imple-

mented immediately specifically with reference to co-

ordination of medical care rendered to patients, to

prevention of patient accidents, i.e., protection from

injury and to provide assurance for a safe and sani-

tary environment for patients and personnel. The

medical direction functions need to be fully coordi-

nated with all other service areas: Nursing, pharmacy,

infection control, dietary, specialized rehabilitation,

laboratory, etc. The medical director along with the

administrator need to review contracts with all the

participating hospitals that have entered into trans-

fer arrangements. Temple University, Graduate Hos-

pital, Center City Hospital. Careful policies and pro-

cedures must be developed in order to protect both

the patient and the facility as it pertains to providing

services to patients. There are gross omissions with

respect to information from the transferring facility

that have the potentia! for creating a hazardous situa-

tion as it pertains to patient care.

Standard (b) is not met. Deficiencies are noted

in F 107 and F 109. The following charts have

omissions with respect to this standard.

Chart No. 1394, Medicaid admission of June 19,

1976. Old CVA, dehydrated with right sided

Opposing Affidavit of C.V.Campbell 67a

paralysis. This patient has an extensive decubitus on

the sacrum and coccyx area that has deteriorated and

increased in size significantly since admission. The

patient is on 24 hours hypodermoclysis solution con-

taining Wydase (medication). Transfer information

as of July 23, 1976 has not been received by Town

Court. The patient was transferred from German-

town Hospital. Nursing staff members report only

a “piece of paper came with patient,” (they cannot

locate the information for the federal surveyor). The

only laboratory results is dated July 21, 1976 of the

results of the culture and sensitivity of laboratory

specimen from the decubitus ulcer—Proteus micro-

bilas. As of July 23, 1976, there is no history or

physical examination. There is a medical care plan

dated June 24, 1976. However, this contains only

diagnosis, discharge plans, etc.

Chart No. 1181 Medicaid admission September 12,

1975, The physical examination was dated Novem-

ber 15, 1975.

Chart No. 998 Medicaid admission. There was

no physical examination on the patient’s record ex-

cept one dated 10/24/74.

Chart No. 1160 Medicaid. CVA with hemiplegia.

The last physical examination was dated July 21,

1975. The laboratory report of February 13, 1976

showed RBC 3.47 (4.6N), Hb 9.9 (14-18), HCT

32.2 (40-54). There are no additional laboratory

reports.

Chart No. 1341 Medicaid. CVA with right

hemiparesis, pneumonia. The laboratory report dated

February 27, 1976, showed Hb 11.6 (14-18) RBC

4.30 (4.6).

68a Opposing Affidavit of C. V. Campbell

Chart No. 1077 Medicare admission of February

6, 1976. Old myocardial infarction—senile. The

last physical examination was dated February 7, 1975.

The laboratory report dated December 23, 1975—

RBC 3.80 (4.6-6.2) Hb 10.2 (14-18) HCT 30.9 (40-

54) no follow-up laboratory report.

Chart No. 1161 Admission July 17, 1975, Right

Hemiparesis—old craniostomy. Medication order of

June 17, 1976:

—Darvocet N 100 mgm q 6 hours prn for pain

— Diazide cap 1 daily

— Tylenol tab 11 g 6 hours

— P.O. Di 100 mgm t.i.d.

—- Haldol’S mgm B.i.d.

— Vitron C tab 1 daily

— Dalmane 30 mgm at HS prn

— Phenobarb 30 mgm in a.m. daily

— Phenobarb gr 1/2 h.s. prn.

— Surfax 240 mgm at h.s.

— Surbex tab 1 6 p.m. if oral medicines refused,

sparine 75 mgm, thorazine 50 mgm at HS.

On June 24, 1976, the physician’s progress report

read, patient is over-medicated. Heart shows tachy-

cardia, Lungs clear. Slight ankle edema. On 6/24/76,

the following medications were discontinued: Thora-

zine H.S., Haldol b.i.d., Phenobarb H.S. The labora-

tory findings not within the normal range lacked

follow-up reports. A review of the patient’s drug

regimen might have prevented over medication.

There were ten (10) patients ordered restraints

prn., three of these did not indicate the type of re-

straint to be applied.

Opposing Affidavit of C.V.Campbell 69a

Federal regulations require that the physician pre-

scribe a planned regimen of total patient care based

on a medical evaluation of the patient’s immediate

and long-term needs. The medical evaluation of the

patient is based on a physical examination done with-

in forty-eight hours of admission unless such exam-

ination was performed within five days prior to ad-

mission. In spite of the fact the facility’s physicians

are reviewing the patient every thirty days, there are

omissions as outlined in the charts reviewed and cross

referenced with the nursing services. Better coordi-

nation with physician services should be implemented.

Recommendations

The condition of participation in reference to

physician services is marginally met. Moreover, the

requirements under Medical Direction have a direct

relationship to the problems encountered under physi-

cian services.

The facility needs to implement immediately the

requirements outlined under medical direction. Closer

monitoring of physician services, accident prevention

and surveillance of employee health status needs to

be significantly improved.

Analysis of Nursing Care—See attachment

A full direct Federal survey was performed at the

Town Court Skilled Nursing Facility during the en-

tire week of July 19-23, 1976. The purpose of the

survey was to investigate a complaint in reference to

nursing and general patient care. Sixty-six (66) rec-

ords were reviewed in conjunction with direct obser-

vations and interviews with patients.. Twenty-seven

(27) of the Sixty-six (66) charts reviewed, and nurs-

ing observations made, raise concern with respect to

70a Opposing Affidavit of C. V. Campbell

some aspect of nursing/patient care. This represents

Forty (40) percent of the sample size of Sixty-six

(66).

Twenty-three (23) Medicaid—Four (4) Medi-

care (1.¢., the twenty-seven that have areas of

concern)

The direct Federal survey reveals the following in

reference to nursing and patient care:

Of the Twenty-seven (27) records reviewed, there

were six (6) incidents of patient falls, one patient

experienced two (2) falls (Chart No. 1272). This

patient fell on 1/6/76 at 3:30 P.M. (a gash on the

top head). This patient fell while going to the

bathroom. He was transferred to Presbyterian Hos-

pital and returned at 10:30 PM. On 7/20/76, at

twelve midnight, patient fell while getting out of bed.

Patient was semi-conscious at the time. Orange juice

was given. The Rescue Squad came and administered

IV 50cc of Dextrose. Patient responded at once.

(No record of vital signs indicated.) On 7/21/76,

at 4:30 AM vital signs T 98.6, P-76, -24 and B/P

140/70. A nursing note indicates patient did not

eat. The attending physician was notified. 10:30

A.M. physician’s note, “abrasions of head, forehead

and nose. Quiet respirations. Comfortable. Bed-

side blood sugar low.” One of the six incidents re-

sulted in a patient sustaining a fracture of the left

distal radius as noted by the referring physician at

Graduate Hospital on 7/15/76. The patient was .

transferred to Graduate Hospital because of bruising

and swelling of the left lower arm. (Chart No. 402.)

In addition to the above concern for patient safety,

the review of the Twenty-seven (27) records dis-

Opposing Affidavit of C.V. Campbell 71a

closes a pattern of a lack of (1) thoroughness in

charting pertinent observations, particularly with re-

spect to observation and healing status of decubitus

ulcers. The majority of nurses’ notes only indicate

if a treatment was done, more seriously observations

reveal that (2) nursing assistants are primarily re-

sponsible for the special treatments to decubitus, 1:€.,

cleaning, application of topical medications and for

foley catheter irrigations including the introduction

of medicated irrigating solutions and other special

treatments. One particular observation of an aide

reveals improper aseptic technique was employed in

doing the decubitus care and foley irrigation. More-

over, the aide did not follow the facility’s procedure

and informed the surveyor that she observed another

aide as opposed to receiving instructions and demon-

stration and supervision from the licensed nursing

staff. (See attachment), (3) In certain instances,

where it is appropriate, there are omissions in refer-

ence to total and types of food tolerated and con-

sumed by some of the diabetic patients and for the

one patient who has a large non-healing decubitus.

This patient is on IV hypodermoclysis with Wydase

added.

All of the above results in a pattern of poor nurs-

ing care as it relates to monitoring patients, prevent-

ing accidents, careful follow-through of nursing care,

lack of direct supervision of aides, assignment to aides

of procedures that should be pertormed by the li-

censed staff. This pattern of nursing care delivery,

particularly the concerns raised in the 27 records, has

a potential to jeopardize the health and safet of

patients.

7 7 ; oq)

aoe

¥:

72a Opposing Affidavit of C. V. Campbell

An additional occurrence of July 23, 1976 raises

further concern,*although the charge nurse indicated

that it was a very unusual situation. The laboratory

technician was late arriving to the floor to obtain the

Fasting Blood Sugars from approximately eight (8)

diabetic patients. The breakfast trays were on hold.

Hot foods, i.e., scrambled eggs and toast were luke-

warm to cold when Federal surveyor observed the

delay. These trays were not contained in warmers.

Patients finally started to receive trays between 9:15

and 9:30 A.M. The laboratory technician completed

her activitics at 10:10 A.M.

One patient complained later she did not receive

a tray.

Based on the above (See narrative attachment)

standard (c) of 405.1124 is not met. It is the pat-

tern of nursing care observed as revealed in the 27

records that renders the condition of Participation

405.1124 not met.

Patient Identification No.

1. No.402—Medicaid

Admission 5/2/72

Primary Diagnosis: left fracture—neck of left

femur (?) ASHD

Current physical dated 11/9/75

On initial day of survey, Federal surveyor ob-

served an elderly female neatly dressed in a colorful

nightgown lying in bed. The patient’s left lower arm

was bruised and an ace bandage was applied: The

left hand was swollen. The patient’s arm rested to

the side There was no suport, i., a sling. The

charge nurse iidicated the swelling was essentially as

it had been on previous days. She indicated the

Opposing Affidavit of C.V.Campoell 73a

patient received special soaks and would be followed

at Graduate Hospital. On 7/20/76, another Fed-

eral Surveyor observed swelling of the patient’s left

hand. The 3-11 supervisor visited the patient. Jndi-

cated the ace bandage was tight. The physician’s

note of the day also indicated ace bandage was tight.

The evening supervisor indicated ace bandage would

be adjusted and a sling applied. Next A.M. (ap-

proximately 9 A.M.), Federal surveyor saw patient.

Patient indicated she bathed self with assistance from

the aide, this A.M. Stated she did not eat breakfast,

only orange juice. Her complaint was, toast is al-

ways a little burnt. Charge nurse observed ace band-

age, still applied incorrectly, no splint applied. Aide

assigned to soaks. Federal surveyor observed aide

and interviewed her in reference to the treatment.

The patient indicated aide was doing a good job.

Patient was out of bed. On return to facility, at ap-

proximately 1:40 P.M., Federal surveyor notified that

the patient expired suddenly. The physician indi-

cated as an immediate cause of death, “myocardial

failure (heart failure) 5-10 minutes and arterioscler-

osis 2-3 years.” He also ordered an autopsy. The

evening supervisor informed the Federal surveyor

that an autopsy is not performed when natural cause

of death is listed. The attending physician was not

available: however, a message was given regarding

this.

Review of record.reveals the following:

7/11/76 ae

Patient’s left hand is edematous. Physician’s an-

swering service called. Physician ordered hand soaks

in Epson solution.

74a Opposing Affidavit of C. V. Campbell

7/11/76

Verbal order taken by RN and signed by the physi-

cian. Soak left hand in 2 tsp. of Epsom salts to one

pint of water three times a day. Keep hand elevated.

7/12/76—Physician’s note:

“Patient presumably fell one week ago and injured

left hand, no tenderness—no chills—fever. Soaks

ordered” (NOTE: some words in this notation can-

not be discerned by the Federal surveyor) .

7/12/76—Nurse’s note:

7-3 shift, left hand swollen, soaks to left hand done,

visited by physician.

3-11 shift, left (hand) soaked, as ordered, with

normal saline solution. (On 7/12/76, physician or-

dered normal saline solution soaks.)

7/13/76

7-3 shift, left hand still swollen, soaks, hand ele-

vated in sling.

7/15/76—Physician’s note:

Hand swollen, but less. Sling ordered. Burrow’s

solution.

7/15/76—4:30 P.M. Nurse’s note:

Message left at relative to inform them of fracture.

3-11 Patient returned from Graduate Hospital

7/15/76 written on prescription sheets. Not signed

by referring physician. Physician’s name was con-

tained in content of order, i.e., in reference to who

to notify if there are problems.

7/15/76—Nurse’s note:

“Patient transferred to Graduate Hospital via

cabulance at 3:15 P.M. Returned at 5:25 P.M. No

apparent distress.”

Opposing Affidavit of C.V.Campbell 75a

Prescription sheets (2) state:

(1) distal radius fracture non-displaced

(1) encourage finger motion

(2) Check neuro vascular status regularly left

hand

(3) remove ace bandage daily to care for skin on

dorsum of forearm

(4) call Dr. Kimbin? if any questions

(5) to be seen in 2 weeks

7 /16/76—Nurse’s note:

“Patient’s arm still swollen, denies pain. Bruising

throughout forearm to the elbow. Encouraged to

move fingers. Ace bandage removed and rewrapped.

Patient’s fingers checked, feels pain, color good, warm

to touch, nail beds, appears normal,” etc.

Treatment to lower left arm not recorded by Nurs-

ing Service on 7/16/76

7 /18/76—Physician’s order:

Sling to left hand

x-ray, D/C Saline soaks

Use Burrow’s solution

7/20/76—Physician’s note:

“Splint seems to suffice . . . swelling—wrist, ace

bandage too tight”

7 /20/76—Nurse’s note:

Patient’s arm swollen, (better) no complaint of

pain.

7/21/76

Federal surveyor saw patient in A.M. Wrist

swollen but less than 7/20/76. As noted in after-

noon, ace bandage not applied correctly. House

supervisor removed and asked aide to bathe and apply

76a Opposing Affidavit of C. V. Campbell

treatment. Federal surveyor briefly observed patient

receiving treatments this morning.

7/21/76—No time listed—Nurse’s note:

Patient found lying down—unresponsive VS P(0),

R(0),B/P (0), Temp. 94, Dr. notified

7/21/76—1:30 P.M. Physician’s note:

Patient expired 1:30 P.M.

Autopsy ordered

Death Certificate signed

Immediate cause of death Myocardial failure 5-10

min.

Arteriosclerosis 2-3 years’

Federal surveyor notified by 3-11 supervisor that

State does not perform an autopsy when natural

causes are given for death.

Incident form dated 6/24/76

The appropriate blocks in reference to notification

of physician not checked. Vital signs, 98T, P-70, R-

no record. Description of incident, laceration on

arm, 2nd bruised spot on left knee. Treatment, ice

pack given; placed on left knee and left arm, dressing

after cleansing with hydrogen peroxide. Question

on form: How to prevent accident. Response from

aide: “We cannot because patients are subject to

falls,” signed by floor nurse and Director of Nursing,

not by Medical Director.

2. No. 13 17—Medicaid

Admission 2/13/76

Chief Complaint—Chronic UTI

Primary Diagnosis: CVA, Chronic Brain Syndrone

* Poor mouth care

* Good care plan

Opposing Affidavit of C. V. Campbell 77a

3. No. 1408—Medicaid

Admission 7/15/76

Chief Complaint—Recurrent GI bleeding, lower

abdominal cramps, severe anemia

Physician’s note: Severe anemia 2° GI bleeding

aggravating a known refractory anemia due to bone

marrow failure. H & H stabilized at 8-9.

7/20/76—Nurse’s note: . . . “Patient sustained fall

to the floor, no evidence physician notified

Lab results 7/20/76

RBC 3.37 L

Hg 9.7 L

Het 29.5 L

Doctor notified of results 7/22/76”

In bed when Federal surveyor went with charge

nurse to observe patient.

Good Care Plan

4. No. 1064—Medicaid

Admission 1/7/74

Note 7/15—Patient fell from wheelchair, T 98, P-

60, R. 18, B/P 130/70. Supervisor notified. No

documentation in reference to notifying physician.

5. No. 1352—Medicaid

Referred from home

Date of Admission 3/24/76

Diagnosis: Diabetes, CVA

Review Lab results:

7/3/76 Glucose 82

4/9/76 Glucose 63

7/16/76 Glucose 170 High

On a 1500 ADA diet

=

re aeipes

78a Opposing Affidavit of C. V. Campbell

There are notations in reference to feeding and

assisting with meals, no description of diet tolerance

or consumption. -

6. No. 1135—Medicaid

Admitted 5/20/75

Admission physical examination 11/5/75

Diagnosis: Diabetes Mellitus

Nurse’s notes reveal:

6/8/76

Patient took milk and crackers—urine negative

with trace of acetone, still feels weak—encouraged to

take fluids.

6/8/76 patient feeling much better, ate entire

serving of diet supper, would like to have soup at

supper, notation for dietitian.

6/8/76—4:30 P.M. insulin held because of com-

plaint of weakness and dizziness.

6/26/76—1600 ADA 1/5, 2/5 including 3 P.M:

snack, 2/5 including hs snack

6/30/76—Complaint of weak and dizzy. Patient

got up from chair, attempted to get to bed, slipped

and fell to floor.. No visible injuries. No complaint

of pain. Vital signs B/P 180/90, T-98, P-76, R-20

awaiting for physician to return call.

9:20 P.M. telephone call from physician, stop all

medication, will see patient tomorrow.

No apparent distress.

7/1/76—Patient weak, dizzy

Doctor examined patient, to remain in bed today,

all meals stopped.

Opposing Affidavit of C. V. Campbell 79a

7/1/76—Patient lethargic and pale, B/P 160/80-

80-20

Doctor notified. Additional insulin dosage given.

7/5/76—FBS 156, physician notified

7/8/76—insulin changed per assessment and visit

by physician.

7/12/76—physician notified of increase in Blood

sugar, insulin increased by physician.

7/19/76—FBS 152

7/21/76—insulin reaction noted, VS 166/120-98-

20 OJ and sugar P.O. time not noted by: licensed

nurse

7/21/76—3-11

“Patient appears drowzy, lying in bed most of shift.

Ate good dinner. Statement of patient (patient feels

better) insulin given by supervisor this evening.”

Chromology of Lab studies: —

6/25/76 Fasting Glucose 162

7/ 2/76 Fasting Glucose 156

7/ 9/76 Fasting Glucose 204

7/16/76 Fasting Glucose 152

No Registered Dietitian’s notation on chart in

reference to diet tolerance or consumption or if any

problems discerned.

Patient apparently unstable with respect to Diabe-

tes.

‘On Patient Care Plan there is a notation in refer-

ence to nursing approach to Diabetes.

“Patient to give own insulin—reinforce technique

in class.”

There is no current physician’s order regarding this

although there was an update of plan, July 2, 1976.

al

-

80a Opposing Affidavit of C. V. Campbell

7. No. 952 Type 2

Admission 5/20/75

Current Hx and physical examination 5/21/76

From current information: Diagnosis: Bilateral

A/K amputation, Glaucoma, Diabetes Millitus

* Nurse’s note:

7/16/76 by RN “Patient has not had an eye ex-

amination 2 years. Federal surveyor questioned nurse

regarding this.

Eye appointment has been scheduled for August

- 13, 1976.

8. No. 1402 Medicaid

Admission 6/20/76

Diagnosis: Congestive heart failure

Diabetes

Has decubitus on admission

Location: Left hip, 1 cm in diameter—approxi-

mately inch, healing.

Aides responsible for treatment to the decubitus

and left stump area.

Treatment to decubitus: Paint on left hip with

3% mercurochrome, allow to dry. Apply BFI pow-

der bid.

Aide applying topical medications. Indicated she

received no instruction with respect to treatment.

Aide used H:O: solution used for other patients.

Poor technique, held bottle opening close to decubitus

while pouring solution to clean skin area. nt

When aide turned patient, sheets very ruffled,

crumbs in bed, spoon under patient, coffee cup dirty

with deep staining. Aide indicates she usually checks

Opposing Affidavit of C.V.Campbell 81a

cups before serving, but forgot this one. Indicates

kitchen sends cups up like this one frequently.

On physician’s order sheet there is an order be-

tween dates of 7/7/76 and an order of 7/21/76 for

weekly FBS unless otherwise ordered. 7/2/76 FBS

140 high. There are no other FBS results on record.

There is an R.D. notation 7/20/76—1500 cal.

ADA pureed diet, must be fed, appetite fair.

9. No. 1394—Medicaid

Admission 6/19/76 from Germantown Hospital.

No transfer information received.

Admission note by LGPN 6/19/76—‘Received

patient this PM from Germantown Hospital via

ambulance. Dehydrated OLD CVA with right pa-

ralysis, vital signs taken.

Decubitus on Sacrum/Coccyx, left heel.

House supervision indicates decubitus twice size

since admission. A heel cushion is applied.

Description of Decubitus on Sacrum/Coccyx low

spine.

Approximately 2 inches in diameter and 1% inch

deep. No signs of healing, outside tissue red, inside

decubitus tissue has grayish/whitish appearance.

Result of recent C & S of decubitus Lab report

verbal, 7/21/76. Proteus Mirobilas S-Senitive Kana-

mycin and Ampicillin. Physician ordered Ampicillin

500 mg. q 60. vr

There is no complete Hx, PE on record. The only

lab report is the above listed report of 7/21/76, it

was ordered 7/17/76. Patient previously on Keflin

1.5 gm. Im q 60 as of 7/17/76. I/O is recorded

82a Opposing Affidavit of C. V. Campbell

and food consumption is described in terms, appetite

fair. Nothing recorded by RD about diet intake as

it pertains to protein consumption. Nothing recorded

in reference to type of foods consumed. Nurse’s

notes do not contain a good description of status and

degree of deterioration of the decubitus. The decu-

bitus is not healing. Patient receives over 24 hour

daily hypodermocylsis solution. Federal surveyor

observed the aide perform the treatment for this A.M.

‘Decubitus care applying topical medications, and

the Foley catheter irrigation, consists of Neosporin

Solution. Aide indicated no licensed staff demon-

strated treatment, that she observed another aide.

Poor technique observed, especially with respect to

prevention of cross contamination. Aide used thin

plastic glove, cleaning feces continuously, changed to’

do care to decubitus; however, aide proceeded to

irrigate foley with same gloves after decubitus care.

(See attached.) Technique not in accordance with

facility’s policy/procedure.

Federal surveyor suggested she wash hands, aide

complied with request, poor technique in reference to

Foley irrigation as it relates to promoting asepsis.

Tube draped over thigh, thus not effecting good

gravity for return of irrigating solution. Using. medi-

cated solution to irrigate Foley, Neosporin.

No assessment by RD since admission Hypo der-

mocylsis: 2.5% in ¥% PSS with 150u Wydase. On

a soft to bland as tolerated.

* Cardex diagnosis bladder infection listed—Fed-

eral surveyor cannot discern this in physician’s nota-

tion.

Opposing Affidavit of C. V. Campbell 83a

Nothing in Care Plan in reference to problems and

approaches to decubitus care. Statement on Nurse's

notes indicate only decubitus care as ordered.

Additional notes:

7/11/76—Nurse’s notes:

9:15 P.M. Patient perspiring freely, pain where

hypodermocylsis inserted, vital signs; T-102(R), P-

100, R-36, B/P 118/60

10:00 P.M., T-103(R) 10:55 P.M. physician re-

turned call.

Tylenol gr x q.i.d. ordered.

7/12/76—Visited by physician in A.M.

7/17/76—Physician’s note:

“Sacral decubitus is quit large and odorous.

Irrigate decubitus with clorox solution, diluted 1

pint to 9 pints water tid. Keflin 1.5 gm q 60 IM re-

store hypodermoclysis to thigh, add wydase amp. to

each IV.” a

Nurse’s notes do not reflect description of urinary

irrigations. Federal surveyor cannot discern any C

& S on a urine specimen.

See attached in reference to Foley irrigation proce-

dure.

10. No. 1183—Mediciad

Admission 9/12/75

Diagnosis: Benign Prostatic with Hypertrophy

Bladder Calculus

C.C. Incontinence

Has Foley catheter

Teeth on P & E very poor condition, mostly gone,

few remaining—bad condition.

* No additional dental follow-up

a5e*" x

NES

Ss

84a Opposing Affidavit of C. V. Campbell

During week 7/19-7/23/76, patient having prob-

lem with catheter.

. Physician in and changed catheter, and placed pa-

tient on I/O during afternoon of 7/22/76. Charge

nurse for day initiated order; however, it was not

implemented.

Federal surveyor brought order to attention of

charge nurse on 7/23/76 at 10:30 A.M: She imme-

diately checked the situation and .mplemented order

written by physician, approximately 18 hours after.

* There is nothing on Patient Care’ Plan in refer-

ence to urinary problems.

* There is a physician’s order for Valium 10 mg

IM prn, | hour prior to obtaining blood for lab work

Transcription omits route of administration, i.e., IM

11. 1181—Medicaid

Diagnosis: Diabetes Mellitus, anemia,

Paranoid Schizophrenia

Admission 9/12/75

; Physicial examination not done 48 hours of admis-

sion or within 5 days previous to admission. P & E

performed 11/15/75.

' Omission in transcribing a medication order:

Thorazine concentrate 30 mg. PO bid

“i Sparine 50 mg. if refuses Thorazine

Sparine 50 mg. IM q 120 prn

12. No. 1272—Medicaid

Admission 11/19/75

Diagnosis: Obstructive Emphyzema, ASHD

? diabetes, pyelitis

Opposing Affidavit of C. V. Campbell 85a -

Federal surveyor observed a very thin W/M lying

in bed. Very weak during tour of survey.

Several accidents have occurred:

7/5/76—3:30 P.M.

“Fell while going to bathroom with gnash on top

of head.

Condition of patient lethargic. Medical Director

called.

Patient sent to Presbyterian Hospital and returned

at 10:30 P.M. that evening.”

7/20/76—During 11-7 shift:

12 P.M. “Patient was apparently getting out of

bed, had accidentally lost his balance and fell down

with his face down to the floor. Was semi-conscious

at that time. OJ given. Rescue squad came and

administered IV 50cc of Dextrose. Patient responded

at once.” (No report of vital signs)

7/21/76—7:30 A.M.

VS; T-98.6, P-76, R-24, B/P 140/70

Alert and cooperative

No signs of difficulty this A.M.

Skin warm and dry, color good

Denies pain or discomfort, confused.

Two inch laceration scalp—closed

Bruise—forehead

Took a small glass of orange juice

Dr. Hand notified

10:30 A.M.—Physician’s note:

Abrasion of head, forehead, nose

Quiet respiration, comfortable,

Bed side sugar low

Note last FBS dd 3/18/76 (88)

86a Opposing Affidavit of C. V. Campbell

11:30 P.M.—Same day, nurse’s note:

Charge nurse suspects hypoglycemic reaction. Dr.

Hand notified. RD has not been in to assess patient.

13. No. 1327—Medicaid °

Admission 2/19/76

Diagnosis—CVA, Aphasia

Per physician’s note 2/19/76 “patient quite debil-

itated, will start on physical therapy. Decubitus RT

hip, left hip and left buttock. Not ascertained if

decubitus were present on admission. S

Physician was informed by nursing that decubitus

not healing. C & S ordered. RT hip. No report as

yet. .

Ordered 7/20/76.

Physician’s note of 7/19/76:

“Called to see patient because of non-healing of

decubitus, physical shows decubitus not as clean as

it should be, cultures taken, and *nursing instructed

about the cleaning of decubitus.

From 7/11/76-7/19/76, there is no accurate nurs-

ing description of status of this decubitus. Aide ap-

plying treatment—ointment. Right hip decubitus—

diameter of a “25 cent piece” Left hip—approxi-

mately 1 inch in diameter—skin breakdown. Aide

assigned to decubitus care.

Patient on 1/O—chart—Doctor’s order 1500 to

2000 cc/d omitted on 7-3 shift.

Care Plan needs update—contains notation has a

foley—patient does not have a foley catheter. Pa-

tient receives PT,

Nurse’s notes omit any notation re ROM exercises.

Opposing Affidavit of C. V. Campbell 87a

Foley during initial time of admission—April, May,

1976—

Federal surveyor could discern no order.

14. Chart No. 1322—Medicaid

* Federal surveyor spoke with patient on 7/ 20/76.

He shared fact he fell out of bed, sustained a large

black and blue bruise on back, approximately 3

inches in diameter, size of large grapefruit. Federal

surveyor brought this to the attention of 3-11 charge

nurse. She°observed it immediately, indicated pa-

tient fell on 7/19/76, but he did not tell anyone.

Federal surveyor feels this should be detected dur-

ing routine back care of this patient. k

Physician to the patient 7/23/76. Physician had

been in to see patient on 7/21/76 and patient did

not inform him.

* Physician ordered Elixir Terpin Hydrate drams

1 q 3 hours with codeine 7/21/76. Not transcribed

by charge nurse on day tour.

Federal surveyor shared this with charge nurse on

evening.

Order noted immediately.

15. No. 1388—Medicare

Admission 5/28/76

Diagnosis: Parkinson’s Disease involving left ex-

tremity

eview of physical therapy notes reveals services

ae 6/22/16, 6/24/76, 6/25/76, 7/1/76,

7/6/76,. 7/6/76, 7/7/76, 7/12/76, 7/15/76,

7/20/76, 7/21/76.

Patient evaluation conducted 6/3/76.

“a

88a Opposing Affidavit of C. V. Campbell

No discrete progress notes recorded from 6/22-

7/21/76. Only date and RPT signature. Nurse’s

notes do not reflect any ROM exercises in conjunc-

tion with physical therapy.

16. No. 983—Medicaid

Current physician orders indicate PT and ST, no ST

is given.

Diagnosis: CVA, Anemia

A recap of orders done by licensed nursing staff and

physician signed “July recap.”

RPT notes 5/20/76, 7/9/76, 7//13/76, 7/20/76

contain date and signature, no status report.

17. Chart No. 11—Medicaid

Admission 9/7/72

4/1/76 current P & E & Hx

Diagnosis: ASHD, renal insufficiency

Dental

Physician has indicated lower loose tooth, poor

teeth condition, no dental follow-up. Patient has de-

cubitus—developed while in nursing home.

5 /20/76—Physician’s note:

Called by nurse about decubitus getting worse, de-

brided and dressed.

7/1/76—Progress note by physician:

Decubitus healing.

* Decubitus 14 inch deep—buttock area. Paiient

on B/B training. No nurses note re status. Decubitus

care rendered by aide.

18. No. 1343—Medicare

Admission 2/29/76

Referred from Graduate Hospital

Opposing Affidavit of C.V.Campbell 89a

Adm P & E & Hx dated 3/1/76

* Physician Services

Federal regulations require this to be done within

48 hours of admission or within 5 days of admission

from referring source.

2/19/76—Nurse’s note admission:

‘Patient admitted via stretcher from Graduate Hos-

pitel’at 3:00 P.M. Foley draining well. Vital signs

taken and noted.

No transfer information

CC Poor appetite

Neoplasm of head of Pancreas, MS

No decubitus on admission

Decubitus noted 5/25/76—-size of dime—reddened

area. Appears to be healing. There is no reference to

Hepatitis—No evidence special precaution. This may

be chronic due to diagnosis of CA of Pancreas?

On high protein and cheese

Patient has not been eating weil—only RD note

found—7/23/76 | “ :

New dietitian has been hired. She visited patient

this date.

19. Chart No. 122—Medicaid

Admission 6/2/70

5/1/75—current Hx and P & E due for 76 annual

P&E

Diagnosis—post fracture—shoulder ofhip ;

* 7/21/76

_.. “fell on floor, 9:45 P.M. Patient found lying on

floor on back. Physician not in to see patient. Li-

censed nurse gave Valium 2 mg.

90a Opposing Affidavit of C. V. Campbell

There is an order for this—Federal surveyor cannot

discern physician’s input after fall.

On 7/23/76

Approximately 8 diabetic patient’s had hold trays.

Many on insulin, which was also held.

Several patients complaining.

Lab work completed approximately 10:10 A.M.

Lab Technician started approximately 9:40 A.M.

All trays were cold—scrambled eggs, toast, coffee—

one patient indicated that she never received tray—

this was some time past 10:10 A.M.

* Federal surveyor observed no proportionate dif-

ference between 1500 and 1800 diabetic diets for

breakfast meal. Same amount of juice, milk, bread.

Nursing

No. 998 Medicaid—On 7/1/76, physician ordered

force fluids.

No evidence of fluids being forced except for a no-

tation 7/4/76 by the night nurse which stated fluid

forced. There was no indication of the amount.

* This patient was also sent to HMCH by mistake,

the note from HMCH, dated 7/8/76, so indicated.

No. 1360 3/31/76 Medicaid—CVA right side

Hemiplegia. This patient was observed with mittens

on both hands, had poor posture, restrained, and in

need of mouth care.

No. 1160 Medicaid 7/75—CVA—Hemiplegia.

On the day patient observed, generally not neat and

in need of shaving, skin dry, badly in need of mouth

care.

No. 1405—7/8/76—-ASHD Diabetic—1200 cal

Req—Decubiti observed on adm. The nurses notes

\

Opposing Affidavit of C.V.Campbell 9la

did not adequately describe decubitus areas. Areas

on both heels necrotic.

No. 1341 Medicaid—-CVA right Hemiparesis

On 7/17/76, intake and output ordered and fluids

to 1500 cc/day—no evidence of this order being car-

ried out. The patient also had foul breath odor

No. 857—Medicaid—Osteoarthritis of hands.

This patient had an order to force fluids, there was

no record of intake.

No. 1096—Medicaid—3/12/75—Abdominal Aor-

tic Anuresym

ASCVD order to be weighed daily, not recorded.

No. 1019 Medicaid 10/2/74—CVA c right Hemi-

paresis Epilepsy.

Treatment shows Foley irrigated weekly. There was

no order for this treatment. Elase to Decubitus, no re-

corded nursing observation of decubitus.

General observations:

Nursing Care Plan did not reflect accurately patient

needs. Revisions were not made as needed.

More registered nurse supervision is needed for em-

ployees providing care to patients on the third floor.

Once restraints are applied, there is no evidence of

monitoring restraints. There were no observations re-

corded « patients restrained except the notation that

the patient was restrained.

Attachment in reference to No. 1394

Foley irrigation procedure

Foley irrigation

Contents

Plastic Drainage Tray

Plastic Graduate

+ os

92a Opposing Affidavit of C. V. Campbell

Plastic Bulb Irrigating

Syrene 50 cc

Cotton Gauze 4” x 4”

Plastic Coated Towel

Graduate Cover

Syringe Tip Protector (omitted from procedure)

Procedure

1. Snap bag open and remove tray.

2. Position patient and place plastic bag on bed to

be used as a waste receptable.

Patient not positioned correctly to effect drainage

solution flow by gravity. Patient on left side, foley

tubing draped over thigh.

3. Remove tray cover, either by sliding tray out of

sleeve, or tearing sleeve at iear spot, depending on

technique. Place plastic backed paper towel, absor-

bent side up, under patient.

4. Grasp outside graduate w/lid, containing

syringe, remove and stand graduate upright to main-

tain sterility of inner surfaces. Remove syringe and

place in tray to protect sterility. Prepare irrigating

solution/MD’s order—Solution already prepared—

Neosporin Solution—Medication—

Irrigation by aide

5. Remove syringe protector and place on drain-

age tube connection to maintain tube’sterility during

procedure, before proceeding with procedure.

Not done, no tip protector, tubing end placed on

sheet.

Afde proceeded to go from decubitus care to cath-

eter irrigation. Federal surveyor suggested that she

wash hands before proceeding with procedure.

Opposing Affidavit of C.V.Campbell 93a

6. Place syringe in solution and slowly depress

bulb then release, to fill syringe. Proceed with irri-

gation, observe aseptic technique, collect irrigation,

observe aseptic technique, etc. |

Record findings in nurse’s notes. Aide did pro-

cedure, only initialed a special Rx sheet.

Standards, elements not met under nursing

Standard (b) Charge nurse. Elements 130 and 132

are not met.

The administrator, on occasion, has assigned the

Director of Nursing as charge nurse.

Federal regulations require that the charge nurse is

to be designated by the director of nursing services for

each tour of duty. Moreover, the director of nursing

cannot serve as a charge nurse in a facility with an

average daily total occupancy of 60 or more patients.

Standard (c) Twenty-four hour nursing service is

not met. Elements F 135, 136, 137 have deficiencies.

(See the narrative report)

Standard (d) Patient Care Plan is not met.

Thirty-two (plus) care plans were reviewed. Fif-

teen of the care plans lacked some items that are re-

quired by Federal regulations. The majority did not

indicate the coordination of other services, i.e., dietary,

physical therapy. The majority of care plans contained

only the nursing aspect of care. In a few instances,

care plans were not completely in accordance with

physician orders. The revisions did not indicate

changes in patient status. Omissions were observed in

the care plans of following chart numbers: No. 1402,

1064, 402, 1135, 952, 1394, 1183, 1272, 1327, 1388,

122, 1398, 115°, 1414, 1406. (Care plans of patients

on the fifth floor at Town Court.) In addition, the

4

94a Opposing Affidavit of C. V. Campbell

general observation with respect to care plans on the

fourth floor reveals nursing care plans did not reflect

accurately patient needs. Revisions were not made as

needed.

Standard (e) Rehabilitative nursing care is not met.

Deficiencies are noted in the following areas: Docu-

mentation is inadequate with respect to ROM exer-

cises performed by nursing as an extension of physical

therapy. In some instances, there is no documentation

with respect to patient progress in progressing in ac-

tivities of daily living. There are references to bowel

and bladder training.

Standard ({) Supervision of patient nutrition is not

met,

In reference to the diabetics and in other special in-

stances, nursing does not record adequate type of

foods consumed and notification to dietary with re-

spect to problems. The RD started documenting on

patients’ records on 7/20/76. Previous to this, the

Federal team could not observe dietary input. A new

dietitian was hired 7/23/76, thus some of the dietary

concerns may be resolved. On one record, the phy-

sician ordered an Intake and Output; however, the

charge nurse had riot transcribed the order until re-

ported by the Federal surveyor the next day. This was

uncovered by review of the patient’s chart. (Cross

reference with dietary services deficiency list.)

Element (F 190) under Standard (h) Conformance

with physicians’ drug orders. In certain instances,

medication orders were not transcribed correctly or

promptly. (See the nursing narrative.)

Element (F 206) under Standard (i) Storage of

drugs and biologicals.

Opposing Affidavit of C.V.Campbell 95a

The emergency drug box is not kept readily avail-

able. It is located in a locked closet on the second

floor exit stairwell. The supervisor on duty is to be

called if the emergency box is needed. The June 29,

1976 pharmacy report indicates separate emergency

drug boxes are to be housed and accessible on each

unit. “As of July 23, 1976, this had not been done. The

Director of Nursing informed the surveyor that this

would be completed during the week of July 26th.

The deficiency is cited to insure appropriate follow-up.

Opposing Affidavit of C.V. Campbell

96a

naan 24

Census 194 . .

Staffing, Nursing Hours Per Patient Per

Twenty-four Hours :

rk Week Begins Thurs. . ee

Ends Wed. ‘

Nursing No. of No. of 2

Hours/Patient/ Nursing Hours Asst.

Date Per 24 hours | Personnel | Per Day DON DON

1, 1976 (Thurs) 2.14 52 416 not included | included

2, 1976 (Pri) 2.18 53 424 not included | off

3, 1976 (Sat) 2.14 52 416 not included | off

4, 1976 (Sun) 2.18 53 424 off included

5, 1976 (Mon) 2.22 ~.54 432 off serves as DO?

not included

6, 1976 (Tues) 2.18 53 424 not included | included

7, 1976 (Wed) 2.35 S57 456 not included | included

8, 1976 | (Thurs) 2.26 55 440 not included |not included

9, 1976 (Fri) 2.30 56 448 not included |not included

10, 1976} (Sat) 2.18 53 424 off off

ll, 1976] (Sun) 2.22 54 432 not included icff

12, 1976} (Mon) 2.35 57 456 not included |not included |

13, 1976) (Tues) 2.14 52 416 off F132 deficier

included

charge on C-2

14, 1976] (Wed) 2.39 58 464 oft : Re

|

|

15, 1976] Thurs) 2.35 57 456 not included |included

16, 1976] (Fri) 2.38 59 472 not included [not included

17, 1976; (Sat) 2.47 60 480 off off

18, 1976} (Sun) 2.38 59 472 off « off

included

19, 1976; (Mon) 2.58 64 502 DON charge on/states she is

2 F132 DON today?

deficiency

y 20, 1976] (Tues) 2.88 65 560 not included jnot includea

21, 1976| (Wed) 2.88 65 560 not included jnot included

98

Opposing Affidavit of C.V.Campbell 97a

Recommendation—Nursing Services

1. Licensed nursing staff be assigned to the special

treatments, i.e., decubitus care that require topical

medications, foley catheter irrigations, other special

treatments.

2. Licensed nursing staff need to improve in de-

scribing the status, i.e., healing or deterioration of a

decubitus ulcer and not just a recording that a treat-

ment is done. On the majority of instances, on the day

tour, the aides performed these special treatments.

3. Licensed nursing staff need to closely supervise

aides to ensure proper care. This can be accomplished

- via direct supervision and increasing rounds on cer-

tain patients.

4. The facility should conduct a study in reference

to care of decubitus and prevention of decubitus.

The following is noted:

The administrator is attempting to address the prob-

lems in nursing. This is demonstrated in his hiring of

a new director of nursing and assistant director of

nursing, February, 1976. The facility is attempting

to recruit more licensed staff. The director of nursing

indicates there are eight (8) licensed staff vacancies:

2 RN’s and 6 LGPN’s. The administrator has initialed

the following:

Daily schedule of rounds:

Administrator/Direcior of Nursing—3rd floor

11 A.M. Mon.

Administrator/Director of Nursing—2nd floor

1 P.M. Tues. |

Administrator/Assistant Director of Nursing—5th

floor—2 P.M. Wed.

98a Opposing Affidavit of C. V. Campbell

Administrator/Assistant Director of Nursing—4th

floor—10 A.M. Thurs.

The facility has combined the recording of phy-

sician and nursing progress notes.

On March 19, 1976, a notation was made by the

Administrator, ‘“‘to date, there has been a poor amount

of follow-through in providing quality nursing care.

To be remedied today. Each of you (referring to the

Director of Nursing and Assistant Director of

Nursing) are expected to check each chart each week

on your respective floors to ensure accuracy, complete-

ness and that physician’s orders are carried out.”

Four months have passed and in the review of the 27

records, the problem of a “poor amount of follow-

through” continues. Particularly in those areas out-

lined in the proceeding paragraphs.

In addition, the Federal surveyor learned through

an interview with the Director of Nursing that both,

she and the Assistant Director of Nursing, report to

the administrator. This may create a problem in cen-

tral decision making in nursing. The facility should

review this and clearly appoint a Nursing Director

who has central authority.

This interview reveals that the administrator, on

occasion, has assigned the Director of Nursing to be

charge nurse on Floor C-2. Under the requirement for

charge nurse, F130 states in part: “...a registered

nurse, or a qualified licensed practical nurse (voca-

tional) nurse, is designated as charge nurse by the

Director of Nursing Services for each tour of duty.

The Assistant Director of Nursing would be more ap-

propriate to designate if the additional nurse were

Opposing Affidavit of C.V.Campbell 99a

needed. In addition, Federal regulations require that

the Director of Nursing does not serve as a charge

nurse in a facility with an average daily total occu-

pancy of 60 or more patients.

One of the surveyors provided some possible insight

regarding this. The Administrator is-evaluating the

current Director of Nursing as it pertains to her per-

formance as the Director of Nursing. This can be ac-

complished without ei her current responsi-

bilities, i.e., not assigningCharge nurse responsibilities.

Note, the Director of Nursing was assigned charge.

nurse on C-2, the initial day of the survey.

The facility had the Registered Dietitian review pa-

tients in reference to dietary. On 7/20/76, notations

were made. Federal surveyor could not discern any

previous notes on the current records. On 7/23/76, a

newly aired dietitian was observed making rounds.

The Administrator asked Federal surveyor for refer-

ence concerning nursing audits.

Dietary Services 405.1125

Standard (a) Staffing is not met.

Deficiences are noted in F210, F211 and F213. The

survey reveals that although the facility has contracts

with two ADA’s the frequency, of visits is not enough

for this facility. Moreover, considering the size of the

facility and the type of diets required, increased di-

etary personnel is necessary.

Please note that Federal surveyors observed the

dietitian documenting in patient records on July 20,

1976. Previous to this date, for the majority of pa-

tients on special diets who would need some follow-up,

there was no documentation or visitation by the con-

100a Opposing Affidavit of C. V. Campbell

sultant dietitian. The dietitian has been ill and the

facility hired a new dietitian on July 23, 1976. The

dietary consultative activities need monitoring to en-

sure that the dietary needs of patients are met.

Please see the nursing narrative with respect to the

current omissions of dietary. For example, a particular

situation occurred to an individaul patient: Chart

1313 Medicaid, admission 2/3/76. Diabetic—Hemi-

plegia, Left CVA. The physician ordered on June 17,

1976, “please have dietitian review patient.’”’ Progress

notes also indicate that a dietary request has been

made as of June 18, 1976.

A nursing progress note to the physician indicates

the administrator stated that “when he gets a dietitian,

the resident may have a conference with him.” On

June 30, 1976, the patient continued to complain of

being hungry all the time. The patient has gained

twenty pounds. On July 4, 1976, nursing progress

record showed that the patient is still complaining of

being hungry. Nursing service requested the dietitian

to speak with this patient, but as yet this had not been

accomplished. The notation indicates I am sorry that

the patient is hungry. On 7/13/76, patient is com-

plaining. On 7/23/76, this patient was seen by the

newly hired dietitian.

Standard (b) Menus and nutritional adequacy is not

met.

The survey reveals that although menus are planned

they are not implemented.

Standard (c) Therapeutic diets is not met.

Deficiencies are noted in elements F224 and F225,

the survey reveals that the diets indicated in dietary

and those on the floor do not agree.

Opposing Affidavit of C.V.Campbell 01a

2nd floor

Regular 17

Diabetic 2

Low Na. 4

24

3rd floor

Regular 31

Soft . 4

Puree 1

Diabetic 12

Low Na. 10

58

4th floor

Regular 37

Soft 3

M/S 2

Puree 3

Diabetic. 9

Low Na. 4

58

5th floor

Regular 25

Puree 2

Diabetic 16

Low Na. 9

52

The fifth floor staff nurses indicated nine diabetic

diets. A better system of transfer of information about

diets must be established.

102a Opposing Affidavit of C. V. Campbell

it ara (e) Preparation and service of food is not

et.

Deficiencies are noted in elements F238 and F239

The survey reveals due to the lack of well trained staff

food is prepared without consideration for attractive

looking meals, nor are substitutions made appropri-

ately. Work assignments are not implemented in this

department. —

Element under hygiene and staff (f) is not met

F242. Food handling techniques observed are poor

Element under senitary conditions (g) is not met

F247. The area for storage of waste was dirty and not

acceptable. Individual diet cards are dirty. Refriger-

ation in the storage area is dirty. The dietary condition

of participation is marginally met.

Specialized Rehabilitative Services

Element F258 under Standard (b), plan of care is

not met. The survey reveals that treatments are re-

corded regularly; however, patient progress is not re-

corded.

Pharmaceutical Services

_Element 268 of Standard (a) Supervision of ser-

vices is not met. The pharmacist indicates to the ad-

ministrator that he reviews each patients’ drug regi-

men. However, the notation made on each cardex is

not an acceptable signature. Some type of symbol is

made and it is not discernible. Moreover, many of the

medication and charge nurses did not recognize the

symbol.

Through OLTC, formerly ONHA (policy direc-

tive) , the monthly review of the patient’s drug regimen

is to be noted by the Registered Pharmacists on the

patient’s individual medical record. This can easily

*

Opposing Affidavit of C. V. Campbell 103a

be accomplished by noting in the margin of the phy-.

sician’s drug orders and a clear signature with the title

R Ph. Medical records standards require that a signa-

ture and title be given for licensed health practitioners

and also when non-licensed staff record observations,

etc., i.e., Mrs. Ann Jones, nursing assistant.

Element F281 under (d) Pharmaceutical services

committee is not met.

The survey reveals that the medical director does

not meet with the pharmaceutical committee at least

quarterly.

LLL ODE tt,

a ae

_ (a) Advisory Dentist

eS . 2 .

Not Met

Lab & X-ray 405.1128

(a) Provision for

Services Factor not

met

Dental 405.1129

Standard not met

(b) Arrangements for

outside services-

Factor not met

; . ; J

Social Services

405.1130

All standards. met

(b) Staffing

3

wm! Sogn ead ied °

‘The facilit. does have

- 7/24/76.

Opposing Affidavit of C. V. Campbell 104a

-

.

-

f=.

Findings

In one record of 23 re-

viewed,. 12 lab tests

were done and

charged to Medicare.

There were no doctor's

orders for these tests.

In another record of

23 reviewed, 8 lab test

were done with no

doctor's orders and,

likewise, billed to

Medicare.

Last in-service (Mouth

Care) was conducted

6/4/75. No indication

from staff or written

documentation that

advisory dentist

recommends oral hygiene

policies and practices

for the care of patients]

Name and phone numbers

of dentists was not

documented in patients’

medical records nor were

lists and phone numbers

of dentists available

at nurses’ stations.

an agreement with

Graduate for dental

services and this num-

ber is available at

nurses’ stations.

Agreement with qualified

social worker signed

7/23/76 by administra-

tor and social worker.

According to the ad-

ministrator, the social

worker will begin duty

104

“. op” Bee wy. “a

Recommendations

Policies and procedures

stating that services are

provided only on the orders

of the attendiiy physician

were available, but should

be enforced. The OLTCSE

should notify the inter-

mediary of these two cases

(Case Numbers 1306 and 126;

_

oe sen

‘~~.

In accordance with the

dental agreement and polici

the administrator and medic

director should assure that

-the dentist provides in-

service and recommends ora

hygiene policies and prac-

tises as appropriately

needed.

' $elf-explanatory

As with all health

deficiencies found on this

validation survey, OLTCSE |

should monitor carefully to

assure that the qualified

social worker provides

required services.

Opposing Affidavit of C.V. Campbell 105a

\V. Physical Environment 405.1134

Elements F384, F385, F388, F389 under Standard

(c) facilities for the physically handicapped are not

met.

The survey reveals that there are insufficient water

fountains and public telephones of average heights.

There is no provision for the blind to identify rooms,

facilities and hazardous areas. The facility does not

provide audible and visual warning signals.

The surveyor needs to determine if the latter re-

quirement is waiverable. All deficiencies are to be

corrected.

Infection Control 405.1135

Element F446 under Standard (d) linen is not met.

The survey reveals that ventilation in the soiled linen

room is not adequate.

Standard (e) Pest Control is not met.

Roaches were seen on the fourth floor and third

floor. The exterminating program in effect needs to

_be intensified.

Disaster preparedness 405.1136

Standard (b) Staff training and drills is not met.

A review of the fire drills showed evaluations by

the staff for the past three months except for 1975.

No drills were held January, February. The employees

rated the drills from fair to poor; therefore, additional

improvements in the training programs are needed.

Opposing Affidavit of C. V. Campbell

Not Met

Medical Records

405.1132

(c) Content

Standard not met

‘

(e) Completion of

records and

centralization

‘ ef reports.

Standard not met

“See standard (c)

-

Findings

In 16 discharge records

reviewed, discharge

summaries were not

completed and signed by

the attending physician.

In 4 of 13 current

records reviewed,

orders were not reviewed

and updated every 30

days by the attending

physician.

Dental notes were not

documented in medical

records for the only

three patients that

were referred for

dental treatment.

Dietary notes were not

documented in 27 of 29

records reviewed.

Discharge summaries

from referring

hospitals were not

available in 6 of 29

records reviewed.

Discharge summaries

not completed and

signed by the attending

physician and not

received from referring

facilities.

106

Recommendations

The facility hes appropriat,

policies and procedures

regarding the deficiencies

found. The administrator,”

medical director, and

medical record consultant

should collaborate in

enforcing these policies

and procedures. The medica

record consultant should

visit more frequently to.

assist in correcting these

deficiencies.

See ¢tandard (c)

‘

*

o- ©

Opposing Affidavit of C. V. Campbell

Not Met

Uv. R. 405.1137 5

(h) Discharge

planning

Standard not met

_ is initiated on ad-

Findings

The administrator has

not delegated re-

sponsibility for

Gischarge planning in

writing.

Written discharge

Planning procedures do

not state how the dis-

charge coordinator will

function, and his

authority and relation-

ships with the

facility's staff.

maximum time period

after which a re-

evaluation of each

patient's plan is made

indicates only that

patients’ plans will be

re-evaluated as often

as necessary. Dis-

charge summaries are not

complete with attending

physician's signature.

The

Documentation in medi-

cal records indicated

that discharge planning

mission only.

107

1064a

33

Recommendations

Administrator, medical

director and social worker

consultant should ®

collaborate in correcting

deficiencies. State surve}

agency should provide

special consultation and

technical assistance for

this deficient standard.

Opposing Affidavit of C.V. Campbell 107a

Other standards and elements found not met.

Element F43 under 405.1121 Standard (g) person-

nel policies and procedures. The survey reveals not all

personnel records are current. Evaluations and train-

ing orientation was missing.

Standard (h) Staff development is not met.

Deficiencies are noted in elements F49, F50, F51,

F52

Although documentation is available, there is no

active orientation or ongoing training in the facility

being given consistently nor does the program provide

for inservice in:

Patient confidentiality

Preservation of patient dignity

Protection of patient’s privacy

The documentation available is not specific nor

does it reflect a consistent program for all personnel.

Elements F55 and F75 under Standard (i) Use of

outside resources are not met.

The agreements must reflect objectives and finan-

cial arrangements as well as responsibilities. Although

agreements are available, they did not confirm the ac-

tive participation of the consultants in the facility.

Consultant reports are not consistent nor do they re-

flect recommendations for the facility to implement.

i.e., No consultant reports for social services. The last

medical records’ consultant report is dated 3/4/75.

Consultant reimbursements are not benefiting the

patients in this facility particularly in the area of di-

etary and social services. The facility needs to correct

this situation immediately so that individual needs of

patients will be met.

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the involvement of the medical director is ques-

ATTACHMENT 5

It appears that patients within the homes owned by

tionable.

the chain are transferred because of finances.

The survey reveals that the medical records and

minutes do not reflect that policies and procedures

are written as implemented.

Please note in reference to housekeeping and main-

tenance, the carpets throughout patient areas need

Element F85 under Standard (1) Patient Care

It should be noted that the facility has policies; how-

cleaning. Urine odor is retained in the carpets.

Opposing Affidavit of C. V. Campbell

Elements F65, F66, F67, F71 are not met under

Policies.

Standard (k) Patient Rights.

See notations under dietary services standards 405-

Standard (h) Standard kitchen and dietetic service

1125 (e), (f) F242 and (g) F247.

108a

This allegation needs further exploration by the state

agency.

ever,

areas not met.

Opposing Affidavit of C.V. Campbell 109a

SOUTHEASTERN REGION

LONG TERM CARE

Telephone Number

Area Code (215) 631-

Ext. 2325

January 20, 1977

Norristown State Hospital

Building No. 37

Norristown, Pennsylvania 19401

Mr. Daniel Veloric

President, Geriatric Medical Centers

c/o of Town Court Nursing Center

1526 Lombard Street

Philadelphia, Pennsylvania 19146

Dear Mr. Veloric:

An unannounced visit was made to Town Court

Nursing Center on November 22, 23, and 24, 1976, by

David Hawk, M.D., Kay Dodds, R.N., Carole Schneid-

er, R.N., and Nancy Burns, R.D., and me. The state

survey team was joined by Ms. Claudette Campbell,

R.N., HEW Long Term Care, on November 22, 1976.

The purpose of the visit was a follow-up survey

based on the findings of a federal violation survey con-

ducted July, 1976.

Patient care and physical environment observed on

the days of the survey and in patient care areas was

unacceptable. Significant deficiencies of a serious na-

ture were identified in these areas as well as dietary,

medical records, pharmacy, and infection control ser-

vices.

‘..

110a Opposing Affidavit of C. V. Campbell

These deficiencies were discussed in part with you

and in total with John Halbrook, NHA, and members

of the corporate administrative staff.

A follow-up visit to Towncourt on December 30,

1976, indicated that some inprovements in patient

care areas and dietary have been made since the No-

vember, 1976 survey.

Enclosed is form SSA 2567 which outline the de-

ficiencies. Please enter your plan of correction (in-

cluding target dates) opposite each deficiency and re-

mit to this office within ten (10) working days from

receipt of this letter. You may detach and retain the

provider copy for your files. °

If you have any questions regarding this letter or the

visits please do not hesitate to contact this office.

Very truly yours,

(Mrs.) Judith A. Passerin, R.N.

Field Representative

JAP/cef

Enclosures

January 3, 1977

Town Court Nursing Home

Jay E. Laff

Director, Division of Long Term Care

Judith A. Passerin, R.N.

Field Representative

Through: Dorothy H. Poppert, R.N.

Regional Supervisor

Enclosed please find the Summary of the visit to

Town Court conducted November 22, 23, 24, 1976.

Opposing Affidavit of C.V.Caninbell 111a

The full health survey report is currently being com-

pleted and will be forwarded as soon as possible.

JAP: ct

Town Court Nursing Home

1516 Lombard Street

'‘ Philadelphia, Pa. 19104

Kathleen Dodds, R.N.

Carole Schneider, R.N.

Judith Passerin, R.N.

Nancy Burns, R.D. -

Field Representatives

SUMMARY

An unannounced visit was made to the above men-

tioned facility on November 22, 23, 24, 1976, by Mrs.

K. Dodds, R.N., Miss Carole Schneider, R.N., Mrs.

Nancy Burns, R.D., David Hawk, M.D., and Mrs.

Judith Passerin, R.N. The surveyors were accom-

panied by Ms. Claudette Campbell, R.N., on the first

day of the visit.

In July, 1976, a Federal survey team conducted a

validation survey at this facility. Deficiencies were

identified in medical and nursing services. The pur-

pose of this visit was a full health survey to evaluate

health care delivery and services to patients resultant

to the report forwarded to this office by H.E.W.

The facility’s administrator, Mr. John Holbrook,

NHA, was apprised of the nature of the visit and the

findings of the validation teams survey at the outset.

A tour of the facility followed.

The patient care areas were toured by all members

of the team. .Serious patient care and environmental

deficiencies were identified.

112a Opposing Affidavit of C. V. Campbell

Patients were observed to be in need of assistance

with activities of daily living. Many patients were im-

properly attired; dirty and torn clothing, barefooted,

incontinent patients were soiled. Male and female pa-

tients were in need of showers, nail, mouth and hair

care.

Patients both in and out of bed were observed in

poor body alignment. Evidence of restorative nursing

measures were not seen. Adaptive equipment is not

utilized.

One patient with massive decubitus ulcers was

ordered to be placed in isolation on the first day of the

surveyor’s visit. The following morning, the isolation

technique and procedures were reviewed. This patient

had been placed in a private room that was fully car-

peted, even though tiled, private rooms were available.

The isolation gowns were of a disposable nature and

sleeveless. When the survey team questioned the de-

cision to utilize a carpeted room for isolation purposes,

the patient was moved to another room.

Nursing assistants were ‘ater observed caring for

this patient. They were not wearing gowns nor gloves.

The soiled laundry was being carried out of the pa-

tient’s room by a nurse’s aide. This aide did not bag

the laundry and was carrying it clutched to her body.

On all patient floors visited, patients were seated in

lounge areas in numbers from 11 to 16. No nursing

personnel were in attendance in these lounge areas.

Patients were observed restrained in chairs; the re-

straints were attached to the patients beds.

The physical environment in patient areas was poor.

Soiled and clean linens were observed piled together

on patients beds, bedside cabinets and chairs. Water

Opposing Affidavit of C.V.Campbell 113a

pitchers and cubicle curtains were observed soiled

with feces. Toilet brushes were observed stored with

water carafes and drinking cups. Roaches were ob-

served in the second and third floor pantry. A urine

odor was prevalent on the second and third floors.

Shower and tub rooms as well as the floors of patient

bedrooms were in need of cleaning. Soiled underpads

were observed in patients bedside cabinets, on the

floor and in bedside trash containers.

The dietary department was clean. Although a well

qualified dietician has been employed by the facility,

to-date she has not been able to function in her con-

sultant capacity. Menus prepared by the dietician

were rejected so that a menu utilized by another cor-

porate facility could be instituted.

Medical records were reviewed by all survey team

members. (See attached report by David Hawk,

M.D.)

Many of the records reviewed lack patient care

plans. Nursing care plans did not reflect the actual pa-

tient needs or goals. Verbal orders were not counter-

signed on a timely basis. Physicians’ orders were not

being executed promptly or correctly on eight records

reviewed. Nurses’ notes were not chronological or

consistent especially as relates to patients who become

ill or manifest unusual signs or symptoms. Medica-

tions were not being administered properly nor charted

correctly (e.g. tincture of benzoin was being applied

to a decubitus ulcer, tetrocycline was administered to

a patient receiving milk) .

The findings of the survey were discussed in detail

with the President, Mr. Daniel Veloric, and several of

his corporate and administrative staff members.

114a Opposing Affidavit of C. V. Campbell

Suggestions for improvement in the various areas

discussed were made.

The staff of this facility appeared receptive and con-

cerned.

Addendum:

On December 20, 1976, members of the Town

Court N.H. Staff were present in this office for con-

sultation at their request. Those present were Daniel

Veloric, President, John Holbrook, N.H.A., Bernadine

Sterner, R.N., D.O.N., and Charles Fagin, F.S.S.

Mr. Holbrook introduced Mrs. Sterner, as the newly

appointed directo

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