Brightmoor Nursing Center may still face $17,400 fine from feds

Published 12:00 am Wednesday, December 2, 2009

By Kathy Chaffin

Salisbury Post

Brightmoor Nursing Center’s plan to correct deficiencies found in a state complaint investigation/recertification survey last year was accepted and found to be working in a subsequent, unannounced visit.

The nursing home, however, may still have to pay $17,400 in fines to the federal Centers for Medicare and Medicaid Services (CMS). Lee Millman, public affairs officer for the CMS offices in Atlanta, said an informal dispute resolution held last month between CMS and Brightmoor officials resulted in the fines not being removed.

Owner Linda J. Howard of Charlotte could still opt to go through a hearing process settlement or judgment to have the fines removed or lowered. “That’s a process that could take a year or even more,” Millman said.

The nursing home’s timely plan of correction and confirmed compliance, however, resulted in recommendations to deny payments for new Medicare/Medicaid admissions and terminate the government’s provider agreement if the facility doesn’t reach substantial compliance by Feb. 19 being lifted.

Howard declined comment on the deficiencies for an Oct. 7 article and again when the Post reviewed the plan of correction and results from the followup survey by the Nursing Home Licensure and Certification Section of the N.C. Division of Facility Services. (The state requires that results of surveys at all nursing homes be posted in a public place and available for viewing.)

At the time, the followup survey results were reviewed at Brightmoor, located at 610 W. Fisher St., extensive work was being done on the interior of the facility, including painting the hallway walls. The need for repairs and renovations were among the 29 deficiencies identified by a state team during a five-day investigation/recertification survey at the nursing home last August.

The state recommended that the CMS impose a $400-per-day fine until the deficiencies were corrected, but CMS officials raised the fine to $500 a day due to the severity and quantity of the deficiencies cited.

Denise Rogers Murray of the Nursing Home Licensure and Certification Section said Brightmoor submitted its plan of correction within the specified time. When a state team returned to the facility for an Oct. 18-19 followup survey, members did a thorough review of the steps nursing home administrators said they had or would take to get and stay in compliance.

These steps included improvements to the facility, more extensive training for staff, more quality assurance checks, etc. Staff and residents were interviewed as needed during the followup survey, Murray said.

The Nursing Home Licensure and Certification Section conducts recertification surveys every nine to 15 months at all nursing homes. However, because the state had also received complaints about Brightmoor last year, the investigation and recertification survey was combined.

Among the deficiencies cited were privacy and confidentiality, staff treatment of residents, quality of care, accidents, medication errors and infection control. The survey team found such resident-rights issues as leaving doors and privacy curtains open during procedures and leaving medical records in hallways for anyone to see.

The team also cited quality of care problems including a patient known to be in pain not receiving medication as prescribed and an incontinent patient being left wet in bed all night without being changed.

Contact Kathy Chaffin at 704-797-4249 or kchaffin@sailsburypost.com.