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A Fort Myers nursing home abuse lawyer at Spivey Law Firm, Personal Injury Attorneys, P.A. said October 2020 was the first anniversary of the Center for Medicare and Medicaid Service’s (CMS’s) enactment of its new warning system for nursing homes. The nursing home warning symbol is an upraised hand in the “halt” position.

Seema Verma, Administrator at CMS, said that the icon is assigned to nursing homes with “severe citations of abuse,” and receiving it would give nursing homes an incentive “to compete on quality.”

The Medline Newsroom reports the icon is updated monthly, and “nursing homes that have it will have their possible health inspection rating capped at two stars and their overall possible rating capped at four stars.”

According to a News-Press article on October 23, 2019, “The icon designation will remain for about 12 months after the abuse violation is cited even if the incident was a one-time occurrence or a correction has since been made. Serious abuse or neglect violations will usually involve death or injury. But less serious violations, if they are repeated, can also lead to the designation if a nursing home is cited two years in a row. And the abuse icon can remain up to 24 months if there are repeated violations.”  

CMS maintains the Nursing Home Compare website and says the icon will appear on the information page of nursing homes that had a patient harmed because of neglect abuses or physical, mental or sexual abuses.

In addition to the warning system, the CMS website provides a one-to-five star rating for nursing homes. These are in four categories: health inspection reports, staffing, quality measures, and overall quality.

The New-Press and the Naples Daily News determined in 2019 that at least 38 nursing homes (5.5 percent of the 697) receiving Medicare and Medicaid payments had violations in the previous two years that could have received an icon designation.

Robyn Grant, director, public policy and advocacy at The National Consumer Voice for Quality Long-Term Care, told The News-Press, “Abuse and neglect are serious problems. And they have a huge impact on residents. So we think it is really important to identify facilities where abuse, neglect or exploitation has occurred.”

Fort Myers Nursing Home Abuse Lawyer Randall Spivey says that nursing home patients must receive the level of care outlined by Florida state laws. Health providers and facilities must recognize patients’ rights while they are receiving medical care.

“If you or a loved one has been injured, please contact our experienced Fort Myers nursing home abuse legal team. We have years of experience in assisting those who have been injured because of the negligence of others. Here are links to our website’s Testimonials and Case Results web pages for more information. We are available 24/7, and there are no costs or attorney fees until we receive a monetary recovery for you,” said Attorney Spivey.

Fort Myers Nursing Home Abuse Attorney  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact  Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.