Gardendale Nursing Home Facing Closure Following Inspections
When violations pile up, it’s often a sign of deeper neglect
Nursing homes are held to high standards because they care for some of the most vulnerable people. When they don’t meet those requirements, serious consequences can follow, as the owners of a Birmingham-area nursing home recently found out the hard way.
As the Montgomery Advertiser recently reported, a 148-bed nursing home in Gardendale, just outside Birmingham, is facing closure following multiple citations from the Centers for Medicare & Medicaid Services (CMS). While this particular facility is in legal limbo, the story raises broader worries about the quality of nursing home care.
What happened at the Gardendale facility?
According to the Advertiser article, the troubles at Magnolia Ridge, a nursing home in Gardendale, began in March, when an inspection issued some citations. Additional inspections in May and June identified additional deficiencies; finally, an inspection in August uncovered even more issues, prompting CMS to call for the facility’s decertification.
According to the CMS termination notice, the facility “failed to substantially comply with Medicare and Medicaid health and safety participation requirements.” The government agency gave the facility just weeks to close.
However, the legal battle over Magnolia Ridge is not over. McKnight’s Long-Term Care News reported that the facility’s parent company is suing CMS for attempting to close the facility while a bankruptcy is pending. The McKnight’s article also described an alleged elopement (resident leaving supervision) that is at the heart of the case; the facility claims the resident in question was lucid and not unsafe.
What does it mean when a nursing home violates Medicaid requirements?
While the reporting on the Gardendale facility has not specified most of the alleged violations, nursing homes that accept Medicare and Medicaid are required to comply with various health and safety standards known as the Requirements of Participation (RoP). Those requirements include providing a certain level of staffing, maintaining quality of care for residents, following infection control best practices, protecting residents’ rights, and being prepared for emergencies, among others.
Facilities that don’t comply with Medicaid requirements can face penalties, up to and including losing their Medicaid certification, which functionally forces the facility to close. In addition, failure to comply with Medicaid requirements could be a basis for a lawsuit by the family of a resident harmed by substandard care.
We hold negligent facilities accountable
Compliance with the Medicaid requirements isn’t just a government mandate for nursing homes; it’s necessary to provide safe and effective care for residents. Nursing homes that don’t meet staffing requirements or follow safety protocols put residents at risk of serious harm: preventable falls, untreated infections, medication errors, assaults, and more. Too often, nursing home abuse and neglect lead to loss of life. We fight back on behalf of residents and their families.
If your loved one was hurt due to nursing home neglect or abuse, we’d be honored to listen to your story and explain your rights and options. Attorney Perry Shuttlesworth is an experienced Alabama nursing home neglect lawyer who has a strong track record of results in nursing home litigation, including a $1.2 million jury verdict for a resident’s wrongful death. Give us a call or contact us online today for a free consultation with Shuttlesworth Law Firm, P.C.
"My mother was neglected to death by her nursing home. As soon as I got the news and details, I immediately knew I had to contact an attorney. After doing diligent research, I came across Shuttlesworth Law Firm. They have a great track record and a top-notch attorney at the helm. After reaching out, I was greeted with a very knowledgeable, professional, and personable staff that quickly helped me assemble a rock-solid case. I knew from the moment I contacted them that this was the best team to go with. Unfortunately my case took almost 2 years to resolve because the defense was dragging their feet (which is typical), however, Perry and his team were very quick and thorough and I knew early on my case was in the best hands possible. I'm glad I did my research, and I couldn't be happier with my results. Thank you again, Perry, Misty, and the Shuttlesworth family for helping me make things right, and may you continue to help families and individuals impacted by wrongful deaths across Alabama." – Riley S., ⭐⭐⭐⭐⭐