Tennessee Law Blog

Nursing homes in Tennessee are regulated by the Tennessee Department of Health (TDOH). TDOH takes an active role in investigating complaints made by nursing homes residents and the friends and families of residents. TDOH also performs annual surveys on nursing home facilities to ensure that proper care is being given to residents and to attempt to reduce the risk that residents will suffer from neglect or abusive behavior from staff members at the facility or from other residents within the facility. The surveys also deal with nursing home staffing levels, administration of the facility, nursing services, resident assessments and social services standards at the facility. The evaluation of these important elements is used to determine the overall level of care that the residents receive. By using these surveys and corrective measures following the surveys, including fines, limiting admissions, and even suspending admissions, the TDOH takes proactive steps to force nursing homes to provide the level of care that the residents need and deserve.

Recently, TDOH conducted a complaint investigation and Annual Survey at Palmyra, Tennessee based Palmyra Health Care Center. In response to the report issued following the review, TDOH suspended admissions at the facility and assessed fines against the facility. Specifically, the TDOH report found 18 deficiencies - four of which were deemed as immediate jeopardy to the residents. The immediate jeopardy issues stemmed from the facility's failure to develop and implement a plan to prevent residents from suffering abuse at the hands of other residents that suffer from mental health and psychosocial behavioral problems. Also, the report noted that there was no plan implemented to prevent such residents from harming themselves, staff or others at the facility. The suspension of admissions to the facility and the retroactive fines levied against the facility are significant measures taken on behalf of TDOH to address the problems at this facility.

If you have concerns about the treatment of a loved one in a nursing home facility feel free to call our office. If we can't help we can usually point you in the right direction.

Aluminum manufacturer Aleris International Inc. announced that it will close its alloy facility in Shelbyville, Tenn. Unfortunately, this is just another plant closing in Tennessee.

It is important to note that some of the workers who lost their jobs and have a previous workman's compensation claim may be able to re-open their case. These folks need all the help they can get and this is one area where the work comp law may give some relief.

If you have recently lost your job and had a prior worker's compensation claim in Tennessee feel free to call my office to see if your case get be reopened for more compensation.

This week the Tennessee nursing home industry pushed legislation to give them limited liability for the neglect of residents. It is amazing that the industry has the guts to ask for a special law created just to limit their liability when there has been record fines and citations of inadequate care this year. In fact, just this week the Tennessee Department of Health suspended new admissions of patients to Country Place Health Care Center in Crossville. The Centers for Medicare and Medicaid Services has also put in place temporary management at the facility

It seems that Tennessee Nursing Homes could limit their exposure to lawsuits by making sure homes like Country Place provide quality care. Doesn't this make more sense than trying to have a law passed that protects you from a lawsuit. I have never handled a nursing home negligence case that I believe could not have been avoided if the home had provided adequately trained and a sufficient number of staff. Maybe nursing homes could avoid more lawsuits if they spent more time caring for their patients and less time trying to obtain special protections from the legislature.