Aging and Long-Term Services Department

Aging and Long-Term Services Department Gino Rinaldi, Cabinet Secretary

For Immediate Release Media Contact: Kenny Vigil December 4, 2013 505-470-2290

State Long-Term Care Ombudsman Settles Case with New Mexico Nursing Home

(Santa Fe) The New Mexico Aging and Long-Term Services Department’s State Long-Term Care Ombudsman announced today that Casa Real Healthcare Center in Santa Fe, under the management services of Preferred Care Partners Management Group LP, shall pay $3,500 in fines to the State. This fine is one remedial aspect of a settlement agreement that addresses a situation in which Ombudsman Program staff and volunteers were not given timely access to documentation and information needed to resolve resident complaints and conduct investigations. Senior facility managers also attempted to thwart communication by residents and facility staff with Ombudsman staff.

The State’s Long-Term Care Ombudsman issued a Notice of Violation on November 1, after learning that requested documentation was available, but not shared with the Ombudsman. Documentation was eventually sent to program representatives, but not within required time frames and not in time to assist residents. Additionally, Ombudsmen received signed statements from current and former facility staff sharing quotes by Managers of the facility who attempted to reduce or prevent staff or resident discussions with the Ombudsman advocates. Such actions constitute legally actionable interference.

During a voluntary Compliance Conference held on November 14, a settlement agreement was reached with representatives of Casa Real Healthcare Center. In addition to the $3,500 fine, the facility’s management group has agreed to the following:

• Ensure that facility managers have a full understanding of their legal obligations to the New Mexico Ombudsman Program. • For the next 24 months, the facility’s managers will establish regularly scheduled communication meetings with the State Ombudsman and Ombudsman Program staff; • Ombudsmen will have immediate access to the facility’s regional and divisional corporate representatives to resolve concerns; • A resident rights training will be presented to facility staff and managers by the Ombudsmen, who are to be introduced by corporate representatives; • Facility managers will respond to resident council complaints prior to the next monthly council meeting.

Resident council meetings are a very important tool for residents to communicate with facility management. Council meetings are held once a month and open to all residents. Nonresidents may attend by invitation only from the resident council President. Resident councils provide a forum for residents to express their wants and concerns, and suggest positive changes that will benefit the facility as a whole. “We are very encouraged by the positive immediate response and resident-supportive actions taken by Preferred Care Partners Management Group,” stated Sondra Everhart, the State Long- term Care Ombudsman. “We look forward to working with the management of Casa Real Healthcare Center to serve and support residents who call Casa Real home.”

The State Long-Term Care Ombudsman Program is mandated by federal and state law to investigate resident complaints at long-term care facilities. As an advocate for long term care residents, Ombudsman Program staff and more than 100 certified volunteers ensure those mandates are carried out statewide. Most complaints are resolved quickly and to the satisfaction of the resident.

“The communication between residents and the Ombudsman is often the only voice for residents. If that connection is broken, it is the resident, not the Ombudsman, who is silenced. Interference with that voice will not be tolerated in New Mexico,” Everhart said.