Federal Government to Identify Nursing Homes with COVID-19 Outbreaks

On April 11, Gov. Greg Abbott directed Texas agencies to develop a plan to test all nursing home residents and staff for COVID-19. Even with taking such measures the state of Texas refuses to release the lists of nursing homes with COVID-19 outbreaks. However, Texas families with loved ones in nursing facilities will soon be able to access the COVID-19 status of those facilities. The U.S. government is expected to release the names of facilities with COVID-19 outbreaks as soon as this month. 

According to a memo sent on May 6, the Centers for Medicare and Medicaid Services will publicly post information to “support protecting the health and safety of residents, personnel and the general public.” 

Facilities will be required to report the following: 

• Suspected COVID-19 infections among residents and staff
• Confirmed COVID-19 infections among residents and staff (including those previously diagnosed and treated)
• Total COVID-19 deaths of resident and staff
• Personal protective equipment
• Hand hygiene supplies
• Ventilator capacity and supplies
• Number of resident beds
• Access to COVID-19 testing 
• Staffing shortages

Since the outbreak, thousands of older adults or those just needing round the clock care have died from COVID-19 in U.S. nursing homes. These vulnerable populations have been hit hardest by the coronavirus; which is responsible for thousands of American deaths. 

Many long-term care workers feel that their lives are in danger as a result of nursing homes becoming hotbeds for the spread of the novel coronavirus.  

Gov. Greg Abbott’s Directive

The Texas governor instructed three state agencies, Texas Health and Human Services Commission, Texas Division of Emergency Management and the Texas Department of State Health Services to test 100% of nursing home residents and staff. 

There has been no timeline announced.  

Texas Nursing Homes with Reported Coronavirus Clusters

Since March, COVID-19 has spread through entire Texas nursing homes. More than 160 of the state’s nursing homes have at least one case of the new coronavirus. On April 30, the Texas Health and Human Services Commission released data for the first time indicating just how serious the situation is for nursing home residents and staff. Since that time, at least 38 Texas nursing home residents and staff members have died from COVID-19.

The following Texas nursing homes allegedly have COVID-19 related deaths: 

• Brenham Nursing and Rehabilitation Center, Brenham
• Riverside Nursing and Rehabilitation Center, Austin
• West Oaks Rehabilitation and Healthcare Center, Austin
• Southeast Nursing and Rehabilitation Center, San Antonio
• Brentwood Nursing Center, Dallas
• Brentwood Place, Dallas
• Skyline Nursing Center, Dallas
• Monticello West, Dallas
• Brentwood Place Two, Dallas
• Edgewood Rehabilitation and Care Center, Dallas
• The Reserve, Richardson

If you have a loved one currently in any of these facilities, or your loved one passed away, contact a qualified nursing home COVID-19 exposure lawyer. Our firm has J.T. Borah—one of the leading nursing home abuse and neglect attorneys in the country—and his hand-picked legal team. Call us at 512-804-7277 to schedule a free consultation with our nursing home abuse and neglect team.

Nursing homes are seeking immunity amid COVID-19

The nursing home industry is focusing on lobbying for states to provide legal protections. Industry groups are making moves through several states to secure legal protections for the nursing home industry during the COVID-19 outbreak. Currently, at least 18 states have granted nursing homes and other long-term care facilities legal immunity through laws or governors’ orders. 

The quality of care in nursing homes is already low. In Texas, many nursing homes don’t face repercussions for their negligent care of elderly residents. 

“It’s concerning because families are already nervous about the care their loved ones receive in these facilities,” said Carlson Law Firm nursing home abuse lawyer J.T. Borah. “Now, with the lockdowns in place, families can’t even visit their loved ones. So, while in normal times there is some added layer of protection in monitoring what’s going on; right now there is no extra set of eyes to ensure this vulnerable population is receiving the care they require.”

Further, if the states takes away the right to hold these facilities accountable legally, there will be absolutely no penalties to keep nursing homes from neglecting their residents. 

“Without the right to file a lawsuit against negligent nursing homes, these facilities will be able to do whatever they want and that can hurt and maybe even kill thousands of people who are living in these facilities,” Borah said. 

Should I file a lawsuit against a nursing home?

The novel coronavirus isn’t the only threat nursing home residents are facing. Abuse and negligence are still happening during the pandemic, and may even be occurring more often since the facilities are on lockdown. If your loved one suffered any of the following, you should file a nursing home abuse and neglect lawsuit: 

• COVID-19 illness
• COVID-19 death
• Physical abuse
• Mental Abuse
• Neglect 

Our COVID-19 nursing home exposure lawyers are ready to help you hold the industry accountable for their careless approach to ensuring the safety of your loved one.

A COVID-19 Nursing Home Exposure Lawyer Can Help

The nursing home industry has long faced significant problems before the COVID-19 outbreak. For years, our team of lawyers has been holding nursing homes accountable for abuse, neglect and wrongful death. Our nursing home lawyers are representing families with loved ones in nursing homes with COVID-19 outbreaks for three reasons: 

1. Show them that their loved ones’ life matters 
2. That negligent parties will be held accountable for their failure to keep residents safe. 
3. Ensure that facilities are addressing the gaps that lead to COVID-19 illnesses and deaths. 

It is important to note that not all nursing homes have coronavirus outbreaks. In fact, facilities that implemented the appropriate steps toward protecting their residents have nothing to worry about. However, facilities that have been cutting corners are contributing to the spread of the disease and the decline in the quality of life for your elderly loved ones. 

Contact us today, to schedule a free consultation with a Carlson Law Firm nursing home COVID-19 exposure lawyer.