There are now tens of thousands of confirmed cases of Coronavirus in all 50 states, Washington, D.C., and Puerto Rico according to a New York Times database. Sadly, hundreds of U.S. patients with the virus have already died. Of the many deaths, more than 80 (approximately one-third) have occurred in Washington State, including dozens of deaths at a skilled nursing facility known as Life Care Center of Kirkland, owned and operated by Life Care Centers of America, Inc. Life Care is the largest privately held long-term elderly care company in the US, with facilities across 28 states.
In this time of uncertainty, the Department of Health and Human Services has stated that these types of skilled nursing facilities “should restrict visitation of all visitors and non-essential health care personnel, except for certain compassionate care situations, such as an end-of-life situation.” While there are certainly virus-containment arguments in support of this decision, it puts the health and welfare of nursing home residents entirely in the hands of nursing home staff, effectively eliminating the oversight a family would otherwise have on their loved ones’ care.
The concentration of deaths in a single nursing facility highlights the importance of strict infection control policies in order to protect the most vulnerable segment of our population. In addition to adhering to the dictates of the Center for Disease Control (“CDC”), relating to hand washing and social distancing, all skilled nursing facilities should review their infection control policies and educate their staff on the importance of rigorous adherence to the same. This would have arguably prevented some or all of the deaths in the Kirkland nursing home. Per NBC News, “Public health authorities who surveyed long-term care facilities in the area found facilities didn’t have enough personal protective equipment or other items such as alcohol-based hand sanitizer. They also said nursing homes in the area are vulnerable because staff members worked with symptoms, worked in more than one facility, and sometimes didn’t know about or follow recommendations about protecting their eyes or being careful while in close contact with ill patients.”
However, this dire situation can also be used as an opportunity for state Departments of Health around the country to review their oversight responsibilities. In Pennsylvania, for example, Governor Wolf issued a disaster declaration, “authoriz[ing]the Pennsylvania Emergency Management Agency Director or his designee, to assume command and control of all statewide emergency operations and authorize and direct that all commonwealth departments and agencies use all available resources and personnel as is deemed necessary to cope with this emergency situation.” In connection with this declaration, it is imperative that the Pennsylvania Department of Health increase their supervision of skilled nursing facilities and expend additional resources to:
- Increase the number of surveyors responsible for oversight;
- Increase the frequency of surveys; and
- Increase the severity of infection control-related citations.
