police protocall- nursing homes

[Ms.rachel]

If a nursing home were under investigation for infractions against its' patients rights, during that time what would happen... does it seem reasonable that the initial manager in question could transfer their license to someone else while the investigation is underway?

I hope that makes sense. I know that in the case of nursing home licensing they can be transferred...I guess I just wonder what action would be taken right away. I mean, until it is proven they can't be forced to do anything can they?

Thanks for your help!

[suki]

If a nursing home were under investigation for infractions against its' patients rights, during that time what would happen... does it seem reasonable that the initial manager in question could transfer their license to someone else while the investigation is underway?

I hope that makes sense. I know that in the case of nursing home licensing they can be transferred...I guess I just wonder what action would be taken right away. I mean, until it is proven they can't be forced to do anything can they?

Thanks for your help!

A more specific scenario would be needed to give a more clear answer. So many variables would be in play - ie, state law, how regulated the nursing home is (again, based on state and local laws and ordinances), their history, the alleged violations, danger to the public, etc.

The police wouldn't be able to "shut the down" or make them do anything. But the state or federal regulators (depending on the alleged violations) might, and any court with jurisdiction could issue an injunction or order directing them to begin or refrain from certain acts...but all of that is fact intensive.

For example, if they are alleged to not be offering the contractual services the residents were owed, that might result in a state investigation or a civil lawsuit, but neither would probably result in any directed changes or closings until resolved.

But if they were alleged to be mistreating their patients, especially if there was evidence of intentional harm or deaths, then state authorities might take regulatory or legal action (in the courts) to make them shut down during the investigation, or, more likely, based on some already provable infraction.

But, if the allegations are financial, state or federal regulators or authorities could be investigating, but unless the home couldn't continue in operation during the investigation, it probably would.

So, it really depends on the specific facts and location of the home.

ETA: The police with jursidiction might investigate potential crimes - theft, assault, murder, etc. But they have no control over the operation of the home, only the investigation of potential criminal conduct. But, once someone is charged with crimes related to the nursing home, then the prosecutor can make a motion for the court to set certain requirements or issue orders re the home. But, more likely, state or federal regulators would begin their own process and legal action regarding the home.

ETA2: whether the license can be transferred and to who are issues of state and federal law, and may vary from state to state, to some extent.

~suki

[Ms.rachel]

Wow, so much info. Thank you so much. I think this means I am on the right track. I have a nursing home (in Canada) smaller, that a resident and family member have spoken out about the conditions- not deaths or physical abuse, but patients not receiving many of their other rights. This is a subplot in the story and basically I don't have to deal with all the long term legalities just the immediate aftermath of their going public. I have the police starting an investigation and the management choosing to transfer the license during that time. I just wanted to be sure that the place wouldn't automatically be shut down or ceased.

[Kathleen42]

There was a problem with a Candian nursing home in Memramcook recently. Looking up news articles might give you some ideas. One can be found at: http://www.cbc.ca/canada/new-brunswick/story/2008/12/02/nb-nursing-oversight.html

[Ms.rachel]

Kathleen42, thank you that was very helpful.