Nursing Facility Standards Enforcement
Updated Jan 27 @ 1700
by James C. Sherlock
Part One of this series served as an introduction to the circumstances surrounding one of the worst deaths humanly imaginable. It shows what happens when standards are not enforced.
Charges against staff. The government has alleged that the death was the result of criminal acts by facility staff at Colonial Heights Rehabilitation and Nursing Center (CHRNC) in Chesterfield County.
It appears they may have a case. But it better be a strong one.
The defense will plead that:
- facility owners were at fault for systematically understaffing the facility to increase profits; and
- the government was at fault for failing to oversee the facility and enforce federal law.
Both of those claims will have the distinct advantage of being true.
Charges against ownership? We do not know if indictments are pending against the owners of CHRNC. But that case may prove easier to make than the cases against staff. ย
The data on staffing related to enforcement of federal law are incredibly granular to the level of hours of specific job codes on the payroll every day of every quarter. The data are submitted by the owners themselves, are auditable against payroll systems the coding of which is mandated by CMS, and are available going back to Q1 of 2017.
Because they control patient census, the owners will have limited options for defense to the charge of understaffing as a business model if the case is proven with their own data.















