Finding a good nursing home is not easy. You want one that can provide the best quality of life for your loved one. Fortunately, health care professionals often keep nursing homes in check by reporting any problems to authorities.
Recently, lawsuits have been filed against Care Initiatives, a large Iowa nursing home chain, for retaliatory firings of their health care professionals in nursing facilities.
The caregivers reported abuse of nursing home residents and inadequate care in nursing facilities. They were subsequently fired after their reports and are now suing under whistleblower protection laws.
Iowa has laws explicitly prohibiting employers from punishing health care providers for reporting elder abuse or helping with investigations about claims of alleged abuse.
What Is a Whistleblower Law?
A whistleblower law allows employees to report instances of fraud, abuse, or violation of health and safety laws without the threat of employer retaliation. If an employee makes such a report against their employer, the employer can’t suspend, demote, or fire the employee as a retaliatory action.
An employee who is unlawfully terminated as a whistleblower may be reinstated to their job and receive back pay for lost wages and compensation for emotional distress, as well as reimbursement for legal fees. Reports to the government for fraud, called qui tam actions, may also give a percentage of the recovery amount to the whistleblower employee.
Why Whistleblower Laws Are Important to Nursing Home Care
Health care professionals should have incentives to protect patients in assisted living facilities and nursing homes. Whistleblower laws both incentivize and protect workers so they don't have to worry about being demoted or losing their job for advocating for patient care.
Medical care providers play a crucial role in protecting patients and preventing healthcare fraud under the False Claims Act (FCA). This federal law holds that long-term care facilities that accept Medicare and Medicaid payments from the federal government must provide adequate care to their patients. Facilities that do not follow federal and state laws for elder care commit fraud when they submit claims to the government. Nursing home abuse would qualify as breaking state and federal laws if they receive Medicaid or Medicare. Nearly all do.
Whistleblowers, especially in nursing homes and assisted living facilities, should be protected as they ensure the well-being of their residents and help hold the facilities accountable to their patients and to the government. However, if you are looking into a nursing home facility, don’t just rely on whistleblowers. You should do some homework of your own.
How To Evaluate a Nursing Home
If a family member needs a nursing home, you can get referrals from friends, family, and health care providers. However, it is best to visit in person, tour the facility, and make observations on your own.
Look at the quality of care. Is the facility clean and odor-free? Do you see signs of poor hygiene and sanitation?
Look at how the staff interact with the residents. Are they friendly and caring? Do you see signs of neglect or abuse? Signs of patient neglect may include:
- Poorly groomed residents.
- Residents with stained clothing.
- Broken equipment, such as wheelchairs and beds.
- Poorly maintained assistive devices like walkers and canes.
Signs of patient abuse include bruises, bedsores, unexplained accidents, and ignoring patient hygiene and care.
When talking to the director or staff of the facility, you may want to ask:
- Do they have sufficient staffing levels?
- Is there a high staff turnover rate?
- Do they have a high standard of care?
- How can the facility quickly respond to a resident’s needs?
- Can they follow your care plan?
- Is there access to medical help? Physical therapy? Occupational therapy? Other services?
When researching nursing homes, AARP advises to check out online resources such as Nursing Home Inspect, which has nursing home inspection reports.
Where a Lawyer Can Help
If you or a loved one has been abused by a staff member in a skilled nursing home or long-term care facility, you should contact a local elder law attorney.
If you have experienced adverse treatment as an employee as a result of reporting fraud, abuse, or violation of laws, you may want to consult an experienced employment attorney for legal advice about a whistleblower lawsuit against your employer.
Related Resources
- Nursing Home Law Basics (FindLaw Law and Daily Life)
- Protect Your Parent from Elder Financial Abuse with A Power of Attorney (FindLaw Law and Daily Life)
- 2025 Guide to Elder Law Lawyers (FindLaw Attorney Directory)
