Why We Need NBA-Sized Fines for Nursing Home Misconduct

More than 30% of nursing home residents are dehydrated and  malnourished, according to the Department of Health and Human Services.

The constant culprit is understaffing to save money on staff salary.

Less staffing hurts residents. Even worse,  for-profit corporate facilities have made record profits at the expense of patient safety.

Yet despite the obvious risks of nursing home misconduct, government officials rarely impose large fines for nursing home misconduct.

State investigators should take a page from the NBA playbook, according to attorney Jonathan Rosenfeld.

Consider how government fines for nursing home misconduct compare with NBA-sized fines in several recent cases.

Here’s a sample of state fines for nursing homes misconduct:

• $650: Nursing staff failed to follow physicians’ orders or the plan of care, including patient-specific dietary restrictions that were required to maintain patient health.
• $615:  Nursing staff failed to adequately assess and monitor input and output levels of a patient whose weight  dropped off and became malnourished.
• $815: Nursing staff, who were overburdened and inadequately trained, injured two patients in wheelchairs, one of whom was not required to use a chair and whose foot was caught and dragged under the wheel.

Here’s a sample of NBA fines for “basketball misconduct”:

• $15,000: Indiana Pacers coach Frank Vogel fined for calling the Miami Heat the “biggest flopping team in the NBA.”
• $35,000: Atlanta Hawks owner Michael Gearon, Jr., for calling Boston Celtics forward Kevin Garnett the “dirtiest player in the league.”
• $25,000: Dallas Mavericks forward Delonte West fined for poking Utah Jazz guard Gordon Hayward in the ear during a game.

Something’s wrong here.

We fine NBA players and coaches thousands of dollars for relatively minor transgressions. Yet, when a nursing home injures its residents, the fines barely make a dent in corporate profits.

We must reevaluate how we value patient safety and nursing home care.

When an NBA star is more likely to be fined for criticizing his coach than a nursing home for abusing its resident, there needs to be a change.