Kentucky is home to more than 300 nursing homes and within those nursing homes, more than 23,000 residents. According to a recent Newsweek article, it also is one of six states with at least 40 percent of nursing homes ranked at the bottom. With such few homes for so many residents, there is bound to be some kind of neglect or abuse -- as there is in nursing home facilities across the country. The more disturbing statistic is that an estimated 5 million elderly people across the United States are abused every year, and among those cases, a staggering 84 percent are never reported. Elder abuse, as it is known, is a tragedy, and states like Kentucky are taking a greater stand in their fight to project their state's senior population. This quick guide will give you the facts you need to know about Kentucky's laws related to elder abuse and nursing home negligence. Read on to learn more about how can be held accountable for mistreating Kentucky's seniors:
Report It! It's the Law
Did you know that Kentucky has made it a law for anyone who sees or suspects abuse of an elderly person to report it? If you are in a nursing home and you see anything that might be classified as ill-harm -- from rough actions with a nursing home resident to verbal abuse -- you are required by law to report the suspected crime or behavior to Kentucky's Adult Protective Services (APS). You also should report the suspected crime to Kentucky's Office of the Inspector General and use the Abuse Tip Line via Kentucky's Office of the Attorney General. Go through all of the channels to report nursing home negligence or abuse. Remember, if you see it, you must report it. It is Kentucky law that you be vigilant and act on what you see and hear -- even if you don't know yet whether the behavior is criminal. Use your instincts and report! If you'd like to look up the law, you can find it online and in the public record under KRS Chapter 209.
What is Neglect?
Under Kentucky law, nursing home negligence can be intentional or unintentional. If someone is abusing or neglecting an elderly person in a Kentucky nursing home, then that person can be held negligent under Kentucky law regardless of the person's intent. This can be a slippery slope, as can all laws that define negligence and intent. However, it sets a strong precedent and expectation for the behavior of those who are caring for the state's elderly population. It holds them accountable to certain standards of behavior and makes them more aware of not only their words and actions but their responsibilities as an entrusted caregiver. There are many categories that might be considered evidence for nursing home negligence -- something as visceral as a person having a persistent or pungent odor to ignoring call bells or cries from a nursing home resident to behaviors and issues that are much more egregious such as a nursing home resident losing his or her control of the bladder or becoming sick and dehydrated. Know that if a nursing home caregiver is suspected of negligence and a person reports it, then the Kentucky investigators in the case will hold the caregiver to a definition of negligence under Kentucky law that includes both intentional and unintentional actions and behaviors.
Open Record Laws
Kentucky is one of a handful of very unique states that have open record laws. That means you can get your hands on documents about nursing homes and caregivers related to negligence cases or suspected negligence. Want to know if the nursing home where your elderly mother or father is living has had complaints of abuse or neglect? Under Kentucky's open record laws, you can get those complaints and reports of abuse. You can get documents of lawsuits involving negligent caregivers as well. Want to know if a nursing home is under state investigation? Again, all of this is open information to you if you request it. It is your right as a citizen of the state of Kentucky to request these public records. The law gives you the right. If you would like to request copies of complaints, investigations, resolutions and other relevant documents, you will need to write a letter requesting you want these documents to Kentucky's Department for Community Based Services or the Office of the Inspector General.
Felony with Prison Sentence
If convicted of a crime of negligence or abuse, a nursing home caregiver and other responsible at the nursing home as well can face a felony that comes with a state prison sentence of five to 10 years in the state of Kentucky. It's important especially for caregivers and nursing home managers to know this potential penalty and the high standard the state issues when it goes to matters of negligence. It does not matter of intent, a caregiver can be sent to prison for five to 10 years if found guilty of neglect or abuse of elders.
In conclusion, with a little help from the Kentucky government, and a population within the state that is learning how to be more vigilant and to notice elder abuse, Kentucky can become a leader for other states and protect its population in a unique and sensitive way that honors their basic human rights. No person deserves to be mistreated -- and certainly not those who cannot help themselves, as is the case with many elderly people in the United States. If you see nursing home abuse and negligence, make sure you report it to the Kentucky Office of the Attorney General. It takes a community to rise up to right for those who are abused, neglected and oppressed. Do your part in protecting the elders of Kentucky by following our guide and reporting a suspected crime when you see it or hear about it. Please remember that you are breaking the law when you do not report a suspected case of abuse and negligence!
