BUFFALO, N.Y. (WBEN) - The latest information released by the Erie County Department of Senior Services shows that 18 of 35 nursing homes in the county are compliant with Ruthie's Law, a 2017 law that mandates nursing homes to provide reports on incidents related to patients every six months.
Eighteen nursing homes completed a report for the period between January and May of last year. The latest report compiled data from June to December of last year. The report was also updated some time on Tuesday to reflect more compliant nursing homes.
READ MORE: Erie County discusses lack of enforcement of Ruthie's Law (January 2020)
Erie County Senior Services Commissioner David Shenk said it's a good sign that more than half of the nursing homes are complying with the law. He said enforcement will be determined after he meets again with the county attorney.
"I've already met with him once and now today I submitted to him the updated roster of what we have in and all my findings," Shenk said. "I expect to talk to him soon."
"I am trying to take more of a softball approach and identify who wants to play hardball and we'll play hardball," Shenk told lawmakers two weeks ago during a committee meeting.
Shenk, who became the commissioner of the department last May, said additional nursing homes have filed reports since he took over the office. He said a main reason why there has been a lack of reporting is due to the high amount of turnover at nursing homes, but he also said there is unawareness of the law, unclear expectations, and because nursing homes are already filing reports with New York State.
Shenk also said attorneys for some nursing homes have said they will not comply with Ruthie's Law due to a conflict with New York State law, who argue that Erie County can't make regulations for nursing homes because they are overseen by New York State. One felt Ruthie's Law is a violation of HIPAA, though Shenk said there is no patient identifying information in the law.
When we examined compliance by local nursing homes two weeks ago, only ten of the local nursing homes filed a compliance report every six months with the county. Thirteen nursing homes are now deemed fully compliant under the law. However, four nursing homes who were previously seen as not compliant in past reports now show they did follow the law, according to the newest data. Those nursing homes include Autumn View Health Care Facility, Brother's of Mercy Nursing and Rehabilitation Center, Greenfield Health Care Facility, and St. Catherine Laboure Health Care Center. Brother's of Mercy Nursing and Rehabilitation Center previously showed three reports that were not filed.
Shenk said the new information about past reports came as a result of him contacting the nursing homes.
SOON: A discussion in the Erie County Legislature on the lack of enforcement for Ruthie's Law. Many nursing homes in the county are not complying with the law and should be fined for each time they are not compliant. pic.twitter.com/Q2mQxRRxIx
— Mike Baggerman (@MikeBaggerman) January 23, 2020
