March 11, 2010

Both Chicago and Illinois Move to Improve Nursing Home Safety

Illinois and Chicago officials are looking towards new legislative proposals to improve nursing home safety. 48th Ward Alderman Mary Ann Smith has introduced ordinance amendments which will hopefully strengthen the current city of Chicago inspections of nursing facilities. Additionally, the nursing home legislation will increase enforcement and penalties of incidents of nursing home abuse. Under the new legislation nursing homes will be required to make the details of their financial and safety records more accessible to the public.

While this new city legislation is being debated, Governor Quinn’s office is planning to introduce legislation that will implement the recommendations of the recently formed Nursing Home Safety Task Force. This task force was formed immediately after the Chicago Tribune reported the grave conditions that take place at area Chicago nursing homes. These incidents included rapes, attacks and murders in those facilities that house the elderly with the mentally ill. The task force has recommended tightening criminal background checks on new residents, increasing nursing staffing and bolstering sanctions against facilities whom chronically breach safety regulations.

The Chicago nursing home lawyers of Levin and Perconti support the recent efforts to improve nursing home safety. They recognize that legislative action may decrease the cases of nursing home abuse throughout the state of Illinois. Many other organizations are supporting the legislation such as the AARP, Illinois Citizens for Better Care and the trial lawyers association. The crafters of the bill believe that the great amount of support they are receiving will help the nursing home bill pass through the legislative channels. To learn more about the recent proposals, check out the Chicago Tribune article.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Legislation, Nursing Home Abuse

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March 10, 2010

Chicago Nursing Home to Close by Friday

According to the Chicago Tribune, Somerset Place in Chicago will officially close on Friday, and the state must transfer Somerset's remaining residents. The closure comes after Medicaid funding was cut off and the Illinois Department of Public Health revoked Somerset's funding after inspections revealed rampant nursing home abuse and neglect. Somerset Place nursing home and its owner, Eric Rothner, have received attention in the media due to an investigation by the Tribune that revealed a number of incidents of resident abuse and neglect. The population at Somerset Place is entirely made up of residents suffering from mental illnesses.

Rothner owns a number of nursing homes throughout Illinois, including the management company Care Centers, Inc. Care Centers declared bankruptcy recently, but was managing Somerset up until bankruptcy was declared. Care Centers, Inc. is the subject of a number of nursing home abuse and neglect lawsuits, however it is questionable whether the victims will ever see compensation. The company still owes $400,000 to a former employee after a jury found that Care Centers denied her leave benefits.

Despite this debt, the Tribune reports that Rothner received payments of $900,000 from Care Centers, Inc. in the year before the management company filed for bankruptcy. A judge called this a "deliberate attempt to conceal and divert assets to avoid paying the judgment."

The Chicago nursing home abuse attorneys at Levin & Perconti have filed a number of lawsuits against Care Centers, Inc. and homes owned by Rothner. If you suspect that your loved on has suffered injury or death as a result of nursing home abuse and neglect in a Care Centers home, please contact our office. We will be happy to discuss your legal options with you.

According to the IDPH's Nursing Homes in Ilinois website, Rothner owns a number of Illinois homes, including:
• Briar Place
• Bryn Mawr Care
• Concord Extended Care
• Countryside Nursing & Rehabilitation Center
• Hillcrest Nursing & Rehabilitation Center
• Bella Vista Care Center
• Avenue Care Nursing & Rehabilitation Center
• Prairie Village Healthcare Center
• Boulevard Care Nursing & Rehabilitation
• Park House Nursing & Rehabilitation Center
• Elmwood Care
• Rainbow Beach Care Center
• Westshire Nursing & Rehabilitation Center
• Wheaton Care Center
• Wilson Care
• South Suburban Rehabilitation Center

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Posted In: Care Centers Nursing Home Abuse & Neglect, Chicago Nursing Homes, Somerset Place

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February 27, 2010

Illinois Continues Nursing Home Safety Push to Reduce Abuse and Neglect

According to the Chicago Tribune, Illinois Attorney General Lisa Madigan stated that both her office and the local police are intensifying their efforts to protect nursing home residents by making unannounced visits and conducting broad safety checks at troubled Illinois nursing homes. Criminal investigators have joined with Chicago police to examine nursing home records to uncover unregistered felons and sex offenders living within the facilities. They are also interviewing residents and staff at those facilities with histories of serious safety breaches. Madigan’s chief of staff stated that the current regulatory system has proved itself incapable of any type of rapid response to violations.

Governor Quinn is also working to introduce a comprehensive package of nursing home safety-reform bills. This is after Quinn’s Nursing Home Safety Task Force completed a 52-page plan to overhaul to state’s troubled long-term system that includes nursing homes housing more than 3,000 patients with felony records. The task force has met with representatives of the state’s largest nursing-home association as well as advocates for both the mentally ill and the elderly. It has recommended screening of people admitted to nursing homes by identifying those with criminal backgrounds. This will help decrease the amount of in-resident nursing home abuse.

The task force was initiated in response to a Chicago Tribune investigation documenting the rapes and attacks at Illinois nursing homes. If you or a loved one has been of victim of nursing home abuse, please contact a Chicago nursing home abuse lawyer. To learn more about the findings of the nursing home task force, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation

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February 20, 2010

Illinois Task Force Releases Report, Recommendations will Reduce Nursing Home Negligence

On February 19, the Illinois nursing home task force on safety released their final report with recommendations on how to improve safety and care for nursing home residents. Click on the link to view the report on Illinois nursing homes in its entirety.

The task force report contained 37 recommendations for improving safety and the quality of care for nursing home residents who suffer from mental and physical illness or disabilities. The task force report calls for improvements in the screening and referral system to ensure that people with serious mental illnesses are referred to the most appropriate residential setting for their condition. It also includes recommendations to improve care, including raising minimum staffing levels and increasing nursing home fees and taxes to cover more government oversight. In addition, the report recommends expanding home and community-based programs to give more options to people with mental illness. Along with offering the task force’s recommendations, the 52-page report contains next steps, including relevant nursing home reform legislation and changes to nursing home regulations.

The Chicago Tribune reported that the Governor and task force set a deadline of April 30, 2010 for many of the reforms to be implemented. To prepare for this swift change, state agencies and lawmakers have already begun to draft new regulations and legislation to address the nursing home reform. The Chicago nursing home lawyers at Levin & Perconti hope that the task force’s recommendations will bring real change to nursing homes in Illinois. Currently, many homes house older vulnerable residents alongside younger residents with mental illnesses. Due to insufficient staffing levels and training, nursing home abuse between residents often occurs because nursing home staff cannot provide the proper care and supervision that residents with mental illnesses need. Improving standards of care and increasing living options for younger people with mental illnesses will not only protect older nursing home residents, but will also offer better treatment to those suffering from mental illness.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes

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February 8, 2010

Chicago, Illinois Nursing Home Abuse and Neglect Attorney Steven Levin on Nursing Home Safety

Chicago nursing home attorney Steven Levin wrote to the Chicago Tribune to praise them for their commitment to uncovering nursing home abuse. He applauded the Tribune’s efforts in raising public awareness of Chicago nursing home abuse. Attorney Levin believes that there is a critical need for adequate staffing in nursing homes to protect residents from harm or abuse. When nursing-home owners focus on census over patient care, nursing home negligence ensues. Care workers must be sufficiently trained to create an environment void of physical and sexual abuse. Steven Levin urged readers to contact their respective state representatives to demand legislation that provides minimum staffing standards for Illinois nursing homes. This will help avoid Chicago nursing home abuse. To read the entire letter to the editor, please check out the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Home Abuse, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Levin & Perconti in the News

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February 6, 2010

Feds Terminate Funding for Somerset Place Nursing Home in Chicago, Illinois After Accounts of Nursing Home Abuse

As the Illinois Nursing Home Abuse Lawyer Blog reported, Somerset Place nursing home on the north side of Chicago has received a number of IDPH violations for repeated acts of violence and nursing home abuse and neglect that have compromised the safety of its residents. The nursing home was also the subject of several articles in the Chicago Tribune that highlighted the nursing home's problems and the Uptown community's concern. On Friday, federal health care officials announced that they would cut funding for the troubled nursing home. This is the first time in four years that the federal government has cut funding for a nursing home in Chicago.

All of the nursing home's 300 residents have a primary diagnosis of mental illness, and according to the Tribune 66 of these residents had criminal backgrounds. Staff members told the Tribune that insufficient staffing and training for direct care workers has created a chaotic environment where staff cannot properly supervise residents, many of whom need constant supervision. Without staffing and training, nursing home staff cannot properly supervise residents, and this leads to physical and sexual violence among residents.

According to the report, the Chicago nursing home will continue to receive Medicaid funding for 30 days, and the home has filed an emergency lawsuit to stop the CMS from pulling funding. The state health department will now look to move these residents to other Chicago nursing homes. Read full coverage of the Centers for Medicare & Medicaid Service's decision to cut funding for Somerset Place in Chicago.

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Posted In: Bad nursing homes, Chicago Nursing Homes, Sex offenders and parolees in nursing homes, Somerset Place, Staffing Issues

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February 5, 2010

Somerset Place in Chicago, Illinois is Facing Shutdown for Nursing Home Negligence

Chicago’s Somerset Place nursing home has filed a civil lawsuit to stop the government from administratively shutting it down. State and federal authorities were threatening to close Somerset Place until it remedies the serious safety breaches they found upon inspection. The officials stated that these breaches put “the health and safety of residents in immediate jeopardy.” The Chicago nursing home has filed a submitted plan of correction. This story correlates to the recent Chicago Tribune reports that found violence and elderly abuse at the facility. There were also numerous Department of Public Health citations along with complaints from the community. The Centers for Medicare & Medicaid Services did warn the facility that it would face termination from their programs unless these problems were addressed. The nursing home negligence has lead to fines of at least $6,050 per day. Also, their Illinois state license is in the process of being revoked. If you have a loved one within Somerset Place, please consult a Chicago nursing home attorney. To learn more about the nursing home revocation, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Incidents, Somerset Place

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January 31, 2010

1 in 5 Nursing Homes Get Low Stars

The USA Today has released a report stating that one in five of the country’s 15,700 nursing homes were found on the lower end of the five-star scale. It seems that almost all of the nursing home receiving one or two stars are owned by-for-profit corporations. The stars reflect inspections performed in the nursing homes as well as complaint investigations. Most owners must take responsibility for the consequences of the poorly performing nursing homes. The lowest-rated facilities have averaged about 14 deficiencies per site. These deficiencies include nursing home abuse and safety violations. You may visit the nursing home compare website by clicking on the link. Many Chicago nursing homes only have one star. These include: Alden Princeton; Avenue Care Center; Belhaven Nursing & Rehab Center; Kenwood Healthcare Center; and Waterfront Terrace. The nursing home negligence attorneys at Levin & Perconti have filed numerous lawsuits against one-star nursing homes in Chicago. They have also noticed that many of these homes have not improved their ratings and continue to commit Chicago nursing home abuse.

To read the story concerning the low star nursing homes, please click the link.

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Posted In: Illinois Nursing Homes, National Nursing Homes, Government Reports, Chicago Nursing Homes, How to choose a home

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National LTC Ombudsman January Gazette on Nursing Home Abuse

The National Consumer Voice for Quality Long-Term Care has released their January Gazette. This newsletter includes important articles on nursing home abuse. The newsletter highlights the Chicago nursing home abuse that occurs when felons live in facilities. The newsletter also discusses eviction rights and the U.S. News and World Report highlighting the benefits of Resident-Centered Care. This gazette is a must read for all nursing home lawyers. To read the Gazette, Please click the link.

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Posted In: Illinois Nursing Homes, Ombudsmen and Resident Advocates, Elder Law Attorneys, National Nursing Homes, Chicago Nursing Homes, Useful publications

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January 30, 2010

Somerset Place in Chicago, Illinois May Lose Funding After Reports of Negligence

Chicago’s Somerset Place nursing home is at risk of losing its federal funding. They have cleared there first hurdle in ensuring that does not happen by dealing with the resident’s threat to safety. The U.S. Centers for Medicare and Medicaid Services said that the agency has approved those plans. Somerset Place has recently been cited for fire hazards caused by smoking, staff-to-resident abuse, lack of supervision and administrative failures. The government will unexpectedly visit Somerset Place to ensure that the plan is working. Also, Somerset Place will submit a larger plan for fixing other problems that aren’t such an immediate threat to the residents. Many of the Somerset’s 300 residents have mental illnesses. To learn more about the failing nursing home, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Somerset Place

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January 28, 2010

Federal Officials Finally Investigate Abuse at Chicago Nursing Home

Federal investigators are looking at a troubled home which appears to be guilty of Chicago nursing home abuse. Somerset Place is a Chicago nursing home in the area of Uptown that specializes in mentally ill adults and has a history of citations for patient safety violations. Between April 2008 and July 2009, Chicago police have investigated over 15 alleged assaults or batteries in Somerset Place. They have also investigated five reports of sexual assault. Additionally, A Chicago Reporter analysis of nursing home violations from 2005-2009 found that this Chicago nursing home has been fined $100,000 for three separate incidents during that period. Two years ago a Somerset Place nursing home resident was murdered less than a half a mile from the home. However, two years later the home has still not been investigated. It is time that nursing homes alert the police of the abuse that is occurring between residents. To learn more about the nursing home abuse, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Nursing Home Abuse, Somerset Place

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January 26, 2010

More Illinois Nursing Homes are Swept for Residents with Warrants

Authorities swept two Chicago-area nursing homes for people with outstanding arrest warrants. The sweeps identified 20 residents with warrants ranging from domestic battery to assault. The raids were initiated by Attorney General Lisa Madigan who stated that Illinois is “working to keep Illinois nursing homes safe and not safe houses for fugitives.” Eight people were arrested on the warrants. The team searched the Rainbow Beach Care Center and the Kenwood Healthcare Center. They are both located on the South Side of Chicago. State records show that both facilities have large number of felons who create frequent police reports. Rainbow Beach had 18 felons out of a total of 193 residents and 17 reports of assaults or batteries. Kenwood has 95 felons living amongst 172 residents and has had 30 police reports of assaults or batteries. Madigan is upset that background check laws are not being complied with. She hopes that people will follow the legislation to avoid nursing home abuse. To learn more about the recent raids, check out the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

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January 21, 2010

State and Feds Threaten to Close Somerset Place Nursing Home in Chicago

State and federal authorities have warned the Chicago nursing home Somerset Place that it will be shut down unless it quickly fixes its safety breaches. They claim that these breaches put “the health and safety of…residents in immediate jeopardy.” A 10-day investigation led the federal Centers for Medicare & Medicaid Services to warn Somerset Place that it would be terminated in 23 days unless the problems were corrected. A public health department spokeswoman stated that this was a very serious decision for Illinois state health inspectors. The Chicago Tribune reported that Somerset Place allowed the murder of a resident who had been prostituting herself and using crack cocaine when living at the home. The home specializes in the treatment of mentally ill adults and houses 66 felons among its 400 residents. It has been cited repeatedly for patient safety violations. Also Chicago police have investigated incidents of sexual assault and drug use at the home. To read more about the possible closing of Somerset Place nursing home, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Incidents, Somerset Place

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January 18, 2010

Illinois Task Force Proposes Sweeping Reforms to End Violence in Chicago’s Troubled Homes

A panel appointed by Illinois governor Quinn proposed a great deal of reforms that are designed to end the chronic violence and elderly abuse that plague many Illinois nursing homes. Also, the panel is brainstorming ways to foster better treatment for people with serious mental illness living in nursing homes. One of the proposals is to have tightened criminal background checks of new nursing home residents. They are also recommending that the state police start searching Illinois nursing homes for residents with outstanding warrants. Illinois nursing homes should be brought up to the standards spelled out in federal government studies on nursing home care. An important way to achieve this goal is to divert the mentally ill people from nursing homes into more appropriate treatment settings in their communities. Finally, Illinois has recognized that mixing the elderly and mentally ill in understaffed nursing homes creates a great deal of nursing home abuse. To read further into the new panel, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Home Abuse, Chicago Nursing Homes, Compromised Care: Tribune Investigation

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January 15, 2010

Illinois Governor Panel Proposes Sweeping Nursing Home Reform

An Illinois nursing home panel appointed by the Governor proposed an array of reforms that are designed to end the chronic violence and nursing home abuse that plagues the elderly. The panel is also trying to foster better treatment for better treatment for people with serious mental illness living in nursing homes. New proposals range from tightened background checks of new nursing home residents to stronger sanctions and enforcement of facilities with chronic safety breaches. The safety task force also recommended that state police begin searching residents for outstanding warrants. He also wants to increase minimum staffing requirements of the facilities to bring them up to federal government studies in nursing home care. Illinois must pull itself from last place and learn to become a leader in nursing home care. The task force is focused on outlining a broad plan to expand housing and treatment options and divert mentally ill people from nursing homes. The task force was formed in response to the Chicago Tribune reports on assaults, rapes and murders in Illinois’ nursing homes. The most important issue is whether the state should have separate facilities for those with violent backgrounds. Many people that you should not mix dangerous and vulnerable residents. To learn more about the task panel, please click the link.

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Posted In: Chicago Nursing Home Abuse, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Nursing Home Abuse

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January 14, 2010

Chicago Lawyers Levin & Perconti File Nursing Home Negligence Lawsuit against The Renaissance at 87th

Chicago nursing home abuse attorneys Steven Levin and Margaret Battersby of Levin & Perconti filed a nursing home negligence lawsuit against the Renaissance at 87th nursing home in Chicago. The nursing home lawsuit alleges that the 92-year-old African-American woman died because the nursing home failed to properly care for her gastric tube. In December 2007, the woman received a gastric tube to receive food and medications and it malfunctioned. In May 2009, the resident’s g-tube fell out and the nursing home staff had to insert a Foley catheter to replace the tube.

The resident’s daughter then noticed changes in her mother’s condition and behavior. When the daughter brought this to the nursing home staff’s attention they ignored her complaint. On June 1, the Director of Nursing immediately recognized her urgent medical care. She was transferred to the hospital and died on June 2. The Illinois Department of Public Health launched an investigation and cited the Renaissance at 87th. Nursing home neglect lawyer Steven Levin stated that The Renaissance at 87th violated the Nursing Home Care Act by failing to provide the proper care to prevent the g-tube from malfunctioning. He added that as a nursing home lawyer, he oftentimes sees nursing home owners put profits before their resident’s needs. The resident’s daughter visited her mother daily and found that the staff had not bathed her or changed her undergarments. Many family members could not communicate their disapproval for the nursing care and had no advocates to speak on behalf of them. The Renaissance at 87th is among the many homes in Illinois that have a one star rating, the lowest possible, from the Centers for Medicare and Medicaid Services’ Nursing Home Compare Website.

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Posted In: Illinois Nursing Homes, Residents and Family Members, Chicago Nursing Homes, Levin & Perconti in the News, Nursing Home Abuse, Selecting a home, Wrongful Death

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January 13, 2010

Chicago Aldermen Discuss Tougher Oversight for Nursing Homes

Chicago aldermen stated that they were considering steps to strengthen oversight of troubled nursing homes that admit high numbers of felons and psychiatric patients. The city began focusing on felons and psychiatric patients in nursing homes after the Chicago Tribune published a series that exposed cases of rape and murder in nursing homes that mix criminals with the elderly. The Foster District police commander stated that there were nearly 5,000 calls for police service coming from Somerset Place nursing home in Uptown. She added that nearby shop owners were adversely affected by some residents who cause disturbances. While Chicago once inspected and licensed nursing homes, they have now turned over those responsibilities to the state. One alderman stated that the city should consider resuming licensing and inspecting facilities. Many were shocked at the number of felons and mentally ill patients that were housed with seniors. A representative from Loyola University stated that students are harassed by residents at Wincrest Nursing Center. She stated that residents were using drugs and panhandling because they were not getting the requisite care. To learn more about the Chicago nursing home plans, please click the link.

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Posted In: Chicago Nursing Home Abuse, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Incidents, Somerset Place

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January 1, 2010

Reform Care for Mentally Ill

The Chicago Tribune’s Compromised Care series has sparked new interest in ways the state could improve care for people who are severely mentally ill. The Illinois Psychiatric Society believes that Illinois should overhaul how it provides care for people who are severely mentally ill by redirecting its funding to programs that are proved to help. They have recommended many changes. This includes allocating the vast majority of state and federal funds to agencies that provide community-based care. The Illinois Department of Mental Health must certify more community mental health centers. It is important that funding for treating the severely mentally ill is being well-spent. Individuals who have a violent criminal history and who are severely mentally ill should be housed in an appropriate setting that keeps the community and the individual safe. To read more about the steps to help protect the mentally ill residents living in Illinois nursing homes, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

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December 28, 2009

Raids Target Felons in Chicago Nursing Homes

Federal, state and county officials swept two Chicago-area nursing homes for felons with outstanding arrest warrants and identified 18 residents wanted on charges ranging from disorderly conduct to burglary to assault. The early morning raids were initiated by Illinois Attorney General Lisa Madigan in response to Chicago tribune reports about Illinois nursing facilities that house high numbers of felons and sex offenders. Five people were arrested, including a sex offender wanted in another state. Three residents were too sick to be taken into custody. The team found nine felons when it swept Columbus Park Nursing & Rehabilitation Center on Chicago’s West Side. They found nine residents with warrants at Heather Health Center in Harvey. The team also did a sweep at Sumerset Place. The number of felons known to be living in Illinois nursing homes has grown as the state increasingly relies on the facilities to house younger psychiatric patients. A spokesman for the Columbus Park facility stated that the majority of the outstanding warrants were for out-of-state crimes and would not surface during a background check. Heather Health Center was recently given an “average” rating for the home despite the fact that there were 30 felons living in the nursing home. To read more about the Illinois nursing home raids, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

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December 24, 2009

Nursing Home Sweeps Find Outstanding Warrants

Officials swept two Chicago-area nursing homes for felons with outstanding arrest warrants and identified 18 residents wanted on charges ranging from disorderly conduct to burglary to assault. The raids involved 20 federal marshals and Cook County sheriff’s police were initiated by Illinois Attorney General Lisa Madigan. Five people were arrested, including a sex offender wanted in another state for failing to register. In three cases, the residents were too sick to be taken into custody, and the other warrants were not immediately enforceable because they were issued in other jurisdictions. Authorities examined records for Somerset Place on the North Side and discovered three residents with outstanding warrants. The number of felons known to be living in Illinois nursing homes has grown as the state increasingly relied on nursing homes to house younger psychiatric patients. Many of these patients have criminal records. To read the full sweep story, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Incidents, Sex offenders and parolees in nursing homes

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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