March 9, 2010

New Nursing Home Legislation Looks to Reform Illinois

A group of elder advocate groups brought together by the AARP joined in Springfield to announce nursing home legislation that will reform the way nursing homes operate in Illinois. Senate Bill 685 was introduced by Heather Steans and Jacqueline Collins, both Democrats from Chicago. As been highlighted recently in the media, nursing home residents in Illinois have been victims of nursing home failures. Nursing home patients have been the victims of physical, mental and sexual abuse. They have been given the wrong diagnosis or wrong medications all at the hands of nursing home employees. This bill will go way beyond what has recently been proposed in the Governor’s task force. To read more reaction about the Illinois nursing home legislation, please click the link.

The new Illinois nursing home legislation will address many problems currently plaguing residents. The group's press release states that legislation will improve the quality of care for nursing home residents and create meaningful regulations for Illinois nursing homes. These include disincentives and penalties for facilities that provide inadequate care. Also, the legislation would provide regulations that promote resident safety and a safe environment for all older people in Illinois nursing homes. One of the most important provisions is that the legislation would require higher staff to patient ratios and better training for direct-care staff. This is extremely important because many studies have found that a home's employee to resident ratio is a vital part of a safe nursing home. The Chicago nursing home lawyers of Levin & Perconti support this legislation and ask that everyone contact their Illinois representatives to voice their support as well. The Illinois AARP set up a Nursing Home Reform Legislation Hotline. We encourage you to call 1-888-616-3322 to ask your Illinois legislators to support Senate Bill 685.

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Posted In: Illinois Nursing Homes, Legislation

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March 7, 2010

Illinois Nursing Homes Must Carry Insurance

The Clarion Ledger has recently posted an article discussing the needs of nursing homes to carry insurance. The article points out that many nursing homes do not carry enough liability insurance to cover damages caps if a nursing home abuse lawsuit is filed. Many nursing homes face lawsuits after physical and sexual abuse or nursing home neglect. Nursing homes should be required to carry enough insurance to cover a vulnerable person that is injured, mistreated or abused while a resident at the home.

In Mississippi, a current House Bill 536 would require non-government nursing homes to carry $500,000 in liability coverage which is equivalent to the amount that the government nursing homes must carry under the Tort Claims Act. While this out-of-state legislation may seem like an obvious need to those who believe in elderly rights, many insurance companies and nursing home lobbyists are working diligently to try to kill the bill before it reaches the Senate. Since nursing homes have received the damage caps they believe are so important, it is imperative that they carry insurance. The elderly need and deserve the accountability afforded to them with the passage of HB 536. To read more about the nursing home legislation, please check out the link.

Illinois is one of the states that does not require nursing homes to carry liability insurance. We hope that new Illinois nursing home reform legislation will require homes to operate with insurance. The Chicago nursing home abuse attorneys at Levin & Perconti encourage people to ask if a nursing home carries insurance before entrusting a loved one to the facility. Researching a nursing home’s insurance information is an important step to ensuring your family members rights in the event of an injury caused by negligence.

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Posted In: Illinois Nursing Homes, National Nursing Homes, How to choose a home, Legislation, Legislation

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October 20, 2009

Illinois Task Force Sets Hearing

Governor Quinn’s new Nursing Home Safety Task Force will hear testimony from elder care advocates, service providers and residents in an open, public meeting. It also announced a Web site that takes citizens’ comments and recommendations. Task Force leader Michael Gelder stated, “All of us have a role to play in ensuring the safety and well-being of nursing home residents, and we urge the public to join us in this critical work.” He added that all of Illinois will be needed to meet this challenge. The task force was formed in response to a Chicago Tribune expose which found that elderly and disabled nursing home residents were allegedly assaulted, raped and even killed by mentally ill criminals also living in the facility. Illinois relies on nursing homes to house psychiatric patients more than any other state. Hopefully the new task force will help resolve the problem and decrease the nursing home abuse. To read more about the hearing meeting, please click the link.

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Posted In: Illinois Nursing Homes, Incidents, Legislation, Sex offenders and parolees in nursing homes

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October 10, 2009

State Officials Meet on Nursing Home Deficiencies

Top officials from seven state agencies met for nearly two hours to discuss safety breakdowns at nursing homes that accept high numbers of mentally ill criminals. They have laid out a blueprint for solving what they have described as a very serious problem in terms of nursing home abuse. The task force met in response to the Chicago Tribune’s series that detailed instances when elderly and disabled nursing home residents were allegedly assaulted, raped and even murdered by mentally ill criminals who lived in the facilities. The task force will meet at least a half dozen times over the next several months to discuss combating nursing home abuse. They are set to complete a report by January 31 with recommendations to the governor on how to better the situation. The task force is set to conduct unannounced site visits to various nursing facilities to seek public input about the best ways to assure safety for residents. Task force members are calling on better training for public health inspectors. They also suggested a thorough review of the criminal background screenings of the roughly 3,000 mentally ill offenders now living in the nursing homes. Illinois should consider licensing separate facilities for mentally ill residents with criminal backgrounds or violent histories to resolve problems created by the volatile mix of elderly and psychiatric patients. To read more about the Illinois task force, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Incidents, Legislation, Nursing Home Abuse, Sex offenders and parolees in nursing homes

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October 8, 2009

Task Force Addresses Safety in Illinois Nursing Homes

A task force is meeting for the first time to address assaults, rapes and murders in Illinois nursing homes. After Illinois has shut down state-run mental hospitals, nursing homes have had to pick up the slack. An AP analysis found Illinois ranks highest in the nation in the number of the mentally ill adults under the age of 65 living in nursing homes. The Chicago Tribune recently examined how violent felons living in nursing homes put frail elderly at risk. The governor formed the task force to bring together agencies that regulate nursing homes and screen potential residents. The advocacy group, Illinois Citizens for Better Care and Wendy Meltzer, say they have that the task force members will solve problems rather than make excuses. This could be a positive step for Illinois to improve their record of nursing home abuse. To read more about the task force, please click the link.

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Posted In: Illinois Nursing Homes, Legislation, Nursing Home Abuse

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August 7, 2009

Resident’s Advocates Discuss Nursing Home Legislation

The Illinois State Journal Register discussed both the pros and cons of the new nursing home legislation proposed in Illinois, Senate Bill 314. Some, like the executive director of Nursing Home Monitors, believe that the nursing home legislation would weaken an already lax regulatory system by allowing the state to forgive certain fines against nursing homes that promise to use the money for correcting deficiencies. Others, like Wendy Meltzer, the director of Chicago-based Citizens for Better Care, believe that the bill would make it harder for nursing homes to negotiate a reduction in fines. This is due to the work of Meltzer to insert language that made reductions of fines off limits if those fines were connected with harm to residents. The nursing home industry agreed with the changes to the original nursing home legislation because the state was focusing too much on high fines against nursing homes and not enough on helping facilities provide good care. Currently, the bill is awaiting Illinois Governor Pat Quinn’s signature. To read more about the nursing home legislation, please click the link.

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Posted In: Illinois Nursing Homes, Legislation, Ombudsmen Program

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May 20, 2009

Nursing Homes May Need Fines to Get their Attention

When a nursing home resident’s minor injury is left untreated and thus progresses to something major that will inevitably kill her, the nursing home should be fined. This is equally true when one resident beats another in a nursing home cafeteria because there’s no staff member there to stop it. These are all problems that lead to nursing home negligence and wrongful death. The only way for a nursing home to be punished is to be fined, but an Illinois ruling ties the hands of the Department of Public Health on how much can be fined. Currently Illinois caps the violations at $10,000 a pop. The solution to this problem is simple, have the legislature permit higher fines for egregious elderly abuse and negligence. Illinois must allow for higher fines in order to remedy these ongoing problems. To read more about Illinois fines, please click the link.

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Posted In: Illinois Nursing Homes, Legislation

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May 14, 2009

State’s Decision Supports Lower Fines in Illinois Nursing Home Abuse and Neglect Cases

An Illinois judge handed down a ruling that said the Illinois Department of Public Health (IDPH) illegally increased fines against nursing homes. The IDPH may no longer fine a nursing home more than $10,000. This comes as a blow to many nursing home advocates who fear that lowering fines will cause an increase in poor quality care. With smaller fines, Illinois nursing homes will have less incentive to provide quality care. Larger fines motivate nursing homes to avoid punishment by delivering appropriate care to their residents. It is most likely that the IDPH will appeal this decision. According to the IDPH acting director, “We have been fining what we feel is appropriate for what we find." To read the full story about this devastating ruling about Illinois nursing homes, follow the link.

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Posted In: Illinois Nursing Homes, Legislation, Ombudsman and Resident Advocates News, Ombudsmen Program

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March 9, 2009

Nursing Home Resident’s Advocates Vow to Stop Illinois Bill

Advocates for nursing home residents hope that they will be able to stop the progress of a bill in the Illinois General Assembly which is designed to allow state regulators to refund fines paid by nursing homes planning to use the money to improve care. The bill, Senate Bill 321, would return money after a nursing home may have been cited for elderly abuse or neglect. Director of Chicago-based Illinois Citizens for Better Care, Wendy Meltzer, stated that this bill would be really bad public policy because it essentially eliminates the financial disincentive for bad behavior. Although the bill’s sponsor believes that the bill is a way of ensuring that problems at nursing homes get fixed, money could be returned even in the cases of elderly rape or wrongful death. The bill highlights the idea that Illinois has become too focused on fines against nursing homes instead of good care. Meltzer pointed out that nursing homes shouldn’t need refunds as an incentive to provide the kind of care that is required by Illinois state law. Last year the bill’s sponsor received $15,000 in campaign contributions from the nursing home industry. To read more about Senate Bill 321, please click the link.

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Posted In: Illinois Nursing Homes, Legislation

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March 3, 2009

Call-In Supports Long-Term Care Reform

On March 4, The Senate Special Committee on Aging will meet to discuss how improvements in long-term care can be included as part of national health care reform. The committee will meet to discuss possible changes and improvements in Medicare, Medicaid and organizing long-term care services. Long-term care reform can help to improve the quality of care for nursing home residents across the country.

The public is encouraged to call their Members of Congress prior to this committee meeting to let them know that they support long-term care reform. Those wishing to participate can call (800) 958-5374 between 8 a.m. and 5 p.m. Eastern Time on March 3, 2009. To learn more about supporting long-term care reform, follow the link.

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Posted In: Legislation, Legislation

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February 28, 2009

State Passes Bill that Requires Pressure Redistribution Mattresses

A state has sponsored legislation that would require nursing homes to use pressure redistribution mattresses to reduce the incidence of bed sores among nursing home residents. While legislators know that the new mattresses will be costly, they recognize the need for continued health and wellness of the state’s most vulnerable senior citizens. Legislators recognized that pressure sores are one of the most common ailments in nursing homes around the State, and if they are not treated properly they can lead to serious health complications and even wrongful death. The mattresses alone won’t eliminate bed sores, but they will greatly reduce the incidence of bed sores, and make their treatment much easier on the nursing home staff. Illinois should consider adapting this important legislation. To read more about the nursing home legislation, click the link.

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Posted In: National Nursing Homes, Legislation

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February 12, 2009

House Bill Will Protect Nursing Home Residents

A bill was introduced into the U.S. House of Representatives that will help put an end to unfair mandatory arbitration agreements. The bill, introduced by Rep. Hank Johnson (D-GA), would put an end to pre-dispute arbitration agreements that nursing home residents and their family members are often forced to sign when completing nursing home contracts. When signed, the agreement waives their rights to have a jury decide the case. For nursing home residents and their families, this bill will protect their right to take their case to court in the event that they become the victim of injury or death as a result of nursing home abuse and neglect.

Victims of nursing home abuse and neglect fare better when given the opportunity to plead their case in front of a jury. A trial by jury provides a public record of wrongful conduct and alerts fellow residents and their families of the nursing home’s misconduct. It also ensures compensation for victims when a home does not follow through on the promises they make to care for their residents. Additionally, jury trials send a message to wrong-doers that misconduct will not be tolerated and will not go unpunished, helping to deter others from these practices.

Follow the link to read more about how this bill would protect nursing home residents.

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Posted In: Knowing your rights, Legislation, Mandatory Binding Arbitration, National Nursing Home News

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July 23, 2008

National Silver Alert Act Needs Your Support to Protect Seniors

Congress is now considering HB 6064, called the National Silver Alert Act. The Act would establish a national "Silver Alert" communications network that would assist in search efforts for missing seniors on a national and local level. The Act would also assign a Silver Alert Coordinator in the Department of Justice to coordinate the Silver Alert network with the states and would provide for grant funding to individual states to support these efforts. Hopefully, this Act can improve state resources for finding missing seniors. This problem affects nursing homes frequently; elopement is a growing problem in nursing home abuse and neglect cases where residents' movements are not supervised or controlled. Eloping and wandering nursing home residents often are found injured when they leave the nursing home and cannot provide for themselves.

Read the full text of the Act here.

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Posted In: Illinois Nursing Homes, National Nursing Homes, Legislation, Legislation

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July 17, 2008

Nursing Home Arbitration Act is One Step Closer to Becoming a Law

The Fairness in Nursing Home Arbitration Act, also known as the Nursing Home Arbitration Bill has been passed by the House Judiciary Subcommittee on Commercial Law and Administrative Law. The nursing home legislation, if passed by the Senate will prevent nursing homes in Illinois and all across the nation from requiring the elderly residents in nursing home to sign an arbitration agreement to gain admission. Amendments did not pass that attempted to exclude nursing home employees and nursing home physicians from the bill. To read more about this piece of nursing home legislation that may bring a change to Illinois nursing home residents click here.

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Posted In: Hot Button Issues, National Nursing Homes, Tort Reform, Legislation, Legislation

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July 15, 2008

Elder Abuse In Your Own Home

As a result of the notoriously substandard care provided by nursing homes throughout the country, elderly individuals in need of assistance are turning to home-care providers to the extent that the home-care industry constitutes two of the top three fastest growing occupations in the U.S. However, partly because of this staggering growth, regulation of home-care workers has been inadequate. Recently, home-care workers were convicted of theft, abuse, and even manslaughter.

One of the principal reasons for this trend is the lack of regulation of the home-healthcare industry. A majority of states do not require criminal background checks for wannabe providers leading to situations where felons convicted of burglary are able to easily access elderly patients’ homes. Illinois is among the few states that requires home-care providers be licensed and screen their employees. However, until other states follow the trend, elder abuse will continue to move from nursing homes into our own homes.

For more information, click here:

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Posted In: Medical Malpractice, Abuse, Financial abuse and exploitation, Legislation

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July 2, 2008

Governor Blagojevich Launches Elder Abuse Awareness Month

Governor Rod Blagojevich launched the 4th annual “Break the Silence” campaign and declared July to be Elder Abuse Awareness Month in Illinois. The campaign is designed to increase reporting of suspected abuse of elders, an increasingly challenging problem in nursing homes and other assisted living facilities. “Our seniors have the right to be treated with dignity, respect, and to feel safe and secure. Unfortunately, many seniors find themselves victims of abuse and neglect which is unacceptable,” said Governor Blagojevich. “The sooner we know about a case of abuse, the sooner we can put a stop to it. But in order to keep up the fight against abuse and neglect, we need everyone to do their part. If you suspect a case of elder abuse report it. Elder Abuse prevention will help keep thousands of seniors safe each year.”

It is estimated that 80,000 elders in Illinois have been abused in some way, either physically, mentally, financially, or simply through neglect. Since the inception of the campaign, reporting of elder abuse has increased by 16%. However, a majority of incidents of elder abuse remain unreported.

For more information, click here.

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Posted In: Failure to Report Abuse, Legislation, Nursing Home Abuse

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June 23, 2008

Sprinkler Systems To be Placed in Nursing Homes

A recently passed Medicare and Medicare rule will require all nursing homes to be operating in safe conditions that require nursing homes to be outfitted with sprinkler systems. The use of a sprinkler system could alleviate serious personal injuries and a nursing home fire from breaking out. Nursing homes across the nation fall prey to older facilities where nursing home care suffers as facilities lack proper sprinkler systems and proper nursing home supervision and care needs. To learn about this change occurring in the right direction and to see how homes in Chicago, Illinois will one day benefit click here.

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Posted In: National Nursing Homes, Tort Reform, Legislation

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May 19, 2008

GAO Report Finds Faults with Current Nursing Home Compliance System, Recommends Changes

The GAO has released a study on the results of federal monitoring surveys of state inspections in nursing homes. The federal government often contracts with state employees to perform annual compliance surveys which are a prerequisite to Medicare and Medicaid funding. The GAO’s report unfortunately contains some very troubling reports of nursing home abuse and neglect.

The study found that a substantial proportion of state inspectors and surveys miss deficiencies in nursing homes regularly, including malnutrition, severe bedsores, overuse of prescription medications and nursing home abuse and neglect. Some of these deficiencies are at the most dangerous levels and could cause immediate harm to nursing home residents. However, less serious noncompliance was more frequent: approximately 70% of state surveys missed at least one instance of low-level noncompliance.

Click to view the full text of the study or the abstract.

Continue reading "GAO Report Finds Faults with Current Nursing Home Compliance System, Recommends Changes" »

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Posted In: Illinois Nursing Homes, Hot Button Issues, National Nursing Homes, Legislation, Legislation, Medicaid and Medicare Fraud

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May 17, 2008

20% of Nursing Homes Deliver Dangerous Care to Nursing Home Residents

The US House of Representatives Energy and Commerce Subcommittee on Oversight and Investigations held a hearing on nursing home care this week. During the hearing, a government official told lawmakers that 20% of US nursing home care is directly harmful to nursing home residents. This means that aside from nursing home abuse and neglect, some nursing home care techniques are directly harmful. Additionally, the hearing provided valuable information on possible federal plans to centralize information about non-compliant nursing homes and new suggestions for quality of care policies.

Read more here.

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Posted In: Illinois Nursing Homes, National Nursing Homes, Legislation, Legislation

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May 12, 2008

AFSCME Urges Illinois Governor to Raise Long Term Care Facility Wages

The AFSCME, a union that represents state, county, and municipal employees is taking on Springfield to seek a raise for Illinois disabled care workers. Currently, staff wages for Illinois disabled care facilities lag almost 2 dollars behind private employers, making it very difficult for state agencies to retain talented staff to care for the disabled. The pay increase would bring care workers’ hourly wages into line with the cost of living and would approach what private employers pay. In long term care for the disabled, proper wages and salaries are essential to ensure quality care. Often, underpaid and under-trained staff have a high turnover rate which causes resident care to suffer, leading to long term care facility resident abuse and neglect.

Read more on the story here.

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Posted In: Illinois Nursing Homes, Legislation, Staffing Issues

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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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