Illinois Nursing Home Abuse Blog

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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" »

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.

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.

A recent article highlights the dangers of residing in and placing family members in uninsured nursing homes. Uninsured nursing homes are extremely dangerous for residents because there is no way that residents can get fair and reasonable compensation for their injuries and families can recoup fair and reasonable compensation for their loved one’s wrongful death in a nursing home abuse and neglect lawsuit. The article highlights three tragic cases where a woman suffered severe pressure sores because nurses did not maintain her cast, another woman suffered when she was left on a bedpan for too long, and one resident died from dehydration in a nursing home. Unfortunately, none of these residents nor their families could fair and reasonable compensation for their injuries. Currently, the Illinois House is considering HB 5213 which would require at least $1 million in insurance coverage for Illinois nursing homes to protect residents who may be victims of nursing home abuse and neglect.

Read more about the dangers of uninsured nursing homes here.

Proposed changes to federal funding for Medicaid could cost Illinois more than 10,000 jobs and over $400 million in lost wages. Over the next five years, Illinois could see upwards of $2.5 billion in lost funding. Critics of the federal plan warn that reductions in Medicaid funding will shift the bill to the state in an already shaky economy. For Illinois nursing homes
this reduction in Medicaid is a serious threat to resident care and could lead to increased incidents of nursing home abuse and neglect. For instance, a nursing home in Peoria illustrates the problem: more than 70% of its residents are Medicaid funded. Many nursing homes and their residents that count on Medicaid may have to make alternative arrangements if the budget cuts go through.

Read more here.

The US Senate has begun consideration of a new act that would raise the bar on nursing home care nationwide and attempt to curb nursing home abuse and neglect. The Nursing Home Transparency and Improvement Act, S. 2641, would shed light on the quality and operation of nursing homes and implement new standards for care. Specifically, the Act would provide public information on the owners/operators of nursing homes, the staff turnover, nurse staffing levels, and penalties the home receives for poor care. Together, this information will help elder advocates and nursing home abuse and neglect lawyers to get a better sense of an individual home’s quality of care.

Additionally, the Act would require independent audits of nursing home chains and increase sanctions on chains with chronic problems of nursing home abuse and neglect. Facilities in violation would face increased civil penalties including fines up to $100,000 when a resident dies from nursing home abuse and neglect. Facilities would also have to pay fines into escrow accounts pending appeals.

Other provisions include a requirement that facilities give 60 days notice when they plan to close and allow for continuation of Medicare and Medicaid payments until residents are successfully relocated and a provision to provide for studies of temporary management and training of nurse aides and supervisors.

Visit NCCNHR to learn more here.

The debate over arbitration agreements for nursing home residents now has a new voice: the American Health Care Association and the National Center for Assisted Living, two lobbying groups for the nursing home industry, now argue that arbitration agreements would improve nursing home resident care. However, arbitration agreements often severely limit the amount and type of recovery that a resident can seek if there is nursing home abuse and neglect and only serve to prevent nursing home residents from seeking justice in court. Nursing home residents should not lose their rights to seek justice and ensure that they are protected from nursing home abuse and neglect by filing a nursing home abuse and neglect lawsuit.

Read more about arbitration agreements here.

Increasingly, nursing home operators seek to get their new residents to sign mandatory arbitration agreements that make it mandatory for residents to arbitrate outside of a courtroom any disputes over their nursing home care, nursing home abuse, or even wrongful death. An arbitration hearing is very different from a nursing home abuse lawsuit in court and often can result in the injured nursing home resident not being able to recover as much for their nursing home abuse.

Consumer advocates, nursing home abuse lawyers, and lawmakers agree that arbitration may not be the best means to protect seniors’ rights. Congress may soon consider banning arbitration agreements for nursing home residents and nursing home abuse after a bill was filed last week.

For the story, click here.

A recent state law change highlights the need for family members to stay current with their loved ones’ care in nursing homes. Previously, an Iowa state law effectively blocked public access to state nursing home inspector findings and reports of nursing home abuse. This law made it even more difficult for family members to choose the right nursing home and often hid possible incidents of nursing home abuse.

The new law requires immediate disclosure of state inspector findings of nursing home abuse and neglect for public review.

See the full story here.

Continue reading "Some State Laws Block Public Access to Records of Nursing Home Abuse" »

In some states, legislators attempt to alleviate budget concerns for eldercare by repealing laws that provide for minimum standards of care for nursing home residents. In response to a recent $4 billion dollar budget cut, a state legislature now threatens to turn back the clock. The minimum nursing home standards law, enacted in 2001, responded to growing reports of nursing home abuse, untreated bed and pressure sores, and cases of nursing home neglect. The legislators claim that removing the minimum care standards will provide more flexibility for nursing home operators; however, the most likely result will be lower standards in nursing home care.

Read the full story here.

Today great progress was made in advancing the rights of Illinois nursing home residents and their families. The good news comes in the form of House Bill #5213, which has the potential to improve nursing home care in Illinois by demanding accountability from Illinois nursing homes and long-term care facilities as a prerequisite to obtaining and retaining a license.

Currently, 20% of Illinois nursing homes don’t carry liability insurance. This means many Illinois nursing home residents who are abused and neglected in nursing homes cannot be compensated for injuries they suffer from a nursing home's wrongdoing. Furthermore, facilities are not even required to notify residents and their families that they are uninsured.

Today, the House Human Services committee passed HB 5213 sponsored by Representative David Miller. HB 5213 provides that no person may establish, operate, maintain, offer, or advertise a long-term care facility unless they provide the Department of Public Health with proof of liability insurance in an amount not less than $1 million. HB 5213 also reinstates a provision that was removed from the statutes in 1995 that provides that a licensee shall pay treble damages (the greater of three times the actual amount of damages or $500) in addition to costs and attorney's fees when the rights of a resident are violated.

Please join advocates for Illinois' elderly in our efforts to protect the rights of Illinois nursing home residents and their families and to hold Illinois nursing homes accountable for their wrongdoing. A copy of the bill's full text can be found here.

Please contact us if you have any questions at 312-332-2872.

Those who file an Illinois nursing home abuse and neglect lawsuit will now be forced to submit the case to a mediator before moving on to trial. This new mediation mandate is part of an amendment to a new Illinois medical malpractice rule that was approved this week by the Illinois Supreme Court.

For the full article.

A bipartisan bill introduced by Republican Senator Grassley and Democratic Senator Kohl seeks massive reforms of the nursing home industry. The Nursing Home Transparency and Improvement Act is being haled as the largest reform of the nursing home system in nearly 21 years.

One of the key provisions in the bill would require nursing homes to file paperwork clearly stating ownership. This is in response to a recent trend of private investment groups purchasing nursing homes and then enveloping them in a quagmire of procedures that effectively shield them from liability. These structures make it increasingly difficult to identify parties responsible for substandard care and shield owners from potential lawsuits. The bill also would standardize complaint forms, improve staff reporting, and replace some self-reported information with information from independent audits. The goal of these provisions is to increase transparency and assist the public in comparing nursing homes.

The bill largely affects for-profit nursing homes and is receiving support from not-for-profit facilities as they are already required to produce much of the same information to achieve tax exempt status. Ultimately, the bill is a much needed response to declining care in nursing homes stemming from vague ownership structures that make it increasingly difficult to hold inferior facilities accountable.

Full article:

Kane County, Illinois employs a prosecutor assigned mainly to cases of elder abuse including one of the most prevalent problems, financial abuse and exploitation. Kane County State's Attorney John Barsanti has said that he hopes to improve community outreach as well and that elder abuse should be viewed like child abuse, where the very vulnerable can be taken advantage of. Illinois and US laws, however, seem to do much more to protect and advocate for children than for elders. Many elder abuse attorneys and advocates across the United States argue that elder abuse and nursing home abuse and neglect laws need to be stronger.

Click here for the full article

Illinois Citizens for Better Care (ICBC) reminds residents, family members and advocates that Illinois requires that all staff of health care facilities, including nursing homes, who "examine or treat .. a resident" to wear an i.d. badge with the employee's first name, "licensure status, if any," and staff position. The requirement applies both to employees and volunteers.

The requirement appears in the Medical Patient Rights Act.

Here is the text of the law, which can also be found here:

(410 ILCS 50/6)
Sec. 6. Identification badges. A health care facility licensed in
this State shall require each employee of or volunteer for the
facility, including a student, who examines or treats a patient or
resident of the facility to wear an identification badge that readily
discloses the first name, licensure status, if any, and staff position
of the person examining or treating the patient or resident.
(Source: P.A. 90-331, eff. 1-1-98.)

The Children's Health and Medicare Protection Act (CHAMP) has passed in the House this summer to renew the State Children's Health Insurance Program (SCHIP). CHAMP provides new protections for Medicare beneficiaries and provides health insurance to 5 million uninsured children. Annual payment increases to Medicare skilled nursing facilities will be frozen for one year to help pay for expanded coverage. The freeze would have negative effects for 1.7 million nursing home residents and staff. The government has annually increased Medicare payments to nursing homes but continues to fail to improve quality standards. Some problems with this policy include undercompensation of nursing home staff (to the extent that many of them get health care coverage through Medicaid and SCHIP) and the fact that RN staffing is rapidly decreasing. As stated by the National Citizens' Coalition for Nursing Home Reform (NCCNHR):

Medicare reform would do more to ensure quality for residents than continuing to give facilities automatic annual increases. We are asking Congress to require nursing homes to report accurate staffing data, including the number of staff and what they spend on nursing; to establish a separate funding stream in Medicare for nursing costs that can't be transferred to profits; and to set minimum staffing standards for all facilities.

Please write or call your local Representative and ask him or her to support CHAMP
Email jwells@nccnhr.org with any questions

The Illinois Congress and Gov. Rod Blagojevich have enacted a law that helps to protect elder citizens of Illinois by requiring elder abuse services to be maintained 24/7. The Department on Aging runs a 24 hour hotline but situations of elder abuse are more often reported locally and those hotlines are often unavailable during nights and weekends. In southern Illinois, however, 13 counties represented by the Shawnee Alliance for Seniors have maintained round-the-clock access for almost two decades. The Shawnee Alliance helps elders with issues ranging from risk of physical harm to financial exploitation. The number of calls to the southern Illinois hotline have risen every year with 775 calls in 2006. In the southern Illinois region, 14% of each 1,000 residents have reported or been victims of elder abuse.

Click here for the full article

Elderly victims of abuse will have access to elder abuse services thanks to a bill signed by Gov. Rod Blagojevich last week. House Bill 734 was sponsored by state Rep. John Bradley, D-Marion, and Sen. Gary Forby, D-Benton. The bill is also supported by the American Association of Retired Persons (AARP) and the Illinois Association of Area Agencies on Aging.

Click here for the full article

In a new initiative to improve health care, Medicare will no longer pay hospital costs of treating illness, injuries or infections resulting from medical mistakes or negligence. By not paying the extra costs of treating preventable injuries or illness in hospitals, the lives of many patients and millions of dollars can be saved. Currently, Medicare pays for treatments resulting from medical malpractice and negligence. Private insurers are considering following Medicare's lead, which could greatly increase benefits and savings for patients and make insurance less expensive and more accessible.

Preventable conditions that will no longer be covered include bedsores, or pressure ulcers, injuries or death caused by falls and unnecessarily contracted infections. This will force doctors and hospitals to take more care in following policies and procedures to prevent these types of avoidable errors. Hospital advocates have tried to fight back, making claims that some injuries, such as pressure sores, are unavoidable. However, Levin & Perconti recently settled a case for $1 million in which a nursing home claimed that pressure sores were unavoidable. This theory proved false when the paraplegic patient was treated somewhere else and the pressure ulcers healed. This initiative is a federal recognition that many illnesses and injuries are caused by hospitals and doctors not following policies and procedures or meeting the standard of care. Because pressure ulcers are not covered by Medicare, for instance, the federal government is acknowledging that they are, in fact, avoidable and a result of negligence.

Click here for the full article

The governor of Illinois recently signed legislation that will require nursing homes to be equipped with air conditioning and heating in order to protect nursing home residents from extreme heat and cold. All bedrooms and common areas must be air conditioned and heated. The Illinois Department of Public Health is to monitor the plans for air conditioning and heating systems in nursing homes. The governor stated, "Illinois weather can be extreme. It's hard to imagine that senior citizens in nursing homes may not have something as fundamental as heat or air conditioning." It is hard to imagine that this law is even necessary in the first place. Lack of heating and air conditioning in such extreme weather can pose serious health risks and can be an example of nursing home abuse and neglect. Unfortunately, the rights of seniors are constantly overlooked. This law is an encouraging step in the right direction.

Click here for the full article

It is important for families of nursing home residents to be aware of an important issue: signing nursing home agreements can wind up ultimately costing you large sums of money. The Elder Law Minute brings to discussion the fact that unfortunately, many nursing home admittances occur after a rushed discharge from a hospital, resulting in family members being forced to hurriedly sign mounds of paperwork. In some instances, family members signing papers as the "responsible party" guarantees that the resident's fees must be paid in full- if not from the resident, then from the responsible party. In the Nursing Home Care Act, a nursing home that participates in the Medicare or Medicaid program must not require a third party to guarantee payment. This is why it is important to make sure that paperwork is reviewed by an elder law attorney.

The Center for Medicare and Medicaid Services has proposed a new rule that will require hospitals to pay for their own mistakes instead of profiting. As of October 2008, Medicare will no longer pay for six hospital-acquired conditions. These conditions force patients to have longer stays in hospitals, consequently adding to their medical bills.

Pressure ulcers, two hospital-acquired infections, air embolism, blood incompatibility and objects left behind in surgical patients will no longer be valid conditions for Medicare reimbursement.

Click here to view the full article

The Illinois Senate passed HB 1798 on Thursday, May 17 by a vote of 31-23. The bill now heads to the Governor for signing. If passed, the bill would allow damages for grief, sorrow, and mental anguish for the wrongful death of a loved one.

A roll call on this vote can be found here.
For more information on the bill.

The Illinois Senate will be voting on HB 1798 this week. We need you to contact State Senator Susan Garrett now and urge her to vote YES on HB 1798. HB 1798 would allow damages for grief, sorrow, and mental anguish for the wrongful death of a loved one. Senator Garret has indicated that she has heard from many doctors regarding their opposition to this bill. Senator Garrett’s phone number is (847) 433-2002.

For more information on the bill.

The NCCNHR has provided sample letters of support to help people frame their messages to their representative to support the Elder Justice Act (HR 1783). The Act is a bipartisan bill with both Republican and Democratic sponsors in both houses.

To view the sample letter.

In a case of nursing home abuse and neglect, the home failed to supervise residents who were identified or met the criteria of high risk for falls. This failure resulted in several residents suffering falls that required hospital treatments.

The Illinois Department of Health produces quarterly reports on nursing home violators. To access the website click here.

Nursing home workers who employ physical restraints and seclusion when treating residents and patients must undergo new, more rigorous training to assure the appropriateness of the treatment and to protect patient rights. The new training should help nursing home residents who may suffer from nursing home abuse when employees forcefully place restraints on residents.

For the full article.

Vital life-dependent medical devices are poorly tracked in the United States, unnecessarily risking patients’ lives. For example, a 39 year-old Utah woman received a Guidant implant pacemaker device in 2003. The woman was never notified that Guidant, with the FDA’s full knowledge, had issued safety advisories for her new pacemaker. She lived with the faulty device until complications forced its removal in 2004 – the same year that Guidant issued a recall of the device. The recall was not soon enough: the Utah woman’s use of the faulty device exacerbated her already fragile condition.

The FDA needs to be stricter with forcing recalls. Need statistics for proof? There are approximately 8,000 new medical devices marketed in the U.S. each year. There are approximately 200,000 adverse event reports received by the FDA yearly. Only 1,000 medical devices are recalled each year.

For the full article.

On Tuesday night, the residents and staff of the Piatt County Nursing Home held an impromptu party after learning that Piatt County voters approved a ballot question increasing funding. The ballot initiative proposed a new property tax to help support the facility. Property taxes will increase by 10 cents per $100 of equalized assessed valuation. Money from the new tax will pay for remodeling, increasing the number of private rooms, and the addition of a new 30-unit assisted living facility.

As we know, nursing home neglect is often blamed on under-funding which contributes to low staffing levels. It looks like the voters in Piatt County wanted to avoid such under-funding in their area and took appropriate action to do so.

For the full article.

A reminder from a previous post, call your Senator and ask them to support The Elder Justice Act (S. 2010). Congress is expected to return to work soon following yesterday’s election and one unfinished piece of business is passing the Elder Justice Act. A strong effort is being made to pass the Senate version and then send it on to the House for a vote. The bill has badly needed provisions to protect residents from nursing home abuse and neglect.

Call the Capitol switchboard number to be directed to your Senator. The number is (202) 224-3121.

In a case of nursing home abuse and neglect, the facility failed to prohibit food service and housekeeping employees from working while the employees experienced nausea, diarrhea and vomiting before and during a shift. This occurred during an outbreak of gastrointestinal illness that affected residents and staff at the facility. The facility also failed to take proper precaution to prevent the spread of the outbreak.

The Illinois Department of Health produces quarterly reports on nursing home violators. To access the website click here.

The home failed to recognize that two staffers abused a resident when the held the resident down and forced a medical treatment. The resident suffered emotional and physical harm.

The Illinois Department of Health produces quarterly reports on nursing home violators. To access the website click here.

The home has been fined $22,500 for negligently failing to ensure that each resident was adequately supervised and monitored to prevent resident to resident abuse. This failure led some residents to fear they could not be protected from a resident who showed aggressive behavior.

The Illinois Department of Health produces quarterly reports on nursing home violators. To access the website click here.

A Minnesota article recently reported that the Bush administration plans to cut Medicaid funding for nursing home care by $1.5 billion per year. Unless the U.S. Congress takes blocking action, the administration intends to issue regulations that would cut in half an established Medicaid funding mechanism, from 6% to 3%. Since the government does not currently provide enough funding to employ optimal staffing levels, this funding cut could be detrimental. Staffing shortages contribute to a great number of nursing home abuse and neglect incidents.

For the full article.

The Illinois Department of Health has recently proposed changes to five parts of the “Skilled Nursing and Intermediate Care Facilities Code.” The amendments propose the following modifications: changes to documentation requirements, applicant qualifications, charity care policy, ownership commitment, and project completion.

For the full article.

One step in protecting residents against nursing home abuse and neglect could rest in the rigorous performance of background checks on employees. Facilities that do not have implemented safeguards or protections are vulnerable to exploitation of residents. The Illinois Department of Public Health has recently proposed amendments that would require all facilities to comply with the Health Care Worker Background Check Code. The Code requires health care employees to refrain from knowingly employing a person in a direct care position if the person was convicted of committing or attempting to commit any offense specified in the statute.

For the full article.

As previously reported in a recent entry, sex offenders and parolees are a growing problem in long-term care facilities. The Department of Public Health has responded by recently adopting amendments to the Illinois Administrative Code that requires certain long-term care facilities to notify local law enforcement and residents once an identified sex offender is admitted to the facility. The facilities are also required to develop emergency contingency plans to be routinely renewed. Additionally, the amendments require that all employees who have contact with patients undergo a criminal background check. These new amendments apply to supportive living facilities, skilled nursing and intermediate care facilities, sheltered care facilities, Illinois Veterans’ homes, intermediate care for the developmentally disabled facilities, and long-term care for under age 22 facilities.

To read the Amendments.

The Department of Aging recently adopted amendments to the Illinois Administrative Code for Elder Rights, expanding the current training and education requirements. The program aims to reduce elder abuse, including nursing home abuse and neglect, by making more information available to the public, tightening enforcement of current anti-abuse laws, and providing follow-up services provided to an abused, neglected, or exploited victim.

To read the Code on Elder Abuse and Neglect.

The facility neglectfully failed to supervise a resident identified at risk of leaving the building, and that resident left the building three times without the knowledge of the staff.

The Illinois Department of Health produces quarterly reports on nursing home violators. To access the website click here.

The landmark Illinois Home Health, Home Services, and Home Nursing Agency Licensing Act will take effect September 1, 2008. Under the new law, agencies will be licensed as one or more of the following entities: Home Health, Home Nursing, and/or Home Services. The regulations are designed to protect the senior consumer. Under the Act, the agency will have to comply with a set of standards and will submit to specific training and supervision requirements.

The Illinois HomeCare Council, Life Services Network, and the National Private Duty Association are hosting the following information seminars on the new law: 10/4/2006 in Mt. Vernon, Illinois, 10/5/2006 in Springfield, Illinois, 10/10/2006 in Rockford, Illinois, and 10/12/2006 in Deerfield, Illinois.

To register.

Urge Your Members of Congress to Support Passage This Year!

The Senate Finance Committee last week unanimously approved the Elder Justice Act, paving the way for it to be voted on by the full Senate in September and to be taken up in the House of Representatives before the end of the year. The legislation has undergone substantial revisions since it was first introduced in 2002, but it is still one of the strongest nursing home-related bills in years.

Former Sen. John Breaux (D-LA), who was the original sponsor of the bill, was in the Finance Committee audience August 3 when the committee met to mark it up. Sen. Orrin Hatch (R-UT) and Sen. Blanche Lincoln (D-AR) are the current sponsors.

Provisions particularly significant to nursing home residents and advocates are described below.

Continue reading "Senate Finance Committee Unanimously Approves Elder Justice Act" »

Gov. Rod Blagojevich signed a bill that will keep nursing home residents safer by requiring criminal background checks for all current and incoming Illinois nursing home residents. The bill requires the state’s 1000 nursing homes to identify sex offenders and violent felons. The bill is an answer to rapes and beatings that have occurred throughout Illinois. In 2005, the Chicago Sun Times released an expose of sex offenders and parolees living in Illinois.

Article here

Illinois is the first state requiring criminal background checks for admitted residents. The bill is needed in Illinois, which ranks second only to California in the number of known felons and sex offenders per resident. (70 known felons and sex offenders, out of the state’s 100,000 residents).

For the full article.

The Act

For an explanation of the act, visit our blog entry.

In response to states drafting false claims acts that are not at least as strong as the federal False Claims Act, the government is providing an incentive for states to strengthen and pass these laws.

As part of the 2005 Deficit Reduction Act (DRA), the government will provide a 10 percent increase in the state's share of Medicaid fraud recoveries if their laws are at least as strong as the federal False Claims Act.

For more information:
http://www.taf.org/cashbackstatefca.htm

Widespread publicity over sex offenders in nursing homes has prompted the village of Frankfurt to propose an ordinance that would impose the following:
•Ban treatment of registered sex offenders or anyone with mental illness, drug or alcohol abuse at nursing homes within the village
•Prohibit any nursing home resident from leaving a facility without an escort.
•Licensing and inspection by the village, in addition to state regulation
•Mandate security cameras and alarms on each entrance and exit door