Illinois Nursing Home Abuse Blog

Norovirus appears to be spreading nationwide in nursing homes. Norovirus is the bug that causes a nasty stomach ailment. The Center for Disease Control and Prevention has asked state health officials to document outbreaks for a report to be issued soon. Typically, Norovirus hits nursing homes, day care centers, hospitals, and other group settings in the winter. It plagues cruise ships year-round. The virus is extremely contagious and is transmitted through close contact with infected people or digesting contaminated food. Its symptoms include nausea, vomiting, diarrhea, stomach cramps, and low-grade fever. Unfortunately, there is no treatment. Experts recommend handwashing and good sanitation to prevent the virus from spreading.

For the full article.

Because there is no federal law prohibiting nursing home abuse and neglect, government attorneys have utilized a financial fraud statute to address nursing home abuse and neglect. The False Claims Act prohibits the knowing submission, or causing the submission, of false claims to the government. Each false claim submitted is subject to treble damages and a penalty of between $5500 and $11,000.

Continue reading "An introduction to the False Claims Act" »

As we know, elderly citizens are often financially exploited. A recent Illinois nursing home abuse case reminded us that even when supposedly safe in a nursing home, elder citizens fall victim to financial exploitation. California enacted a new law requiring banks to report suspicious financial activity involving elderly clients and it has already reaped results!

An 83 year-old man who almost lost $700,000 to an unethical niece now has most of his money back. A bank employee saw suspicious activity on the account and contacted the police. They subsequently put a freeze on the account.

For the full article.

A recent report addressed the findings from a study based on data from a national survey of low- and middle-income households. The report showed that families using credit cards to pay for their health care are sinking in debt and hurting their ability to obtain needed care. The report stated that low- and middle-income households with medical debt carried an average $11,623 of credit card debt, compared with $7,964 for those without medical debts on their credit cards. This makes these people more likely to have personal bankruptcy issues.

For the full article.

Every Medicare Part D plan offers an “Exceptions” process where enrollees can challenge the plans’ decisions. Exceptions are a way to get Medicare Part D plans to reconsider such things as covering a drug that isn’t on their list of covered drugs. Exceptions can also be used to get a plan to put a drug in a different co-payment tier, provide a different dosage, or provide a drug without pre-authorization. While exceptions may be requested by the enrollee, their appointed representative, or their physician, a supportive statement from the physician is required.

When a prescription is not covered by your Medicare Part D plan, the first thing you should do is call your physician and tell your doctor why your prescription was not covered. You or your physician may then call the plan and request an exception. Once an exception is requested, the physician must provide information to the plan detailing why this particular drug is needed by the enrollee. Decisions must be made within 72 hours of the request, but the physician can also request a more quick decision if it is medically necessary.

For more information.

One of the nation’s largest suppliers of pharmaceutical services to the elderly will pay $49.5 million to settle Medicaid fraud claims. Chicago lawsuits charging the company with fraudulent acts were filed by the federal government and two whistleblowers. The lawsuits alleged that the company gave Medicaid patients more expensive drugs than it needed to, which allowed them to increase the amounts it charged Medicaid by millions of dollars. This Chicago lawsuit was based on a wide-ranging investigation involving state officials in many states throughout the U.S. As indicated in this case, the role of corporate insiders, who blow the whistle on companies that cheat the government, is essential to justice.

Pharmaceutical companies that belong to the International Federation of Pharmaceutical Manufacturers & Assns. must adhere to a newly revised code of ethics. Among the requirements, pharmaceutical companies are forbidden from giving docs money or other gifts that might influence drug choices, such as paying for trips to golf resorts or luxury hotels. The ethics code had not been update in a decade and now applies to 26 member companies, including Pfizer.

For the full article.

Two popular Parkinson’s disease treating drugs, Permax and Dostinex, can seriously damage heart valves. Permax is approved in the U.S. and overseas, but Dostinex is only approved in the U.S. for hyperprolactinemia, a hormonal disease. Permax carries a black-box warning label and a milder warning was added to Dostinex just last month. One doctor is quoted as stating doctors should not prescribe these drugs with the risk of heart valve disease being extraordinarily high.

For the full article.

An Iowa family that fell ill at a Florida hotel only a week before a man who stayd in the same room died of carbon monoxide poisoning has filed a personal injury lawsuit against the hotel. The family was treated at a local hospital less than a week before the subsequent resident died from inhaling carbon monoxide fumes that came from a boiler adjacent to his room.

For the full article.

Family Dollar Stores has voluntarily recalled about 35,000 Oscillating Ceramic Heaters. The heaters can overheat and smoke, posing a fire hazard to consumers. For more information.

The woman’s son still recalls in disbelief the nursing home neglect that he witnessed in December during a snowstorm in Colorado. The son was working and a nursing home employee wheeled in his disoriented mother, handed him a bill for services unpaid, and left. The son states that he talked to the nursing home facility an hour prior to confirm an appointment to discuss payment options, but employees never mentioned that they would be dropping off his mother and her belongings. The woman died 9 days later.

As we know, nursing home care is extremely costly. This treatment from nursing home facilities in response to unpaid bills is frightening.

For the full article.

An elderly Montana woman who suffered second- and third-degree burns after a fire in a nursing home died earlier this week. Fire investigators are still trying to determine the fires cause, but suspected it involved cigarette smoking where oxygen was being used for health reasons.

For the full article.

An 81-year old woman, represented by Susan Novasad and John Perconti of Levin & Perconti, recently filed a lawsuit against a Chicago Heights nursing home, alleging Illinois nursing home abuse and neglect. The woman resided at the nursing home for only two months and suffered falls and numerous bedsores.

For the full article.

An investigation has begun into whether a 71 year-old resident of a nursing home died as a result of Illinois nursing home abuse and neglect. The 71 year-old man resided in a Chicago suburban nursing home. The detective stated that they have reason to believe that Chicago nursing home neglect played a role in the man’s death.

For the full article.

The daughter of a Pennsylvania nursing home abuse and neglect victim recently testified that her mother’s care worsened throughout her stay at the nursing home. She states that she would at times find her mother neglected and soaked in her own urine. The administrator of the nursing home is charged with nursing home neglect and involuntary manslaughter. The nursing home abuse and neglect victim who suffered from Alzheimer’s wandered from the home and died.

The daughter further indicated that nursing home staffing levels were never consistent. She states that there was sometimes a nurse that was shared with other units, but sometimes there was not a nurse at all. After employees carried the victim’s body back to her room, the administrator allegedly told employees to cover up the death and tell the family that she died in her sleep.

For the full article.

A California nursing home president has been charged with failing to pay more than $10 million in payroll taxes. He faces 109 counts of failing to pay taxes from the wages of his employees from 1998 to 2005.

For the full article.

A reminder from a previous post: The National Academy of Elder Law Attorneys, Inc. is hosting their annual Illinois Chapter meeting tomorrow, Friday, January 12, 2007 at 12:30 p.m. CST. The meeting will occur at LaSalle National Bank, 135 S. LaSalle Street, 18th Floor, Conference Room C.

To participate via telephone, you can call (888) 447-7153 and enter 3983990#. NAELA is a non-profit association that assists lawyers and other organizations specializing in elder law, including nursing home abuse and neglect.

The National Center for Health Statistics recently released the facility data tables from the 2004 National Nursing Home Survey online. The tables include the following information about nursing homes: characteristics, staffing, management, programs, services, and employee vaccinations. With the constant fears of nursing home abuse and neglect, the tables are especially useful for families researching a home for a loved one.

To view the tables.

1. Cordless Reciprocating Saws: DEWALT Industrial Tool Co. has voluntarily recalled about 44,000 DEWALT DC305 Model Reciprocating Saws. The switch on the saws can cause a short circuit, posing a fire hazard. For more information.

2. Christmas Light Sets: Hobby Lobby Stores, Inc. has voluntarily recalled about 2.3 million sets of Hobby Lobby Christmas Light Sets. The lights have undersized wires which can separate from the plugs and/or the light sockets, posing an electric shock and fire hazard. For more information.

The National Academy of Elder Law Attorneys, Inc. will be holding their annual Illinois Chapter meeting this Friday, January 12, 2007 at 12:30 p.m. CST.The meeting will occur at LaSalle National Bank, 135 S. LaSalle Street, 18th Floor, Conference Room C. To participate via telephone, you can call (888) 447-7153 and enter 3983990#. The