Mental Health Nursing Home Frequently Troubled by Poor Sanitation and Resident Suicide

A mental health nursing home has made the news for two colossal problems: frequent resident suicide and unsanitary conditions. Multiple residents in the past year have attempted suicide and the state inspectors believe mental health nursing home abuse and neglect may be the culprit. For instance, two residents jumped from a window and were severely injured in the mental health nursing home and one resident died in the nursing home and was not noticed for 36 hours. These incidents are clearly signs that something has gone terribly wrong. Another resident was found living in a room with a dirt floor, covered with earthworms. The state has opened a major investigation into the home.

Read the full story here.

Uninsured Nursing Homes Plague Nursing Home Residents and Families Nationwide

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.

Centers for Medicare and Medicaid Services Adds New Website to Disclose Bad Nursing Homes

The Centers Medicare and Medicaid Services Nursing Home Compare website has added a new section that allows viewers to see information on nursing homes and identify homes that have drawn increased federal scrutiny for complaints and other forms of nursing home abuse and neglect. The website includes a listing of Special Focus Facilities which are nursing homes that receive increased federal inspection as a result of past poor performance. Notably, five Illinois nursing homes made the list. Embassy Health Care Center in Wilmington, IL and Harrisburg Care Center of Harrisburg, IL are both on the “not improved” list. Facilities that have shown improvement include Alden Park Strathmoor in Rockford, Berkshire Nursing & Rehab in Forest Park, and International Village in Chicago.

See here for the report and view the website here.

Illinois Nursing Homes at Risk with Threats in Medicaid Reductions

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.

US Senate Begins Consideration of Nursing Home Transparency and Improvement Act

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.

Profitability of Nursing Home Real Estate Investment Trusts on the Rise

Real Estate Investment Trusts (REITs) have grown in popularity as the managing or owning entity for Illinois nursing homes. The REIT purchases and manages the nursing home facility as an investment property, usually as part of a larger portfolio of other nursing homes and hospitals. Nursing home and healthcare REITs are considered profitable investments and regarded by some as a quality investment in today’s market. This raises a new question in the continuing debate about nursing homes and the struggle between profit margins and resident care. For residents, a financially-successful nursing may provide better care and attract better employees. However, Illinois nursing home residents have seen that profitability does not always guarantee quality resident care. Large chains like Alden Nursing Homes and ManorCare nursing homes, now part of the Carlyle Group, still have frequent complaints of nursing home abuse and neglect and often have nursing home abuse and neglect lawsuits filed against them despite the success of their business models.

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Nursing Home Lobbyists Want to Limit Nursing Home Residents’ Access to the Justice System

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.

Nursing Home Staffers and Doctors Underpaid Compared to Counterparts

A recent article on the growing numbers of US seniors highlights a major problem with the US nursing home and senior care industry: nursing home staff members are woefully underpaid despite providing essential life assistance for nursing home residents. Doctors who specialize in geriatric medicine are paid less than their general practice counterparts and far less than other specialties in medicine. The failure of the US nursing home industry to pay staff well is often one of the major underlying causes of nursing home abuse and neglect because homes are not able to attract and retain nursing staff without offering competitive salaries. Additionally, nursing homes may face increased claims of nursing home abuse and neglect, as well as medical malpractice, if geriatric medicine continues to lose talented professionals to other specialties.

See the full article for more information here.

What to do in a Nursing Home After an Earthquake

After Illinois experienced an earthquake today, it is important to know what nursing homes should do in the event of an earthquake to ensure resident safety and prevent nursing home injuries. The Central United States Earthquake Consortium has a useful publication on nursing homes and earthquakes. Luckily, nursing homes tend to have fewer structural obstacles than hospitals. However, it is not unlikely that a nursing home in Illinois has not prepared an earthquake plan. Nursing homes should be sure to secure nonstructural items like bookshelves, pianos, and large room dividers that could shift during an earthquake and cause nursing home resident injuries.

For more, click here.

Husband’s Vigilance Ensures Quality Nursing Home Care for Wife

A recent article on a Santa Barbara man provides an excellent example for Illinois families with loved ones in nursing homes. The man’s wife is confined to a nursing home facility because her MS is advanced. Her husband has become her most important advocate and lifeline, maintaining constant contact with the nursing home facility, providing oversight of the staff’s care, and often butting heads with the nursing home’s management to prevent nursing home abuse and neglect.

This story highlights how difficult family roles become when a loved one requires constant care. In this case, the man’s role changed quickly from being his wife’s primary advocate to assisting with her daily care, to taking on the nursing home management to fight for his wife’s rights to be free from nursing home abuse and neglect. Families should remember that they are not alone: Illinois has a nursing home ombudsmen program designed to help advocate for nursing home residents. Nursing home abuse and neglect lawyers can often achieve results that families may not be able to, especially when their loved one has suffered nursing home abuse and neglect.

For the complete story, click here.

Police Arrest Assisted Living Facility Staff for Using Facility as a Drug Front

A southern police department has arrested five assisted living facility staffers after reports that staff members at the facility were selling drugs. The staff members were arrested while two seniors were in the facility.

Increasing reports of staff misconduct and nursing home abuse and neglect at nursing homes and assisted living facilities have raised consumer awareness about the safety and security of their family members. It is very important to check out a facility for previous reports of nursing home abuse and neglect.

For the story, click here.

Nursing home lawsuit will be filed after two nurses are indicted at Woodstock Residence

Attorney Steven M. Levin will file a nursing home neglect lawsuit in Cook County on behalf of the family of a 78-year-old woman who died at Woodstock Residence. Two nurses from the facility were criminally indicted for elder abuse and neglect.

See the full press release here.

Incidents of Abuse at Assisted Living Facilities on the Rise

Assisted living facility residents are increasingly in danger as incidents of assisted living facility abuse and misconduct by their fellow residents are more common. Recently, an assisted living facility saw two residents arrested in the same day. One resident was arrested for sexual abuse of an assisted living facility resident and the other was arrested for conspiring to sell drugs at the assisted living facility. Both residents have been removed from the facility, but neighbors and the town manager knew of multiple prior problems including failure to supervise residents and wandering.

For the full story, click here.

Nursing Homes Hope to Limit Residents’ Rights; Congress May Take Action

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.

Licenses for 2 charged nurses targeted after suspicious Illinois nursing home deaths

Investigators have asked the state to examine whether the professional licenses should be suspended or revoked for two former nurses at an Illinois nursing home charged with Illinois nursing home neglect after a string of suspicious deaths. The family of a 78 year-old resident, represented by Levin & Perconti’s Steve Levin, announced plans to file an Illinois nursing home neglect lawsuit.

For the full article.

Former nursing home employee claims she was fired for reporting nursing home sex abuse

Former nursing home administrator has filed a lawsuit saying she was fired because she complained that the executive director’s 91 year-old father was sexually assaulting a demented nursing home residence. Her lawyer states that this is a classic whistleblower case where the administrator was fired for sticking up for a patient suffering nursing home sexual abuse.

According to the lawsuit, both the nursing home’s medical director and a licensed psychologist recommended that the 91 year-old be supervised 24 hours a day to monitor his behavior, but the executive director rejected the idea.

For the full article.

Nursing home industry tries to hinder justice in nursing home abuse and neglect lawsuits

Recently, lawmakers debated whether or not to limit damages on nursing home abuse and neglect lawsuits. Families of victims of nursing home abuse and neglect traveled to Capitol Hill to voice their opposition against a bill that would limit damages from nursing home abuse lawsuits. The bill would have placed a $300,000 cap on any lawsuit involving death or injury at a nursing home

For the full article.

Some State Laws Block Public Access to Records of Nursing Home Abuse

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.

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Illinois Elder Abuse on the Rise; Illinois Responds with Task Forces

Elder abuse in Illinois has increased by 53% since 1993 according to the Illinois Department on Aging. In 2007, 9,489 complaints of elder abuse were reported. Unfortunately, the department estimates that upwards of 90,000 cases of elder and nursing home abuse go unreported each year. As the population of Illinoisans over 60 is expected to rise above 3.7 million by 2030, this means that a staggering number of elder abuse cases could go unreported in the near future.

The new law will encourage individual counties to create task forces on elder abuse and will allow investigators to share sensitive patient information with team members, helping to shed light on often unreported cases of abuse. The new Illinois task forces will involve collaboration between medical examiners’ offices, state’s attorneys’ offices, county sheriffs, and the Illinois Department of Public Health and Department of Aging.

For the full story, click here.

State House Would Remove Minimum Care Standards for Nursing Homes

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.

Elder Abusers Increasingly See Jail Time and Criminal Fines

A man who has been accused of running an illegal nursing home facility now faces up to six years in prison and $12,000 in criminal fines. The man is accused of abusing an elderly man in his care at the illegal nursing home facility. The reports of abuse included a tennis ball sized ulcer resulting from a bed sore, extreme weight loss and malnourishment, dehydration, withholding medication, and canceling doctor appointments. During this abuse, the nursing home operator charged the victim’s family $4,000 a month. This story highlights the importance of family members being involved and informed: family members should be sure to stay current with trends in the nursing home industry and learn how to spot signs of elder abuse.

Read the full story here.

Elder Abuse: One Crime Against the Elderly Every 2.7 Minutes

One elderly person is victimized every 2.7 minutes in the United States, according to a recent “crime clock” by the Department of Justice, Office for Victims of Crime. Common types of elder abuse include physical nursing home abuse, financial abuse and exploitation, and other crimes. The Office of Victims of Crime has published this clock to raise awareness about crime frequency as a part of their National Crime Victims’ Rights Week which runs from April 13-19.

See the crime clock here.

Family of Woodstock Residence Nursing Home Victim to File Suit

Steven Levin of Levin & Perconti will represent Virginia Cole’s surviving family members in a nursing home abuse and wrongful death lawsuit. Virginia Cole was one of the victims at Woodstock Residences, the Chicago-area nursing home at the center of a pending criminal trial.

Two former nursing home employees of Woodstock Residences were charged in McHenry County with causing the deaths of four residents at the nursing home. The charges include criminal neglect of the nursing home residents and overmedicating patients with morphine.

At a press conference on Monday with the victim’s son in law, Steven Levin commented on the role of nurse Marty Himebaugh at Woodstock Residences: “The director of nurses at the facility -- and this is a quote from the indictment -- was encouraging Marty Himebaugh to act in a role of angel of death.” Mr. Levin will file suit in the Circuit Court of Cook County shortly.

To read the original article and see video, please click here.

Ex-Nursing Home Employee Arrested

An ex-nursing home employee from Illinois has been charged with neglect and unlawful distribution of morphine in connection with the deaths of six residents. This follows after investigators suspected morphine was involved in the death of six residents in the past three years. The nurse was put on administrative leave in October 2006. Prosecutors declined to comment on any links between the investigation and the deaths. However, this case does illustrate the potential for abuse and neglect in nursing homes.

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Nursing Home Residents File Lawsuit for At-Home Care

Residents forced by state policy to live in a nursing home filed a lawsuit against the state for at-home care. The state policy essentially mandates that Medicaid beneficiaries live in a nursing home instead of providing them assistance while allowing these residents to live in, for example, subsidized housing. The policy has created immense inefficiency because residents receive little spending money to the extent that many cannot afford transportation, phones, or their own food.

The state does provide a limited number of at-home programs that do save money. However, in many cases, Medicaid spends $4,000 per month one a single patient for nursing home care. The same funds could be used to assist those living at home, thereby saving thousands of dollars for Medicaid and providing a higher level of care. Fears over nursing home abuse and neglect have even prevented many individuals that ought to obtain assistance from seeking Medicaid because they will likely be required to live in a nursing home.

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