January 31, 2010

National LTC Ombudsman January Gazette on Nursing Home Abuse

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

November 26, 2009

The November NCCNHR Gazette is Ready to Read

The National Consumer Voice for Quality Long-Term Care has issued their November Gazette newsletter. This is a great resource for nursing home advocates and ombudsmen. It highlights recent legislation and current issues in nursing home health care. To read the November issue, please click the link.

October 7, 2009

Residents Rights Week is celebrated by NCCNHR

The National Consumer Voice for Quality Long-Term Care has designated this week as Resident’s Rights Week. Residents’ Rights Week is celebrated the first full week in October each year to honor residents living in all long-term care facilities. It is a time for celebration and recognition. This is also an opportunity for every nursing home to focus on and celebrate awareness of dignity, respect and the value of each individual resident. Ombudsmen, citizen’s advocacy groups, family and residents councils and long-term care facilities across the country are honoring residents with several events. NCCNHR has put together five ways to participate in resident’s rights week. First visit a resident of a nursing home. While there, encourage a facility to use one of the activity examples from NCCNHR’s Residents’ Rights Week packet. Also you should educate families and the community about Residents’ Rights by writing a letter to the editor of your local newspaper about Residents’ Rights. Finally host a residents’ rights week event. To read more about ways to celebrate residents’ rights week, please click the link.

September 25, 2009

The National Consumer Voice for Quality Long-Term Care Issues Newsletter

The National Consumer Voice for Quality Long-Term Care has issued their September Newsletter. The newsletter discussed the recent budget cuts to Illinois Ombudsmen Programs. On October 1, planned state budget cuts will significantly reduce funding to Illinois’s long-term care ombudsmen program. These budget cuts will place further strain on the program that helps prevent nursing home abuse and neglect. The budget cuts will reduce funding from $2.34 million to 1.9 million. This will inevitably mean a decrease in ombudsmen, who routinely address the questions and concerns of residents. The president of the Illinois Association of Long-Term Care Ombudsmen stated that the regular presence of an ombudsman is vitally important especially for those who do not have family and friends to advocate on their behalf. The decrease of ombudsmen will reduce the amount of help that elderly residents receive in nursing homes. The newsletter also discussed that nursing home executives are excluded from federal health care programs and the fact that the inspector general has released reports on hospice in nursing homes. To read the entire newsletter, please click the link.

September 14, 2009

Illinois Ombudmen are Vital to Nursing Home Care

Illinois ombudsmen help the staff understand the rights of residents. In order to make sure those residents’ rights are upheld, the agency sponsors the Long-Term Ombudsman Program which covers 16 counties in Illinois. It serves residents age 60 in over 139 licensed health facilities, 11 assisted living facilities and seven supportive living facilities. There are 10 long-term facilities in Vermillion County that benefit from the ombudsmen work. They aid in issue such as nursing home abuse and neglect. They refer the worse cases of nursing home abuse to the Illinois Department of Public Health. The paid staff with the ombudsman program visits the facilities once every quarter, or four times a year. Residents are urged to call the ombudsman’s office if problems cannot be resolved. One can become an ombudsman by completing an application and interview process. They then have to go through basic training and mentoring. Currently, Vermillion County has one community ombudsman. To read more about how to become an ombudsman, please click the link.

September 8, 2009

Budget Cuts to Reduce Nursing Home Advocate Program

Elderly people across Illinois may suffer when budget cuts are scheduled to take effect October 1. These budget cuts will reduce the number of trained advocates who visit nursing homes to expose and prevent elderly abuse and neglect. The president of the Illinois Association of Long-Term Care Ombudsmen is very worried about the effect that these cuts will have on nursing home care. The 19 percent funding cut will result in layoffs and reductions in staff hours for people who regularly visit facilities. The regular presence of ombudsmen is vitally important to those residents who are unable to speak on their own behalf. Long-term care ombudsmen, who are not state employees, inform residents and families of their rights, resolve care-related problems and help protect residents from financial abuse by relatives. They also assist residents and families in filing complaints with the Illinois Department of Public Health about nursing home care. To read more about the budget cuts, please click the link.

October 9, 2008

Celebrate Long-Term Care Resident’s Week

Across the country resident’s of nursing homes will honor the individual rights of long-term care residents by celebrating Resident’s Right’s Week from October 5 to the 11th. Designated by the National Consumer Voice for Quality Long-Term Care, the week highlights the importance of resident participation in discussions about improving the quality of care in their long-term care facilities. There are currently some 2.7 million Americans living in 62,000 nursing homes, assisted living facilities, and board and care homes across the country. The theme this year is “Recipe for Home: Defining and Creating Home in Long-Term Care Facilities” focuses on increasing awareness of residents’ right to live in a home and promote culture change by encouraging facility staff to let residents make decisions about what makes them feel at home and implementing those decisions. In this model, the voice of the resident and those closest to them is honored and respected. To read the full story, click here.

| Share
June 23, 2008

New Help in Evaluating Nursing Homes

When 84-year-old John DeBias’ health began declining a few years ago, he was forced to abandon his condo in Florida and return to Carpentersville, Illinois, to live with his daughter. However, five months ago, John broke his leg and then suffered a heart attack during surgery and, as he continued to get worse, living with his daughter, Karen, a single working mother, became impossible since she simply did not have the time to devote to her ailing father and in-house health care was not enough. It was then that John was forced to move into a nursing home. Since January, John has lived in multiple Illinois nursing homes. He is finally in one that works for the family, but getting there was difficult. Most of the nursing homes put a good show on for the residents’ families, but care ends up being inadequate and seniors are left to fend for themselves more than they are able. A stint in one nursing home left John with weight loss of 13 pounds in two weeks, urinary tract and yeast infections, a shoulder injury from being pushed and pulled around, dehydration and malnutrition, and pressure sores.

Unfortunately, this is not a unique story for nursing home residents. In 2003, nation-wide state Long Term Care Ombudsmen programs collectively investigated 20,673 complaints against nursing homes and board and care residents. The Nursing Home Transparency and Improvement Act of 2008 is aimed at improving consumer knowledge about the quality of nursing homes. Some ways the Act is achieving that goal is by: (1) posting nursing home ownership details, a standard complaint form, and links to inspection reports on www.medicare.gov; (2) increasing the maximum fines from $10,000 to $100,000 for any nursing home deficiency that results in a death; and (3) independently auditing nursing home chains, allowing closer watching of chains that have failed to comply in the past. In addition, separate from the legislation, there will be a website by the end of the year that evaluates nursing homes on a five-star rating system.

Read more here.

April 29, 2008

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.

April 25, 2008

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.

April 18, 2008

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.

February 10, 2008

How to aviod elder financial exlploitation by a caregiver

Financial exploitation and abuse is the most common form of elder abuse reported and investigated in Illinois. Recently, the caregiver of an 83-year-old man was found forging checks in the man's name. Workers at the Sugar Grove, Illinois bank noticed the irregularities in the checks and notified police. The caregiver is being charged with forgery and financial exploitation of an elderly/disabled person. The elderly aren't always lucky enough to have outsiders discover the source of exploitation. Here are a few ways to protect yourself or a loved one when hiring a caregiver:

-Check the backgrounds and references of future employees
-Allow another person (friend, family, lawyer) to have access to bank accounts to monitor spending
-Tell the bank that a caregiver will be handling some financial transactions and to monitor them
-If employing a caregiver or other worker in the home, secure personal information
-Never give bank account or credit card information over the phone
-Shred or get rid of papers with personal and bank information

Click here for the full article

February 8, 2008

Kane County IL sets a good example, but elder abuse and neglect laws need to be stronger

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

February 7, 2008

Quincy, Illinois elder services officer investigates abuse and protects elderly

The police department of Quincy, Illinois has a well-established Senior and Family Resource Center that has recently appointed a new elder services officer, Detective Tom Liesen. Elder abuse and neglect, home repair fraud, and financial exploitation of elders are some of the areas that Detective Liesen investigates. He has been trained in elder services and regularly attends elder rights conferences. Liesen also visits nursing homes to speak with residents and staff and has investigated cases of nursing home abuse and neglect. He said, "When you see the pictures of bedsores, it's shocking. It's sad because you realize that one little bit of care could have prevented that." Detective Liesen provides a much needed service to his community and has set an example for other Illinois communities to follow. Protecting the elderly should be a priority in every town and city.

Click here for the full article

January 18, 2008

Nursing Home Abuse: What you can do to make sure your loved one is not a victim

At the North Shore Senior Center in Northfield, Illinois, Steve Levin spoke to a group of senior citizens on the dangers of Illinois nursing home abuse and neglect. Addressing the Men's Club at the Center, Steve advised the seniors to take care in choosing the right nursing home. Specifically, Steve recommends investigating whether the home is frequently cited by the Illinois Department of Public Health (IDPH), visiting the home to see what is actually going on there, and inquiring of the home whether they have any liability insurance.

Steve also recommended reporting nursing home abuse and neglect to the IDPH and contacting a nursing home lawyer if you suspect a loved one is being abused and neglected.

January 15, 2008

Democrats seek release of the names of more bad nursing homes

Knowing which nursing homes are bad can be valuable information for a family seeking long-term care for an elderly loved one but concerned about issues like nursing home abuse and neglect. Recently, the Centers for Medicare and Medicaid Services announced the names of 54 nursing homes that had ranked as one of the worst in their state. Proper administration of medication to patients, appropriate assistance with activities of daily life and concern for the prevention of malnutrition and dehydration are examples of what inspectors look for in nursing homes. Inspectors also look for signs of nursing home abuse and neglect such as failure to maintain resident safety and prevent accidents, such as falls, infections, bed sores and other problems elderly people are susceptible to.

The list published by CMS containing the names of 54 nursing homes is actually a sample of 128 "special focus facilities", or homes that were identified as in need of more oversight. CMS says that the rest of the facilities were not identified because during the six months after being titled a "focus facility" they showed improvement. Democratic legislators, however, are demanding that all of the names be released in order to protect nursing home residents. Most nursing homes have around 6-7 deficiencies identified during inspection, but the ones on the list had twice as many or more. Unfortunately, no national standard has been set for the investigations so each state has its own parameters. An Illinois nursing home can be considered in terrible condition, but would not qualify in another state. A bill was recently introduced in the legislature to make it mandatory for CMS to publish all of the names, but the issue of discrepancies between states' standards is an issue that should be addressed by congress.

Click here for the full article

January 8, 2008

20th anniversary of nursing home reforms reevaluated

Twenty years ago, Congress passed the Omnibus Budget Reconciliation Act (OBRA) and it is now time to review its successes and failures in order to improve the quality of nursing home care. OBRA regulates inadequate nursing homes by either shutting them down or allowing well-performing nursing home care providers to take over substandard facilities. However, the system in place requires that those who take over failing homes must be responsible for the liabilities that the previous management had incurred, including fines, penalties and deadlines to correct certain problems, including issues regarding nursing home abuse and neglect. Because the new management must take on these liabilities there are less resources to dedicate to improvement of the quality of care. The American Association of Homes and Services for the Aging (AAHSA) has strongly urged congress to pass legislation regarding "the counterproductive nurse aide training lock-out, the need for joint training of nursing home and surveyor staff, allowing states to demonstrate alternative quality assurance systems, facilitating new ownership for chronic problem homes, and using civil money funds to improve nursing home quality."

Click here for the full article

January 7, 2008

Register Now for Andrews 2008 Nursing Home Litigation Conference Featuring Lawyers from Chicago Law Firm Levin & Perconti

Chicago nursing home attorneys Steven M. Levin and Michael F. Bonamarte will be featured speakers at the Andrews Nursing Home Litigation Conference this February in Sanibel Island, Florida.

Steven M. Levin, Founding Partner at Chicago-based Levin & Perconti is the Co-Chair and moderator of the conference. Michael F. Bonamarte, an Associate at Levin & Perconti will address the conference on the issue of Unavoidability.

The conference will begin Thursday February 28th and end Friday February 29th. This interactive conference is designed for both plaintiff and defense lawyers who litigate nursing home abuse and neglect cases.

There are three easy ways to register for the conference: 1) Call 1-800-328-9352; 2) Fax 651-687-4111; or 3) Go to west.thomson.com and enter OFFER NUMBER 563293 (Click here for this option).

Click here for the conference brochure, listing the featured speakers and topics, hotel accomodations information and more!


October 24, 2007

NJ LPN charged with 19 counts of elderly abuse and neglect

The abuse of the elderly by nursing home staff rose to new heights as a licensed practical nurse in New Jersey repeatedly abused and stole from nursing home residents over a period of four years. 28-year old Devin Bonsall worked in eight different nursing homes in New Jersey from 2003 to 2007. She was finally caught after an investigation by the New Jersey Office of the Ombudsman for the Institutionalized Elderly. A nurse investigator was able to pick out a pattern regarding several complaints from family members, social workers, anonymous callers, and the facilities themselves. In all the complaints, the nursing home staff would pinch and slap the victims. From these intial reports, the Office of the Ombudsman was able to connect Devin Bonsall to the more serious offenses.

This is not the first time Devin Bonsall has run in with the law. In November 2003, she was charged with two counts of elder neglect, two counts of theft of a controlled dangerous substance, and two counts of possession of a controlled dangerous substance. Despite these serious charges in her previous history, it is currently unclear how she was able to find jobs at the various other facilities where she continued to abuse and neglect the elderly.

Click here for the full article.

August 16, 2007

New blog provides information for elders and advocates

"Who Moved My Dentures? Musings on Aging" is a new blog that has proven to be relevant, informative and straightforward. Author Anthony Cirillo, author of a book with the same title, is an elder advocate who works to assure the dignity and respect of seniors. Postings cover many topics including nursing home and long-term care information.

Click here to read the blog