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.
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.
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.
The wrongful death of an 85-year-old Chicago nursing home resident launched an investigation by The Chicago Reporter to determine the qualities of nursing homes throughout Illinois. The investigation found that the specific South Side nursing home has the worst rating that any home can receive and that residents get less than half the time each day with staff than residents at a predominately white facility in Evanston which is operated by the same owner. If this nursing home negligence lawsuit is filed, it will be the 14th in Cook County court against the Alden nursing homes between 2004 and 2009. That’s more than three times the elderly neglect lawsuits than half of the city’s 91 nursing homes, with the median number being four. Schlossberg has ownership in 30 homes in Illinois. An analysis of those homes revealed that there were racial disparities in the care that that residents received. Each of the three predominately black facilities received the lowest possible nursing home rating. The two facilities with the highest ratings had 84 percent white residents. Residents at the predominately black homes received much less staff time than residents of the white facilities. For example residents at the Evanston location received 5.53 hours of care per day, while the Harvey facility received 1.73 hours per day. The investigation also found that the disparities between black and white homes were even greater where at least 75 percent of care was paid by Medicaid. The idea that race plays a role a facility’s quality of care is greatly disturbing fact recovered by this investigation.
To read more about the disparities in nursing homes, please click the link.
For a map of the Schlossberg nursing homes in the Chicago land area, please click the link.
Nursing home neglect has been endemic with understaffing and poor funding, but some states are developing their own solutions. One has begun a “pay-for-performance” plan for funding its nursing homes. Medicaid payments correlate with the residents’ quality of life. Payments go to homes that make changes ranging from reducing bed sores to giving residents peanut-butter sandwiches on demand. However, reforms like these, are often dependent upon the energy and dedication of key staff members and are difficult to replicate in more than 16,000 nursing home nationwides.
For the full article.
The American Geriatrics Society has promulgated a new position statement regarding nursing home care. The American Geriatrics Society believes that Assisted Living Facilities may benefit seniors over the care offered at long term nursing homes. Nursing home abuse, nursing home neglect, nursing home failure to supervise and other concerns have prompted a need to look at alternative care facilities. To read the full report of the American Geriatrics Society recommendations click here.
Steven Levin of Levin & Perconti recently presented to the volunteer long term care ombudsmen in Arlington Heights. Illinois has an excellent general ombudsmen program where state employees and volunteers enter Illinois nursing homes and help advocate for residents. Levin discussed some of the common problems that face ombudsmen, including: poor wound care, poor continence care, lack of stimulating activities, weight loss, unanswered call lights, disrespectful staff, involuntary discharges, unresponsive IDPH surveyors, falls due to lack of supervision, and care plans that aren’t followed. Levin encouraged the volunteer ombudsmen to continue their excellent work and to know when nursing home abuse and neglect rises to the level that needs legal action and a lawyer’s intervention to seek justice.
A recent study released in the American Journal of Public Health found that investor-owned nursing homes provide worse care and have higher instances of nursing home abuse and neglect compared to other home owners. Investor-owned facilities averaged 5.89 deficiencies per home, 46.5% higher than nonprofit facilities and 43.0% higher than public facilities. Additionally, nurse staffing was lower at investor-owned nursing homes. This study highlights the growing problem with the trend to invest in nursing homes simply to make a profit or to occupy land for future use. More and more nursing homes are run simply with the objective of making a profit and not delivering high quality resident care. Losing focus on resident care only causes greater occurrences of nursing home abuse and neglect.
See the report here.
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.
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.
In a recent investigation, California CBS reporters uncovered questionable quality of care and nursing home abuse in some residential facilities caring for disabled individuals. Many people with mental and physical disabilities cannot speak for themselves, so the state is supposed to be their watchdog. But, the investigation showed a large hole in regulations overseeing residential facilities.
The reporters found that there is a glaring hole in California’s regulatory structure. In 1985, temporary regulations were set forth requiring direct care staff in group homes to be trained as CNAs. Those regulations expired in 1989 and were supposed to be followed by permanent regulations. Sixteen years later, there are still no regulations.
For the full article.
Lisa Nerenberg, who has been involved in the field of elder abuse prevention since 1983, publishes a blog with posts concerning financial exploitation, identity theft, cognitive impairment and undue influence, care giving issues and cultural and gender issues. A recent post, "Geriatricians, Angry and Otherwise," is a provocative commentary which highlights useful and interesting readings. The readings cover a wide range of topics, including, "the social and economic factors that contribute to elder abuse, including ageism in healthcare, inadequate pensions, and poverty," and a surgeon's description of the field of geriatrics. In addition, Nerenberg includes interesting references to global trends in elder abuse.
Click here to read Lisa Nerenberg's blog
"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
Voters have decided to amend the Texas Constitution to provide property tax relief for elderly Texans. Without about two-thirds the precincts reporting, 89% favored the amendment. The change was necessary to get around a freeze on tax rates for elderly and disabled and allow them to enjoy the rate cut that all other homeowners got in a recent tax relief package.
For the full article.
Prices for 10 of the most prescribed brand-name medications have shot up an average of 6.8% since December under Medicare private insurance plans, while wholesale prices for the same drugs have only risen 3%. For example, the cost of a month’s supply of cholesterol-controlling Lipitor had climbed 9.6% percent. Premiums for Medicare drug plans have jumped 13 percent over the past year.
For the full article.
Recently, the NCCNHR represented nursing home residents, family members, and other consumer advocates at a Senate Aging Committee hearing. Executive Director Alice Hedt made recommendations about improving conditions in nursing homes and preventing nursing home abuse and neglect. Now is the time for Congress to act on those recommendations. You can help by doing the following:
Write your Congressman, expressing support for recommendations made by NCCNHR.
Identify opportunities for you to share your experiences with enforcement and staffing through letters to the editor, talk shows, and radio shows. This will get the press to focus on nursing home issues. Share your efforts with Jessica Brill at jbrill@nccnhr.org.
For more information on the National Citizen’s Coalition for Nursing Home Reform.
The Senate Special Committee on Aging will hold an oversight hearing on Wednesday, May 2 regarding “The Nursing Home Reform Act Turns Twenty: What Has Been Accomplished, and What Challenges Remain?” NCCNHR Executive Director Alice Hedt will testify.
The hearing will be held at 10:30 am on May 2nd at 628 Dirksen Senate Office Building in Washington, D.C.
You can hear the webcast live from the Senate Special Committee on Aging website.
Join elder care advocates from across the nation at the National Citizens’ Coalition for Nursing Home Reform (NCCNHR) annual meeting from October 21-24, 2007 at the Hilton Crystal City. The theme is: Quality Care No Matter Where.
The NCCNHR is a nationwide grassroots organization concerned with encouraging citizens and advocates to fight for quality long term care and prevent nursing home abuse.
To learn more about the conference.
The Missouri Department of Health and Senior Services release two new tools to help long-term care facilities plan for and respond to emergency situations. The department is sending the Disaster Preparedness Planning Template for Adult Care Facilities and the ABC’s of Emergency Preparedness to all long-term care facilities in Missouri. The resources provide critical information about how the nursing homes can plan and prepare for all types of emergencies.
For the full article.
A recent AARP survey explores the value of the Family and Medical Leave Act to workers over the age of 50. The survey reports findings of awareness very high with 88% of responses stating that the protections the Act provides are personally important. While 58% of those surveyed reported taking time off for family or medical needs during the previous five years, 15% of the leave-takers did so through the Act. Asked what they might have had to do without the Act, the leave-takers said that they would have quit or lost their jobs, taken less time off, or reduced their work schedules.
For the full article.
The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.
