Illinois Nursing Home Abuse Blog

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.

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.

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.

The FDA recently approved a schizophrenia drug from Johnson & Johnson. The new pill, called Invega, could be on the market as early as 2008.

For the full article.

In a follow up to a recent post about Eli Lilly’s techniques of “playing down” the health risks associated with its Zyprexa drug, it appears that Eli Lilly also promoted unapproved use of the drug to physicians.

The pharmaceutical company’s files showed that Eli Lilly encouraged physicians to use Zyprexa for patients who did not have either of the conditions that it primarily treats (schizophrenia and bipolar disorder). In the marketing campaign, called Viva Zyprexa, Lilly told its sales representatives to suggest that doctors prescribe the drug to older patients with symptoms of dementia. This sort of elder abuse is particularly worrisome because adverse drug reactions are between the 4th and 6th leading causes of death for individuals 65 and older in the United States.

For the full article.

Last week, the FDA proposed tougher warning labels for acetaminophen, aspirin, and ibuprofen, cautioning the millions of users of potentially dangerous side effects. The over-the-counter drugs remain safe and effective when used as directed; however, misuse and overdoses can cause serious liver damage, even death.

The risks of serious side effects for these over-the-counter medications are higher in patients older than 59 years old and especially high for elderly patients. As mentioned in a previous article, adverse drug reactions alone are between the 4th and 6th leading causes of death for individuals 65 and older in the United States.

For the full article.

A recent Italian study reported that elder patients may be under-treated for pain. Although it is commonly believed that older patients are more susceptible to adverse effects to painkillers than younger patients, it may not be the case. The researchers showed that while older patients experienced worse distress while the dose was being adjusted, the distress improved after a stable dose was reached. The study concluded with the belief that the fear of a higher risk of adverse effects in elderly patients is unwarranted and may lead to the under-treatment of pain.

For the full article.

The website released by the Department of Health and Human Services is designed to help consumers plan for long-term care. The National Clearinghouse for Long-Term Care Information Website provides information about long-term care, services, and financing options. Since most older Americans have misconceptions about U.S. long-term care financing, this website is a welcome resource.

To access the website.

According to a recent AARP study, most older Americans misconceive that government programs pay for nursing-home care. The study also showed that most have no idea how much long-term care facilities cost. It is important that people realize how costly long-term care is so that they can set plans in place in advance to prevent being overwhelmed in the future.

For the full report.

A recent American Association for Justice (AAJ) article exposed the dangerous accident rates associated with railroad crossings. Here are some startling statistics: A person is 40 times more likely to die in a crash involving a train than in a collision with another motor vehicle. There were approximately 3,000 rail crossing accidents in 2003; of those 3,000, only 4 were fully investigated in 2003 by federal authorities.

AAJ urges you to contact the Federal Railroad Administration, which is responsible for enforcing safety regulation, as well as conducting research and development to improve railroad safety. The Agency accepts comments from the public to support its research and development.

For the full article.

Adverse drug reactions alone are between the 4th and 6th leading causes of death for individuals 65 and older in the United States. Medication-related problems can be categorized into eight categories: untreated conditions; drug use without indications; improper drug selection; subtherapeutic dosage; overdosage; drug interactions; failure to receive medication; and adverse drug reactions.

The study showed that seniors are affected by medication-related problems by causing, aggravating, or contributing to common and costly geriatric problems.

For the full study report.

Choosing a nursing home for a loved one is incredibly difficult, especially with fears of nursing home abuse and neglect. A California newspaper recently featured an article about how to choose a nursing home. They state the following helpful tips: ask friends and doctors for recommendations; visit the home and observe interactions between staff and residents; smell for foul odors which should not be common; observe organized activities; ask about accreditations; and remain involved after admittance.

For the full article.

A recent study addressed the fact that the oldest old (age 85+) in nursing homes is declining. While the number of people living age 85+ nearly doubled in the past 10 years, the number of people 85+ living in nursing homes remained about the same.

This article attributes the decrease to: wealthier older people who can afford alternatives; state efforts to increase the availability of funding for alternatives; continued development of alternatives; increased availability of private long term care insurance; and state and federal government initiatives.

For the full report.

Bankrate recently released a step-by-step guide for people who find themselves needing to manage their parent’s finances. The eight steps include:

1. Finding all financial accounts and documents.
2. Collecting and paying bills.
3. Locating powers of attorney and/or living trust documents.
4. Opening your parents’ safe-deposit box.
5. Becoming a parent’s guardian.
6. Documenting everything you do.
7. Consider hiring a financial planning team.
8. Consider updating investments.

For the full article.

Marketing scams for Medicare Part D plans have surfaced. There have been complaints about scams such as going door-to-door at senior housing facilities to solicit enrollment, enrolling beneficiaries in a more costly plan than they want, or enrolling beneficiaries in a wrong plan. The most recent plan involves Part D sponsors telling beneficiaries they must have a home visit to enroll. Be sure to be wary of anyone trying to influence your enrollment decision.

For the full alert.

Last Wednesday, South Dakota Governor Mike Rounds launched a new long-term care public campaign entitled “Own your future.” Gov. Rounds will send approximately 74,000 letters to households containing residents between the ages of 45-65 promoting awareness of long-term care needs and encouraging people to order a free Long-Term Care Planning kit.

Long-term care is growing more expensive and nursing home costs are rising, so planning ahead is essential. Other states have launched similar projects and hopefully more will continue.

For the full article.

A state-by-state analysis of the number of family caregivers, hours of caregiving services, and their estimated market value has recently been released. Illinois ranks 6th in the nation with an estimated 1.2 million caregivers whose work has an annual market value of over $13,153. For some, caregiving provides a workable alternative to nursing homes.

To see the national statistics.

Since the 1990’s, the death rate from falling has risen sharply for elderly people. Experts have accounted the rise in statistics to be the result of people being less likely to die from chronic disease. Falling is currently the 14th leading cause of death among elders.

Nursing homes should be on high alert for residents who are likely to fall. Unfortunately, some nursing homes are not showing such concern. Nursing home abuse and neglect lawsuits often center around staff failing to supervise or protect its residents when the victims have fallen. A nursing home was recently fined $40,000 for Illinois nursing home abuse and neglect in failing to protect its residents when several residents were injured from falls.

For the full article.

The Kaiser Family Foundation has released a series related to Medicare Prescription Drug enrollment. The open enrollment period for 2007 is from November 15 to December 31. The resources available on the website include state-specific information about benefit plan options, an updated version of the online consumer guide, and an updated fact sheet providing an overview of the benefits. There were criticisms that the government-issued Medicare handbook failed to provide enough objective information for consumers.

For the Medicare Part D enrollment series.
To view a related chart on Medicare Part D enrollment.

A New York School of Medicine study recently reported that family caregivers of Alzheimer’s patients who received intensive counseling had reduced stress levels and a delayed need for nursing home care for their loved ones. This longer at-home stay resulted in family happiness because they got to spend more time with their loved ones and a dramatic savings of about $90,000 per family. The counseling helped caregivers deal with the many difficult aspects of the disease. Caregivers were better equipped to tolerate the severe memory loss and agitation that accompany Alzheimer’s and were less likely to suffer from depression.

For the full article.

The Center for Medicare Advocacy has released a handy chart for Medicare Part D enrollment entitled “Part D By the Numbers.” There were criticisms that the government-issued Medicare handbook failed to provide enough objective information for consumers. This chart does a side-by-side comparison of the 2006 and 2007 Standard benefits, costs, and out of pocket thresholds.

To access the chart.

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.

With no federal regulation and no comprehensive state laws, CBS found that assisted living centers are especially prone to abuse and neglect. CBS found that state laws were extremely varied. For example, only 32 states require CPR and first aid certification for employees and only 24 require a nurse on staff. Alabama is the only state that requires the medical director to be a doctor.

For the full article.
To watch the special.

An Indiana state court jury recently awarded a man $20 million dollars, determining that Allstate Insurance acted in bad faith. The man was involved in a 1995 car crash. Since the other driver’s insurance was insolvent, Allstate should have covered the Indiana man’s damages under his uninsured motorist coverage. Instead of paying the claim, Allstate forced him into a 10 year legal battle to collect benefits.

Health issues were on the forefront in the past election and affect the elder population in large ways. Government often plays a key role in helping or hurting the rising health costs that elders face. On November 9, panelists discussed the health issues presented in the midterm election and what they may mean for policy in the future. Participants in the panel included a professor from George Washington University, a director of AARP, and a scholar in health care and retirement policy.

To watch the panel or read a transcript.

Earlier this week, CBS aired a special program on elder abuse and found that not all abuse and neglect occurs in nursing homes. CBS found that a hardly studied and largely under-reported problem was elder abuse and neglect occurring in private homes. A new program at Houston’s Baylor College of Medicine seeks to combat the problems by making house calls to seniors based on reports from Adult Protective Services.

For the full article.
For the video.

Since the holidays are approaching and many people living in nursing homes eagerly await a visit from an out-of-town friend or family member, Nebraska’s Omsbudsman Program has published suggestions for visiting a loved one in a nursing home:

1. Check to see if the nursing home you intend to visit has specified visiting hours.
2. Arrange a time when your resident will have the most energy.
3. Inquire about pet visits and limitations.
4. If your loved one is in a specialized unit, there may be different visiting hours and regulations. Check ahead to see if these affect your visit.
5. Visits where you will take the resident outside of the facility are always encouraged, when possible. Coordinate these arrangements in advance with the resident and staff.
6. Because visits can sometimes be emotional, seek support and advice from the nursing home social service staff or administration.

For the full article.

Association of Trial Lawyers of America issues a weekly newsletter to help you stay on top of the issues that matter to consumers and families. The newsletter is issued every Tuesday afternoon and contains a guide to new policy, issue briefs, and important news articles.

To sign up to receive the e-Newsletter.

The second annual Center for Excellence in Assisted Living (CEAL) Quality Summit will be held from November 30-December 1, 2006 in Arlington, Virginia. Topics include nursing home regulation, leadership, resident care, affordability, and assistive technology.

To register.

For more information about the Summit.

A Philadelphia Inquirer article recently reported about a certified nursing assistant working in a “Green House." The Green House is a small assisted living home with just 10 residents. Nursing aides enjoy their occupation because they get to spend quality time with the residents. The Green House looks like a new home – located on residential streets, with pitched roofs, shutters, and a garden. The hallway feels like a home – with a vase and flowers on a small table, opening up into one large living area. However, the residents are just as frail, sick, and elderly as any other nursing home with one major difference: they are very happy.

The Green House concept was first conceived by Bill Thomas, the pioneer behind the Eden Alternative. There are Green Houses in Mississippi, Nebraska, Michigan, and Pennsylvania. There are two registered Eden Alternative homes in Illinois.

For the full article.

Many nursing home residents suffer from Alzheimer’s, a devastating disease. A new study released on Monday showed hope in diagnosing Alzheimer’s disease before age-related symptoms become visible. Researchers at King’s College in London presented research that suggests a blood test may be able to predict the onset of Alzheimer’s by levels of two types of protein found in the blood. The Alzheimer’s patients who were tested had higher levels of these types of protein in their blood than those who did not have the disease.
For the full article.

Senate and House Democrats criticized the Medicare handbook in a letter to Health and Human Services Secretary Mike Leavitt. The letter states that the Medicare handbook was used to promote Medicare Advantage (MA) plans, rather than to provide objective information. The handbook fails to inform beneficiaries that the MA plans can require higher out-of-pocket costs. The letter recommends that the information on the Medicare website be corrected to remove problematic and biased language.

For the full article.

Researchers at the University of Missouri-Columbia recently found that preventable errors were the most common cause of death in nursing homes. An assistant professor of nursing at the college believes that the solution to nursing home abuse and neglect is to create a culture of safety and address the current problems in a visible fashion.

For the full article.

H.E.L.P. has published a plain-language guide to help older adults stay in charge of the health care they receive, even if they cannot speak for themselves. The guide, entitled “Your Way,” can be used by individuals, families and friends, attorneys, care managers, or other professionals to help their clients.

To order your free copy of “Your Way.”

H.E.L.P. is a non-profit education and counseling center devoted to providing older adults and their families with information on legal, government program and care-related issues, and services for Older Adults. They recently released a guide on aging preparedness, equipped with a bulletin entitled “Elder Law Lingo.”

To access the guide.

To learn more about H.E.L.P.

A three-month Consumer Reports investigation found that finding an appropriate assisted living facility is extremely difficult for the following reasons. First, most facilities are operated by small private companies that do not provide information needed to make a well-informed decision. Neither size, décor, nor amenities necessarily determines the quality of care available at a facility. Also, there is no standard for care that must be provided and no clear guideline to indicate what types of residents belong in assisted living. The nearly 1 million people currently living in assisted living residences have become frailer, raising concerns about their safety and care. Additionally, states regulate assisted living but provide little oversight or protection for residents. At a time where abuse and neglect are rampant in assisted living residences, the information needed to make a proper decision is of vast importance.

For the full article.

As we are well aware, elder care specialists are in short supply and high demand in nursing homes. The frightening shortage also persists in the physician specialty field of geriatrics. Geriatricians are in short supply and according to a recent New York Times article, it appears as though the trend will continue. Medical students are not willing to fill the demand in that specialty because of the relatively poor pay and the lack of high-tech medicine used in the field.

In 2005, there was one geriatrician for every 5,000 Americans 65 and older and experts expect this ratio to worsen. Only 9 medical schools in the U.S. have a department of geriatrics and few schools require geriatric courses.

For the full article.

As the number of Americans in need of long-term care is expected to double from 13 million in 2000 to 27 million in 2050, it is essential to save wisely for elder years. The Pension Protection Act of 2006 may provide the government assistance needed to ensure that people actively prepare for retirement.

On August 17, 2006, The Pension Protection Act of 2006 was enacted. This is the most significant pension legislation since the Employee Retirement Income Security Act of 1974 (known as ERISA). Its purposes are to make many retirement savings incentives permanent, toughen the regulations that govern traditional pension plans, and authorize 401(k) plans to provide investment advice and automatic enrollment of participants. If implemented properly, these changes can have a very positive effect on retirement income security.

For a thorough explanation of the Act.

Indisputable evidence continues to surface showing that many nursing home residents are neglected and abused on a daily basis. Despite establishing requirements against nursing home abuse and neglect in 1987 Congressional legislation, the abuse persists.

By law, nursing homes cannot receive funding from public health care programs like Medicare or Medicaid unless the facility cares for its residents in a manner respecting “the quality of life of each resident.” It’s obvious from the prevalence of abuse reports, nursing homes are bypassing this requirement through fraudulent means.

Some experts believe that the key to ending nursing home abuse and neglect lies in using the False Claims Act. A provision in the Act allows persons with knowledge of fraudulent claims being submitted to federal programs like Medicare or Medicaid to bring a lawsuit against the facility on behalf of the government. Another provision in the Act acts as an incentive for nursing home staff to be vigilant, allowing whistleblowers to earn between 15 and 30 percent of money recovered from a nursing home that submits fraudulent claims for inadequate care or services never rendered.

For the full article.

The National Citizens’ Coalition for Nursing Home Reform (NCCNHR) is hosting a conference call training for nursing home residents and their family members. This call is part of NCCNHR’s consumer project entitled “Giving Voice to Quality: A Consumer Education Project to Equip Nursing Home Residents and Their Families.” Active family and resident involvement is essential to protect against nursing home abuse and neglect.

To register for the conference call or to learn more information, please e-mail voice@nccnhr.org.

Demand for nursing assistants in nursing homes is extremely high as the number of Americans in need of long-term care is expected to double from 13 million in 2000 to 27 million in 2050. To make matters worse, nursing assistant turnover is equally high in the nursing home industry, even reaching 100% in some organizations. Gaps in staffing at nursing home affect patient care directly, decreasing the quality of patient care and the attention the patients receive. Unfortunately, these staffing gaps can result in increased occurrences of nursing home neglect and abuse.

The National Center for Health Statistics and the Office of the Assistant Secretary for Planning and Evaluation have collaborated to survey certified nursing assistants in nursing homes to explain why retention in the nursing home industry is dismal. The survey is designed to provide an evidence base for understanding what draws individuals to nursing assistant careers in nursing homes and what contributes to their satisfaction in their jobs.

For more information on the National Nursing Assistant Survey.

Despite knowing a more accurate way to describe the effectiveness of medicine, drug companies insist on advertising a drug’s effects in terms of “relative risk.” This term inflates the drug’s value, leading consumers to frequently purchase and consume medicine that may not help them.

Continue reading "Misleading statistics may be influencing your medicine purchases" »

Eric Carlson and Katharine Hsiao, attorneys with the National Senior Citizens Law Center (NSCLC) have published a book on nursing home information for consumers. The book includes advice on:

- Finding a good nursing home
- What Medicare will pay
- Medicare eligibility (including recent changes in law)
- Getting the best possible quality of care
- Residents’ right to choose meals and schedules
- Combating illegal terms in admissions agreements
- Avoiding evictions

To purchase the book.

The National Senior Citizens Law Center (NSCLC) has published a guide for nursing home residents, their family members, and community senior advocates. The guide discusses the most common problems found in the nation’s nursing homes, how to take action if your loved one is a victim of one of these problems, and the remedy the law affords to combat theses problems if your concerns go unanswered.

To order the book.

Started by Dr. William Thomas,the Eden Alternative is a promising movement to improve the quality of life for those experiencing aging and disability across America. The Alternative movement is dedicated to helping others create enlivening environments and eliminating the plagues of loneliness, helplessness, and boredom. There are two registered Eden homes in Illinois.

Continue reading "The Eden Alternative: Revolutionizing nursing homes" »

SmartMoney Magazine recently released an eye-opening article entitled “10 Things Your Hospital Won’t Tell You.” Patients and advocates who know the potential for medical malpractice will be able to take preventative measures during hospital stays.

1. “Oops, wrong kidney.” – Errors in treatment have become a serious problem for hospitals.
2. “You may leave sicker than when you came in.” – About 2 million people a year contract hospital-related infections.
3. “Good luck finding the person in charge.” – Getting the attention of the right person can be difficult.
4. “Everything is negotiable, even your hospital bill.” – Hospitals frequently work with patients, offering payment plans or discounts.
5. “Yes, we take your insurance – but we’re not sure about the anesthesiologist.” – Anesthesiologists are often not covered on insurance plans.
6. “Sometimes we bill you twice.” – Ask for an itemized bill to avoid being billed for services never received or items that should not be billed separately.
7. “All hospitals are not created equal.” – Call the hospital’s quality-control or risk-management office to get infection statistics.
8. “Most ERs are in need of some urgent care themselves.” – An ambulance is turned away from an ER once every minute due to overcrowding.
9. “Avoid hospitals in July like the plague.” – In July, turnover occurs in the hospital: a good portion of the staff at any given teaching hospital are new on the job.
10. “Sometimes we don’t keep our mouths zipped.” – Contrary to popular belief, sharing information with a third party is often legal.

For the full article.

Equip for Equality’s Abuse Investigation Unit has published an informational handbook about reporting and investigating abuse and neglect of adults with disabilities in nursing homes and long-term care facilities. This handbook makes the confusing investigatory system in Illinois more manageable by identifying the providers and their corresponding state investigatory agencies. Equip for Equality is a not-for-profit group designed to advance the human and civil rights of people with disabilities in Illinois.

To access Equip for Equality’s handbook.

To learn more about Equip for Equality.

Nursing home abuse cases often involve conflicting accounts of abuse, with elderly victims being doubted due to memory conditions they may have. New York Times recently reported that an elderly man entered an Orange County emergency room covered with bruises. Although he suffered from dementia, the man insisted that his wife’s home health aide had beaten him. However, the health aide and the wife claimed that the man had fallen. The man’s abuse was confirmed after the Orange County Elder Abuse Forensic Center investigated his injuries.

Orange County California has developed an Elder Abuse Forensic Center to determine the origins of elderly patient’s abuse. In the case of the man who had been beaten by his wife’s home health aide, the forensic team members were able to determine that the bruises were a result of being punched. Upon examination, they found bloody outlines of a shoe on the man’s leg. They also performed cognitive tests on the victim’s account of abuse. With this substantial forensic evidence, the prosecutor was convinced to take the case and charged the aide with a felony.

Continue reading "Forensic Skills uncover elder abuse" »

Congratulations to Elma Holder and Dr. William Thomas who each received honors from the John Heinz Foundation for their outstanding dedication to long-term care advocacy.

Elma Holder is the founder of the National Citizens’ Coalition for Nursing Home Reform (NCCNHR) and received the Chairman’s medal to honor her lifetime achievement. Elma has drawn national attention to nursing home issues and has greatly impacted the lives of residents.

Dr. William Thomas received the Heinz Award in the Human Condition for his innovative work as the founder of the Eden Alternative. The Eden Alternative has championed a movement for systematically overhauling the institutional nature of assisted-living facilities and improving the quality of life for elders. The movement hopes nursing homes will one day be vibrant centers of care and companionship.

For more information on the recipients.

In an April 2006 Congressional briefing, the National Citizens’ Coalition for Nursing Home Reform released a brief entitled Faces of Neglect: Behind the Closed Doors of Nursing Homes. The poignant document describes the stories of 36 average residents in 12 states who were neglected to the point of abuse in their nursing homes.

To learn more and read parts of the document.
To learn more about NCCNHR.

The National Citizens’ Coalition for Nursing Home Reform (NCCNHR) is hosting its annual conference on October 22nd – 24th. This year’s conference will be held at the Hilton Crystal City Hotel in Arlington, Virginia. The keynote speaker will be consumer advocate Erin Brockovich.

For over thirty years, the NCCNHR has been a leading advocate against nursing home abuse and neglect by pursuing federal and state regulatory and legislative policy development to improve the care and life of nursing home residents. They focus on many pertinent issues, including inadequate staffing, poor working conditions, the high cost of poor care, and resident empowerment.

To register for the NCCNHR conference.

To learn more about NCCNHR.

The Assisted Living Reporter, created by Les Oreck, provides a forum for former residents and family members to expose nursing home scans. Oreck witnessed first-hand nursing home scams while his mother was in assisted living. For example, Oreck recalls that he overheard assisted living staff imply that services and treatments were ongoing when in reality, the treatments lasted no longer than a couple of weeks.

To access the website directly.

For the full article on Oreck’s experience.

The website below provides cost reports for nursing homes in Illinois detailing the operating costs of each home including salary information.

http://www.hfs.illinois.gov/costreports/

The Department of Health and Human Services (HHS) and the Centers for Disease Control and Prevention (CDC) developed a checklist to help long-term care facilities and nursing homes for responding to pandemic influenza.

The checklist is a starting point for homes to develop a plan tailored to their individual home and residents’ needs and can be found here.

The National Citizen's Coalition for Nursing Home Reform (NCCNHR) is currently offering a free ZivaGuide for NCCNHR members. ZivaGuide is a service that offers a personalized tool for finding health care resources and disease related information. The guide has a $45 value. If you are not already a member, you can Join Now!

The U.S. Department of Health and Human Services (HHS) has issued a report discussing the use of negotiated risk agreements (NRAs) in long-term care facilities in order to provide an appropriate balance between residents’ autonomy and safety.

The content of a typical NRA includes:
• the behavior or resident preference of concern to the provider
• the potential or actual risk
• the resident preferences and potential provider accommodations or suggested alternatives to the behavior that reduce risk while meeting resident preferences
• a negotiated resolution
• the resident’s acknowledgement and acceptance of the potential negative consequences of his or her actions

Over the past decade, many assisted living providers have adopted NRAs, and several states have regulatory provisions regarding their use.

For example, Illinois has the strongest statement of a resident’s right to assume risk, stating a resident has the right “to direct his or her own care and negotiate the terms of his or her own care,” and “to refuse services unless such services are court ordered or the health, safety, or welfare of other individuals is endangered by the refusal, and to be advised of the consequences of that refusal.”

The Illinois statute regarding NRAs provides that a “responsible party” may sign a risk agreement as a proxy for the resident.

The Illinois statute regulating the use of NRAs can be found here.

To view the report:
http://aspe.hhs.gov/daltcp/reports/2006/negrisk.htm

The goal of the recent study by the Department of Health and Human Services (HHS) is to determine the extent to which the Centers for Medicare & Medicaid Services (CMS) applied the statutorily required “mandatory remedies” for nursing homes not in compliance with Federal quality of care standards.

The findings include:
• Of the 55 cases requiring termination during 2000-2002, CMS did not apply the mandatory remedy as required in 30 cases (55 %).
• Of the 706 cases requiring DPNA remedies in 2002, 28 percent were never applied and 14 percent were applied late, largely due to late referral of cases by State survey agencies.

Download the report.

An electronic guide: "Your Medicare Rights and Protections," outlines rights of beneficiaries of Medicare Health plans and the Medicare Drug plans.

The guide may be useful for beneficiaries and advocates who wish to file a complaint or appeal.

For the guide:
Download file

The Not-So-Golden Years: caregiving, the frail edlerly, and the long-term care establishment, by Laura Katz Olson.
Available for purchase. Discusses the history of the policies in the elderly care industry and how the issues affecting the industry have emerged as a nationwide concern.

How to Keep Your Loved One Safe in a Nursing Home: a quick reference guide, by Andrew D. Weinberg, M.D.
Available for purachse. An excellent reference guide for a family member placing a loved one in a nursing home. The reader is shown how to communicate with the attending physician, how to monitor care, and what questions to ask.

The American Trail Lawyers Association recommends:

Maltreatment of Patients in Nursing Homes, by Diana K. Harris and Micahel L. Benson.
Available for <