Illinois Nursing Home Abuse Blog

NCCNHR is seeking nominations for individuals who have made a significant difference in long term and nursing care for its 2008 Leadership Awards for outstanding service to nursing home and long term care residents. Nominations are due to NCCNHR by July 18. Awards will be presented at the NCCNHR annual meeting and conference in Indianapolis, IN on October 15 through 17.

For more information and nomination forms, visit NCCNHR: www.nccnhr.org

Steven Levin of Levin & Perconti will present as part of a panel discussion on elder law and nursing home litigation issues at an event on June 19th at noon in the loop. The panel is hosted by the American Constitution Society for Law and Policy and will feature Professor Marguerite Angelari of Loyola University’s law school who directs their Elder Law Initiative, and Kathy Swanson, the supervising attorney of the Suburban Seniors and Ombudsmen projects for the Legal Assistance Foundation of Metropolitan Chicago, whom many of you know. Susan Feibus, a partner at Ungaretti & Harris, LLP will moderate the panel.
The event will be at Ungaretti & Harris, LLP, Three First National Plaza, 70 West Madison Street, downtown Chicago. Attendance is free and lunch is provided. Additionally, free CLE is available.

If you would like to attend, please visit the American Constitution Society’s website and RSVP: http://www.acslaw.org/chapters/lawyer/chicago/rsvp

Seniors now have a place to turn for advice and shelter when tragedy strikes. A community has now opened a senior abuse shelter and abuse hotline for seniors who need assistance. The community recently reflected that teenagers, women, and children have hotlines but not seniors. In response, a local community organization has provided an initial $100,000 budget to fund services after a saddening incident of elder abuse and neglect happened in the community. A local woman was found dead in her home after suffering from profound malnutrition after her daughter stopped feeding the elderly woman.

You can read more about the center here.

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.

Those who file an Illinois nursing home abuse and neglect lawsuit will now be forced to submit the case to a mediator before moving on to trial. This new mediation mandate is part of an amendment to a new Illinois medical malpractice rule that was approved this week by the Illinois Supreme Court.

For the full article.

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

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!

"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

In Ohio, sheriffs are required to notify neighbors when sexual predators live near by and enforce laws prohibiting sex offenders from living within 1,000 feet of a school. Nursing home residents are not exempt from these laws, but because the intent of the laws is to protect children and because elder abuse is an overlooked crisis in America, nursing home residents are forced, unknowingly, to live in homes shared with sex offenders and other criminals. With nursing home abuse and neglect being an important problem we face today, it is important to make sure loved ones are safe, protected and cared for- not at danger of sexual assault and misconduct. The Ohio state legislature is debating a bill that would require nursing homes to disclose the presence of sexual offenders to new or prospective patients. In one instance, a family placed an 18-year-old mentally retarded woman in a long term care facility but was unaware of the presence of sexual predators. Eventually, the home's failure to supervise residents convicted of sexual offenses allowed the woman to be raped by a sexual predator previously convicted of raping three women. It is going to be important, in the face of a growing elder population, to raise awareness of the many hazards of nursing home care.

Contacting elder advocates like ombudsmen and elder law attorneys can help send nursing homes the message that we are paying attention. They can not get away with underfunding homes, allowing for abuse and neglect, while the owners are pocketing excess cash. Contacting state agencies, advocates and elder law attorneys is the first step toward deterring nursing homes from continuing in their careless practices.

Continue reading "Sex offenders live unidentified in nursing homes" »

It is important for families of nursing home residents to be aware of an important issue: signing nursing home agreements can wind up ultimately costing you large sums of money. The Elder Law Minute brings to discussion the fact that unfortunately, many nursing home admittances occur after a rushed discharge from a hospital, resulting in family members being forced to hurriedly sign mounds of paperwork. In some instances, family members signing papers as the "responsible party" guarantees that the resident's fees must be paid in full- if not from the resident, then from the responsible party. In the Nursing Home Care Act, a nursing home that participates in the Medicare or Medicaid program must not require a third party to guarantee payment. This is why it is important to make sure that paperwork is reviewed by an elder law attorney.

The Elder Law Initiative and School of Social work present the Third Annual Summer Institute on Aging. The Summer Institute on Aging is a four-day, interdisciplinary course co-sponsored by the Loyola University Chicago School of Law and School of Social Work open to social workers, nurses, physicians, counselors, geriatric care managers, and attorneys. This highly interactive course will explore the psychosocial, ethical, policy, and legal issues related to aging and mental health, taking into account racial, gender, ethnic, and income differences among the elderly. The course will feature faculty and guest speakers from a variety of disciplines. Through simulations and group work, the course provides an excellent opportunity for true interdisciplinary collaboration. Continuing education credit available.

Click here for more information or contact Marcia Spira at 312.915.7580

The Patient Safety and Abuse Prevention Act was introduced by Senators Pete Domenici and Herb Kohl, chairman of the Senate Special Committee on Aging, and it would require comprehensive criminal background checks on long term care workers who have direct access to residents. The checks would include requiring nursing homes to screen prospective employees – while providing supervised provisional employment for thirty days – by checking criminal records, abuse and neglect agencies in all states, records from agencies such as Medicaid fraud control units and professional licensing boards. Sates would be required to penalize facilities for noncompliance and fine facilities that knowingly employ a worker with a criminal background.
Please help pass this legislation! This bill (S. 1577) is intended to stop workers with criminal records from working with vulnerable people.

Click here to read the bill
Click here to read the National Citizen's Coalition for Nursing Home Reform's letter of support

States all over the country are grappling with the issue of who is mentally fit to vote. Nursing home residents, especially those with Alzheimer’s, are coming into question, as well as people living with other disabilities. The mentally disabled and their advocates are fighting to secure voting rights while psychiatrists and those that work with the elderly are concerned about the risks of voting by people with conditions like Alzheimer’s and dementia. Many people with dementia vote or want to vote but it is important to ensure that they are not pressured to vote certain ways. A New Jersey nursing home employee won a county election but was forced to step down after it was revealed that she took advantage of mentally incapacitated residents. Similar accusations have been reported in Alabama, South Carolina and other states. This summer, lawyers led by the American Bar Association and a group of psychiatrists will publish recommendations for national standards suggesting that people should only be banned from voting if they cannot indicate a “specific desire to participate in the voting process.”

New Jersey’s constitution currently forbids an “idiot or insane person” from voting and an amendment may appear on the November ballot. Advocates want the words removed, but fear they will be replaced with vague and restrictive language. A current Missouri lawsuit seeks to overturn the current state voting ban for people under full guardianship because of mental illness. A current debate in Rhode Island concerns the voting rights of the criminally insane. Only two states allows jailed felons to vote but advocates argue that the criminally insane are evaluated based on dangerousness and not voting capacity, and that voting can be part of rehabilitation moving them “closer to society.” State laws are inconsistent, but the emerging model is based on the 2001 ruling in Maine which allows people to vote if they understand the voting process and can make the choice. Assessing such qualifications is still controversial.

Click here for the full article

Nursing home residents receive an exemption from Part D co-payments, and this exemption should be extended to assisted living and board & care patients who receive Medicaid. Medications can eat away most of these residents’ incomes and residents of community-based facilities should have the same rights as nursing home residents. So ask your Senator to support the Home and Community Based Services Co-payment Equity Act (S. 1107).

Click here to read the bill

The Senate Elder Justice Bill (S. 1070) currently has nine cosponsors and the House bill (H.R. 1783) has 61.

Click here to see whether your legislators have signed up (check bill summary and status).

Reminder: Illinois Institute for Continuing Legal Education (IICLE) Personal Injury Practice Update will be held tomorrow at the UBS Tower in Chicago. An additional seminar will be held on June 29, 2007 at Crowne Plaza in Springfield, Illinois. Michael F. Bonamarte IV of Levin & Perconti will be addressing wrongful death and nursing home negligence. A video encore will be held September 4, 2007 at University Center in Chicago.

For more information.

To register.

The National Center on Elder Abuse (NCEA) is a useful resource on elder abuse, neglect and exploitation. If you are looking for news, consultations, education and training, information about promising practices and interventions, answers to inquiries and requests for information, or advising on program and policy development, the NCEA is a helpful source. Additionally, the NCEA operates a listserve forum for professionals, hosts events and webcasts, and collaborates research.

If you are looking for information and resources about all areas of elder abuse, visit the NCEA’s website.