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.

Surrogate Guardian Services (SGS) is a not-for-profit organization committed to maximizing independence for disabled individuals in the least restrictive environment possible. SGS educates the public and professionals on guardianship and alternatives to guardianship, under the belief that guardianship should only be used when all other life care options are exhausted.

SGS is comprised of nurses, social workers, attorneys, elder care specialists, and CPAs who counsel medical professionals, attorneys, elder care specialists, individuals, and their families on options for the disabled, including guardianship.

Visit the SGS website to learn more information about available services.

This month’s issue of Trial: Journal of the American Association for Justice published litigation tips submitted by Levin & Perconti’s Steven M. Levin regarding ways to emphasize accountability in nursing home abuse and neglect cases. The advice focuses on ways of contrasting your client’s personal responsibility against the nursing home’s accountability in order to overcome juror bias. This includes methods of stressing ways the family acted responsibly and asking jurors to hold the nursing home accountable for choosing to ignore its policies and procedures, failing to hire enough staff, and committing other negligent acts it is accused of.

For the full article click here.

Reminder: there is one month left to register for the Illinois Institute for Continuing Legal Education (IICLE) Personal Injury Practice Update on June 15, 2007 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.

Lawrence A. Frolick recently released a book entitled The Law of Later-Life Health Care and Decision Making. The book provides a comprehensive look at the way the law regulates and reacts to health care and personal decision making for the elderly. Topics include: paying for health care, long-term care housing options, paying for long-term care, legal implications of mental incapacity, powers of attorney, end of life decision making, and more.

To order the book.

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.

Steven M. Levin of Levin & Perconti and John P. Nicoara of Nicoara & Steagall recently filed a nursing home neglect lawsuit against an East Peoria nursing home on behalf of a resident who died earlier this month from head trauma sustained while under their care. The complaint alleges that while under the care of the nursing home, the resident fell and sustained serious head injury and a general decline in her health that led to her death.

Continue reading "Nursing home abuse lawsuit filed against Illinois nursing home" »

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.

Illinois Institute for Continuing Legal Education (IICLE) will be hosting a Personal Injury Practice Update on June 15, 2007 at the UBS Tower in Chicago and 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 March 31 seminar hosted by The Illinois Trial Lawyers Association Education Fund entitled “Top Ten Things Every Lawyer Should Know” is approaching. Steven M. Levin, of Levin & Perconti, will be presenting on skills and strategies in deposition-taking. Other topics include pre-trial litigation, medical malpractice lawsuits, jury consultants, and experts.

For more information, call 800-252-8501.
To register, call 217-789-0810.

The Illinois Trial Lawyers Association Education Fund is sponsoring a seminar at the Hilton Suites Chicago on March 31, 2007 entitled "Top Ten Things Every Lawyer Should Know." Topics include experts, pre-trial litigation, medical malpractice lawsuits, and jury consultants. Steven M. Levin, of Levin & Perconti, will be presenting on skills and strategies in depositions.

To register, call 217-789-0810.
For more information, call 800-252-8501.

A reminder from a previous post: The National Academy of Elder Law Attorneys, Inc. is hosting their annual Illinois Chapter meeting tomorrow, Friday, January 12, 2007 at 12:30 p.m. CST. The meeting will occur at LaSalle National Bank, 135 S. LaSalle Street, 18th Floor, Conference Room C.

To participate via telephone, you can call (888) 447-7153 and enter 3983990#. NAELA is a non-profit association that assists lawyers and other organizations specializing in elder law, including nursing home abuse and neglect.

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 National Academy of Elder Law Attorneys, Inc. will be holding their annual Illinois Chapter meeting this Friday, January 12, 2007 at 12:30 p.m. CST.The meeting will occur at LaSalle National Bank, 135 S. LaSalle Street, 18th Floor, Conference Room C. To participate via telephone, you can call (888) 447-7153 and enter 3983990#. The NAELA is a non-profit association that assists lawyers and other organizations specializing in elder law, including nursing home abuse and neglect.

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.

Elderly and disabled refugees are being cut off from Social Security benefits they had qualified for because their citizenship applications are hindered by post-September 11 delays. Nearly 6000 have already lost them and almost 46,000 will lose the benefits by 2012. The legal advocates who filed the class action lawsuit state that the delays are beyond the refugees’ control and call the cutoffs unconstitutional.

For the full article.

Levin & Perconti has recently donated to the Academy of Elder Law. The Academy, a not-for-profit association that assists those that work with elder clients and their families, including attorneys, bar organizations and others. Academy is a resource for education, information, networking and assistance to those who deal with the many specialized issues involved with legal services to the elderly and those with special needs, including cases of nursing home abuse and neglect.

Click here to visit the NAELA website

Because Federal and State regulations have grown exponentially, deciphering the bureaucracy of nursing home care in nursing home abuse lawsuits may be difficult. Liability may arise when the residents have any or all of the following occur: falls, fractures, negligence, decubitis ulcers, injuries or death due to smoking, dehydration, elopement from the facility. It’s also important to verify that there was timely notification of the attending physician by the facility of any change in the resident’s medical condition.

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.

The American Society of Consultant Pharmacists now has available two informative webcasts about the Nursing Home Survey Guidelines. One of the webcasts revolves around nursing home abuse in pharmacy services and unnecessary medications.

To access the webcasts.

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.

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.

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.

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.

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.

Retired Supreme Court Justice, Sandra Day O’Connor, said at a gathering on November 3, that she fears judges are under growing political attack nationwide. O’Connor stressed that unhappiness with judges today is at an intense level. She also stressed that the judiciary is the weakest of the three branches of government and therefore, it’s independence needs to be protected. Since she believes the executive and legislative branches have become the attackers, citizens will have to be the defenders of the judiciary, with lawyers taking the lead.

For the full article.

Association of Trial Lawyers of America will be hosting its Winter Convention in Miami, Florida from February 10-14. During the convention, Senator Joseph R. Biden, Jr. from Delaware will be a Keynote Speaker. The Convention includes CLE programs on advocacy in medical malpractice lawsuits and holding nursing homes accountable for abuse and neglect.

For more information about the convention.
To register.

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.

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.

The average daily cost of a private room in a nursing home in the U.S. is now $206. This represents a 1.5% increase from last year. The highest rates were in Alaska, where the cost is $578 and the lowest were in the Shreveport area of Louisiana, where the cost is $111.

For the full article.

The University of Minnesota School of Public Health has created a website that makes it possible to search the content of any state’s nursing home regulations, recent state changes, and review analyses of regulatory variation across states. The website also includes information about innovations in the nursing home industry.

To access the website.

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.

The Centers for Medicare and Medicaid Services (CMS) has announced that the “Medicare & You 2007” is now available in English and Spanish. The handbook helps people with Medicare review their coverage options. The official government handbook contains information about new policies, health plans, prescription drug plans, and rights for people with Medicare. While the information in the handbook should be very helpful, please note that the handbook has received criticism for being biased and not fully forthcoming.

For the full article.

The office of Cook County Record of Deeds Eugene Moore has issued alerts to attorneys who represent elderly clients to be on the lookout for two scams.

The first scam is a “Have You Seen Your Deed?” letter being circulated to arouse fear in senior citizens. The letter requests $150 to receive a certified copy of a deed. In reality, an electronic copy of your client’s deed may be obtained from the Recorder of Deeds office for 50 cents.

The second scan involves filing quitclaim deeds to convey title to residences usually in situations where relatives or caretakers are financially abusing the elderly. One way the Recorder of Deeds office is combating this scam is to notify a grantor when a quitclaim deed is filed to ensure the owner of the deed was not defrauded.

The Recorder of Deeds office requests that attorneys or clients report suspicious behavior by calling their office at (312) 603-5050. The Recorder’s website is also a resource whereby homeowners can search for recordings against title to properties: www.ccrd.info.

A program at Dartmouth Medical School recently analyzed Medicare data on patients with chronic illnesses. The statistics developed showed that it was much more expensive to die in some parts of the countries than in others. The question that remains is: did the additional hospitalizations, tests, and doctor visits result in better care or better quality of life? The most expensive city is Manhattan, at a cost of $35,838 for the last six months of care; the least expensive is Wichita Falls, Texas at $10,913 for the last six months of care. In Illinois, the average cost for the last six months of care is $17,799.93, which varies throughout the state. About 27% of Medicare’s annual $327 billion budget goes to care for patients in their final year of life.

For the full article.

The Department of Aging recently adopted amendments to the Illinois Administrative Code for Elder Rights, expanding the current training and education requirements. The program aims to reduce elder abuse, including nursing home abuse and neglect, by making more information available to the public, tightening enforcement of current anti-abuse laws, and providing follow-up services provided to an abused, neglected, or exploited victim.

To read the Code on Elder Abuse and Neglect.

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.

The National Citizens’ Coalition for Nursing Home Reform (NCCNHR) is hosting its annual conference on ensuring quality in long-term care. The NCCNHR is an advocate in the fight against nursing home abuse and neglect. Its conference features interactive and educational sessions, networking opportunities, and presentations by nationally recognized experts, including Erin Brockovich.

To register.

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.

Researchers at a Florida university have been studying the impact of inhibitor medication that treats symptoms of dementia. Specifically, the researchers have focused on the need for nursing home admission after taking the medication. The results have been positive. None of the participants in the study were in a nursing home at the beginning of the research. The participants' use of the inhibitor medication delayed the need for nursing home admission by three months or more. Any form of delay for the need for a nursing home admission likely increases the quality of life for dementia patients.

For the full article.

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.

Illinois Trial Lawyers Association (ITLA) will be hosting a web seminar on 10/12/06 from 3:30-4:30 CST about courtroom technology, discussing the implementation of different computer programs to organize and present cases to a judge or jury.

To register.

The National Citizens’ Coalition for Nursing Home Reform (NCCNHR) is hosting its 5th Educational Conference Call. This call’s topic is “Eating with Dignity: Nutrition and Hydration.” The call begins at 2:00 p.m. CST and features expert speaker Jeanie Kayser-Jones, a professor of gerontological nursing and medical anthropology.

NCCNHR is instrumental in the fight against nursing home abuse and neglect . For more information on NCCNHR.

To register for the conference call, 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.

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" »

The National Academy of Elder Law Attorneys, Inc. will be hosting its 2006 Advanced Elder Law Institute entitled “Re-Visioning the Practice.” Sessions cover topics, such as “The Future of Elder Law” and “Substance Abuse, Depression, and Other Mental Illness and the Elderly.”

To register.

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.