July 17, 2008

Illinois Funeral Home Engages in Post Death Elderly Neglect

An Illinois funeral home has come under scrutiny after mistreatment of an elderly individual. In this case the elderly deceased was wrongfully buried. The family of the deceased went to the funeral home but was shown another deceased individual. The family had obtained legal help to get a court order for the funeral home to undo this tragic mistake: exhume the wrongfully buried grandmother. It is unknown if the family will file a negligence suit for the emotional distress, pain and suffering and anxiety the incident caused them. Although negligent care, negligent abuse and neglect are common at nursing homes in Illinois it is rare to see such negligence continue to affect an individual in the afterlife. To read about this devastating mix-up click here.

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July 9, 2008

Safety Tips to Prevent and Recognize Elder Abuse

Elder crimes have risen drastically across the nation. Senior abuse, senior neglect and crimes against the elderly have even caused some states to create a specific division to prosecute such crimes. Many senior victims are actually hurt by those they know. It is important for communities to stay knowledgeable about the signs to look for to determine if elder abuse is occurring, whether an abused senior is in a nursing home or not. To learn more about this growing problem which in recent years has lead to a flood of nursing home lawsuits click here.

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May 1, 2008

Levin & Perconti Founder and Senior Partner John Perconti Interviewed on ABC News about Rosewood Nursing Homes

Levin & Perconti Founder and Senior Partner John Perconti was interviewed Chicago’s ABC affiliate about the dangers of uninsured nursing homes. The report focused on Rosewood Nursing Homes, specifically the Rosewood Inverness nursing home where a resident died after falling while abandoned in a washroom for an extended period of time. According to Perconti, the nursing home has now taken a defensive position. This case highlights the dangers of uninsured nursing homes: when a nursing home is at fault for a resident’s nursing home abuse and neglect, the victim deserves just and reasonable compensation for their injuries. An uninsured nursing home can attempt to escape responsibility. In fact, some Rosewood Nursing Homes are insured by foreign corporations that do not follow US laws and are not subject to jurisdiction in US courts.

See the video here.

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March 12, 2008

Illinois Nursing Home Bill will help compensate victims of nursing home abuse and neglect

Today great progress was made in advancing the rights of Illinois nursing home residents and their families. The good news comes in the form of House Bill #5213, which has the potential to improve nursing home care in Illinois by demanding accountability from Illinois nursing homes and long-term care facilities as a prerequisite to obtaining and retaining a license.

Currently, 20% of Illinois nursing homes don’t carry liability insurance. This means many Illinois nursing home residents who are abused and neglected in nursing homes cannot be compensated for injuries they suffer from a nursing home's wrongdoing. Furthermore, facilities are not even required to notify residents and their families that they are uninsured.

Today, the House Human Services committee passed HB 5213 sponsored by Representative David Miller. HB 5213 provides that no person may establish, operate, maintain, offer, or advertise a long-term care facility unless they provide the Department of Public Health with proof of liability insurance in an amount not less than $1 million. HB 5213 also reinstates a provision that was removed from the statutes in 1995 that provides that a licensee shall pay treble damages (the greater of three times the actual amount of damages or $500) in addition to costs and attorney's fees when the rights of a resident are violated.

Please join advocates for Illinois' elderly in our efforts to protect the rights of Illinois nursing home residents and their families and to hold Illinois nursing homes accountable for their wrongdoing. A copy of the bill's full text can be found here.

Please contact us if you have any questions at 312-332-2872.

March 9, 2008

Illinois nursing home abuse lawsuits going to mediation

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.

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February 8, 2008

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

Kane County, Illinois employs a prosecutor assigned mainly to cases of elder abuse including one of the most prevalent problems, financial abuse and exploitation. Kane County State's Attorney John Barsanti has said that he hopes to improve community outreach as well and that elder abuse should be viewed like child abuse, where the very vulnerable can be taken advantage of. Illinois and US laws, however, seem to do much more to protect and advocate for children than for elders. Many elder abuse attorneys and advocates across the United States argue that elder abuse and nursing home abuse and neglect laws need to be stronger.

Click here for the full article

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December 12, 2007

Baby Boomers to Face a Crisis

It is a central healthcare issue that should be on everyone’s agenda. Who will care for the baby boomers as they get older and who will train those individuals?

This issue has begun to be addressed in Virginia under the head of the Older Dominion Project – a community initiative aimed at helping its aging residents. According to a recent study, the current population of Virginians 65 and older is about 700,000. This number is expect to double in the next 20 years. Is the same nationwide? Please offer insight as a crucial part of our population continues to grow.

Click here for more information:


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October 1, 2007

Levin & Perconti commends New York Times for nursing home article in Letter to the Editor written by Steven Levin

Re: “At Many Homes, More Profit and Less Nursing” (article, Sept. 23, 2007)

To the Editor:

The abysmal conditions at corporate nursing homes are a case study in what happens when profits are put ahead of human beings.

In a world where Americans' civil rights are increasingly being sacrificed at the altar of big business, Congress must act to protect the vulnerable from abuse. In the case of nursing home residents, Congress could take any number of positive steps. It could, for instance, mandate that potential residents be notified if the facility is in the hands of corporate investors who have shielded themselves from liability. Or, nursing homes could be required to buy insurance that covers lawsuits arising from abuse or neglect.

Specifics aside, Congress must act to protect the most vulnerable members of society. There is simply no excuse — including the “Almighty Dollar” — for the status quo.

Steven M. Levin
Levin & Perconti (Chicago, IL)

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September 28, 2007

Alliance for Quality Nursing Home Care surprisingly refuses to condemn long-term facilities who do not provide quality care

A statement was issued by the President of the Alliance for Quality Nursing Home Care (AQNHC) in response to the New York Times Article released on Sunday in which the AQNHC surprisingly refuses to condemn the practice of providing less than quality care while simultaneously using corporate shells to operate long-term care facilities and avoid accountability. The AQNHC, a group committed to improving the quality of long-term care nationwide, takes the unsupported position that care in America’s nursing homes is improving overall, noting that the New York Times focused their analysis on only 10% of our nation’s nursing homes.

The AQNHC does not deny that care is being sacrificed at these private equity owned homes, nor do they condemn this practice. Further, AQNHC is non-responsive to the issue of accountability where the owners of long-term care facilities - those who reap the profits - are not held accountable for bad care.

Is the AQNHC applauding this practice or not responding at all? One would expect an organization that is engaged in improving care in our nation’s nursing homes to condemn a practice by profit seekers who cut resident services and staff, decreasing the overall quality of care provided to residents.

Instead, the AQNHC lauds the profession’s “demonstrated commitment to public data disclosure,” and transparency, asserting that nursing homes make data available for potential residents to assess the quality of the facility. However, AQNHC forgets that long-term care facilities’ receipt of Medicare funds is conditioned upon reporting this data, making such reporting essentially government mandated.

In essence, the AQNHC applauds long-term care facilities who participate in a government mandated regulatory scheme with no regard for the bad care residents suffer when profits are put ahead of people.

Click here for the statement.

September 24, 2007

More Profit and Less Nursing: New York Times exposes nursing homes owned by private investment groups

Profits come before protecting our nation’s most vulnerable citizens. Nursing homes housing our nation’s elderly that are owned by private investment groups often put profits over people in operating their facilities, the New York Times reported on Sunday.

The Times piece revealed that since the year 2000, 1200 nursing homes have been purchased by large investment groups. While investors of these private groups have been making millions from operating these nursing homes, resident care has declined. The model these groups have been following – reduce costs, increase profits and quickly sell. The consequences of implementing this model are decreased levels of staff and decreased budgets for supplies, activities and other resident services. Decreases in care and services provided to residents leads to nursing home abuse and neglect, a prevalant problem in our nation's long-term care facilities.

Click here for the full article

July 16, 2007

Loyola University Chicago Schools of Law and Social work co-sponsor the Institute on Aging and Mental Health Issues

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

June 24, 2007

Patient Safety and Abuse Prevention Act: Criminal background check for long term care workers -- Please help pass this legislation!

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

June 21, 2007

States face decisions on who is mentally fit to vote

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

Help pass the Home and Community Based Services Co-payment Equity Act

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

June 20, 2007

Ask your legislators to cosponsor the Elder Justice Act

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).

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June 14, 2007

Reminder: Illinois Institute for Continuing Legal Education seminar featuring Michael F. Bonamarte IV tomorrow!

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.

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