Illinois Nursing Home Abuse Blog

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.

Steven Levin of Levin & Perconti will present on nursing home abuse and neglect for the National Academy of Elder Law Attorneys (NAELA) training teleconference on June 25, 2008 from 2:00pm-3:30pm EDT/1:00pm-2:30pm CDT as part of their national training program for elder law attorneys. Levin will present on personal injury and wrongful death actions for elderly. Elder Law Attorneys owe it to their clients to consider the possibility of pursuing personal injury and wrongful death cases when the elderly are victims of neglect and abuse resulting in injuries and death.

See the registration information here.

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 for Medicare and Medicaid Services (CMS) has released its action plan for nursing home improvement. CMS is responsible for establishing standards for national nursing home care by developing the standards, inspecting homes, and collaborating with other organizations to help ensure standards are met. The CMS action plan lays out the 2008 goals and milestones for improving nursing home standards including plans on improving treatment and management of bedsores and pressure ulcers, ways to improve feeding by using dedicated feeding aides, and other means of improving nursing home care.

Read the full action plan 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.

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

In a recently released report, the Government Accountability Office has recommended changes in laws, programs, and policies that would encourage people to work at older ages. Currently, the varying age-related rules of eligibility for different types of benefits, such as social security, medicare, private pensions, retiree health insurance, and IRAs provide different incentives for people to retire at different ages. At times, these incentives drive people out of the workforce, even where they would be willing and able to continue to work. By making the recommended changes, the GAO hopes that various government and private programs would be able to work in tandem to encourage work at older ages.

click here for the full report
click here for the report highlights

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.

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.

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.

According to a recent Healthgrades study, the most commonly occurring patient safety incidents include failure to rescue, decubitus ulcers, and post-operative respiratory failure. These three incidents accounted for almost 72% of all patient safety incidents from 2003 through 2005. The study further explained that some of these incidents were also the most costly. Decubitus ulcers and post-operative respiratory failures accounted for 50.70% of all excess attributable costs from 2003-2005. Decubitus ulcers (bedsores) are common evidence of nursing home neglect, often attributable to staffing shortages or lack of training.

To read the full study.

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.

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.

A Harvard researcher recently concluded that caring for U.S. veterans returning from the Middle East could cost $662 billion over 40 years. The researcher also said that the Bush administration is not adequately prepared to pay for the medical care and disability benefits of returning veterans. The Department of Veterans Affairs has said that there are 16 “non-mortally wounded” soldiers per battlefield death, in comparison to the 2.6 wounded per death in Vietnam.

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 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.

The makers of Plavix, a popular blood-thinning drug, are the target of multiple lawsuits by users and third-parties. The plaintiffs allege that the pharmaceutical company marketed the drug in disregard of its potential health risks. The plaintiffs state that the manufacturers “over-promoted” the drug and were twice ordered by the FDA to withdraw ads that made overly broad claims. Plavix was the second most widely prescribed drug in the world in 2005, with sales in the U.S. of about $5.9 billion.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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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.

A two year national campaign to address quality in nursing home care will kick off with a summit on September 29, 2006. The goals for the project center around nursing home abuse and neglect and include: reduction in high risk pressure ulcers; reduction in the use of daily physical restraints; improvement in pain management in both long stay and short stay residents; setting individualized quality improvement targets; regular assessment of resident and/or family satisfaction; reduction of staff turnover; and adoption of consistent staff assignment whereby residents are cared for by the same caregiver regularly. One of the founders of the campaign is the National Citizens’ Coalition for Nursing Home Reform (NCCNHR).

To learn more about the campaign.
To learn more about NCCNHR.

The American Trial Lawyers Association (ATLA) offers law firms a chance to achieve greater visibility and obtain services for enhancing specialized practice through membership in its select Leaders Forum.

For more information on joining the ATLA’s Leaders Forum.

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 Academy of Elder Law Attorneys (NAELA) in conjunction with the American Law Institute – American Bar Association will be presenting a webcast on October 4, 2006 entitled “Protecting Mama’s Life Savings.” The webcast will be broadcast from 1:00 p.m. – 4:15 p.m. Central Standard Time and will consist of discussion with interactive question and answer sessions.

The NAELA focuses on assisting lawyers, organizations, and others who work with older clients and their families. They provide information, assistance, and education in many specialized issues that surround elderly life.

To register for the webcast.

To learn more about NAELA.

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 Drum Major Institute for Public Policy recently launched “Tort Deform: The Civil Justice Defense Blog” to offer an accurate analysis of the current state of the civil justice system.

The website provides an alternative to the relentless “tort reform” movement that aims at restricting justice for civil litigants. Such “tort reform” efforts have sought to make it nearly impossible for victims, such as medical malpractice victims or nursing home abuse victims, to hold those who have injured them properly accountable in court.

To go directly to the website.

The Social Security Administration has released a report on income sources and amounts for population 55 and older. The report details the major sources and amounts of income, the importance of particular sources of income, proportions of the group below the poverty lined, and the varying economic status of the aged at varying levels of income and Social Security benefits.

For the report