March 11, 2010

Both Chicago and Illinois Move to Improve Nursing Home Safety

Illinois and Chicago officials are looking towards new legislative proposals to improve nursing home safety. 48th Ward Alderman Mary Ann Smith has introduced ordinance amendments which will hopefully strengthen the current city of Chicago inspections of nursing facilities. Additionally, the nursing home legislation will increase enforcement and penalties of incidents of nursing home abuse. Under the new legislation nursing homes will be required to make the details of their financial and safety records more accessible to the public.

While this new city legislation is being debated, Governor Quinn’s office is planning to introduce legislation that will implement the recommendations of the recently formed Nursing Home Safety Task Force. This task force was formed immediately after the Chicago Tribune reported the grave conditions that take place at area Chicago nursing homes. These incidents included rapes, attacks and murders in those facilities that house the elderly with the mentally ill. The task force has recommended tightening criminal background checks on new residents, increasing nursing staffing and bolstering sanctions against facilities whom chronically breach safety regulations.

The Chicago nursing home lawyers of Levin and Perconti support the recent efforts to improve nursing home safety. They recognize that legislative action may decrease the cases of nursing home abuse throughout the state of Illinois. Many other organizations are supporting the legislation such as the AARP, Illinois Citizens for Better Care and the trial lawyers association. The crafters of the bill believe that the great amount of support they are receiving will help the nursing home bill pass through the legislative channels. To learn more about the recent proposals, check out the Chicago Tribune article.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Legislation, Nursing Home Abuse

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February 27, 2010

Illinois Continues Nursing Home Safety Push to Reduce Abuse and Neglect

According to the Chicago Tribune, Illinois Attorney General Lisa Madigan stated that both her office and the local police are intensifying their efforts to protect nursing home residents by making unannounced visits and conducting broad safety checks at troubled Illinois nursing homes. Criminal investigators have joined with Chicago police to examine nursing home records to uncover unregistered felons and sex offenders living within the facilities. They are also interviewing residents and staff at those facilities with histories of serious safety breaches. Madigan’s chief of staff stated that the current regulatory system has proved itself incapable of any type of rapid response to violations.

Governor Quinn is also working to introduce a comprehensive package of nursing home safety-reform bills. This is after Quinn’s Nursing Home Safety Task Force completed a 52-page plan to overhaul to state’s troubled long-term system that includes nursing homes housing more than 3,000 patients with felony records. The task force has met with representatives of the state’s largest nursing-home association as well as advocates for both the mentally ill and the elderly. It has recommended screening of people admitted to nursing homes by identifying those with criminal backgrounds. This will help decrease the amount of in-resident nursing home abuse.

The task force was initiated in response to a Chicago Tribune investigation documenting the rapes and attacks at Illinois nursing homes. If you or a loved one has been of victim of nursing home abuse, please contact a Chicago nursing home abuse lawyer. To learn more about the findings of the nursing home task force, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation

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February 8, 2010

Chicago, Illinois Nursing Home Abuse and Neglect Attorney Steven Levin on Nursing Home Safety

Chicago nursing home attorney Steven Levin wrote to the Chicago Tribune to praise them for their commitment to uncovering nursing home abuse. He applauded the Tribune’s efforts in raising public awareness of Chicago nursing home abuse. Attorney Levin believes that there is a critical need for adequate staffing in nursing homes to protect residents from harm or abuse. When nursing-home owners focus on census over patient care, nursing home negligence ensues. Care workers must be sufficiently trained to create an environment void of physical and sexual abuse. Steven Levin urged readers to contact their respective state representatives to demand legislation that provides minimum staffing standards for Illinois nursing homes. This will help avoid Chicago nursing home abuse. To read the entire letter to the editor, please check out the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Home Abuse, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Levin & Perconti in the News

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February 5, 2010

Somerset Place in Chicago, Illinois is Facing Shutdown for Nursing Home Negligence

Chicago’s Somerset Place nursing home has filed a civil lawsuit to stop the government from administratively shutting it down. State and federal authorities were threatening to close Somerset Place until it remedies the serious safety breaches they found upon inspection. The officials stated that these breaches put “the health and safety of residents in immediate jeopardy.” The Chicago nursing home has filed a submitted plan of correction. This story correlates to the recent Chicago Tribune reports that found violence and elderly abuse at the facility. There were also numerous Department of Public Health citations along with complaints from the community. The Centers for Medicare & Medicaid Services did warn the facility that it would face termination from their programs unless these problems were addressed. The nursing home negligence has lead to fines of at least $6,050 per day. Also, their Illinois state license is in the process of being revoked. If you have a loved one within Somerset Place, please consult a Chicago nursing home attorney. To learn more about the nursing home revocation, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Incidents, Somerset Place

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January 27, 2010

Chicago Tribune Report on Sexual Abuse in Chicago Nursing Homes

As Chicago nursing home attorneys, we have represented hundreds of victims of nursing home abuse and neglect and witnessed many instances of sexual abuse in Illinois nursing homes. Today, the Chicago Tribune reports on their latest investigation into poor care in Chicago nursing home, focusing on sexual assault and abuse in nursing homes throughout the city.

Citing incidents at such nursing homes as Rainbow Beach Care Center and All Faith Pavilion on the South Side, and Sheridan Shores Care & Rehabilitation Center, Warren Park Health & Living Center and Somerset Place on the North Side, the investigation reveals the epidemic of sexual violence, along with the fact that little is being done to stop it. According to the Tribune’s investigation, 86 cases were investigated, but only one arrest was made.

Throughout Chicago, nursing home owners, such as Eric Rothner (who has ownership in Rainbow Beach, Sheridan Shores and Somerset Place), operate their homes at below-average staffing levels. This creates an environment where even the most well-intentioned direct care staff cannot deliver the proper care and attention that the residents need and deserve. In addition to low staffing levels, Chicago nursing homes often mix populations of elderly residents with younger, mentally-ill residents. Sometimes, these psychiatric residents have histories of violent crime. This creates an unsafe environment for more vulnerable residents, because nursing homes do not have the staff to properly monitor psychiatric residents.

To read the Tribune’s entire report on their investigation into sexual abuse in Chicago nursing homes, follow the link.

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Posted In: All Faith Pavilion, Chicago Nursing Home Abuse, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes, Sheridan Shores Care & Rehabilitation Center, Somerset Place

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January 26, 2010

More Illinois Nursing Homes are Swept for Residents with Warrants

Authorities swept two Chicago-area nursing homes for people with outstanding arrest warrants. The sweeps identified 20 residents with warrants ranging from domestic battery to assault. The raids were initiated by Attorney General Lisa Madigan who stated that Illinois is “working to keep Illinois nursing homes safe and not safe houses for fugitives.” Eight people were arrested on the warrants. The team searched the Rainbow Beach Care Center and the Kenwood Healthcare Center. They are both located on the South Side of Chicago. State records show that both facilities have large number of felons who create frequent police reports. Rainbow Beach had 18 felons out of a total of 193 residents and 17 reports of assaults or batteries. Kenwood has 95 felons living amongst 172 residents and has had 30 police reports of assaults or batteries. Madigan is upset that background check laws are not being complied with. She hopes that people will follow the legislation to avoid nursing home abuse. To learn more about the recent raids, check out the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

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January 18, 2010

Illinois Task Force Proposes Sweeping Reforms to End Violence in Chicago’s Troubled Homes

A panel appointed by Illinois governor Quinn proposed a great deal of reforms that are designed to end the chronic violence and elderly abuse that plague many Illinois nursing homes. Also, the panel is brainstorming ways to foster better treatment for people with serious mental illness living in nursing homes. One of the proposals is to have tightened criminal background checks of new nursing home residents. They are also recommending that the state police start searching Illinois nursing homes for residents with outstanding warrants. Illinois nursing homes should be brought up to the standards spelled out in federal government studies on nursing home care. An important way to achieve this goal is to divert the mentally ill people from nursing homes into more appropriate treatment settings in their communities. Finally, Illinois has recognized that mixing the elderly and mentally ill in understaffed nursing homes creates a great deal of nursing home abuse. To read further into the new panel, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Home Abuse, Chicago Nursing Homes, Compromised Care: Tribune Investigation

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January 15, 2010

Illinois Governor Panel Proposes Sweeping Nursing Home Reform

An Illinois nursing home panel appointed by the Governor proposed an array of reforms that are designed to end the chronic violence and nursing home abuse that plagues the elderly. The panel is also trying to foster better treatment for better treatment for people with serious mental illness living in nursing homes. New proposals range from tightened background checks of new nursing home residents to stronger sanctions and enforcement of facilities with chronic safety breaches. The safety task force also recommended that state police begin searching residents for outstanding warrants. He also wants to increase minimum staffing requirements of the facilities to bring them up to federal government studies in nursing home care. Illinois must pull itself from last place and learn to become a leader in nursing home care. The task force is focused on outlining a broad plan to expand housing and treatment options and divert mentally ill people from nursing homes. The task force was formed in response to the Chicago Tribune reports on assaults, rapes and murders in Illinois’ nursing homes. The most important issue is whether the state should have separate facilities for those with violent backgrounds. Many people that you should not mix dangerous and vulnerable residents. To learn more about the task panel, please click the link.

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Posted In: Chicago Nursing Home Abuse, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Nursing Home Abuse

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January 13, 2010

Chicago Aldermen Discuss Tougher Oversight for Nursing Homes

Chicago aldermen stated that they were considering steps to strengthen oversight of troubled nursing homes that admit high numbers of felons and psychiatric patients. The city began focusing on felons and psychiatric patients in nursing homes after the Chicago Tribune published a series that exposed cases of rape and murder in nursing homes that mix criminals with the elderly. The Foster District police commander stated that there were nearly 5,000 calls for police service coming from Somerset Place nursing home in Uptown. She added that nearby shop owners were adversely affected by some residents who cause disturbances. While Chicago once inspected and licensed nursing homes, they have now turned over those responsibilities to the state. One alderman stated that the city should consider resuming licensing and inspecting facilities. Many were shocked at the number of felons and mentally ill patients that were housed with seniors. A representative from Loyola University stated that students are harassed by residents at Wincrest Nursing Center. She stated that residents were using drugs and panhandling because they were not getting the requisite care. To learn more about the Chicago nursing home plans, please click the link.

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Posted In: Chicago Nursing Home Abuse, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Incidents, Somerset Place

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January 1, 2010

Reform Care for Mentally Ill

The Chicago Tribune’s Compromised Care series has sparked new interest in ways the state could improve care for people who are severely mentally ill. The Illinois Psychiatric Society believes that Illinois should overhaul how it provides care for people who are severely mentally ill by redirecting its funding to programs that are proved to help. They have recommended many changes. This includes allocating the vast majority of state and federal funds to agencies that provide community-based care. The Illinois Department of Mental Health must certify more community mental health centers. It is important that funding for treating the severely mentally ill is being well-spent. Individuals who have a violent criminal history and who are severely mentally ill should be housed in an appropriate setting that keeps the community and the individual safe. To read more about the steps to help protect the mentally ill residents living in Illinois nursing homes, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

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December 28, 2009

Raids Target Felons in Chicago Nursing Homes

Federal, state and county officials swept two Chicago-area nursing homes for felons with outstanding arrest warrants and identified 18 residents wanted on charges ranging from disorderly conduct to burglary to assault. The early morning raids were initiated by Illinois Attorney General Lisa Madigan in response to Chicago tribune reports about Illinois nursing facilities that house high numbers of felons and sex offenders. Five people were arrested, including a sex offender wanted in another state. Three residents were too sick to be taken into custody. The team found nine felons when it swept Columbus Park Nursing & Rehabilitation Center on Chicago’s West Side. They found nine residents with warrants at Heather Health Center in Harvey. The team also did a sweep at Sumerset Place. The number of felons known to be living in Illinois nursing homes has grown as the state increasingly relies on the facilities to house younger psychiatric patients. A spokesman for the Columbus Park facility stated that the majority of the outstanding warrants were for out-of-state crimes and would not surface during a background check. Heather Health Center was recently given an “average” rating for the home despite the fact that there were 30 felons living in the nursing home. To read more about the Illinois nursing home raids, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

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December 24, 2009

Nursing Home Sweeps Find Outstanding Warrants

Officials swept two Chicago-area nursing homes for felons with outstanding arrest warrants and identified 18 residents wanted on charges ranging from disorderly conduct to burglary to assault. The raids involved 20 federal marshals and Cook County sheriff’s police were initiated by Illinois Attorney General Lisa Madigan. Five people were arrested, including a sex offender wanted in another state for failing to register. In three cases, the residents were too sick to be taken into custody, and the other warrants were not immediately enforceable because they were issued in other jurisdictions. Authorities examined records for Somerset Place on the North Side and discovered three residents with outstanding warrants. The number of felons known to be living in Illinois nursing homes has grown as the state increasingly relied on nursing homes to house younger psychiatric patients. Many of these patients have criminal records. To read the full sweep story, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Incidents, Sex offenders and parolees in nursing homes

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December 18, 2009

Illinois Nursing Home Inspections Stun State Officials

Top state officials who recently visited Illinois nursing homes said that they were stunned and disappointed by the conditions at some facilities. They described grim institutions crowded with large numbers of mentally ill residents who wandered aimlessly without proper treatment. Department of Human Services Assistant Secretary Grace Hou stated that it was an eye-opening experience. Other officials publicly questioned whether some of the mentally ill people had medical conditions that were serious enough to justify their placement in a nursing home. One Illinois nursing home had close to 80 percent of residents who were mentally ill, but facility administrators had labeled their mental illness as a secondary diagnosis. This becomes an issue because under current Medicaid rules, the federal government stops reimbursing the state for care at nursing homes when they fill more than half their beds with residents who are exclusively mentally ill. It has become evident that housing the elderly with mentally ill patients leads to nursing home abuse. The number of elderly rapes, assaults and deaths goes up greatly. To learn more about the recent inspection, check out the link.

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Posted In: Illinois Nursing Homes, Compromised Care: Tribune Investigation, Incidents

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December 15, 2009

New Charges in Columbus Park Nursing Center Resident Death

First degree murder charges have been brought upon a Chicago nursing home resident who killed a fellow resident in August at the Columbus Park Nursing Center in the city's West Side. According to a report on Chicago Breaking News, the 62-year-old resident, described as a psychotic felon with a history of aggressive behavior, began punching the victim after he found the victim eating his lunch. The 72-year-old victim, who suffered from dementia, was taken to a Chicago hospital where he died a month later from his injuries. Medical examiners later ruled his death a homicide.

This death was not the first incident of nursing home assault at Columbus Park Nursing Center. In fact, the report notes that earlier this year, there were 11 reported incidents of battery in a 90 day period. Incidents of nursing home abuse in Chicago have received a lot of attention lately, due to a recent series of reports by the Chicago Tribune that highlight some of the biggest issues surrounding poor quality care in nursing homes.

To learn more about this incident of abuse at Columbus Park Nursing Center, follow the link.

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Posted In: Chicago Nursing Homes, Columbus Park Nursing Center, Compromised Care: Tribune Investigation, Nursing Home Abuse

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Illinois Weighing Tougher Sanctions for Nursing Home Administrators

State authorities stated that they are reviewing laws and policies to strengthen the disciplinary sanctions taken against nursing home administrators in cases of wrongdoing and patient harm. Although there are serious allegations of violence against nursing home residents, administrators are rarely punished by the Department of Financial & Professional Regulation, which licenses the administrators and other professional staff. The Chicago Tribune examination of government records show that department officials have been discussing possible reforms with the new Illinois Nursing Home Safety Task Force. Discussions have centered on ways the state Health Department can streamline the reporting of misconduct and safety breaches to their agency, which could strengthen the disciplining of facility administrators. Not one Illinois nursing home administrator has had his or her license revoked since January 2005. Additionally, out of the thousands of cases of nursing home abuse only 20 administrators have been disciplined for nursing home negligence. One nursing home administrator was found to have multiple health violations and was linked to the deaths of two residents for negligent care. Her license was only suspended for one year. Illinois nursing home administrators should be disciplined for gross negligent care. To read more about the new task force, check out the link.

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Posted In: Illinois Nursing Homes, Nursing Home Staff, Compromised Care: Tribune Investigation, Incidents

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December 3, 2009

New Nursing Home Concern is Unregistered Sex Offenders

In the last year, Chicagoans have learned that senior citizens are living in nursing homes that are understaffed and occupied by sex offenders. A new Chicago Tribune report shows that there are many unregistered sex offenders living at the Illinois nursing homes as well. Less than 33 percent of Illinois’ nearly 200 sex offenders in the state’s nursing homes have registered the sex offenders on the online registry. A Chicago Reporter analysis shows that there is a disproportionate amount of offenders live in homes where the majority of the residents are black. To read more about the problems in Chicago nursing homes, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation

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Death in Nursing Home Shows how Violence Can Spill into the Neighborhoods

Crimes are being committed by residents of Chicago nursing homes throughout the Uptown and Edgewater neighborhoods. Illinois is a unique state because it allows nursing homes to house younger adults with mental illness patients including several thousand felons. The Chicago lakefront communities of Uptown and Edgewater contain the state’s densest concentration of mentally ill and criminal nursing home residents. In a 2-square-mile section of the neighborhoods, 11 facilities housed 318 convicted felons and 1,350 people with mental illness. Also most of these nursing homes have substandard nursing staff levels and care. This creates a great deal of both nursing home negligence and abuse. To read more about how Chicago nursing homes house mentally ill patients, please click the link.

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Posted In: Illinois Nursing Homes, Chicago, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

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November 24, 2009

Nursing Home Law Discussed at Hearing

Legal experts explained that the mental health code which does not allow felons to be mixed with mentally ill people and seniors applies to nursing homes; however it seems to not be enforced. Currently, there are two separate sets of state laws regarding nursing homes and the mentally ill. These have caused confusion about how to treat individuals. For example, under state law, voluntary nursing home residents may leave whenever they want, yet if they are seriously mentally ill, the situation becomes more complicated. Illinois relies more heavily than any other state on nursing homes to house psychiatric patients. There are often time legal problems with placing the individuals in Illinois nursing homes. This news game at the fourth hearing held since the Chicago Tribune investigation that found nursing home abuse that went so far as death. The panel will submit a report concerning nursing home negligence by January 31, 2010. To learn more about the legal discrepancies, please click the link.

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Posted In: Illinois Nursing Homes, Compromised Care: Tribune Investigation

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November 23, 2009

Registered Sex Offender Groped Mentally Impaired Woman in Toluca Nursing Home

Contrary to a nursing home’s assurance that a registered sex offender presented no recent problems, a newly obtained government report and interviews show that the man allegedly groped a mentally impaired woman at the facility. According to Department of Public Health, the Asta Care Center of Toluca in central Illinois failed to fully investigate the incident, implement an appropriate care plan for the sexual predator, or properly monitor him to protect others. Even the nursing home’s attorney acknowledged to the Chicago Tribune that administrators erred in not interviewing the female about the alleged sexual abuse, as is required by law. The perpetrator is alleged to have molested female residents in two prior incidents at the Asta Toluca nursing home and their sister facility in Bloomington. The perpetrator was moved back to the Toluca this summer and given a state assessment calling him a “high risk” of danger to others. Failing to monitor residents is being a common form of nursing home negligence in Illinois. To read more about the compromised care investigation, please click the link.

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Posted In: Illinois Nursing Homes, Compromised Care: Tribune Investigation, Incidents, Sex offenders and parolees in nursing homes

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November 20, 2009

Illinois Nursing Homes House Unregistered Sex Offenders

Under Illinois law, families researching nursing homes are directed to search a state police Web site for critical information about sex offenders living in the nursing home. However, with only 59 of the 192 sex offenders in Illinois nursing homes listed on that registry, the research may be frivolous. The Chicago Tribune reported that the shortfall is most visible in Chicago nursing homes where fewer than one in five sex offenders in nursing homes were posted on the police Web site. The problem occurs because of a specific gap in the law. Although some sex offenders can remain dangerous for decades if unmonitored and untreated, many are no longer required to register with police if their convictions or final parole dates occurred more than 10 years ago. Also, state investigators have documented more than a dozen instances since 2007 in which nursing homes have failed to notify local law enforcement that they housed a convicted sex offender as required by law, or failed to implement care plans to monitor and treat sex offenders inside the facilities. The greatest problem occurs when the sex offenders physically abuse the nursing home residents. Last year, state health inspectors cited the Asta Care Center of Elgin for failing to inform authorities of a sexual predator. An 80 year old sex offender was not closely monitored in Asta Care Center in Bloomington. To read more about sex offenders in nursing homes, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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