Articles Posted in National Nursing Homes

nursing home patients

Majority of Nursing Home Residents Spend Their Time Inactive, Increasing Chances for Chronic Diseases and Injuries

Too many individuals who reside in nursing home facilities are spending their days – sitting. A typical daily schedule for residents will only include light to moderate intensity activities 20 percent of the time and they will remain sedentary the other 80 percent, according to a February 16, 2019 study published in the International Journal of Environmental Research and Public Health. An extremely sedentary lifestyle, especially for those who are already battling health issues, only creates a stronger connection to the development or progression of chronic diseases and disabling conditions such as:

  • Anxiety

nursing home abuse

AARP Speaks Out on Alarming Proposed Changes to Nursing Home Regulation

At Levin & Perconti we continuously monitor changes to current federal and state nursing home regulations in order to inform our clients of how those changes might impact quality of care. Recently we were pleased to see one of the most powerful lobbying groups in the country, AARP, voice concerns about regulatory actions of the Centers for Medicare & Medicaid Services (CMS) in a letter to the United States Senate Committee on Finance.

Not Enforcing the Rules

nursing home fungus infection

Chicago-Area Attorney Steve Levin Comments on Deadly Fungus Outbreak Occurring in Illinois

Both The New York Times and Chicago Tribune recently reported a drug resistant super fungus called Candida auris, is plaguing 50 percent of Chicago-area nursing homes. This is a germ the Centers for Disease Control and Prevention (CDC) has deemed an urgent threat and is tricky to kill even with hospital grade disinfectants. The fungus, which is a yeast, is most noticeably found throughout patient rooms, on the skin of patients, and on daily medical devices such as blood pressure cuffs and medication containers. The most serious cases of infection from the fungus often occur in skilled nursing facilities that care for ventilated patients, or in long-term acute care settings.

“This is unacceptable,” says attorney Steve Levin, founder and senior partner of Levin & Perconti in Chicago. “We don’t know which nursing homes have been impacted yet – and, given the lengths that long-term care facilities’ corporate owners will go to in order to keep secret the dangerous conditions and poor care behind their closed doors – we might never know.”

healthcare fraud

Miami-Dade Nursing Home Owner Convicted in Largest U.S. Healthcare Fraud Scheme

Just last week, a 12-person jury deliberated for four days before finding Philip Esformes, a 50-year-old entrepreneur and owner of a network of 16 nursing homes and assisted living facilities in Florida, guilty on 20 out of 26 charges related to healthcare fraud. This is believed to be the largest fraud scheme ever charged by the U.S. Justice Department and a reflection of the business owner’s greed through receiving kickbacks, money laundering and conspiracy to commit federal program bribery totaling $37 million. In an April 5th, 2019 public statement, prosecutors called him a “despicable,” “vampire” who was fueled by “unbounded greed.”

“Esformes exploited and victimized patients by providing inadequate medical care and poor conditions in his nursing homes. We will continue the fight against such parasites.”

nursing home attorney

McClean County Nursing Home Residents Transferred After LeRoy Manor Closes

The former long-term care residents of the LeRoy Manor building, located in the central Illinois community of Bloomington-Normal, have moved to other nursing homes throughout Illinois. The private nursing home closed on February 15, 2019, displacing 75 employees and 66 residents. Administrators say about 90 percent of the residents were receiving Medicaid and poor reimbursement by the state was to blame for the closure. The group announced plans to end long-term care services at the home in January of 2019.

Thankfully, regional ombudsman from the East Central Illinois Area Agency on Aging told local news outlets that residents and their family members felt individual rights and desires were protected during the transition and that staff saw the process out appropriately. Unfortunately, this is not always the case and many residents preparing for a move out of their control will find themselves neglected or abused during a time of uncertainty and when changing staffing challenges become present. The move may be tough though for many of the LeRoy Manor residents who were originally from the area and able to stay connected with family and friends on a regular basis. These are relationships important when addressing basic care and medical needs and identifying nursing home neglect and abuse symptoms of loved ones.

Illinois veterans care

VA Finally Publishes Nursing Home Care Reports with Foul Neglect Findings

In June of 2018, USA TODAY and The Boston Globe led with horrific reports that the U.S. Department of Veterans Affairs (VA) had been dishonest in reporting the quality of care served to 46,000 veterans for years, leaving residents and their families to suffer and without the vital health care information to support a dignified, pain and injury free life for a generation fueled by American heroes. The investigative reporting used information from 133 VA nursing homes and concluded more than two-thirds were “more likely to have issues related to serious bedsores and residents who will suffer serious pain, than their counterparts in private nursing homes across the country.” Since, many of the official reports have been released to the public and reveal additional deficiencies and an absolute tragic view of the reality of care these veterans will likely continue to receive.

According to the first round of reports made public in March of 2019, these are only a few examples of how inspectors observed veterans treated while receiving care in a VA nursing homes and long-term care facilities.

nursing home abuse

Illinois Auditor General Report on 2015 Quincy Legionnaires’ Outbreak Reveals Procedures Not Followed and Possible “Cover Up”

On Monday, March 25 the Illinois Auditor General released the state report related to the deadly Legionnaires’ disease outbreak at an Illinois veterans’ home located in Quincy that began on August 21, 2015. The infectious disease crisis carried along for several years and impacted 66 residents and 8 others who tested positive for legionella and resulted in 13 resident deaths which likely could have been prevented. The report contradicted the state’s former administration’s solutions to the outbreak and showed recommendations led by federal authorities to remedy the crisis were not actually followed.

Our legal team has highlighted these key themes found within the state audit report:

nursing home reform

Latest Senate Hearing Shows CMS Can Do More to Protect Nursing Home Residents

On Wednesday, March 6, 2019 another government session, this time led by the US Senate Committee on Finance, was held to discuss several disturbing reports of nursing home abuse and neglect and the lack of preventative measures and faulty reporting system used by the Centers for Medicare and Medicaid Services (CMS) to create environments for quality resident care. The hearing was led by Chairman, Chuck Grassley (R – IA) and Ranking Member, Ron Wyden (D – OR) with special panelist testimony delivered by family members of residents fallen victim to nursing home abuse or neglect.

A Minnesota woman heartbreakingly remembered her mother, an Alzheimer’s patient who was raped by care staff. During the hearing she said, “My final memories of my mother’s life now include watching her bang uncontrollably on her private parts for days after the rape, with tears rolling down her eyes, apparently trying to tell me what had been done to her but unable to speak due to her disease.” A woman from Iowa shared her family’s concern after their mother died in a nursing home ranked with the highest possible quality of resident care scores from CMS even though the organization had been seriously fined for physical and verbal abuse. The elderly woman was allegedly left in severe pain and may have been dehydrated days before her nursing home death.

On Wednesday, the United States Senate Committee on Finance held a public hearing entitled “Not Forgotten: Protecting Americans From Abuse and Neglect in Nursing Homes.” The hearing included statements from adult children of nursing home residents who were the victims of rape, abuse, and neglect at the hands of their caretakers.

Letter Describes How Recent Government Actions Endanger Nursing Home Residents

Prior to the hearing, six long term care advocacy organizations banded together to send a letter to the Senate Committee on Finance to remind them of the government’s recent actions that have scaled back protections for those in nursing homes.

nursing home opioids

Wisconsin Nurse Charged for Stealing Opioids from Three Nursing Homes

News of a Wisconsin nurse charged with stealing medication from three nursing homes is unfortunately too common of a read these days. According to the Feb. 2019 criminal complaint, the 36-year-old nurse was charged with four counts of obtaining a controlled substance by fraud and two counts of misdemeanor theft while being employed by Atrium Health Care in Chippewa County. The charges came after another employee contacted local police alerting them that a worker at a nursing home had her name forged in a book that tracks narcotic counts. The book showed Oxycodone had been signed out 11 times with conflicting signatures.

The thief, who was also a trusted nurse, was soon identified and later admitted to taking Opioids and prescription pills, including Vicodin, Oxycodone and Lorazepam, and others from two nursing homes she worked at as well. Opioid drugs are commonly prescribed by physicians for nursing home residents with moderate to severe pain and those in serious, life-threatening illness and can include:

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