Articles Tagged with illinois nursing homes

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nursing home abuse

How Nursing Homes Should Handle Dangerous Prescription Drug Recalls

While most families worry about the misuse of their loved one’s prescription drugs while they are living in a nursing home, a new medication issue is presenting itself across America. In 2017, the American Medical Association released a report showing that many drugs the U.S. Food & Drug Administration (FDA) approves are involved in some kind of recall or safety event after being released to consumers. Nursing home and long-term care residents are especially at risk of taking recalled or defective drugs because not all recalls are announced by the FDA or reported in the news media. When a public announcement is not made, notification is typically made by communication from the drug manufacturer to a nursing home resident who may not be reachable or cognitive. A nursing home pharmacist or lead medical staff should be in the know of any recalled medications, remove any faulted drugs from the stock cabinet and help provide an alternative plan alongside a nursing home patient’s treating physician to prevent unnecessary sickness or injury.

Understanding Drug Recalls

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nursing home wrongful death

A Closer Look at Christian Village Nursing Home Resident’s Untimely Death

Levin & Perconti attorneys recently reviewed second quarter nursing home violations in Illinois on the blog. One out of two facilities with a Type AA violation was Christian Village nursing home, located at 1507 Seventh St. in Lincoln. The home received the serious violation for failing to notify a 64-year-old patient’s doctor of rapid changes related to asthma. The female resident died a preventable death if only she had been treated for her known progressive respiratory symptoms and soon after initial complaints of shortness of breath. Her issues were followed by a continual decline in overall health and was soon later found unresponsive and taking her last supported breaths at a hospital. As a result, the Lincoln nursing home has been fined $50,000 by the state.

According to a report by the State Journal Register, the doctor, who isn’t named, is quoted in investigative documents saying, “I should have been notified” of the patient’s “progressive respiratory symptoms.” In the same note, the doctor said he had “no ideas what was going on” or he would have “ordered an antibiotic or sent the patient to a hospital emergency department earlier if he had known the patient continued to be short of breath,” and that he was shocked to hear the patient had died. The State Journal Register outlined the patient’s timeline of care in a July 18, 2018 news article.

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nursing home abuse

Nursing Home Sexual Abuse Allegations Are Slow to Be Investigated

Throughout the country and right here in Illinois, an already crippled group of elderly are being raped and sexually abused by the very people responsible for their daily care. It doesn’t matter if they are residents of low-income Medicaid funded homes or patients who pay ridiculous costs for daily living and care support staff, the victims are out there, yet little is being done to prevent or remedy the issue. In addition, for the victims or family members who report the allegations, identifying a perpetrator remains a challenge due to the very nature and mental state of most residents.

According to a CNN report, in Illinois, since 2013:

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nursing home abuse and neglect

Aperion Care Capitol Nurse Was Never Trained on Feeding Tube Placement

According to a state report filed by the Illinois Department of Public Health, Aperion Care Capitol, a 251-bed skilled-care facility and nursing home located at 555 W. Carpenter St. was fined for “failing to ensure there were appropriately trained staff to reinsert a feeding tube” that fell out while two nursing assistants were haphazardly removing the patient’s T-shirt.

According to the March 2018 report:

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nursing home neglect

Payroll Records Indicate Nursing Home Staffing Shortages Create Serious Gaps in Patient Care

Only recently did the Centers for Medicare & Medicaid Services (CMS) begin collecting and reviewing daily payroll records from more than 14,000 nursing homes. The publishing of the data became required by the Affordable Care Act of 2010. Kaiser Health News recently analyzed the submissions and caught that most U.S. nursing homes have been operating grossly understaffed and reporting a false review of average employee shifts. Kaiser claims these nursing homes had:

  • Significant fluctuations in day-to-day staffing, with particularly large shortfalls on weekends when personnel cared for nearly twice as many residents as normal.
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Hidden VA Nursing Home Care Data Published

According to USA Today and The Boston Globe, the Department of Veterans Affairs (VA) has been tracking and withholding data on the quality of care at VA nursing homes for years. Because of this alleged fail, resident veterans and their families may not see the bigger picture regarding the quality of care services provided or performed. Families may also be withheld vital health care information to assist in making support decisions. On June 25, 2018, the national news outlets published the ‘hidden’ information from 133 VA nursing homes using reports obtained from internal DVA documents. The review concluded that for the 46,000 veteran residents across the U.S., more than two-thirds of their VA nursing homes 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.”

Unlike the VA, private nursing homes are required to submit timely reports on the care they provide to measure quality, inspection issues and staffing. That data is then publicly posted on a federal website for families to use when researching a facility for their loved one.

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nursing home violations

New Report Shows Serious Care Violations and Doubled Fines For 56 Illinois Nursing Homes

The Illinois Department of Health produces quarterly reports on nursing home violators. The most recent report, dating January 2018 thru March 2018, highlights more than 50 Illinois facilities determined to be lacking in patient care abilities related to the Nursing Home Care Act, a statute that provides nursing home residents and their families with the assurance that proper and safe care will be received.

Some violations heightened with a serious high-risk designation, and all homes received fines of no less than $1,000 while others reached more than $50,000 fines for issues that caused actual harm or immediate jeopardy to residents. Several problems were related to infected bedsores, medication mix-ups, poor nutrition, and abuse and neglect of patients caused by lack of support or inexperienced, overburdened staff. These violations may result in an official recommendation for decertification to the Department of Healthcare and Family Service, or the Secretary of the United States Department of Health and Human Services. Facilities included in this report are:

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nursing home abuse

Opioid Epidemic Swindles Its Way into Theft of Nursing Home Resident Medications

A 31-year-old nurse from central Illinois has plead guilty to resident burglary after stealing opioid patches from several terminally ill nursing home patients. Prosecutors say the man was working as a nurse at Bloomington Rehabilitation and Health Care Center but was actually not on duty when he entered a resident’s room and stole a pain patch. Just two days later he also removed the same type of medication from a terminally ill person at a care facility where he previously worked. Five other charges were dropped as part of the plea deal which will require him to surrender his nursing license and face a possible sentence of up to 15 years in prison.

Nursing home employees can be tempted to steal resident medications to feed and drug addiction habit or may be tempted to take the prescriptions and sell them for their own financial gain. While not OK, nursing home employees are often underpaid, struggling financially, and looking for quick ways to supplement their income. One little pill can be sold for up to $200. Family members have also been known to steal medication from loved ones while caring for them at home or when visiting them in a facility.

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nursing home surveillance

With Elder Abuse on The Rise, Wisconsin Looks at New Way to Prosecute Offenders

Horrific. Demonic. These are the words some nursing home residents (and their family members) are using to describe their abusers. And if the thought of having your loved one beaten, left without food or resting in dirty linens, being overmedicated, sexually abused, robbed, or neglected is painful to think about, the process to prosecute a guilty party without any physical evidence can be even more gut-wrenching. Because most investigators have only the victim’s statements to go on, police struggle to build cases on just accusations. More so, the most vulnerable nursing home residents, those with cognitive issues or memory diseases, may not be able to speak up or even be aware of the abuse.

As these cases increase every year across the nation, it’s simple to see that getting away with elder abuse is just too easy. Cases remain unresolved because of the lack of evidence needed to prosecute nursing home mistreatment or crime and the trends continue. Illinois, including Texas, Oklahoma, New Mexico, Washington, and Maryland have already passed laws allowing some form of surveillance in nursing homes. In addition, Wisconsin’s Attorney General Brad Schimel recently decided enough-is-enough after county data reported 7,019 complaints in 2016, up 21 percent from just three years earlier. The state has announced a move to stop abuse by gathering reliable evidence for prosecutions via state loaned surveillance cameras to family members, free of charge for 30 days, so they can secretly record staff suspected of abusing their loved ones. This move, which is only the second video surveillance loaner program of its kind in the U.S., the other in New Jersey, has ignited protests by the elderly care industry, providers and privacy advocates.

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nursing home reform delay

Impact of Centers for Medicare & Medicaid Services (CMS) Decision to Delay Enforcement of Protections For Nursing Home Residents

On May 30 several State Attorneys General, including Illinois Attorney General Lisa Madigan, sent a joint complaint to Alex M. Azar II, Secretary of the U.S. Department of Health and Human Services and Seema Verma, Administrator Centers for Medicare & Medicaid Services and expressed extreme concern over the Centers for Medicare & Medicaid Services (CMS) actions to slow regulatory enforcements that support the safety and wellbeing for Medicare and Medicaid beneficiaries who receive care in nursing homes and long-term care facilities. In the letter, the Attorneys General are holding CMS responsible for not pushing forward a 2016 series of skilled nursing facility reforms that were set to move out in three future stages. The current administration’s delay will bring major challenges in holding facilities accountable for providing appropriate resident care and well-being.

“We write this letter to express our concern and to alert the Centers for Medicare & Medicaid Services (CMS) about the substantial and foreseeable detriment of CMS’ actions to delay enforcement of protections for Medicare and Medicaid beneficiaries who receive care in skilled nursing facilities (SNFs). The recent CMS guidance significantly decreases the protections in SNFs by rolling back reforms to improve the safety and wellbeing of nursing home residents. If allowed to proceed, recent regulatory changes will not only threaten the mental and physical security of some of the most vulnerable residents of our states, but also potentially create additional challenges for MFCU investigation and prosecution of grievances, violations, and crimes occurring in SNFs. We therefore urge you not to lower the level of regulatory oversight.”