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medicaid fraud case

Former Chicago Nursing Home Executive Has Sentence Commuted After Found Guilty of Largest U.S. Medicare Fraud Scheme

Philip Esformes, who used to be a well-known Chicago-area nursing home mogul, also known as the King of Medicaid Fraud, was released from prison after President Donald Trump commuted his sentence on December 22, 2020. The Presidential commutation disturbingly lessened the former executive’s criminal sentence, without vacating the conviction itself. Esformes, 51, was arrested in 2016 for various acts of criminal conduct tied to a $1.3 billion Medicare and Medicaid fraud scheme found through a complex web of bank accounts and systemic payment of bribes. Ultimately, he was caught continuously cycling as many as 14,000 nursing home and assisted living residents in Chicago and Miami while collecting millions from government programs designed to support services he never provided. In 2019, Federal prosecutors sentenced Esformes to 20 years in prison.

“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.” -Shimon Richmond, U.S. Department of Health and Human Services Office of Inspector Generals (Miami)

vaccine for covid-19 patients on way

Chicago’s Long-Term Care Residents and Healthcare Workers in Line To Receive First Round of COVID-19 Vaccines

An emergency meeting led by the immunization advisory panel for the Centers for Disease Control and Prevention (CDC) on Tuesday, December 1, 2020, confirmed that long-term care residents and healthcare workers would be the first to access the long-awaited COVID-19 vaccine. Once authorized by the federal government, an estimated 3 million residents and 21 million healthcare workers at long-term care facilities, including skilled nursing, assisted living, and other residential care facilities, will be eligible. The CDC is expected to provide further guidelines on how to distribute amongst the groups.

McKnight’s Long-Term Care News is reporting the groups will be treated as so:

nursing home death by neglect covid-19

Associated Press: “Residents are suffering and dying from neglect.”

The nursing home abuse and neglect attorneys at Levin and Perconti support a statement provided by The National Consumer Voice for Quality Long-Term Care in response to a November 19, 2020, Associated Press report, Not just COVID: Nursing home neglect deaths surge in shadows. The article only confirmed what advocates for residents of long-term care facilities, care workers, and families have known for months: residents are suffering and dying from neglect.

According to the AP:

illinois nursing home attorneys recognized

Levin & Perconti 2020: Recovering 74+ Million for Clients

Last year, the attorneys at Levin & Perconti obtained more than $74 million in total settlements for their clients, placing the firm among the top 5 in the state, as ranked by Jury Verdict Reporter in its 2020 Settlement Report.

“We are deeply proud to be recognized for our success in securing top-dollar settlements for our clients,” said Levin & Perconti partner Steven Levin. “This is how we hold accountable those who cause injury and suffering to others.”

Partners At Illinois Law Firm Recognized As Leaders

Levin & Perconti Partners Chosen as Influential Leaders in Legal Profession

Levin & Perconti partners Margaret Battersby Black and Mike Bonamarte have been separately acknowledged for their work as leading attorneys in Illinois. Battersby Black has been nominated for her rising influence as a woman in the legal field and named to Crains Notable Women list for 2020. And, Bonamarte has been asked to join the Illinois State Bar Association’s steering committee on racial inequity.

In 2020, also Battersby Black and Bonamarte joined Levin & Perconti partners Steven Levin, John Perconti, and Susan Novosad for achieving the notable 2020 Illinois Super Lawyer title. The attorneys were recognized for individual and team work representing clients in medical malpractice and personal injury cases, including nursing home abuse and neglect. Bonamarte and Battersby Black were previously honored by the Super Lawyers Rising Stars program for early-career lawyers, multiple times.

abuse of covid-19 relief funds

Some U.S. Nursing Home Providers Will Misuse COVID Relief Funds

A revealing story published in the Washington Post shows that many for-profit nursing homes across the U.S., received hundreds of millions of dollars in COVID relief by The Health Resources and Services Administration (HRSA). The funds were intended to be shared to help health care workers and nursing home residents address pandemic-related shortcomings in care, but came with few spending restrictions. Unfortunately, some for-profit owners may take advantage of the support rather than spend the money on necessities such as personal protective equipment or hazard pay for nurses and aides caring for residents battling COVID-19.

According to Health and Human Services (HHS):

nursing homes high risk of covid-19

Illinois Nursing Home Facilities with Ongoing Infectious Disease Shortcomings

For decades, nursing home owners and operators have cut corners and allowed their facilities to perform under minimal oversight. Legal liability serves a definite purpose and is a functional safeguard for nursing home residents who have the right to be served by an operation that complies with laws and regulations. Our attorneys are currently investigating outbreaks and reviewing over 100 complaints involving assisted living, long-term care, and skilled nursing facilities that have failed to uphold adequate procedures and responsibility related to the COVID-19 outbreak in the greater Chicago area and surrounding communities in Illinois.

Here is a summary of facilities representing only a small number of our findings.

inspection for nursing homes

How To Read a Nursing Home Inspection Survey To Identify Abuse or Neglect

All nursing home providers participating in the Centers for Medicare & Medicaid Services (CMS) program must meet Federal reporting requirements as well as state laws as they relate to the Illinois Nursing Home Care Act. Homes must also remain in substantial compliance to remain in operation and be evaluated for care standards through annual surveys and inspections. It is expected that any recorded violation will then be addressed promptly and residents will no longer be at risk from those noted deficiencies.

Families can review a website published by CMS called Nursing Home Compare. Here, they can access quality of care information for every nursing home that participates in Medicare and Medicaid in Illinois. Nursing Home Compare provides an overall star rating based on three factors: health inspections, staffing levels, and quality measures, but also includes the results of recent health inspections.

covid-19 cases at tillers of oswego nursing home

Symphony at the Tillers of Oswego releases COVID-19 statistics showing 46 COVID infections and 9 deaths.  Levin & Perconti, Illinois nursing home lawyers launch investigation into gross negligence in preventing the spread of COVID-19

On June 12. 2020, Symphony at the Tillers of Oswego, located in Oswego, IL, released long term care outbreak data reporting of laboratory confirmed COVID-19 outbreak cases.  These statics confirm that 46 infections and 9 deaths have occurred at the facility during the COVID-19 outbreak.

News Article

covid-19 statistics uptown health center

Uptown Health Center releases COVID-19 statistics showing 122 COVID infections and 17 deaths.  Levin & Perconti, Illinois nursing home lawyers launch investigation into gross negligence in preventing the spread of COVID-19

On June 12, 2020, Uptown Health Center, located in Chicago, IL, released long term care outbreak data reporting of laboratory confirmed COVID-19 outbreak cases.  These statics confirm that 122 infections and 17 deaths have occurred at the facility during the COVID-19 outbreak.

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