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nursing home stimulus payment theft

Nursing Homes Do Not Have a Right to Resident Stimulus Funds

Unfortunately, financial abuse is a common problem in nursing homes across the country, including right here in Illinois. And after thousands of reports to the Federal Trade Commission (FTC), we now know that some nursing home facilities and long-term care homes are attempting to take pandemic stimulus payments intended for residents. Residents who rely on Medicaid remain easy and effortless targets even though these facilities have no right to claim residents’ stimulus checks.

The FTC said in a January 4, 2021 statement:

covid-19 death by negligence nursing home

Levin & Perconti Representing Bloomington Family After COVID-19-Related Nursing Home Death

In May 2020, Bloomington Rehabilitation and Health, located at 1925 South Main Street in Bloomington, was home to a COVID-19 outbreak that resulted in 59 confirmed cases among staff and residents and the death of 11 residents. Levin & Perconti is representing the family of one of those residents. Marlene Cowans-Hill, a 72-year-old woman from Bloomington, was a resident at the long-term care facility when the outbreak occurred.

Levin & Perconti lawyers filed the lawsuit against the facility’s parent company, Petersen Health Care, on November 20, 2020, alleging “gross negligence” related to Cowans-Hill’s lack of attention and care by staff and her untimely death. Her daughter, Anita Martin of Bloomington, is named as the plaintiff in the lawsuit. The 48-page lawsuit alleges the older woman suddenly became sick while living at the long-term care facility and tested positive for COVID-19 just days before she died.

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)

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.”

advocating for nursing homes

Please Continue to Advocate for Nursing Home Residents

During these difficult times, it remains vital for patients and their families to understand that nursing home residents still have the right to proper care. And providers should always be held accountable when that care goes badly wrong.

The “Safe to Work Act” was recently introduced in the U.S. Senate. The Act is designed to provide an escape route for nursing homes if negligent care and harmful abuse harms or kills nursing home residents. This immunity would extend for five years and apply to all harm to nursing home residents.

mclean nursing home covid-19

McLean County Nursing Homes Face New Wave of COVID Infections

Community spread of the coronavirus is the biggest threat to long-term care facilities. And now, news of a third wave of COVID-19 infections is again concerning communities with elder care facilities such as nursing homes, group homes, and skilled nursing communities. In McLean County, 9 of those facilities are experiencing cases on an upward trend, including three outbreaks, with the largest at a large assisted living facility in Bloomington. At the Bickford House, located at 14 Heartland Drive, there are 36 confirmed cases of COVID-19 and two reported deaths.

Elder care facilities in McLean County that have had cases within the last 28 days include:

case referral from mccready law

“Levin & Perconti Does the Best Job with Nursing Home Cases Here in Chicago.” – McCready Law Firm

Many cases we handle at Levin & Perconti are referred to us by other attorneys who may not have the same resources, experience, and tools their clients and cases require. Because of this, we have a widely engaged network of referring lawyers nationwide, and every year we pay out millions in referral fees. A partner of ours, Michael McCready, who is a personal injury attorney at McCready Law Firm, recently let us know that he believes Levin & Perconti does the best job around.

“My clients and my firm have always been pleased with the level of representation and the results that they receive. Levin & Perconti does the best job with nursing home cases here in Chicago and throughout Illinois,” said McCready. “We highly recommend working with Levin & Perconti on these complex cases.”

covid-19 pandemic nursing home criminal charges

Massachusetts Nursing Home Leaders Are First to Face Criminal Charges Related to Coronavirus Deaths

Holyoke Soldiers’ Home in Massachusetts is home to 76 patients who died due to coronavirus outbreak that began in March and led to 160 residents and staff members found to be positive for COVID-19. According to Massachusetts Attorney General Maura Healey, two leaders of the veterans’ home have now been criminally charged for those related deaths. Healey said the nursing home officials are believed to be the first in the country to face criminal charges in connection with the pandemic.

According to McKnight’s Long-Term Care News, “A grand jury indicted former Holyoke Soldiers’ Home Superintendent Bennett Walsh, 50, and former Medical Director Dr. David Clinton, 71, based on their decision to merge two dementia care units, combining COVID-19 positive residents with others who were asymptomatic.”

flu outbreaks during covid-19 pandemic

COVID-19 Care Failures Should Prepare Illinois Nursing Homes for Influenza Outbreaks

In the last flu season, an estimated 35.5 million people were sick with the illness, 16.5 million people required a health care provider for their treatment, and there were 490,600 influenza hospitalizations and 34,200 deaths, according to the Centers for Disease Control (CDC). Due to the coronavirus pandemic and an estimated 213,000 related deaths and counting, medical communities agree that this year’s influenza burden may magnify one of the deadliest illnesses in the United States, with the elderly residing in nursing homes affected most severely.

Shockingly, U.S. nursing homes have the lowest flu shot rates among health settings, leaving many residents of nursing homes already at a significant risk of becoming infected with COVID-19, now left to battle influenza. And as we have witnessed with the rapid spread of COVID-19, many nursing homes and long-term care facilities are not necessarily prepared to prevent an infectious disease outbreak among residents and staff. The pandemic has brought renewed attention to nursing home quality issues related to infectious diseases, such as:

october long-term care residents month

October Reminds Us That “Connection Matters” for Illinois Nursing Homes Residents

Every day, Illinois families bring their loved ones to nursing homes all around the state, some feeling certain and others uncertain that they will receive the high-quality care and comfort needed and their rights protected. Unfortunately, willful neglect, preventable accidents and illnesses, and abuse occur even in the most highly-rated facilities. October is a time to remind families and residents of the many rights designed to protect them from these situations.

Residents’ Rights Month is an annual event held in October by the National Consumer Voice for Quality Long-Term Care (Consumer Voice) to celebrate and focus on awareness of dignity, respect, and long-term care residents’ value. This year’s theme is “Connection Matters.” The theme emphasizes connections – to family, friends, and the community – as essential components of good health and residents’ quality of life.

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