Articles Tagged with nursing home news

Empty Wheelchair

Nursing Home Resident Evictions Continue Due to Medicaid Funding

Nationally, long-term care ombudsmen, who advocate for elderly and disabled residents of nursing homes and assisted living facilities, received 10,610 complaints about discharges and transfers in 2017, up from 9,192 in 2015. Many of these complaints arise when a facility asks or pressures a resident to leave with “no due process rights, no notice” even though an advanced notice is required.

We agree with the importance of the recent news report by NBC launched over the Thanksgiving holiday weekend, that some nursing home facilities illegally evict residents when their Medicaid funding runs short and replace them with short-stay Medicare residents. Still, unfortunately, skilled nursing facilities that discharge residents improperly isn’t anything new to us at Levin & Perconti. The Centers for Medicare & Medicaid Services (CMS) estimates, “as many as one-third of all residents in long-term care facilities are involuntarily discharged.” We have been sharing concerns and representing families on this issue for some time.

Nurse Yelling at Patient

Report Proves Illinois Could Do Better at Investigating Nursing Home Complaints

The Office of Inspector General (OIG) released a report in 2017 that showed several states, including Illinois, were missing the opportunity to lead a timely investigation of the most pressing nursing home complaints. These complaints included neglectful occurrences such as residents being left to sit in their urine and feces for hours, residents being admitted to the hospital because of preventable infections, and inappropriate social media posts by nursing home employees.

According to the OIG, these events will typically fall into two types of serious complaint categories that must be addressed within a specified timeframe.

Margeret Black

Catching up with Levin & Perconti Attorney Margaret Battersby Black, 40 Under 40’s Class of 2011.

Levin & Perconti’s Margaret Battersby Black was named to the Chicago Daily Law Bulletin’s 40 Under 40 List in 2011. 40 Under 40 is a highly selective honor process that recognizes outstanding attorneys from across Illinois. Since then, she has posted a series of high-profile, professional achievements that we wish to recognize.

The 39-year-old plaintiff’s attorney, who is also the parent of two young children alongside her husband Jeff, joined Levin & Perconti as a law clerk in 2006, was promoted to associate attorney in 2008 and named Partner in 2014. Margaret has since led a run of successful personal injury cases, as well as notable settlements involving falls, pressure sores and medication errors on behalf of individuals and families in lawsuits related to nursing home abuse and negligence, including but not limited to:

Arbitration Agreement

FAIR Act Bill Has Passed the House, Now Headed to the Senate

On Friday, September 20, lawmakers in the House voted 225-186 to pass the Forced Arbitration Injustice Repeal (FAIR) Act, introduced by Rep. Hank Johnson (D-GA) and Sen. Richard Blumenthal (D-CT), with the help of many supporters who look to hold long-term care doers responsible for abuse and neglect. The bill is designed to end forced pre-dispute arbitration in contracts between consumers and corporations, including nursing homes, long-term care centers and assisted living communities.

Moving ahead, the FAIR Act could:

nursing home vote

Lawmakers Will Soon Vote on the FAIR Act to Stop Forced Arbitration 

Americans have the right of a jury trial unless forced to agree otherwise in the form of an arbitrary clause contractually. These agreements have found their way into all of our employment, consumer, franchise and even medical contracts. Once used as a tool for businesses to solve their disputes, forced arbitration has become a greedy and ruthless tactic, dangerous to consumers.

Just this week, the full House of Representatives is set to vote on the FAIR Act, H.R. 1423. The bipartisan bill, sponsored by Congressman Hank Johnson (D-GA), is vital to all American consumers as no one should be forced to agree pre-dispute to allow third-party arbitrators decide on a judgment rightfully meant for a public trial. The bill has 222 cosponsors including several Representatives from Illinois.

nursing home abuse

Nursing Home Chaplain Agrees to Guilty Plea Deal in Sex Abuse Case

The Good Samaritan Home of Quincy is a place for residents to live independently but also provides environments for assisted living, skilled nursing care, rehabilitation, and dementia care. On Thursday, August 29, a former chaplain of the home James E. Riley, appeared in court to waive his right to a jury trial after a case was opened accusing him of sexually abusing two residents of the nursing home. The victims are ages 88 and 78, and the assaults are said to have happened at the Good Samaritan Home, located at 2130 Harrison Street in Quincy, Illinois, in May of this year.

A negotiated plea of guilty and sentencing hearing is expected to include two counts of criminal sexual abuse, one count of criminal sexual assault, and one count of predatory criminal sexual assault through the use of force.

quarterly violator report

Illinois Nursing Homes Named in Second Quarter Violators Report By IDPH

The Illinois Department of Public Health (IDPH) has released its second Quarterly Report of Nursing Home Violators for 2019. This report dates April 2019 thru June 2019 and highlights 113 Illinois facilities cited for violations of 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.

Facilities with violations in quarter two of 2019 include:

nursing home attorneys

Aperion Care Fined After Dementia Resident Was Sexually Assaulted 

The Illinois Department of Public Health (IDPH) has fined an Aperion Care nursing home in Jacksonville $25,000 for an alleged resident-to-resident sexual assault. According to the state agency’s report of Illinois nursing home violators, an investigation found the facility to have failed at adequately assessing and identifying sexual vulnerability and resident-to-resident abuse.

Here is what was found through IDPH’s report:

nursing home abuse and neglect

Senators Blame Government Regulating Office for Growing Number of Nursing Home Deficiencies

On Tuesday, July 23, bi-partisan members of the Senate Finance Committee, led by ranking committee member Sen. Ron Wyden (D-OR), once again raised alarming concerns over the rising amount of physical, verbal, mental and sexual abuse incidences occurring inside U.S. nursing homes. In addition, and not for the first time this year, confusion regarding the current lack of oversight role the Centers for Medicare & Medicaid Services (CMS) is playing, and funding needs to support sufficient resident-to-staff ratios were recognized and discussed at great length.

Several lawmakers referenced a same-day released report by the Government Accountability Office (GAO) that found:

poor elder care

Nursing Home Chain Failures Highlight a Greater Need for Ownership Regulation and Closer Government Review 

Some of the most troubling elder abuse and neglect stories stemmed from nursing home private ownership in the U.S. recently emerged thanks to an NBC News investigation featuring a man named Joseph Schwartz and his responsibilities over nursing home and long-term care facility chain, Skyline Healthcare. The mogul swiftly built his empire out of a small New Jersey office and then across the Midwest. It failed miserably leaving life-long pain and suffering for more 7,000 elderly Americans in more than 100 facilities in 11 states.

Massachusetts: Schwartz told staff there was no more money to fund all of his nursing homes or to pay them. The care team was buying toilet paper with personal funds to help residents. Patients were left for days in their feces due to staffing cuts and no one to help them. When some of the homes closed, 60 residents had nowhere to go, and family members were left uninformed of their loved one’s displacement. In March of 2019, the final three former Skyline Healthcare nursing homes in Massachusetts were closed and placed in receivership after Schwartz agreed to surrender licenses.

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