Articles Tagged with nursing homes

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 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.

types of strokes

Nursing Homes Are Not Always Equipped to Recover Stroke Patients

2016 recommendations from the American Stroke Association (ASA) still stand true in 2019. If someone living in a nursing home has a stroke, they should be treated in an inpatient rehabilitation facility, rather than remain in the home. The resident may need intensive, multidisciplinary treatment and initial rehabilitation should take place in a specialized care facility equipped with the appropriate care staff. The ASA recommendations go on further to say that the “patient should participate in at least three hours of rehabilitation a day from physical therapists, occupational therapists, and speech therapists.” Since nurses are continuously available and doctors visit more often than at nursing homes, any form of recovery will be faster than if the patient remains under previous nursing home care.

6 Types of Stroke

nursing home drug dangers

Elder Justice Coalition Links Nursing Home Abuse and Opioid Abuse

With an opioid epidemic in our country that is beyond alerting, it remains evident that the 2017 guidelines The Centers for Disease Control and Prevention (CDC) set forth for managing chronic pain with caution against opioid use are not being followed. The CDC continues to warn that the benefits for improving pain and function through dangerous opioids must outweigh the risks when prescribing and administering the drugs. One group of Americans persistently impacted by the mismanagement of opioids is the nursing home population.

The nonpartisan Elder Justice Coalition (EJC) recently met with the Department of Health and Human Services’ (HHS) Assistant Secretary for Health and Senior Advisor for Opioid Policy, Admiral Brett Giroir in response to the opioid crisis. Assistant Secretary for Aging and Administrator of the Administration for Community Living (ACL), Lance Robertson and leadership of the National Adult Protective Services Association (NAPSA) were also present. EJC National Coordinator Bob Blancato released this statement recapping the meeting in a January 23, 2019 EJC press release.

for profit nursing homes

Vulnerable Populations Pay the Price as U.S. Nursing Home Chains Crumble Under Risky Financial Choices

The Long Term Care Community Coalition, in partnership with the Center for Medicare Advocacy, is preparing a strong agenda for 2019 starting with a joint statement concerning the chaos that has occurred in the nursing home industry as operators, even those of large care groups, are undertaking money hungry risks at the cost of their own staff resources and vulnerable patient residents. The joint statement highlighted investigative findings reported by The Washington Post, The Kansas City Star, The Philadelphia Inquirer and The New York Times of these U.S. nursing homes chains.

  • The Carlyle Group bought HCR ManorCare and each year since the number of health deficiencies at the chain rose 26 percent. The Carlyle Group then went on to sell ManorCare’s real estate collection for more than $6 billion dollars but inevitably faced bankruptcy in 2018 after not being able to pay rent to the new owners.

nursing home abuse

Illinois Department of Veterans’ Affairs Submits First Required Biannual Report

The first required biannual report for the Illinois State Veterans Homes has now been published for the reporting period of July 1, 2018 through December 31, 2018 and highlights the number of complaints made by residents including those listed in a “Resident Grievance Log” and required follow-up by staff, information on any epidemic reported at a veterans home, the number of cases and information on the cases, and action taken by the homes to eradicate the spread of communicable disease. The new reporting requirements enacted in 2018 by Illinois lawmakers mandate the Department of Veterans’ Affairs Act (20 ILCS 2805/2.13) direct the Illinois Department of Veterans’ Affairs (IOVA) to report the following information to the Illinois General Assembly:

  • The number and nature of complaints made by residents;

nursing home illness

Last Flu Season Was Deadliest for Nursing Home Residents

During the 2017-2018 flu season, an estimated 80,000 Americans died and 900,000 were hospitalized, according to the U.S. Centers for Disease Control (CDC), making last year one of the deadliest our country has even seen with the elderly and very young children affected most severely. A new study from Brown University School of Public Health reports that a more immunogenic vaccine, such as the adjuvanted trivalent influenza vaccine (aTIV), can improve clinical outcomes in nursing home patients compared with a non-adjuvanted trivalent influenza vaccine.

According to the CDC, older adults with weaker immune systems also may have a lower protective immune response after flu vaccination compared to younger, healthier people.

residents' rights month

Part 2: Residents’ Rights Month

October is Residents’ Rights Month, an annual event created by advocates to honor residents living in all long-term care facilities. This is an important time for family members and residents to be reminded of the rights anyone living in a nursing home has, protected by the 1987 Nursing Home Reform Law. In a previous blog post, the nursing home abuse and neglect attorneys at Levin & Perconti reviewed the first half of these rights to ensure readers understand residents must be treated with the same rights as those individuals residing in the larger community. Those rights found in a blog post titled Part 1: Residents’ Rights Month, include the 1) right to be fully informed, 2) right to complain, 3) right to participate in one’s own care, and 4) right to privacy and confidentiality. The remaining four residents’ rights outlined in the reform law include:

  1. Rights During Transfers and Discharges

nursing home rights
Part 1: Residents’ Rights Month

The 1987 Nursing Home Reform Law is a federal law requiring nursing homes to “promote and protect the rights of each resident” in support of individual dignity and self-determination. Unfortunately, the law is often violated without repercussion because most seniors (and their family members) are not aware of the legal protections that support an individuals’ rights when residing in a nursing home facility. The month of October has been recognized as a time to address these needs and protections. To show support, the nursing home abuse and neglect attorneys at Levin & Perconti would like to review the first four residents’ legal rights outlined within the 1987 Nursing Home Reform Law in Part 1 of this Residents’ Rights Month blog series.

Four Nursing Home Rights You Need to Know

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