Recently in Illinois Legislation Category

May 14, 2013

Medicaid Cuts Affecting Care for Star Residents

On May 13, 2013, hundreds of nursing home staff members gathered outside of the Thompson Center in downtown Chicago to protest the most recent cuts for medical services. While Illinois lawmakers allege that cuts are being made across the board, members of the cheering crowd rallied behind the idea that cutting Medicaid funding for nursing home residents is "just wrong."

One concerned citizen in particular stated that her brother is a resident at a facility in Aurora and recently the frames on his glasses broke. However, he is unable to get a new pair for at least 2 years, which is the mandatory waiting period. This is just one example of the repercussions from the state reducing or eliminating Medicaid funding for prescription drugs, dental care, eyeglasses, chiropractic care, and a variety of other services.

The Medicaid cuts that effectively eliminated dental, vision, and podiatry were supposed to save Illinois approximately $1.6 billion. However, state officials have admitted that those projected savings feel short by nearly 30%.

Fortunately, there is an increasing amount of awareness. For example, resident of a nursing home located in Quincy recently took it upon themselves to persuade Illinois lawmakers to restore some of the services that were cut as a result of Medicaid reform last year. The residents gathered to show their support for the Health Care Council's campaign titled, "Be a Star for Nursing Home Residents." The council is a professional association representing more than 80,000 nursing home professionals who serve more than 80,000 residents throughout 500 different nursing facilities in Illinois.

In furtherance of their campaign, representatives spoke to specific detriments of the funding reductions/eliminations. For example, a cut on a person's foot may not be thought of as a fatal issue. However, when the patient is a diabetic a simple cut can cause serious problems.

In order to show Governor Quinn and his staff that they truly are "stars," the residents were decked out in Hollywood attire, including crowns, feathered boas and fedoras. The residents then signed a petition that will be delivered to Governor Quinn, along with legislators.

On the other hand, the campaign did acknowledge that restoring Medicaid funds for dental, vision and podiatry would cost Illinois approximately $3 million to $4 million per year. However, with nearly 85% of residents within certain facilities relying on Medicaid funding, it is crucial to find a way to restore the funding and ensure that the residents will receive adequate care. The residents are real people with real medical needs.

The information in this blog was provided by Matt Hopf of the Herald-Whig. The article can be located at http://www.whig.com/story/22148391/nursing-home-residents-rally-to-restore-cuts-in-service.

Additional information regarding the recent protest outside of the Thompson Center in downtown Chicago can be located at http://chicago.cbslocal.com/2013/05/13/nursing-home-workers-protest-medicaid-spending-cuts/.

If you or someone you love has been injured, neglected or abused in a nursing home at the hands of nursing home caretakers, please contact Ed Fox & Associates today.

April 8, 2013

The Effects of Filial Support Laws on Nursing Home Costs

Recent developments in the area of filial support law have the potential of affecting how families budget for nursing home costs. Currently, 29 states (not including Illinois) have what are called filial support laws on the books. Filial support laws are put in place in order to require certain family members of an indigent elderly person to provide financial assistance for his or her unpaid care. These laws have various levels of requirements depending upon the state that you are in. A recent law review article by law professor Katherine C. Pearson, which was published in the Spring 2013 edition of the University of Illinois Law School's Elder Law Journal, took an in-depth look at some of the states where these laws are taking a more prominent role in nursing home funding.

One of the cases that Pearson looked at was the Pennsylvania HCRA v. Pittas case. In September of 2007, John Pittas' (who was the appellant) mother was admitted to an HCR facility for skilled nursing care and treatment where she resided and was treated until March of 2008. In March of 2008, Pittas' mother relocated to Greece. A large portion of her bill at the HCR facility went unpaid and, as a result, HCR sued Pittas for $93,000 under the state's filial responsibility law. After a three-day trial, the trial court ruled against Mr. Pittas in the amount of $92,943.41. On appeal, the appellate court affirmed this ruling and refused to consider imposing joint responsibility on his mother's husband or her two other adult children.

In a recent article reacting to this decision in the Southern Illinoisan Business Journal by Richard Habiger, he states that "[w]ithout proper planning by both parents and children, and without legal advice from an experienced elder law attorney, children may very well be on the hook for thousands of dollars of care required by their aging parents." Although there are no filial support laws currently on the Illinois books, there are some experts, like Professor Pearson, who believe that more states may adopt similar laws in the upcoming years. This puts a premium on making sure that families plan for the costs of nursing home care in advance of admitting their loved ones into a long-term care facility.

Professor Pearson concluded her article with this theory on where legislation may be heading "It seems reasonable to conclude that when a nation is both willing and financially able to provide adequate public support to assist poor elders, filial support laws are less important and less frequently used. In the United States, when the federal government was willing to fully fund Medicare and Medicaid for elders' health care and long-term care in nursing homes, federal policies led states to repeal or limit the use of filial support laws to mandate financial support for parents by their adult children. However, as the large demographic cohort of baby boomers ages, thus increasing the likelihood of costly health care and long-term care, there may be heightened interest among the U.S. states in using filial support laws against adult children." Our office encourages you and your family to take the necessary steps to plan for nursing home care costs so that you will not have to worry about the effects of this potentially growing area of law. This may very well include seeking legal counsel for advice on how best to plan for funding, and how current state or federal law could affect your family's liability for the costs of long term care.

If you or someone you love has been injured, neglected, or abused in a nursing home at the hands of nursing home caretakers, please contact Ed Fox & Associates today.

March 14, 2013

The Illinois Financial Crisis May Force the Elderly into Nursing Home Facilities

Illinois currently funds programs that allow 80,000 elderly and disabled people to live at home. However, Illinois foresees itself running out of funding for such programs by March 15, 2013, which is 3-1/2 months before the fiscal year ends on June 30, 2013.
Once these funds are exhausted, smaller non-profit home healthcare agencies will be forced to close, layoff employees, and leave thousands of elderly people scrambling for alternatives to in-home care, according to Bob Thieman, executive director of the Illinois Association of Community Care Program Healthcare Providers. Thieman further stated, "The state's going to pay for this one way or another. If these seniors cannot be picked up by other in-home providers, they're going to wind up in nursing homes, which will cost a lot more."
It is becoming increasingly evident that the state legislature has failed to improve reforms for the pensions that will reduce the cost. Consequently, the state has been forced to delay in paying its bills in order to balance the budget.
While state officials claim that the situation is improving, Thieman indicated that it is actually getting worse for home healthcare providers. In fact, home healthcare providers already wait nearly 6 months to be paid by the state. Nevertheless, the state has advised them to continue submitting invoices even though they have no intention to paying them immediately.
As for the source of the problem, the department blames the action on overdue bills from last year, which it indicated "ate up" 1/4 of the $687 million budgeted for the current year. This spending strategy was intended to help elderly people remain independent by paying for in-home care.
Unfortunately, this would not be the first time that the state has encountered a problem of this magnitude. In fact, this is the 2nd time in 2 years that the state has exhausted its funds before the end of the fiscal year, according to Thieman. However, this year's warning arrived much earlier. Nevertheless, this early warning caused a much larger backlog of bills.
As previously stated, the program, which includes 40 providers, currently serves approximately 80,000 elderly people each month, according to the Department of Aging. These 40 providers are comprised of entities ranging from nonprofits such as Catholic Charities to for-profit companies such as Addus HealthCare. Further, the 40 providers employ nearly 25,000 home-care assistants, according to Thieman.
One may find themselves blaming the economy as a whole. However, no other state has institutionalized late payment of bills quite like Illinois, according to the National Council of State Legislatures. By the end of the 2012 fiscal year, the state's backlog of unpaid bills stood at $8.7 billion, which was approximately a quarter of the state's annual revenue. This number has the ability to sky-rocket to nearly $22 billion within 5 years unless the state takes action in order to curb its public pension costs. Furthermore, the state currently has $96.8 billion in unfunded pension liabilities.
With regard to possible solutions, Illinois Comptroller Judy Baar Topinka propositioned lawmakers to either approve increased spending or require state agencies with surplus funds to return them for other agencies to use. The legislature responded by approving additional funding. However, it did not allocate any funds for the elderly and people with disabilities, according to Topinka's spokesman, Brad Hahn.
If you or someone you love has been injured, neglected or abused in a nursing home at the hands of nursing home caretakers, please contact Ed Fox & Associates today.
The information in this blog was provided through an article in The Huffington Post authored by James B. Kelleher. If you would like to read the article in its entirety, please visit
http://www.huffingtonpost.com/2013/03/09/illinois-elderly-home-care_n_2841143.html

January 31, 2013

Controversial changes coming in long-term care insurance pricing

A recent Chicago Sun-Times article has "sounded the alarm" on changes that the Long Term Care (LTC) insurance industry will soon be implementing. The article bluntly stated that "Gender discrimination is coming - and it's perfectly legal." The LTC insurance industry has come to the realization that women generally live longer than men. This means that women will use more benefits from their LTC policies. In an effort to increase profit, the LTC insurance industry has decided to move away from a unisex, age-centered model, and adopt a gender-specific model (as we see in life insurance) where policy prices will rise as much as 40 percent for some women. Genworth has announced that they will implement this gender-specific model in the second quarter of this year, and many other insurers are set to follow suit. The article suggests that if you are a woman who is considering purchasing LTC insurance, you should act now before prices start skyrocketing.

The article goes on to quote an employee of the insurance brokerage MAGA, LTC who stated that if someone buys a policy today, it is less likely that his or her premiums will increase by a large amount because "insurers have planned better." He also stresses that having even a small amount of LTC insurance will gain you entry into better facilities which prefer privately insured customers as opposed to those relying solely on Medicaid.

There has been some backlash to this gender-specific model which charges women more for the same plan that is given to men due to this perception that all women live longer. Based on the National Women's Law Center's (NWLC) 2012 report entitled "Turning to Fairness," the practice of "gender rating" costs women approximately $1 billion in the individual health insurance market in a year. It also states that on average insurance companies charge non-smoking women more than male smokers. Currently only thirteen (13) states have banned gender rating (Illinois is not one of them). The report states that gender rating also occurs in the group market where businesses with a predominantly female workforce will often pay more for coverage.

The NWLC report ends by documenting some of the effects that the Affordable Health Care Act (ACA) will have on these practices. Section 1557 of the ACA prohibits discrimination in health programs receiving federal dollars, including insurance, and other programs conducted by the federal government, including health insurance exchanges. Most of these provisions will take effect in 2014, and unfortunately will not reach those insurance programs that are not federally funded. The hope of the NWLC is that the implementation of the ACA will influence private insurance providers to adopt similar practices so that women will be treated with the same factors as men in the market.

If you or someone you love has been injured, neglected or abused in a nursing home at the hands of nursing home caretakers, please contact Ed Fox & Associates today.

January 22, 2013

Fines Continue to Add Up for Illinois Nursing Homes

According to an article by Deborah L. Shelton, a Chicago Tribune reporter, Illinois ranks 3rd among states in the number of times federal officials suspended payments to a nursing home due to serious deficiencies. In the past 3 years, payments for Medicare and Medicaid have been suspended 91 times at 78 different homes. Suspending such funds occurs when the deficiencies at a facility are so serious that regulators must press for immediate improvement.
The Illinois Department of Public Health conducts surveys of nursing homes under contract with the Centers for Medicare and Medicaid Services. Facilities are rated on an A to L scale, with L indicating the most serious deficiencies. In Illinois, D was the most common rating by far.
Scores of J, K, and L signify "immediate jeopardy to resident health or safety." For example, a J score signifies an isolated incident while a K score signifies that the deficiency was part of a pattern. An L score, which is the most severe, signifies that the occurrence was widespread. Among the 773 nursing homes in Illinois, 144 nursing homes were cited for at least one J, K, or L deficiency within the last 3 years. However, 54 were able to escape without any fines from Medicare or Medicaid. In regards to nursing homes in the Chicago area, All American Nursing Home had the highest number of serious deficiencies, 11, according to the Centers for Medicare and Medicaid Services.
Additionally, a total of $2.43 million in fines were levied against 199 nursing homes, with the average fine being $6,031. The penalties ranged from an $80,160 fine imposed against a Chicago nursing home for having 53 deficiencies to a $650 fine imposed on a Peoria nursing home cited for 27 deficiencies.
Further, some nursing home facilities have been designated as a special focus facility, which means that the facility has a history of serious quality issues and is part of a special program to stimulate improvements in care. According to Illinois surveys, Fairview Care Center of Joliet was one of three homes that tied for having the most deficiencies in the state, 82. Due to these deficiencies, the facility has had their payments suspended twice and has been designated a special focus facility. In fact, last year a resident was attacked with a metal container by another resident. The resident was hurt and had to get six staples and six stitches to the head. State auditors cited the facility for failing "to respond appropriately to resident's behavior in a timely manner, provide appropriate interventions and adequate supervision to prevent resident to resident physical abuse."
If you or someone you love has been injured, neglected or abused in a nursing home at the hands of nursing home caretakers, please contact Ed Fox & Associates today.
To read this news article in its entirety, please click http://articles.chicagotribune.com/2012-12-24/health/ct-nw-illinois-nursing-homes-20121224_1_deficiencies-special-focus-facility-three-homes.

January 22, 2013

The Illinois Nursing Home Care Act Guarantees Safety

Under the Illinois Nursing Home Care Act, nursing home residents are guaranteed certain rights, including the freedom from abuse and neglect, while staying at a long-term care facility. In reality, however, some Illinois nursing homes expose elderly residents to many dangers when they are in their most vulnerable state, times when most would expect a heightened level of care and peace.
When the Chicago Tribune conducted its own investigation, called "Compromised Care," it found that most sex offenders living in nursing homes were unregistered and many cases of assault and rape went unreported.
The investigation also underscored the deeper issues of understaffing and inadequate training and reporting at Illinois nursing homes. The newspaper described the fatal beating of a 72-year-old dementia patient by a convicted felon at the Columbus Park Nursing and Rehabilitation Center, illustrating the danger of placing helpless elderly patients near the potentially violent. In this instance, the attacker had been imprisoned twice for felony convictions in Nebraska and Arkansas, but because Illinois law only required in-state background checks, the home did not know of these out-of-state convictions. Furthermore, the staff failed to monitor the attacker, even after frequent violent behavior, and failed to correctly report the incident.
A similar situation occurred at the All Faith Pavilion nursing home on Chicago's South Side when a 77-year-old man who had been rendered helpless by a stroke was fatally beaten over the head with a clock radio by a 50-year-old man who suffered fits of delirium. The man had had a history of negative and aggressive behavior, but the nursing home still placed the two men in the same room.
If you or someone you love has been injured, neglected or abused in a nursing home at the hands of nursing home caretakers, please contact Ed Fox & Associates today.

The information in this blog was provided by Sonia Piacenza, Illinois Nursing Home Reform: Sorting Out the Deadly Mix, 16 Pub. Int. L. Rep. 109 (2011)

September 18, 2012

Dismal Quarterly Report for Illinois Nursing Homes

According to the Illinois Department of Public Health's Quarterly Report of Nursing Home Violators, the Illinois Department of Public Health initiated action against 132 Illinois nursing homes for violations of the Nursing Home Care Act or it has recommended decertification to the Director of the Department of Healthcare and Family Service, or the Secretary of the United States Department of Health and Human Services for violations in relation to patient care.
http://www.idph.state.il.us/about/nursing_homes_violations12/quarterly_report_2-12.htm.

This Quarterly Report covers the time period from April 2012 to June 2012. The next report will cover July 2012 to September 2012 and it will be interesting to see if the number of nursing homes with actions initiated against them or decertification recommendations placed with appropriate federal agencies has increased or decreased.

While these statistics do not necessarily give any insight into the frequency of nursing home abuse, neglect or injury incidents, they do provide insight into the level of compliance of Illinois nursing homes with relevant laws that exist to protect the elder against such incidents. Nursing homes are tasked with caring for arguably society's most vulnerable class of citizens and these nursing homes need to make more of an effort to come into compliance with the Illinois Nursing Home Care Act and relevant federal laws. The reported 132 Illinois nursing home violators between April 2012 and June 2012 is a disheartening number. It is a frightening number for any person currently living in an Illinois nursing home and/or considering a transition into a nursing home and Illinois nursing homes need to do better. The nursing homes need to do better to prevent abuse, neglect and injuries that seem to occur at an alarming frequency. The nursing homes of this state need to respect the laws governing them and need to make a strenuous effort to come into compliance with any relevant laws.

If you or someone you love has been injured, neglected or abused in a nursing home at the hands of nursing home caretakers, please contact Ed Fox & Associates today.

July 31, 2012

New Laws in Illinois to Offer More Protection for Seniors

On Saturday, July 28, 2012, Illinois Governor Pat Quinn signed several new laws to protect senior citizens in Illinois. Governor Quinn has long been committed to protecting Illinois seniors and the signing of these new laws in just an extension of that commitment. The laws signed on Saturday "will promote safety, increase oversight and accountability for caregivers and help authorities identify and respond to reports of abuse, neglect and exploitation." http://www.enewspf.com/latest-news/latest-local/35152-governor-quinn-signs-new-laws-to-protect-illinois-seniors-.html.

Some highlights of the laws include giving law enforcement and fire departments access to reports of elder abuse, neglect, financial exploitation or self-neglect compiled by senior service providers, allowing the Illinois Department on Aging to receive reports of elder abuse or neglect for senior service providers via the internet and requiring nursing home residents' identification wristlets to include their facility's telephone number so that those residents who are found outside of their facility can be returned safely.

Each of the new laws seeks to address an area in which elder care has been deficient. These laws will help reduce instances of abuse, neglect and nursing home injuries, as well as facilitate more efficient communication to more efficiently and effectively address the needs of Illinois' senior citizens.

If you or someone you love has been injured, neglected or abused in a nursing home at the hands of nursing home caretakers, please contact Ed Fox & Associates today.

June 14, 2012

Advocates for Elderly and Disabled Criticize Bill to Reform Nursing Home Staffing Levels

Advocates for the elderly and disabled are disappointed with the lack of input they had concerning legislation on minimum staffing levels in nursing homes passed by the Illinois General Assembly. An Illinois State Senator, Jacqueline Collins, and other advocates for patients were urging for a 20 percent minimum RN level in nursing home facilities. Advocates urged that the 20 percent care level was supported by research and that it would lead to a reduction in neglect of nursing home residents. Collins, in particular supported the 20 percent RN level in nursing homes because the lack of RNs is a particular problem at Chicago-area nursing homes. Despite concerns and research brought forth by Advocates, the Illinois General Assembly did not pass a 20 percent RN minimum care level as part of the legislation.

The resulting agreement reached after group meetings on the language of the legislation and negotiations resulted in SB 2840 and includes $70 million in Medicaid cuts - 2.7 percent cut rather than the 15 percent cut that nursing homes feared. In addition, the agreement included Health Care Council of Illinois' preference for 10 percent RN staffing levels. This agreed upon 10 percent falls very short of what Advocates urge is a necessary level of care to provide appropriate staffing and individualized nursing and personal care to nursing home residents. Advocates contend that people are going to be neglected as a result of the staffing reductions. Collins was upset, not simply because the lack of RNs is a particular problem in her district, but because she was assured by Michael Gelder, Governor Quinn's senior health-care policy advisor, that the RN staffing issue would be resolved in negotiations after the state budget was passed by the General Assembly. It seems that, despite these assurances, the staffing issue was resolved through closed-door meetings and budget-related deals with the powerful nursing home industry - which happens to be one of the State's largest sources of political campaign contributions.

SB 2840 and its 10 percent RN care level has disappointed a lot of advocates for the elderly and disabled who feel left out of the process that ultimately decided their fate. RN care at a level of 10 percent is not enough to see meaningful improvements in the level of care required at Illinois nursing home facilities.

If you or someone you love has been injured, neglected or abused in a nursing home at the hands of nursing home caretakers, please contact Ed Fox & Associates today.

http://www.pjstar.com/news/x345281011/Advocates-criticize-bill-to-reform-nursing-home-staffing-levels


May 29, 2012

Nursing Home Residents Pay for Medicaid Cuts

Illinois state lawmakers passed legislation last week that will result in $1.6 billion in Medicaid cuts. Many legislators and advocates are angered and concerned that the cuts will undercut much needed nursing home reforms. As part of the compromises reached last week, state officials set a level of care by registered nurses that was lower than what many advocates had hoped for.

Under the new staffing requirements, a minimum of 25 percent of all bedside care must be be provided by licensed nurses, with only 10 percent done by registered nurses. The new staffing requirements fell short of the 20 percent registered nurse bedside care that advocates for the elderly and disabled had been fighting for.

The Medicaid cuts also end the Illinois Cares Rx discount drug coverage for 180,000 low-income people and reportedly tighten Medicaid screening in ways that could remove hundreds of thousands of people from coverage.

The compromises and Medicaid cuts made last week stand to save the state about $240 million.

What does this mean for nursing home residents?

The compromises and Medicaid cuts made last week could have a minimal effect on nursing home residents. But this is unlikely. Negligence and abuse are more likely to happen in nursing homes that are underfunded and understaffed. As stated previously, this new legislation lowers the standard of care by registered nurses, who have a higher level of credentials and are paid more, which can only adversely affect the care provided to nursing home residents. Further, legislation of this nature requires nursing homes to re-prioritize goals. For example, nursing homes that, prior to this legislation, had abuse prevention as a priority, may have to set this objective aside until they can adjust to the Medicaid reimbursement cuts. The bottom line is that the Medicaid cuts are likely to adversely affect vital nursing home reforms enacted two years ago and delay improved care in nursing home facilities.

If you or someone you love has been neglected and/or abused in a nursing home, call the experienced attorneys at Ed Fox & Associates today.

May 8, 2012

An Overview of the Regulation of Illinois Nursing Homes

Illinois Nursing Homes are licensed, regulated, inspected and/or certified by public and private agencies at the state and federal level. Such agencies tasked with Nursing Home regulation include, but are not limited to, the Illinois Department of Public Health (IDPH) and the United States Department of Health and Human Services' Centers for Medicare and Medicaid Services (CMS).

The IDPH monitors nursing home facilities to ensure compliance with mandatory state regulations. In addition, the IDPH, under a cooperative agreement with CMS, is responsible for ensuring that nursing home facilities that accept Medicare and Medicaid in the State of Illinois satisfy federal regulations and certification requirements. The IDPH inspects nursing home facilities and also responds to complaints lodged against any facility. Inspections are conducted to evaluate a nursing home's equipment, staff, policies, procedures and finances to ensure an adequate level of care at each facility. During an inspection, the IDPH inspectors might evaluate and/or inspect medical records, observe resident care, inspect all areas of the nursing home for health and safety compliance issues, and interview residents and their families or staff.

The IDPH also reviews "reportable events". A "reportable event" is anything from personnel changes at a given facility to deaths or injuries sustained by residents at a given facility.

How often are Nursing Homes Inspected in Illinois?

According to the IDPH, nursing homes are inspected at least every 6 to 15 months. The average rate of inspection in Illinois is once a year. Does once a year ensure that a nursing home facility is providing an adequate level of care to its residents and remaining compliant with state and federal regulations? Possibly. One the one hand, in Illinois, facilities are given no notice prior to an inspection. On the other hand, once a year inspections may not be enough in light of the fact that if a nursing home falls below a certain level of care, even for a short time, this can have devastating consequences, including negligence and abuse, which could result in resident injury or death.

What if, During an Inspection, the IDPH Finds that a Facility has failed to Comply with all Applicable State and Federal Licensure Standards?

The IDPH will cite the nursing home facility for deficiencies if it is not in compliance with state and/or federal regulations or rules. When a facility is found to be deficient in some area, the facility is required to submit a written plan of correction within 10 days detailing how and when each deficiency will be corrected.

The IDPH can also direct specific corrective measures that must be implemented by the facility if the circumstances so require the IDPH to do so.

In some cases, a nursing home facility is given an opportunity to correct any deficiencies with which it is cited, without the imposition of fines, penalties or other punitive measures. However, the IDPH may impose a fine, curtail admissions, appoint a temporary manager, issue a provisional license or even suspend or revoke a nursing home's license. In extreme cases, the IDPH may order a facility to close or have a facility's Medicare or Medicaid certification suspended or revoked by CMS.

What about the Illinois Nursing Home Care Act?

The Illinois Nursing Home Care Act provides another layer of protection for residents. The Act was enacted in response to concern over the increase of reports alleging inadequate and improper treatment of patients in nursing home facilities. The Act provides residents with the right to pursue actions for damages and other relief against nursing home facilities. Specifically, Section 3-601 provides that owner and operators of facilities are liable to a resident for injuries cause by intentional or negligent acts of their employees or agents. 210 ILCS 45/3-601.

Despite the many state and federal regulations and the laws that serve to protect residents of nursing home facilities, many residents continue to suffer from an inadequate level of care at some of Illinois' nursing homes. This inadequate level of care might be be the result of a number of factors, including but not limited to, decreased staffing, negligence and/or abuse.

If you or someone you love has been neglected in a nursing home, call the experienced attorneys at Ed Fox & Associates today.

Information on the regulation of Illinois Nursing Homes can be found at: http://www.idph.state.il.us/healthca/nhregulate.htm

April 12, 2012

Nursing Home Funds Will be Tied to Standards

Effective July 1, 2012 Ohio nursing homes must show that they are providing quality and comfortable care for their residents or risk losing a large chunk of their funding. This story caught my attention because it is a great plan that could be implemented by the legislature of any state, including Illinois. Nursing home neglect and/or abuse is often a result of nursing homes and their staff falling below a reasonable standard of care. If nursing homes must prove that they are providing quality and comfortable care, and the state sets the standards that such nursing homes must rise above, perhaps instances of nursing home neglect and/or abuse or nursing home injuries will decline.

Ohio will require its nursing homes to meet any five out of 20 standards or risk losing nearly 10% of their full Medicaid payments for services that they provide. Nursing homes that fall short will be docked based on how many standards they failed to meet. In the past, Ohio set goals that nursing homes should meet and if they met those goals, they would be given additional funding - but there was no cut for nursing homes who did not meet such goals. Rather than give money to those nursing homes who meet certain state goals, Ohio has chosen to take money away from those who do not meet certain state standards. This plan is likely to provide Ohio nursing homes with a greater incentive to meet a certain level of care set by the state, thereby increasing the level of patient care and decreasing the likelihood of neglect and abuse.

Hopefully other states, like Illinois, will follow Ohio and incentivize nursing homes by taking funding away from those nursing homes that fall below a certain level of care.

If you or someone you love has been neglected in an Illinois nursing home, call the experienced attorneys at Ed Fox & Associates today.

http://www.marionstar.com/article/20120412/NEWS01/204120319/Nursing-home-funds-will-tied-standards


March 9, 2012

Proposed Law Set to Increase RN Time with Patients in Illinois Nursing Homes

On Tuesday, a proposal to be considered by the Illinois General Assembly's Joint Committee on Administrative Rules would require 20 percent of the "nursing and personal care" provided daily for each nursing home resident to be provided by a registered nurse (RN).

Advocates for the proposal cite the benefits of having registered nurses on staff. RNs are better equipped to spot changes in residents' health and take action.

The requirement works out to be about 46 minutes of RN time allotted to each State of Illinois nursing home resident each day.

The proposal carries fines for homes that fail to meet its requirements.

Approval of the proposal is far from certain. Those in opposition to it cite the increased cost of having RNs on staff for longer periods of time. Others claim it would be just as beneficial to increase the number of lesser-trained workers and would cost the State, and taxpayers, much less.

The Illinois General Assembly will examine the proposal in Tuesday's session.

The State Journal Register, "Illinois Nursing Homes at Odds Over RN Requirements". March 3, 2012, created by Dean Olsen.

December 7, 2011

Nursing Home Costs Continue to Rise

The Chicago Tribune reported recently that in Illinois, the average cost of nursing home care per year is roughly $79,000 for a private room. A semi-private room runs at about $61,000 per year.

In 2020, an estimated 15 millions Americans will need some type of long term care and by all accounts, the cost of the care will not become any less expensive.

The cost of nursing home care in Illinois is shocking to any budget. It is important to investigate and research all options before choosing a nursing home. In doing so, the attorneys at Ed Fox & Associates urge people to look into whether the nursing home has been fined, ticketed, or otherwise punished for any infractions or violations. It is also critical to research the doctors and nurses on staff and be sure that they too have a clean record.

Finally, take the time to go meet and interview the primary care providers at the top nursing homes of your choice. Be sure that you, or your love done, would be comfortable being around these individuals every day. Furthermore, ask to meet some of the daily nursing home care staff. These are the people who are literally with residents 24/7.

Nursing home
care is extremely costly. Before making such an important investment in the lives of yourself of your family member, take the necessary precautions to ensure you are making the right decision.

November 3, 2011

Winter in Chicago is Fast Approaching; Nursing Homes Prepare

It is the beginning of November. Snow is not far off and colder weather has already set in. The Chicagoland area is no stranger to winter storms and freezing temperatures. With the winter weather fast approaching, nursing homes need to be prepare their facilities and residents for the winter season.

Nursing homes are required by law to maintain safe and functioning facilities. This means nursing homes and their staff should be checking furnaces for proper function and safety which includes reviewing every resident's room to be sure the temperatures remain warm.

Nursing home residents are more susceptible to cold and flu viruses. All nursing home residents should receive flu shots in order to protect them this winter.

Furthermore, icy conditions can often leave to damaging falls and accidents. To avoid icy conditions, salt and sand may be used on outdoor pathways to ensure resident and staff safety.

If you or a loved one lives in a nursing home, be sure to ask the staff what they are doing to prepare the facility for the cold weather and winter storms.

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