Chicago Nursing Home Abuse Lawyer Blog

A recent article out of Wisconsin has been making the rounds on a lot of local blogs. Changes in Wisconsin law, which took effect in February 2011, prevent families from using state health investigation records in state civil suits against long-term providers including nursing homes and hospices. It also makes these records inadmissible in criminal cases against health care providers accused of neglecting or abusing patients.

A 32 year-old man, who is brain damaged and paralyzed from the chest down, was living in a group home in Menomonie, WI. In October 2011, he had to be rushed to a local hospital for treatment of a bedsore that had gotten so bad, doctors thought he might be permanently bedridden. A Wisconsin state health department investigation report later found that he had the bedsore for four month before being hospitalized. The facility never reported it to the state or told his family about it. The family is currently suing the facility, seeking damages for negligence, but due to the changes in Wisconsin law, their attorney cannot use state investigation records as evidence in the lawsuit.

Supporters of the bill, which include Wisconsin Governor Scott Walker, argue that this law only has a minimal effect on the use of investigation records. Critics say the law removes a good tool for revealing abuse and neglect because attorney's cannot use state inspection reports to support allegations or impeach a witness. This also has a big effect on injured residents who do not have the capacity to testify about what happened to them.

Around 270 tort reform laws have been implemented in 49 states since 1990. Some, including the one in Wisconsin, can be traced back to the American Legislative Exchange Council (ALEC), which is a group funded by private industry that focuses on pro-business model legislation used mostly by Republican law makers. Supporters of the bill insist that it will help fuel the economy by reducing corporate litigation costs. Brian Hagedorn, Governor Walker's chief legal counsel, said that the law is aimed at jobs, and went on to state "[t]hese changes send a symbolic and substantive message that Wisconsin is open for business." That bears the question, at what cost?

Other proponents of the bill claim that implementation of this law allows healthcare providers to discuss problems more openly "without fearing a (personal injury attorney) is going to come [and read his or her report]." Walker said in an interview that the bill has helped slow the "constant pattern of litigation" that could be seen as a negative by employers.

Judge William Hanrahan, a Dane County (WI) Circuit Court Judge, with 19 years of experience prosecuting crimes against the elderly, expressed concern about the law because it forbids district attorneys and the state Department of Justice from using these records as evidence in criminal cases. He went on to state "I can't imagine if it were a homicide, it would be like saying the police reports couldn't be used."

Laws like this make it harder for attorneys like those at Ed Fox & Associates to do their jobs to the best of their ability in order to protect victims of nursing home negligence and abuse. What is more troubling is that the driving force behind these sorts of laws is stimulating the economy and job growth. There was very little mention of the needs of nursing home and long-term care facility patients by the proponents of this legislation. As was mentioned above, through the work of ALEC (which provides model bills for this type of legislation), 270 similar laws have been implemented across the United States. We have to work hard to make sure that these laws, veiled by good intentions, do not get implemented on a more widespread basis and lead to a lack of justice for those who are victims of neglect or 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.

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.

According to The State Journal Register, Maple Ridge Care Centre recently agreed to pay approximately $18,700 in penalties for allegedly substandard conditions throughout their nursing home facility. The 126-bed facility, located less than 3 hours south of Chicago, made enough improvements to avoid a threatened cut-off of Medicaid and Medicare payments. However, an advocate for nursing home residents and the wife of a former Maple Ridge resident have indicated that the conditions at Maple Ridge have not improved at all.
The facility recently underwent an ownership change in January. However, a regional long-term care ombudsman stated that while Maple Ridge often addresses immediate concerns, complaints continue to come in regarding unanswered call lights, rude and rough treatment by staff, lack of cleanliness and lax attitudes towards infection control. The notion that the facility is understaffed, which is becoming more common in nursing homes, appears to be contributing the substandard conditions.
As for the specific substandard conditions, a mother of a resident recently indicated that she has frequently found her 40-year old daughter sitting in her own urine because the nurse's aides were too busy to help her use the restroom. The mother compared asking for help with talking to a wall. Accordingly, the mother spends much of her time worrying if her daughter is being taken care of at the Maple Ridge facility.
Additionally, during a visit in July, state inspectors found that bandages on a male resident's lower leg hadn't been changed for several days. When the stinking wound dressings were removed, maggots were seen falling onto the floor. However, issues such as this involving cleanliness were considered to be "low-level deficiencies" and no fines were imposed. During the same visit, inspectors found that a woman in a wheelchair had fallen and hit her head on the floor after her attempts to request assistance for 40 minutes had failed. According to the nurse, staff considered the resident's complaints to be a "behavioral issue." Further, the same inspection documented eye infections in 11 residents due to the fact that Maple Ridge failed to look into the outbreak or educate the staff on how to prevent the spread of such infections.
Maple Ridge displayed additional deficiencies regarding infection control during a March inspection. Here, a resident with Methicillin resistant Staphylococcus aureus (MRSA) was found coughing and walking through the facility, with a mask covering only a tracheotomy opening in his neck and no mask on his face. According to Maple Ridge's infection control coordinator, who had no special training on infection-control prevention, the resident had been admitted with MRSA in June 2011 but did not like wearing his mask and also began to leave his room.
The most disturbing incident that occurred at Maple Ridge involved the death of Keri Daugherty in March 2009. Daugherty was a 32 year old woman with spina bifida who lived at the facility for only 6 months before staff members decided not to follow her wishes and attempt to revive her with cardiopulmonary resuscitation. Here, Maple Ridge agreed to pay a reduced fine of $6,500 to settle the case.
Just 3 months prior to Daugherty's death was the death of Carol Harrison. Harrison was subject to a 16-hour delay in what was later diagnosed as deep-vein thrombosis. This eventually led to the amputation of her left leg and hastened her death in August 2009. The lawsuit was concluded out of court in May for an undisclosed settlement amount. However, according to sources, "The family is glad that it's over and happy with the result."

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 State Journal-Register authored by Dean Olsen. If you would like to read the article in its entirety, please visit http://www.sj-r.com/top-stories/x1782333661/Critics-say-complaints-continue-about-Lincoln-nursing-home.

In the past, nursing home abuse actions, especially in Chicago, were relatively rare for a variety of reasons, including difficulties in proving causation and the belief that substantial damages were unlikely to be awarded. However, tort litigation has been increasingly utilized to seek redress for these injuries; and substantial verdicts and settlements have been achieved.
Both intentional and unintentional torts can arise in a hospital or nursing home setting. Intentional torts including assault, battery, false imprisonment, and conversion are frequently alleged in nursing home litigation. For example, in Gragg v. Callandra, an Illinois court allowed claims for battery and intentional infliction of emotional distress to be maintained against defendant hospital for disregarding the patient's living will.
Additionally, claims regarding the improper use of physical or chemical restraints also are emerging. In Bryant v. Oakpointe Villa Nursing Centre, a decedent suffered from multi-infarct dementia and diabetes, had suffered several strokes, and required twenty-four-hour-a-day care for all her needs, including locomotion, dressing, eating, toileting, and bathing. Her condition impaired her judgment and reasoning ability and, in turn, caused cerebral atrophy. She had no control over her locomotive skills and was prone to sliding about uncontrollably and, therefore, she was at risk for suffocation by "positional asphyxia." Because she had no control over her locomotive skills, the nursing home's medical director authorized the use of various physical restraints, including bedrails, restraining vests, and wedges and bumpers. The decedent slipped between the rails of her bed and was in large part out of her bed with her lower half of her body on the floor. However, her head and neck were stuck under the bed side rail with her neck wedged in the gap between the rail and the mattress. This prevented her from breathing, which ultimately caused the patient's death. Here, the court upheld the validity of such a claim that the nursing home was liable for the patient's death due to the fact that the death occurred as a result of "positional asphyxiation" while in the facility's care.
Unintentional torts are predominantly claims of negligence in care or supervision such as result in falls or other injuries to residents. Several jurisdictions have imposed tort liability upon nursing homes for injuries sustained by residents as a result of negligent or intentional acts by the facility's employees. A nursing home also may be vicariously liable to a resident who is injured by another resident or by a third party who is not an employee. In addition, several states have created statutory private rights of action, ranging from statutes making explicit a nursing home resident's right to utilize common law remedies, notwithstanding the existence of statutory remedies, to schemes that set out rights and damages available to nursing home residents. The Illinois Nursing Home Care Act also provides for the recovery of attorney fees and costs. Litigants also have relied on consumer protection and related statutes to seek recovery from nursing 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.

The information in this blog was provided by Elder Law: Advocacy for the Aging 2d, by Allen D. Bogutz, Robert N. Brown, Joan M. Krauskopf, and Karen L. Tokarz.

The short answer to that question is no. When most of us think about Nursing Home Abuse and other similar types of fraud or neglect, we automatically assume the victim is a Senior. Two recent incidents that we came across recently illustrate how that assumption is not always accurate.

In a Southern Indiana City not too far from us in Chicago named Seymour, a 26-year old woman named Kasey Scott plead guilty to Medicaid fraud and neglect of a dependent. Scott, who is a licensed practical nurse, was working for a home respite-care agency when she was hired by a local family to care for their severely disabled 7-year-old son at their home during daytime hours that his parents would be at work. According to the probable cause affidavit, Scott was supposed to follow a care plan which included "providing physical therapy, exercise, interaction, and monitoring the child's vital signs when he experienced seizures." The mother set up a hidden camera to record video during the hours that Scott was to be there due to concerns about the care she was providing. The video showed that on June 5 and 6 of 2011, Scott provided inadequate care which was limited to only feeding, diapering and giving the child medication. The rest of the time, Scott would leave the blind, disabled 7-year old boy on a couch for hours by himself while she would read or watch TV. Scott also falsified notes and stated that she provided care which she did not actually provide which led her employer, Loving Care Agency of Indianapolis, to unknowingly submit false claims to Medicaid for reimbursement of funds that the program paid. Scott will serve one year of her four-year sentence on home detention and the remaining three years on supervised probation.

The second incident is even more troubling. This incident occurred in an Arkansas nursing home/rehabilitation center where a 21-year old female disabled resident told the staff that a man came in and molested her. When police arrived on the scene they tracked down a 42-year old man who claimed that he had visited the nursing home that day, heard the resident call out for help, went to her aid, and called a nurse for her. Police gathered DNA from the man which ended up matching the evidence in the rape kit. The man was charged with the fourth degree felony of gross sexual imposition. The article went on to reveal some startling statistics on abuse in nursing homes: The National Center on Elder Abuse reported that there were roughly 5.9 million cases in 2010 with 58% of these cases relating to neglect. For more up to date statistics on nursing home abuse, you can check out the Center on Elder Abuse's fact sheet which will be attached here.

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.

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.

A Lincoln, Illinois nursing home, Maple Ridge Care Centre, is planning a $500,000 effort to improve its operations and repair its reputation after coming under fire for several alleged instances of patient mistreatment, cleanliness issues, and mismanagement of infection control.

Tim Fields, a spokesperson for Maple Ridge, said that significant capital improvement dollars will go toward facility renovations that aim to improve the living conditions of the residents and the working conditions of the staff. Those renovations include updating the facility with new computer systems, break rooms for the staff and nursing stations. In addition, a medical records system is set to be installed, along with new social areas with flat-screen televisions and Internet availability.

Maple Ridge recently underwent a change in ownership and in the process of that change, will change its name to Symphony of Lincoln.

Despite the change in ownership and although the new owners have set out a plan to improve its operations, there are still concerns about understaffing, facility conditions, rough treatment of Maple Ridge residents by staff, lack of cleanliness, etc. Some feel that if the facility has additional funding that it should be spent directly addressing patient problems.

Jamie Freschi, a regional long-term care ombudsman, in a report dated August 25, 2012, stated that despite the change in ownership, complaints are still incoming about unanswered call lights, rude and sometimes rough treatment of Maple Ridge residents by the staff, lack of cleanliness and lax attitudes toward infection control. Freschi feels that if Maple Ridge has additional funding to spend on the facility, that additional funding could be spent providing more staffing and training.

There is cause for concern with the issues and complaints presented about Maple Ridge because these sub-par conditions often lead to nursing home neglect and/or injuries. Lincoln resident Diana Sexton reported that, up until the last few days, she had frequently found her daughter sitting in her own urine while nurse's aides were too busy or unwilling to help her use the restroom. Complaints like Diana Sexton's are too many and changes need to be made to prevent instances of neglect, abuse and/or preventable injuries from occurring. Nursing homes are tasked with providing a certain level of care to its residents and must strive to maintain that level of care so that residents do not suffer from low quality care due to understaffing and/or general lax staff attitudes that often lead to devastating results for nursing home residents.

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.

I have not had the opportunity to blog in about a month, so forgive me if this news is a bit old.

Anyways, I just stumbled across this CNN news story from early July commenting on a disturbing video of a group home employee allegedly abusing a helpless resident. I must warn you, the video is difficult to watch and may hit especially hard for those of you with loved ones in homes. I had trouble stomaching it and am still feeling a bit angry.

An anonymous source sent one copy of the video to the State of Connecticut, one to the group home, and one to a news station. The source labeled the videos "A Perfect Employee" and included a description stating that the incident happened at the East Hartford, Connecticut group home. For those of you who do not wish to watch the gruesome video, it depicts a caretaker whipping a defenseless, disabled resident with a belt, kicking her in the stomach, and dragging her across the floor by her hair. The employee is no longer working at the home and has since been arrested.

This story may be tough to accept as true, but it serves as a sad reminder that this type of abuse does happen in our world. If you notice signs of nursing home abuse or neglect please refer to this helpful guide for information on how to proceed.

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.

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.

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

It is troubling the vast amount of news that is reported on nursing home abuse and neglect. A Laredo, Texas news story discusses a woman, Mary Arias, who was "shocked" by the treatment of her father, who currently resides in a nursing home. Her father is paralyzed on the left side of the body, which has drastically limited the actions he can take on his own. His limitations require him to rely on nurses at his nursing home to assist him in certain activities and take care of him. Mary Arias' father complained to her during one visit that he had wanted to rinse out his mouth and was told by the nurses to do it himself. Mary Arias, reported this incident and her father's treatment to Pro 8 News because she was and is concerned about the nurses' attitudes and lack of care and for the other residents who are the recipients of the same or similar treatment.

When a person and/or his or her family makes the tough decision to seek nursing home care, neglect and abuse should not be factors that are calculated in this decision. Today, however, nursing home abuse and neglect seem to be all too frequently occurring and, as such, must be factors at the forefront of the minds of those considering nursing home care. Mary Arias made a good point - if the nurses and/or staff do not want to work in a nursing home and do not want to help care for those in need, then they should not be in the business of caring for those in need. It is a sad state of affairs when, almost everyday, there is a report in the news of a nursing home resident who has suffered from neglect and/or abuse or has been injured in a nursing home. Lack of compassion, staffing reductions, funding cuts, etc. lead to an increase in instances of nursing home abuse and/or neglect. The family members of those who are being cared for in nursing homes are the eyes, ears and voices of the residents and should inquire into the level of care their respective family members receive to ensure that they are not victims of nursing home abuse and neglect.

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.pro8news.com/news/local/Nursing-Home-Addresses-Claims-of-Neglect-157114775.html.

A few months ago, we wrote about the dangers of overusing and improperly administering psychiatric drugs in nursing homes. Well, last week, U.S. health officials announced that they seek to alleviate some of these dangers by reducing the use of antipsychotics in nursing homes by fifteen percent before the end of 2012. This is a response to the rampant, wrongful use of these drugs to subdue dementia patients, and the risks that this abuse poses to their health and lives. If you believe that a nursing home is improperly or wrongfully providing medication to you or a loved one, here is an instructional guide on how to begin taking action. (see #9 for wrong medication issues)

To achieve their goal, the U.S. Centers for Medicare and Medicaid Services (CMS) recently launched a partnership with federal and state officials, advocacy groups, caregivers, and nursing homes, with the intention of providing better care to dementia patients in nursing homes. Antipsychotics certainly have proper and intended uses, including the treatment of schizophrenia, bipolar disorder, etc., but nursing homes have long administered these drugs to subdue dementia patients, which can have dangerous side effects, including death. Many nursing homes continue to disregard these risks, and routinely drug dementia patients with antipsychotics, perhaps because caregivers think the patients are too difficult to deal with properly.

CMS recently discovered that in 2010, daily doses of antipsychotics exceeding the recommended level were given to more seventeen percent of nursing home patients. There may have already been some rules in place to prevent caregivers from administering unnecessary drugs, and many of these antipsychotics explicitly warn of severe risks for dementia patients, but these rules were clearly not enough. This new partnership is a step in the right direction. CMS hopes to provide better training to caregivers, educate nursing homes on the use of antipsychotics, and provide alternatives to antipsychotics. Hopefully this will result in the desired fifteen percent decrease in antipsychotic administration, and more importantly, help provide better care for nursing home patients throughout the country.

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

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.

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

The Herald-News reported that state public health officials confirmed Wednesday, May 2, 2012, that the State of Illinois is in the process of revoking the license for a Joliet nursing home, Hillcrest Healthcare Center. Hillcrest Healthcare Center reportedly has a "spotty regulatory record" filled with incidents of abuse and neglect. An Illinois Department of Public Health investigation found that between May and October, a male Hillcrest resident sexually, physically, or mentally assaulted several other residents. Unfortunately, this was not the first complaint filed against Hillcrest. In February, the state conducted an investigation after a resident was found dead in her room with a coaxial cord wrapped around her neck and mouth. In March, the state conducted another yet another investigation into the hospitalization of a Hillcrest resident and found that the facility staff gave that resident too high a dose of prescription seizure medicine.

The Mayor of Joliet, Tom Giarrante requested that the Illinois Department of Public Health perform one more inspection on Hillcrest before it closed citing his concern for the employees of Hillcrest once Hillcrest closes as one reason for his request. However, given the history of state investigations into the Hillcrest facility dating back at least 10 years, it seems that Hillcrest has had ample time to undergo change to provide adequate care for its residents.

State agencies that are responsible for overseeing nursing home care too often fail to ensure that problems with a facility are corrected. The reported revocation of Hillcrest's license signifies an effort by the Illinois Department of Public Health to take action when a facility is either underperforming or continuously falling short on the level of care provided to its residents.

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

http://heraldnews.suntimes.com/news/12271638-418/state-revoking-license-of-joliet-nursing-home.html