Category: Illinois Nursing Homes

In October, a former house manager at a Warrenville assisted-living facility was accused of stealing from several residents. The 37-year-old Justice woman allegedly took bank cards from a safe at the private facility for developmentally disabled men on multiple occasions between 2008 and 2011. According to DuPage County prosecutors, the woman withdrew almost $9,000 from the bank accounts of four residents without permission. The theft was reportedly discovered when another worker noticed bank account discrepancies and notified facility management.

After the long-term care facility notified authorities regarding the alleged theft, the woman was charged with a single count of financial exploitation of a disabled person. Following her arrest, Judge Elizabeth Sexton set a $50,000 bond for the woman. Earlier this month, the woman reportedly pleaded guilty to the class two felony. Although she may receive probation, the former assisted-living facility employee faces a maximum sentence of seven years in prison.

According to the Illinois State Police, more than 100,000 senior citizens are currently living in almost 1,300 long-term care facilities throughout Illinois. The National Center on Elder Abuse estimates that about one million seniors are abused or neglected across the United States every year and such abuse is reportedly grossly underreported. Elder abuse includes any knowing or careless act that causes physical, mental, emotional, or financial harm to a senior citizen. Signs of elder abuse by a caregiver may include unexplained physical injuries, bedsores, a lack of cleanliness, fear of being alone with caretakers, and reports of missing personal items.

Unfortunately, theft in nursing homes is a commonly overlooked form of abuse. Despite numerous laws designed to protect long-term care facility residents, they still may fall victim to mistreatment including theft or other financial abuse. Both unscrupulous employees and other residents may choose to steal from nursing home and other care facility patients. In fact, more than seven percent of all financial abuse cases nationwide were reportedly committed by a nursing home or assisted-living facility caregiver. If you suspect a nursing home or other long-term care facility resident is being physically, emotionally, or financially abused by someone who was tasked with their care, you should discuss your concerns with a knowledgeable nursing home abuse and neglect attorney.
Continue reading “Former Warrenville Assisted-Living Employee Pleads Guilty to Stealing From Disabled Residents”

Earlier this year, the Maple Ridge Care Centre in Lincoln reportedly paid nearly $19,000 in penalties as a result of poor quality conditions at the 126-bed skilled nursing facility. Additionally, the nursing home allegedly made improvements in an effort to maintain its certified status and continue to receive both Medicaid and Medicare funds. Despite the changes, the quality of care provided to facility residents is still unacceptable to some.

One critic of the Maple Ridge Care Centre is Diana Sexton. Her 40-year-old daughter, who suffers from cerebral palsy and recently had a stroke, began residing at the facility in June 2012. According to Sexton, she regularly finds her daughter sitting in urine because nursing home staff is unwilling or unable to assist her when she needs to use the restroom. Sexton stated that she has complained about the care provided at the facility on a near daily basis.

A Springfield regional long-term care ombudsman, Jamie Freschi, said the Maple Ridge Care Centre underwent a change in ownership in January 2012. Still, complaints regarding poor sanitation, rude staff, unanswered resident call lights, and rough treatment of residents allegedly continued. Freschi stated she believes the nursing home is understaffed and lacks the ability to address systemic facility issues. Tim Fields, a spokesperson for the Maple Ridge Care Centre, said the facility consistently meets or exceeds Illinois nursing home staffing requirements. According to Fields, the long-term care facility has remedied all issues previously outlined by state inspectors.

On Medicare’s Nursing Home Compare website, the quality of care residents may expect to receive at the Maple Ridge Care Centre rates one out of five possible stars. The rating is reportedly based on staffing levels, health inspections, and overall quality of resident care. In July, the Illinois Department of Public Health purportedly noted facility issues related to poor cleanliness, inadequate fall prevention, and insufficient measures taken to prevent infection in residents. According to the July report, a resident was allegedly left in the same wound dressing for 44 hours. In that time, maggots reportedly began to develop in his leg wound. State inspectors also noted that at least 11 residents suffered from the same eye infection and allegedly found another resident on the floor after she fell while attempting to use the restroom unassisted. Still, Melaney Arnold, a spokesperson for the Public Health Department, stated the deficiencies were considered to be “low-level.”

In response to a number of complaints related to poor resident care, 16 individuals from the Illinois Department of Public Health, Illinois Attorney General’s Office, and state and local law enforcement departments inspected the facility in early November. The inspection was reportedly part of the Attorney General’s Operation Guardian nursing home compliance initiative. According to a representative for the Attorney General’s Office, Cara Smith, the Maple Ridge Care Centre appeared to be clean, orderly, and sufficiently staffed in November. She purportedly believes complaints, news reports, and a change in facility ownership likely prompted the improvements.

Although facility issues sometimes exist, most nursing homes in Illinois are held to a high standard of care. Skilled nursing facilities that receive funds from Medicaid and Medicare programs are considered certified facilities and must adhere to not only state laws, but also federal laws and regulations. Unfortunately, some long-term care facilities have a history of ignoring resident needs. Many nursing home residents are unable to report instances of abuse or neglect without assistance. If you suspect a disabled or elderly long-term care facility resident is being neglected or otherwise mistreated, you should discuss your concerns with an experienced nursing home abuse and neglect attorney.
Continue reading “Complaints and New Ownership May Have Improved Care at Allegedly Substandard Lincoln Nursing Home”

Surveys conducted by the Centers for Medicare and Medicaid Services reportedly show that nursing homes across the nation are increasingly being cited for violating the voting rights of residents. In November 2010, a nursing home near Peoria, Illinois reportedly failed to make it possible for 12 facility residents to vote. According to an inspection report, two additional residents at the Timbercreek Rehab and Healthcare Center were only allowed to vote after obtaining assistance from a relative.

Reports of failure to provide long-term care facility residents with the opportunity to register to vote, vote in person, or obtain absentee ballots exist throughout the country. According to Robyn Grant, Public Policy Director at the National Consumer Voice for Quality Long-Term Care, many nursing home residents feel they lost a number of their rights the moment they moved into a care facility. She added that long-term care facility residents tend to take their right to vote seriously. Nina Kohn, Professor of Law at Syracuse University, stated the facility itself generally has a tremendous impact on whether a resident is able to exercise his or her right to vote because nursing home employees may be called upon to assist or remind residents about voting. Kohn said since there is no capacity test for voting in the United States, a long-term care facility may not decide who should be allowed to vote.

Unfortunately, elderly and disabled residents are often left distraught when they are unable to exercise their constitutional voting rights. Congress passed the Nursing Home Reform Act of 1987 to protect the rights of residents living in long-term care facilities in the U.S. Under the Act, nursing homes that are Medicare-certified are required to make residents aware of their right to vote and assist them in both registering and voting. The Illinois Act on the Aging was also implemented in order to protect the rights of the elderly, including nursing home residents.

Long-term care facility abuse and neglect is not always easy to identify. In addition to physical abuse, nursing home residents may experience emotional abuse and distress. When a resident’s rights are violated, he or she may become depressed, exhibit a loss of appetite, and attempt to alert family members to the situation. Signs of physical abuse may include unexplained bruises, broken bones, bedsores, and an increased number of accidents. All suspected instances of nursing home abuse or neglect should be taken seriously and reported.
Continue reading “Illinois Nursing Home Cited for Violating the Voting Rights of Residents”

Chicago nursing home lawyers are concerned as state and federal policymakers continue to impact nursing home care in Illinois. And, unfortunately, ever-tightening budgets may negatively impact the care a home’s residents receive.

Lobbyists and organizations like the American Health Care Association — an organization of more than 11,000 non-profit and for-profit nursing home facilities — continue to warn of the consequences of ongoing cuts to Medicaid and other funding sources. Illinois nursing home neglect attorneys understand abuse or neglect of the elderly is most likely to occur when a facility puts profits ahead of the health and safety of its residents.”In these uncertain times, nursing homes need a reliable funding stream; one that ensures continued quality care can be delivered to Illinois seniors,” said AHCA CEO Mark Parkinson. “Efforts to trim or limit that Medicaid funding will have lasting, unintentional effects.”

The organization contends per-patient, per-day nursing home care costs have risen from $138.65 to $144.64 per day over the last two years, while reimbursement rates have climbed less than half that much — from $117.29 to $120.30. The nearly $25 a day shortfall between cost and reimbursement costs the industry some $417 million annually.

So says the industry. And therein lies the problem. These reports depend upon who is determining costs or whether a reasonable profit is factored into such “costs.”

The fact of the matter is that nursing homes are big business in this country. More than half of the nation’s 2 million nursing home beds are owned by large chain corporations and two-thirds of nursing homes are run as for-profit companies.

What too often happens is advocates for a rich and powerful industry have the ear of politicians and the health and safety of residents becomes a casualty. Take the ongoing fight over reforms in the wake of a series of stories in the Chicago Tribune detailing abuse to Illinois nursing home residents by residents and staff members with felony criminal records.

That fight has now moved to the capitol, where the State Journal-Register reports the industry is now arguing about the definition of “direct-care staffing” as it relates to landmark reforms passed in 2010. Essentially, the industry wants to use practical nurses and certified nurse assistants, rather than the more costly and professional care provided by registered nurses.

It’s about reducing costs, in other words. Not what’s best for the patient.

That’s why it’s incumbent upon each of us who visit these facilities to remain vigilant for possible signs of neglect or abuse. And, of course, thorough review upon placing a loved one is always warranted. We make the difficult decision to place an aging relative in professional care because we want to do what we can to ensure their wellbeing. Each resident deserves to live out his or her days in peace and dignity.

Neglect or abuse can take many forms. However, most often it is simple neglect that occurs because of a lack of proper training, staff turnover, or short-staffing issues. Remaining active in your older adult’s life can help make sure they are getting the kind of care and treatment for which they are paying.
Continue reading “Cost-Profit Equation Illustrates Risk of Nursing Home Neglect in Chicago”

Minimum staffing levels in nursing homes help guard against the possibility of nursing home neglect in Chicago and throughout the state.

So it was particularly frustrating to elder advocates when Illinois lawmakers sided with the nursing home industry — putting corporate profits ahead of the welfare of our most vulnerable adults. After a two-year debate, the Illinois General Assembly passed a bill without the input of advocates.While a spokesperson for the nursing home industry said it won’t infringe upon rights passed in the state’s 2010 nursing home reform law, others are convinced industry influence in Springfield will always prevail.

A Chicago nursing home neglect attorney understands the need for oversight. Too few large corporations control the majority of the nursing home beds in Illinois. A long history of abuse and neglect in Illinois nursing homes — including the housing of mentally ill felons with vulnerable older adult populations — has finally led to some reform.

But the truth of the matter is these corporations wield tremendous power and influence. Nationwide, over half the nursing home beds are owned by chain corporations and two-thirds are operated as for-profit companies. Combining political influence with shrinking state and federal dollars can be a recipe for disaster.

The State Journal-Register reported the nursing home industry contends Senate Bill 2840 will actually increase staffing beyond the requirements provided in the 2010 law.

The 2010 reforms call for a gradual increase through 2014 in the amount of personal and nursing care that a patient must receive. Left up in the air was what type of nurse would provide the additional care. Earlier this year, the Illinois Department of Public Health proposed requiring at least 20 percent of the care be provided by registered nurses.

Advocates supported the 20 percent requirement, contending patients would receive better, more experienced care than if fulfilling the requirements was left to staff with less training and experience. Holding the industry to such requirements would also help justify the additional $105 million in Medicaid funding facilities are set to receive after Illinois lawmakers approved a new bed tax in January 2011.

The final bill send to Governor Pat Quinn includes the industry’s preferred 10 percent requirement and spares the industry from all but 2.7 percent of a proposed 15 percent funding cut.

Illinois Sen. Jacqueline Collins, D-Chicago, said Chicago nursing homes are at particularly high risk for staffing issues. She said the issue was not resolved out in the open, but rather cut in a back room deal with the nursing home industry, which is one of the largest contributors to political campaigns in Illinois.

Still, most of Illinois’ nursing homes will be required to hire more registered nurses because of the law. And more professional staff is a primary way to reduce the risk of nursing home neglect or abuse in Illinois nursing homes.

We guess from that standpoint the glass is at least half full.
Continue reading “Illinois Nursing Home Neglect: Advocates lose fight over minimum staffing levels”

Another fugitive has been arrested in an Illinois nursing home as authorities continue to target facilities suspected of housing wanted felons or other dangerous residents, the Belleville News Democrat reported.

The latest Operation Guardian compliance check occurred in East St. Louis at Virgil Calvert Nursing and Rehabilitation Center and snagged a 61-year-old man wanted on Missouri drug charges. The sweep also gave authorities a chance to conduct a safety review and a review of other compliance issues within the home. It was conducted by investigators from Illinois Attorney General Lisa Madigan’s Office, Illinois State Police, the Illinois Department of Public Health and the Illinois Department of Professional and Financial Regulation.

Our Chicago nursing home abuse attorneys reported raids on nursing homes throughout the city led to the arrest of numerous wanted felons earlier this year. As we reported on our Illinois Nursing Home Abuse Lawyer Blog, lawmakers recently passed new legislation aimed at overhauling the state’s troubled nursing home industry.

Operation Guardian was formed after authorities targeted a Chicago home for failure to complete background checks and criminal histories on residents to identify those who may pose a threat to the safety of others in the home. That home was closed down by state investigators. Five other homes in the Chicago area currently face attempts by the state for force them to close.

So far, 12 homes have been inspected, leading to 12 arrests and the identification of 61 people wanted on warrants. No home has been check where at least one resident was not identified as having an active warrant. However some warrants had geographic limits and those jurisdictions have chosen not to arrest the individuals.

“Criminals are using nursing homes as safe houses,” Madigan said after the sweep. “Our state should not have fugitives hiding in our nursing homes.”

In this case, officials at the home said they did not realize the resident was wanted. A public health inspection in January found a number of violations. Two sex offenders were also found in the home during that inspection. The law permits sex offenders to live in Illinois nursing homes but staff must provide a plan to keep other residents safe by restricting the offender’s contact.
Continue reading “Illinois nursing home raid finds wanted felon; sweeps continue to identify potential for neglect and abuse”

The Chicago nursing home neglect lawyers and Illinois elder abuse attorneys at Abels & Annes encourage families to become proactive in choosing an Illinois nursing home or assisted living facility. Advanced research can help ensure a loved one is placed in an environment capable of providing the proper care.

Illinois operates one of the country’s most embattled nursing home systems. Our Illinois Nursing Home Abuse Lawyer Blog continues to report problems with convicted felons and unsafe conditions at homes throughout the Chicago area.

Those considering an Illinois nursing home should review a home’s record of violations through the Illinois Department of Public Health.

The average cost for a nursing home stay is about $74,000 a year, while the cost for an assisted living facility is $34,000. The number of assisted living facilities has exploded in recent years. About 38,000 assisted living facilities serve an estimated 975,000 residents.

A number of considerations can help determine whether a nursing facility or assisted-living facility is right for you and your loved one.

U.S. News & World Report recently published 9 things to consider when selecting a nursing home or assisted living facility.

1) Quality of Life: Choosing a home near a resident’s social network, including family and friends, can have a positive impact on their quality of life and ensure visitors can help ensure a resident’s welfare.

2) Current and Future Needs: Choosing an environment capable of handling current and future health issues can help with continuity of care. If a loved one has dementia or other progressive illness, will the home be able to handle their future needs?

3) Financial Stability: Choosing a home with a solid track record is important. A home with financial problems can impact quality of care.

4) Proper Licensing: Check with the agency that licenses homes to ensure that the home you are considering has the proper licenses and no serious history of violations.

5) Get Referrals: Seek input from the family members of other residents.

6) Ask about a Waiting List: Many good homes have a waiting list. Don’t assume the home will have room when you need it. Conversely, there may be a reason why a home has no wait to admit residents. Do your homework.

7) Make Repeat Visits: Visit a home several times at different times before making a final selection.

8) Talk to Residents: During your visits, ask residents about their experiences. Be wary of homes that do not encourage you to speak with residents.

9) Consult a lawyer about a home’s contract: A contract for a nursing home or assisted-living facility is a complex document best discussed with an experienced attorney.
Continue reading “Investigation before placement can help reduce risk of Chicago nursing home neglect or abuse”

A Lake County nursing home as been cited as one of the worst performing skilled nursing homes in the country, the Post Tribune reported.

The facility is owned by Illinois nursing home operator Eric Rothner and a family of companies owned or controlled by his family. They also own Northlake Nursing and Rehabilitation Center in Merrillville, which was closed earlier this month. He and his family own shares in nearly two dozen nursing homes in four states, including South Shore Nursing Home and Rehabilitation Center in Chicago, which also has been cited for poor performance.

Chicago nursing home neglect cases have continued to make news in the wake of a series of raids and investigative media reports that have outlined a host of issues. As we reported on our Illinois Nursing home Abuse Lawyer Blog, state lawmakers recently passed an overhaul of the state system, which awaits the governor’s signature.

Sebo’s Nursing and Rehabilitation Center in Hobart has been added to the federal Centers for Medicare and Medicaid Services list of poorly performing nursing homes. The Special Focus Facilities list includes homes that have demonstrated a pattern of severe quality and patient safety problems over a period of years.

A spokesman for Evanston, Illinois-based Extended Care Clinical, the parent company, said there was nobody available to comment.

The problems at the Sebo’s home date back to at least 1999. The home received 16 substantiated complaints from state inspectors between 2007 and 2009. Substandard quality of care designations were made in 2005, 2006, 2007 and 2009.
Continue reading “Illinois nursing home operator’s problems continue; poor care and safety hazards alleged by federal inspectors”