October 16, 2012Illinois Nursing Home Employees Picket for Better Care
by Levin & Perconti
Nursing home lawsuits seem to pit the residents (and their family) against long-term care facility owners, operators, and staff members. Yet, in many of these cases it would be inappropriate to consider the residents in an antagonistic relationship with the staff members. In fact, as elder care advocates have pointed out again and again, when it comes to ensuring proper care, the residents are usually on the same side as the staff members. That is particularly true when it comes to "front-line" care workers--or those who provide help to residents day in and day out. Many of those employees do yeoman's work with long hours, little pay, poor benefits, and little employer support. On many occasions, it is those employees who are the first to stand up for residents when resources are cut to the bone by owners and operators. In this way, nursing home residents and their families often side with front-line care workers in various disputes with owners and operators.
Sadly, the drive for profits by many long-term care facilities often results in severe cutbacks for the employees who are the lowest rung on the totem pole--but who do the most for residents each day. Often those actions result in labor disputes.
For example, last week, as reported by CBS local, employees at more than 50 Illinois nursing homes--including 12 Chicago nursing homes--conducted an "informational" picketing in front of a local facilities. According to reports the picketing was in response to chronic problems at so many facilities. One employee interviewed for the story explained that, amazingly, her facility continues to face severe shortages of even the most basic supplies, placing resident care and quality of life at risk. For one thing, she noted that things like diapers--or even food!--was sometimes at a bare minimum. On top of that, her facility, like so many around the state, face chronic under staffing problems. There is simply not enough bodies to help residents in the timely way that is necessary. No matter how well-intentioned those care workers, failure to have enough bodies in the hallways is a recipe for nursing home abuse and neglect.
The Service Employees International Union (SEIU) commented on the problem at so many homes. SEIU officials noted that the facilities have enough money to improve pay, ensure adequate staffing levels, and guarantee decent supply stocks. However, without outside pressure to prioritize those goals, the facilities are often prone to increase the bottom line for owners at the expense of residents. The unified picketing at half a dozen homes was undoubtedly a response to that need for outside pressure. So many facilities fail to do the "right" thing unless they are forced.
SEIU representatives also pointed out that a 2010 state law mandates certain staffing levels. They argued that most facilities were falling below those requirements. If facilities are not obligated to obey state rules, then it is hard to see how those facilities will ever be motivated to make the changes necessary to spare early death and suffering at these facilities.
Legal Pressure
It is the same concept that is at the root of the accountability function oflawsuits against these homes. If owners and operators are allowed to skate by without consequence for maintaining conditions that harm residents, then there is little chance that necessary improvements will be made. However, when those affected stand up, point out the misconduct, and do everything in their power to uphold the law, then real change might be spurred in the future.
See Our Related Blog Posts:
Nursing Home Fall Sparks Civil Lawsuit
Levin & Perconti Settle Nursing Home Neglect Case Against Clark manor Convalescent Center
October 3, 2012
Overnight Dementia Care
by Levin & Perconti
Yesterday we discussed the new book “Dementia Beyond Drugs: Changing the Culture of the Care” where a doctor argued for a new outlook on dementia care. The physician, who has decades of experience with patients experiencing cognitive disease as they age, argues that instead of focusing solely on the disease itself, the overall patient must be considered.
Admittedly, it is easier to grasp this general principle than it is to understand exactly what that means in terms of caregiving at nursing home and other assisted living facilities. Perhaps most obviously, the book is a call for less dependence on medications to control the symptoms of dementia. Instead, more individualized care plan need to be crafted which take the unique challenges of a resident with dementia into account.
Unique Nighttime Programs
A Wall Street Journal article offers one unique approach to this alternative care. According to the story, one community essentially offers overnight parties for those suffering from dementia. The events--which start at 10pmand last until sunrise--are all about helping those with dementia who often struggle mightily sleeping through the night. It is not uncommon for those with the disease to either not sleep at all or wake up in the middle of the night severely agitated or fearful.
To help, these “night camps” offer structured singing, therapy sessions, crafts, and games to provide an alternative avenue of care for those with cognitive challenges. While located in a nursing home, the programs are opened to all local residents. In this way, even at-home caregivers (often relatives) are able to enjoy a bit of respite from caring for their loved one.
For example, one man who is caring for his father explained that “without this program, my father would be lost, and I would be crazy. He doesn’t sleep. At night he’s wide awake, and he needs activity.”
The programs offer a wide range of services. Some rooms in the facility have relaxing nature sounds, other provide movies with popcorn. At times, residents who are able take mini-field trips around the area, perhaps to look at Christmas lights or other local sights.
Unfortunately, this program, which runs literally every night, is rare. In fact, one official from the Alzheimer’s Association noted that she knew of only one in existence. The main problem is the cost. Providing structured support, caregivers, and facilities every night is not cheap.
Some elder care organizations, advocates, lawyers, and others are pushing for more funding to support these programs. The one facility that currently provides the program receives about $140 a night per resident and $74 in transportation costs from Medicaid. However, as with all public financing, it is extremely difficult to get any increases for novel programs, particularly those that are not directly related to life and death or basic care needs. Yet, there may be hope for these sorts of programs if officials can be convinced that they offer an alternative to a nursing home. If more family caregivers are able to continue living with their loved one with these novel programs, then the overall nursing home costs might be lower.
See Our Related Blog Posts:
A New Way of Thinking About Dementia Care
First Hand Portrait of Life Inside an Assisted-Living Facility
October 1, 2012
Nursing Home to Close Following Quality of Care Concerns
by Levin & Perconti
What happens when a nursing home is cited by state or federal regulators for quality of care problems? Most assume that the regulators will ensure that that negligent facility will be forced to improve or face closure. And in theory that is how the regulators are set to work. While the specific procedure depends on the state in question, most regulators will conduct investigations into practices and protocols at a nursing home during routine inspections or following a particular incident. Following those inspections, the facility may face financial penalties and is often forced to make changes and show improvement. Regulators will often conduct follow-up visits to ensure changes have actually been made.
In some cases, the facility may have committed so many egregious offenses or continually fail to improve, that more drastic actions are taken. This may result in the facility losing its ability to participate in Medicare and Medicaid programs (a death knell for many facilities which cannot financially survive otherwise). Alternatively, a state may deny the facility the ability to receive the proper licensing to legally operate. In those instances, the facility may be closed.
For example, SF Gate reported last week on a nursing home that is slated to close following the end of a two year legal battle with state and federal regulatory officials.
According to the report, the particular facility in question was cited for over 40 violations during inspections in 2010 and 2011. Many of those violations were of the most serious kind—related to problems like failure to prevent elder abuse, medication problems, allowing bed sores to fester, failure to prevent falls, and more. All of this resulted in the officials deciding to stop Medicare and Medicaid payments.
In an effort to drag out the enforcement of the penalty—which would make the home impossible to operate financially—the nursing homes filed a federal lawsuit. This move temporarily allowed the home to stay open while the legal battle dragged on. Eventually the case was thrown out by a federal judge. It was only then that the nursing home acted to fix the matter.
The result is that residents were moved to other facilities and the home itself was sold to another nursing home operator. The facility in question was owned by one large company that owns several nursing homes. The deal also involved the transfer of ownership of six other nursing home and assisted living facilities in the area.
Proper Oversight is Helpful, But Lacking
This particular case is a good example of how regulation plays out in these nursing home cases. For one thing, the facilities often do everything in their power to avoid being held accountable following citations. In this case they went so far as to file suit in order to delay the enforcement of the penalty. As a result, the home stayed open for nearly two years after the first attempt to pull the facility from participation in federal programs.
Then, even after the legal challenge dissolved, the proximate result was simply to transfer ownership to another. While this may be a good thing, if the new owner provides superior care, it is by no means a guarantee that life for residents will actually be better. It is not uncommon for ownership transfers to result in little to no improvements in actual care.
The bottom line is that while regulatory oversight is a good thing, regulators often have their hands tied when it comes to quickly and efficiently ensuring improvements are made to help residents.
See Our Related Blog Posts:
First-Hand Portrait of Life Inside and Assisted-Living Facility
Aging Expert Optimistic About Senior flourishing in their Golden Years
September 22, 2012
The Growing Importance of the Long-Term Care Workforce
by Levin & Perconti
The Russell Sage Foundation recently released a free new e-book that takes a look at the long-term care system in the United States. The authors examine both the current state of this care (including at nursing homes) as well as the likely future needs. Considering the aging of the nation, the importance of these issues will undoubtedly only grow. Lawyers, senior care advocates, friends, and family members will all need to completely re-think many of these issues if we want to seriously address the problem down the road.
The Importance of Quality Long-Term Care Workers
One chapter of the new book focuses on the critical role played by the caregivers who provide the support that seniors need. This includes direct care workers at nursing homes, assisted living facilities, and at-home service providers. At the end of the day, concerns about neglect or mistreatment begins with an examination of the total number (and quality) of direct care workers. These are the individuals who perform the actual tasks, helping with nutrition,grooming, mobility, and more.
There are many inherent challenges in ensuring this workforce is best suited to provide quality care. For one thing, as it now stands, the author notes that many enter this field “accidentally.” In other words, many workers do not strive to enter this exact field but only do so after first looking in other health care sectors. The consequence of not having a workforce striving specifically to provide service in these situations means that they often “lack the understanding, education, and training that is needed to work in this complex and rapidly changing environment.”
On top of that, one of the main problems--sometimes evident in nursing home neglect lawsuits--is the simple lack of numbers in this workforce. Recruitment is sometimes difficult, particularly because wages are kept low. For the same reasons, turnover is high. That means that not only are there often an insufficient number of employees, but they rarely have significant experience
The most recent national data from the AHCA found that there was a turnover rate of 66% yearly on top of a 9.5% vacancy rate for nursing and direct line care workers in nursing homes. That vacancy rate alone means that about 60,300 positions are not filled--positions which are crucial to ensuring the seniors and disabled who need quality long-term care actually receive it. And this is the situation now. It is widely known that the senior population is only growing as a percentage of the total population, meaning that these challenges will be exacerbated in the next few years and decades.
The book identifies many different problems which contribute to this situation. Working in this setting still maintains a negative image, which decreases desirability Compensation and benefits are usually not competitive. This is even though the work itself is quite challenging, both physically and mentally taxing.
These issues need to be addressed. Lawyers workers on neglect cases have pointed out time and again how direct line care workers are pivotal in preventing abuse and mistreatment. This reality has also been documented empirically. One of the more recent efforts, for example, identified that lower turnover rates correlated with fewer bed sores, less use of physical restraints, decreases in psychotropic drug use, and better nursing care survey reports.
See Our Related Blog Posts:
Nursing Home Fall Sparks Civil Lawsuit
Levin & Perconti Settle Nursing Home Neglect Case Against Clark manor Convalescent Center
March 10, 2010
IDPH to Close Chicago, Illinois Nursing Home
by Levin & Perconti
According to the Chicago Tribune, Somerset Place in Chicago will officially close on Friday, and the state must transfer Somerset's remaining residents. The closure comes after Medicaid funding was cut off and the Illinois Department of Public Health revoked Somerset's funding after inspections revealed rampant nursing home abuse and neglect. Somerset Place nursing home has received attention in the media due to an investigation by the Tribune into alleged abuse and neglect at the nursing home. The population at Somerset Place is entirely made up of residents suffering from mental illnesses.
Eric Rothner owns a number of nursing homes throughout Illinois,including the management company Care Centers, Inc. Care Centers declared bankruptcy recently, but was managing Somerset up until bankruptcy was declared. Care Centers, Inc. is the subject of a number of nursing home abuse and neglect lawsuits, however it is questionable whether the victims will ever see compensation. The company still owes $400,000 to a former employee after a jury found that Care Centers denied her leave benefits.
Despite this debt, the Tribune reports that Rothner received payments of $900,000 from Care Centers, Inc. in the year before the management company filed for bankruptcy. A judge called this a "deliberate attempt to conceal and divert assets to avoid paying the judgment."
The Chicago nursing home abuse attorneys at Levin & Perconti have filed a number of lawsuits against Care Centers, Inc. If you suspect that your loved on has suffered injury or death as a result of nursing home abuse and neglect in a Care Centers home, please contact our office. We will be happy to discuss your legal options with you.
According to the IDPH's Nursing Homes in Ilinois website, Rothner owns a number of Illinois homes, including:
• Briar Place
• Bryn Mawr Care
• Concord Extended Care
• Countryside Nursing & Rehabilitation Center
• Hillcrest Nursing & Rehabilitation Center
• Bella Vista Care Center
• Avenue Care Nursing & Rehabilitation Center
• Prairie Village Healthcare Center
• Boulevard Care Nursing & Rehabilitation
• Park House Nursing & Rehabilitation Center
• Elmwood Care
• Rainbow Beach Care Center
• Westshire Nursing & Rehabilitation Center
• Wheaton Care Center
• Wilson Care
• South Suburban Rehabilitation Center
January 25, 2010
Care Centers Nursing Home Avoids Closure
by Levin & Perconti
A Merrillville nursing home with a history of safety problems has avoided a likely closing by finding a buyer. The state health department had issued an emergency order requiring the Northlake Nursing and Rehabilitation Center to hire a state-approved nursing home administrator in order to monitor patient care. The nursing home is on its third and final probationary license and would not win a permanent license when that probationary experience expires. The nursing home had previously been owned by Care Center, Inc. This is a for-profit company based in Evanston, Illinois and owned by operator Eric Rothner. Many of the nursing homes owned by Rothner have suffered patient safety problems and are being investigated by Illinois authorities. The poor care given to the elderly at nursing homes owned by Care Center, Inc. has been a topic of pastChicago nursing home negligence blog posts. Additionally, the nursing home abuse attorneys of Levin & Perconti have filed nursing home lawsuitsagainst many of their nursing homes. To read more about the Care Center nursing homes, please click the link.
May 30, 2008
Nursing Home Nurses Accused of Neglect in Deaths
by Levin & Perconti
Penny Whitlock, a former nurse and director of nursing at the Illinois nursing home, Woodstock Residence, now called Crossroads Care Center of Woodstock, requested that three charges against her related to nursing home abuse and neglect be thrown out. The charges allege that sheneglected three nursing home residents by failing to blow the whistle on the mistreatment of another patient. Whitlock filed a motion asking the judge to throw out three charges for neglecting long-term care facility residents, claiming she cannot be charged for neglect of patients other than the one who she allegedly knew was being mistreated. In total, Whitlock is charged with five counts of criminal neglect of a long-term care facility resident and two counts of obstructing justice. Additionally, former Woodstock Residence nurse Marty Himebaugh was charged with, and pleaded not guilty to, four counts of criminal neglect of a long-term care facility resident, one count of obtaining morphine by fraud, and one count of unlawful distribution of a controlled substance. At the heart of the issue is whether Whitlock failed to take action after receiving complaints from other staff members alleging that Himebaugh was overmedicating nursing home patients with morphine and whether Whitlock urged Himebaugh to continue being an “Angel of Death.” The charges touch on nursing home abuse , nursing home neglect, medication errors, and physical or chemical restraints.
In a related suit, Levin and Perconti has filed a wrongful death lawsuit against Woodstock Residence, Whitlock, and Himebaugh.
Read more here.
April 25, 2008
Centers for Medicare and Medicaid Services Adds New Website to Disclose Bad Nursing Homes
by Levin & Perconti
The Centers Medicare and Medicaid Services Nursing Home Compare website has added a new section that allows viewers to see information on nursing homes and identify homes that have drawn increased federal scrutiny for complaints and other forms of nursing home abuse and neglect. The website includes a listing of Special Focus Facilities which are nursing homes that receive increased federal inspection as a result of past poor performance. Notably, five Illinois nursing homes made the list. Embassy Health Care Center in Wilmington, IL and Harrisburg Care Center of Harrisburg, IL are both on the “not improved” list. Facilities that have shown improvement include Alden Park Strathmoor in Rockford, Berkshire Nursing & Rehab in Forest Park, and International Village in Chicago.
See here for the report and view the website here.
Posted In: Illinois Nursing Homes, Alden Nursing Home Abuse and Neglect,Bad nursing homes, Beverly Nursing Home Abuse and Neglect, Care Centers Nursing Home Abuse & Neglect, How to choose a home, How to tell if your nursing home is bad, Selecting a home, Useful publications,Useful publications, Useful publications, Useful publicationsOctober 3, 2007
Care Centers owns over 20 nursing homes in Illinois
by Levin & Perconti
Care Centers, LLC is a multi-state corporation operating over 20 nursing homes in the state of Illinois. Because Care Centers is the operator of these nursing homes, you may not recognize the home as a Care Centers home. We have provided a list of homes operated by Care Centers homes listed below. If you have a complaint against any of these homes, you should contact the Illinois Department of Public Health at 1-800-252-4343 andconsult a lawyer.
Care Center Homes in Illinois
Applewood Nursing & Rehabilitation Center - Matteson, IL
Beecher Manor Nursing & Rehabilitation Center - Beecher, IL
Briar Place, Ltd. - Indian Head Park, IL
Center Home - Chicago, IL
Chateau Village Nursing & Rehabilitation Center - Willowbrook, IL
Concord Extended Care - Oaklawn, IL
Grasmere Place, LLC - Chicago, IL
Imperial of Hazel Crest, Inc. - Hazel Crest, IL
International Village Nursing & Rehabilitation Residence - Chicago, IL
Lakewood Center - Plainfield, IL
Lemont Nursing & Rehabilitation Center - Lemont, IL
Mercy Health Care & Rehabilitation Center - Homewood, IL
Prairie Manor Health Care - Chicago Heights, IL
Rainbow Beach Nursing Center - Chicago, IL
Ridgeland Nursing & Rehabilitation Center - Palos Heights, IL
Sheridan Shores Nursing & Rehabilitation Center, Inc. - Chicago, IL
Snow Valley Nursing & Rehabilitation Center - Lisle, IL
Somerset Place, LLC - Chicago, IL
South Shore Nursing & Rehabilitation Center - Chicago, IL
Tri-State Nursing & Rehabilitation Center, Inc. - Lansing, IL
Washington Heights Nursing & Rehabilitation Center, LLC - Chicago, IL
Westshire Nursing & Rehabilitation Center - Cicero, IL
Wheaton Care Center, Ltd. - Wheaton, IL
August 2, 2007
Negligence and lack of supervision in Chicago area nursing home leads to serious injury and death
by Levin & Perconti
Levin & Perconti attorney Susan L. Novosad filed a complaint on behalf of the son of a nursing home resident against Applewood Nursing and Rehabilitation Center and Lexington Health Care Center of Orland Park, Illinois. The woman, who was at a known risk for falls, was allegedly undersupervised and neglected by nursing home staff and eventually fell at the home sustaining serious injuries that ultimately led to her death.
July 24, 2007
Lemont nursing home abuse case
by Levin & Perconti
An 82-year-old woman recently died at a Lemont nursing home due toabuse and neglect. Steven Levin of Levin & Perconti is bringing a lawsuit against the Lemont facility. The suit alleges that the facility failed to properly administer care and supervision to the 82-year-old high risk fallvictim. The Chicago Sun-Times recently published the story, please Click here to view the full article.
December 21, 2006
Somerset Place – Chicago, Illinois – 12/21/06
by Levin & Perconti
The home neglected to provide adequate supervision and prevent elopement. A resident who requires constant supervision was left unattended and was found injured on the street by police. The resident was taken to the hospital with a fractured wrist and forearm.
The Illinois Department of Health produces quarterly reports on nursing home violators. To access the website click here.
November 3, 2006
Westshire Nursing and Rehabilitation Center – Cicero, Illinois – 11/3/06
by Levin & Perconti
The home neglected to provide interventions for a resident who displayed mental and psychological adjustment difficult. The resident had multiple episodes of maladaptive behavior including self harm and physical, attention seeking behavior. The facility neglected to prevent this abuse by failing to initiate a plan to prevent such behavior.
The Illinois Department of Health produces quarterly reports on nursing home violators. To access the website click here.
October 25, 2006
Hazel Crest nursing home fined for vengefully neglecting its resident
by Levin & Perconti
A Hazel Crest nursing home was cited for type “A” violations of the Nursing Home Care Act and fined $20,000 for its nursing home abuse and neglect. It neglected a resident for approximately 14 hours because the resident had demonstrated animosity toward staff members. The resident was found behind a barricaded room door, dead on the floor.
For the full release of violations cited.
Tuesday, January 14, 2014
Illinois Nursing Home Employees Picket for Better Care
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