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Are bed bugs an issue in Chicago, Illinois nursing homes?

Bed bugs can become an issue for anyone, even nursing home residents. These “public health pests” as the U.S. Environmental Protection Agency (EPA) refers to them, often travel from one place to the next by attaching to clothing, furniture, or even boxes. Given the size of these insects, they do have the ability to hide in small spaces and remain inconspicuous.

Once bed bugs are introduced to a new area such as a nursing home, they can easily travel from room to room making it even more difficult to prevent them from reproducing and spreading.

Common Places Bed Bugs Hide

Once bed bugs have made it into a nursing home, the Mayo Clinic says these insects can often be found in the following areas:

  • Mattresses
  • Bedframe
  • Headboards
  • Clutter near the bed
  • Under peeling paint
  • In upholstered furniture seams
  • Under light switch plates or electrical outlets

Are bed bugs a health concern?

Although the Centers for Disease Control and Prevention (CDC) says bed bugs are not known to spread disease, they can cause an aging individual to suffer from one or more health conditions if they are bitten. For instance, the EPA says an individual might experience any of the following symptoms after being bitten by bed bugs:

  • Allergic reactions. Bed bugs affect people in different ways. While some may have no reaction at all, others could go into anaphylaxis shock. Although anaphylaxis is a rare reaction to a bed bug bite, it is possible for a person to experience a severe allergic reaction to it. When anaphylaxis is not treated immediately, it can cause an individual to go into shock and lead to a fatal outcome.
  • Secondary infections. After an individual is bitten by a bed bug, they might experience a secondary infection such as impetigo, ecthyma, or lymphangitis. If an individual does develop an infection and it is left untreated, it could lead to more serious health issues.
  • Mental health impact. The EPA says some individuals who are living with bed bugs might experience anxiety, insomnia, and/or systemic reactions.

How can I tell if there are bed bugs in the nursing home my loved one is living in?

You may be able to tell if bed bugs are present by looking for physical signs in your loved one’s living area or even on their skin. Some of the physical signs that might appear when bed bugs are present include:

  • Rusty or reddish stains might show up on bed sheets or mattresses. If your relative’s sheets are washed regularly, you may not notice these as easily, however, if your loved one is living in a home where their needs aren’t tended to frequently, these signs may be more obvious. In the event you have a relative living in a Chicago nursing home, and you have noticed signs that point to neglect, you can contact Dinizulu Law Group, Ltd. to discuss this with one of our Chicago, IL nursing home neglect attorneys.
  • Dark spots on fabric. Bed bugs sometimes leave dark spots on fabric if they are squished or bleed onto it.
  • Dark spots around outlets or underneath a mattress.

According to the Mayo Clinic, some of the signs that might appear on an individual who is living with bed bugs include:

  • Red spots with a darker red spot in the middle.
  • The individual might complain of being itchy.
  • The red spots might appear in an arranged line or even in a cluster.
  • You may notice these spots on a person’s neck, arms, hands, or face.

What to do when you notice signs of bed bugs in a nursing home?

If you think bed bugs are present in your loved one’s nursing home, you should bring this to the attention of an administrator immediately so the issue can be addressed. Generally, bed bugs can be removed with the proper pest management, however, there are other steps health care workers can take to gain control of the situation.

Important: If you think the nursing home your loved one is living in is performing below state or federal standards, you can report the home to the Illinois Department of Public Health.

When to Contact a Nursing Home Abuse and Neglect Lawyer in Chicago, IL

When a nursing home fails to address an issue or subjects a resident to abuse or neglect, you should then consider contacting a nursing home abuse lawyer. The attorneys at Dinizulu Law Group, Ltd. can assess the situation and determine what needs to be done to get it resolved. In the event your loved one is not only being neglected but you think staff members may be mistreating him/her, we can help you to take the necessary legal action to hold the home and workers accountable for their behavior.

If you would like to schedule a time to speak with one of our Chicago, IL nursing home abuse and neglect lawyers, contact us at 1-312-384-1920.

You can contact Dinizulu Law Group, Ltd. at:

221 North La Salle Drive, Suite 1100

Chicago, IL 60601

Phone: 1-312-384-1920

Website: www.dinizululawgroup.com

Is my loved one more at risk of being abused in a Chicago nursing home if they suffer from Alzheimer’s?

If you have a loved one who is living in a nursing home or is considering moving into one and they suffer from Alzheimer’s, you may be wondering if their condition will increase their chances of being mistreated. While no one wants to consider the thought of their elderly loved one being harmed or taken advantage of, the reality is, nursing home abuse is a serious issue and one that contributes to injuries among older adults. Therefore, it is only natural to consider whether their condition puts them more at risk when they are placed under the care of nursing home staff members.

So, here’s what studies tell us.

According to the National Council on Aging (NCOA), recent studies have shown that social isolation and mental impairment such as dementia and Alzheimer’s diseases are two factors that make an older adult more vulnerable to abuse. These studies also reveal that nearly half of the individuals with dementia experienced abuse or neglect. Does this mean your aging relative will be subjected to abuse if they live in or move into a nursing home? Not exactly.

The truth is, all nursing home residents are at risk of being abused, including those who suffer from Alzheimer’s disease. But, if you place a resident in a home that is known for providing residents with substandard care, then you could be increasing their chances of being mistreated.

Now, because all nursing home residents could potentially become the victim of abuse, there are some things you can do to help prevent this from happening. The first is to make frequent visits to your loved one’s nursing home so that staff members see that you or another relative come by and check on them often. The next is to keep an eye out for signs of abuse each time you visit.

What are some signs of elder abuse?

There are many forms of abuse that can occur in a nursing home including physical, emotional, and financial abuse. Some of the signs of each type include:

Signs of Physical Abuse

According to the NCOA and the National Center on Elder Abuse (NCEA), below are some signs that might be red flags that an aging relative is being physically abused:

  • Bruising, black eyes, or welts
  • Pressure marks
  • Fractures
  • Abrasions
  • Burns
  • Sprains
  • Medication overdose
  • Sudden change in behavior

Signs of Emotional Abuse

Some signs often associated with emotional abuse include:

  • Your loved one withdraws themselves from the activities they once enjoyed partaking in.
  • Sudden change in alertness.
  • Depression.
  • They argue frequently with their caregiver or another older adult.
  • They complain that staff members threaten or belittle them.
  • They display unusual behavior.
  • They are emotionally upset or agitated.

Signs of Sexual Abuse

  • Bruising around the breasts or genital area.
  • Genital infections.
  • Vaginal bleeding that cannot be explained.
  • Complaints from the resident that they are being sexually abused.
  • Torn, stained, or bloody underclothing.

Financial Abuse

If you notice a change in your loved one’s financial situation or notice certain property of theirs is missing, it could be a sign that a worker or someone else at the facility is taking advantage of them financially.

Who can be guilty of abusing an older adult in a nursing home?

  • A nursing home staff member.
  • Nurses or other health care workers.
  • Visitors.
  • Other residents.

Now, because Alzheimer’s generally impacts a person’s memory and causes them to be confused, they may not remember an incident or cannot recount all of the events that led up to one occurring. This can make it especially difficult for family members to determine whether their aging relative is being cared for properly or if they are being respected by staff members and other residents. It is for this reason and many others that you must stay active in your loved one’s life and stay on top of their care.

What should I do if I think my loved one is being mistreated by nursing home staff members?

If your loved one has informed you that they aren’t being cared for properly by nursing home staff members or you have noticed signs of one or more types of abuse during your visits with them, we encourage you to discuss this with a Chicago, IL nursing home abuse lawyer. Dinizulu Law Group, Ltd. is a nursing home abuse law firm located in Chicago that can help you understand what your relative’s legal rights are if they are a victim of abuse and what we can do to help.

In the event we determine you have a valid abuse complaint, we can help you push for criminal charges to be filed against the abuser and even sue the facility for the pain and suffering your loved one endured. If you would like to learn more about holding a nursing home and/or worker liable for abusing your aging loved one, contact our firm today at 1-312-384-1920.

You can contact Dinizulu Law Group, Ltd. at:

221 North La Salle Drive, Suite 1100

Chicago, IL 60601

Phone: 1-312-384-1920

Website: www.dinizululawgroup.com

How Are Nursing Homes Different than Assisted Living Facilities?

CHICAGO, IL – Many people often mistake nursing homes with living assisted facilities; however, the two offer two different levels of care. Assisted living facilities often provide personal care in a home-like, social setting and is generally for people who need extra monitoring or help. On the other hand, nursing homes are for people who are seriously ill and require around the clock care and monitoring.

According to the law in Illinois, assisted living facilities are described as “a home, building, or residence, or any place where sleeping accommodations are provided for at least three unrelated adults, in which at least 80% are 55 years of age or older, where the following is provided: services based on a social media where the resident’s unit is their home, mandatory services such as meals and laundry, and a physical environment that is a homelike setting,” (77 ILCS 295.200).

Long-term care facilities, like a nursing home, have a much higher level of care than a senior living home and different requirements under the law. According to Illinois law, a long-term care facility is “a private home, institution, building, or residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill,” (210 ILCS 45/1-113).

Care and Services Provided in Senior Housing

Assisted living facilities are generally for people who need help with activities of daily living. Assisted living is a more independent level of living. Someone who suffers from memory loss and who isn’t safe living alone is someone who would live in assisted living.

By contrast, residents in nursing homes require around the clock care and monitoring. Residents in nursing homes offer suffer with more complex health care conditions that require additional assistance of a skilled nurse or a physical or speech therapist. Nursing homes legal purpose is to provide residents with intensive health care and nursing care to people who suffer from chronic conditions, like dementia or Alzheimer’s.

Regulatory Differences Between a Nursing Home and Assisted Living in Illinois

Nursing homes in Illinois are licensed, regulated, and inspected and/or certified by a number of public and private agencies, including the Illinois Department of Public Health (IDPH) and the U.S. Department of Health and Human Services Centers for Medicare and Medicaid (CMS). The IDPH is responsible for ensuring all nursing homes in the state comply with mandatory state regulations. IDPH also ensures facilities accept Medicare and Medicaid payment for services rendered to program beneficiaries meet all federal regulations.

Nursing homes are inspected at least once every six to 15 months, according to IDPH. Nursing home inspections, whether standard or in response to a complaint, are conducted without giving notice to the facility.

Assisted living facilities are often loosely regulated. Regulations are set by individual state laws, which is different in every state, and are not monitored by state or local governments. Assisted living facilities also do not receive Medicare or Medicaid funding. Illinois’ state regulation of assisted living facilities include is they must be licensed by the Division of Assisted Living.

Though there are some differences in nursing homes and assisted living facilities, there are many obvious differences. Before deciding where to place your loved one, make sure to research both facilities before determining which is a right fit.

F.A.A. Clears Boeing 737 Max to Fly Again

CHICAGO, IL – After 20 months on the ground, Boeing’s 737 Max will soon begin to fly after it tragically cost 346 people their lives.

The Max was grounded worldwide in March 2019 when the FAA jointed regulators in dozens of other countries banning the plane after the two fatal crashes in Indonesia and Ethiopia.

The Federal Aviation Administration (FAA) gave clearance to the 737 Max’s to fly once again after changes were made to the design, software and additional crew training would eliminate flaws that caused the fatal crashes in 2018 and 2019.

Boeing is facing billions of dollars in losses due to the grounding and has been affected by the blow to the aviation industry due to the coronavirus pandemic. According to The New York Times, Boeing is the largest manufacturing exporter in the United States, one of the federal government’s biggest contractors, a blue chip stock and a major employer whose fortunes help shape the national economy.

Boeing expects to begin 2021 with a global work force of 130,000 down nearly 19 percent from the head count at the beginning of this year.

The Max is the latest in Boeing’s 737 line. There are more than 380 Max planes in the global fleet, according to Cirium, an aviation data firm.

After the two deadly crashes last year, investigators have attributed the crashes to a range of problems including engineering flaws, mismanagement, and a lack of regulatory oversight. Much of the investigation was focused on a software known as MCAS, which was designed to push the plane’s nose down in certain situations.

At a news conference on Tuesday, relatives of victims from Ethiopian Airlines Flight 302 questioned whether Boeing had done enough to address safety concerns.

The changes ordered by the FAA include updated MCAS to avoid erroneous activation, updating display software to alert pilots when data from sensors are conflicting, rerouting internal wiring and updating flight manuals.

Even in the United States, it could be months before the Max begins to transport passengers again. The FAA must approve pilot training procedures for each U.S. airline operating the Max and planes must be updated; however, airlines suffering from a huge decline in traffic during the pandemic may feel more urgency to act quickly.

American Airlines is expected to the first U.S. carrier to fly the Max, with plans to fly the plane from Dec. 29 to Jan 4 for flights connecting Miami with La Guardia Airport in New York.

United Airlines said it expects to fly the Max during the first quarter of next year after 1,000 hours of work on every plane and “meticulous technical analysis.” Southwest Airlines said they didn’t expect to resume flights until the second quarter.

In both crashes, faulty sensors activated the software sending the planes toward the ground as the pilots struggled to pull them back up.

On Tuesday, the House passed a bipartisan bill aimed at changing FAA certification procedures. It will also require an expert panel to review Boeing’s safety culture. The Air Line Pilots Association applauded the legislation saying that there were “much-needed” changes to the certification process.

How can a nursing home in Chicago, IL prevent a flu outbreak?

Each year, the U.S. experiences the flu season which occurs in the fall and winter. Although the Centers for Disease Control and Prevention (CDC) says cases of the flu typically spike in December and February, it isn’t uncommon to see cases as late as May and sporadically throughout the remainder of the year. The flu, like many other viruses, can easily be spread from person to person and is particularly threatening to older adults, especially those residing in nursing homes.

The CDC estimates that from October 1, 2019, through April 4, 2020, between 24,000-62,000 deaths were recorded in connection with the flu, and between 410,000-740,000 individuals were hospitalized after contracting it. Because the flu spreads easily and carries some rather serious symptoms, long-term care facilities such as nursing homes must ensure they are doing their part to prevent a flu outbreak.

Steps Nursing Homes Can Take to Prevent a Flu Outbreak

According to the CDC, there are a number of steps nursing homes in Chicago and all across the U.S. can take to help prevent a flu outbreak. Here are a few of the CDC’s recommendations:

  1. Administer the flu vaccine to those who consent to it.

The flu vaccine is typically made available to the public year-round, although the CDC says it should be administered before influenza (i.e. flu) season starts. Typically, nursing homes will begin to administer the vaccine at the beginning of September but may continue to offer it later in the year. In the event a facility receives a new resident after their influenza vaccination program has ended, the CDC recommends that the facility discuss the benefits of the vaccination with the resident or their legal representative and administer it as soon as possible if they have given consent to receive it.

      2. The CDC and the Advisory Committee on Immunization Practices (ACIP) recommends that all healthcare personnel get vaccinated annually.

Because healthcare workers go in and out of nursing homes on a daily basis, they could potentially contract it from an outside source and bring it into the nursing home. However, healthcare workers who choose to get vaccinated may be able to help reduce the transmission of the flu.

      3. Facilities should continuously monitor the health conditions of residents, staff, and visitors.

The CDC recommends that nursing homes conduct daily surveillance of residents, staff members, and visitors to ensure anyone who is entering the facility isn’t displaying symptoms closely related to the flu. If anyone entering a nursing home shows flu symptoms, they should not enter the facility until their symptoms have subsided.

      4. Administer flu tests when necessary.

If healthcare staff members at a nursing home witness signs and symptoms of the flu among residents, they should administer a flu test so that the resident can be treated promptly in the event they did contract the flu.

How should nursing homes handle a flu outbreak when one occurs?

When two or more residents in a nursing home have contracted the flu, the CDC says an influenza outbreak might be occurring. When a nursing home suspects that it may have a flu outbreak, staff members must take immediate action. Some of the steps the CDC recommends nursing homes take include:

  1. Continuously monitor residents, staff members, etc. to see if anyone is showing signs related to the virus.
  2. Implement outbreak control measures. Each nursing home should have outbreak control measures in place and should implement them when situations like these arise.
  3. Healthcare workers should take standard precautions such as:
  • Wearing gloves when coming in contact with potentially contaminated surfaces or respiratory secretions.
  • Wearing a gown when coming in contact with clothing that is soiled with a resident’s respiratory secretions.
  • Change gloves and gowns with each resident encounter.
  • Always wash their hands before and after touching a resident or touching something in their environment.

In addition to the CDC’s recommendations outlined above, nursing homes are also expected to provide a sick resident with the appropriate level of treatment immediately to prevent from having their condition worsen. If necessary, a resident who has contracted the flu virus should also be isolated from other residents until he/she has gotten better.

What if nursing home staff members fail to implement the recommended safety precautions during a flu outbreak?

If staff members at a nursing home are aware there is an active flu outbreak in their facility and fail to implement the necessary safety measures to get it under control, there are ways a family member can recognize the facility for their negligence. For starters, a family member may file a complaint with the Illinois Department of Public Health (IDPH). If a resident was harmed because he/she was neglected or did not receive the proper care during a flu outbreak, their family can also contact the Chicago, IL nursing home neglect lawyers at Dinizulu Law Group, Ltd. for legal advice on how to address the issue. If you would like to set up a free consultation to learn more about our firm and how we can help you, contact us at 1-312-384-1920.

Dinizulu Law Group, Ltd. can be reached at:

221 North La Salle Drive, Suite 1100

Chicago, IL 60601

Phone: 1-312-384-1920

Website: www.dinizululawgroup.com

Are nursing home residents more at risk of becoming dehydrated?

Dehydration can happen when a person loses more fluid than they take in which results in the body not having an adequate supply of water to perform its normal functions, according to the Mayo Clinic. Although anyone can become dehydrated if they fail to take in enough liquids, there are two groups of individuals who are more at risk, older adults and individuals who suffer from chronic illnesses. Unfortunately, many older adults who are living in nursing homes also suffer from one or more health conditions which means their risk of becoming dehydrated is much higher than the average person.

Why are older adults more likely to become dehydrated?

According to the Mayo Clinic, when you age, “your body’s fluid reserve becomes smaller” meaning your “ability to conserve water is reduced and your thirst sense becomes less acute.” In addition to this, many older adults are unable to take in the appropriate amount of fluids due to their limited ability to move. For instance, if an older adult is bedridden or cannot move without assistance, they will have to rely on someone else to get their fluids for them.

Although nursing home staff members are expected to understand the importance of getting in an adequate amount of fluids, sometimes certain factors interfere with a worker’s ability to provide a nursing home resident with the amount of fluids they need on a daily basis. Some of these factors include:

  • The facility is understaffed.
  • Certain workers may not be properly trained and do not understand the importance of fluid intake.
  • Some workers may be overworked, burnt out, and are simply not concerned with how much fluid certain residents intake daily.
  • Certain nursing home staff members may neglect the residents they are supposed to be assisting.

If you have reason to believe that a family member is being neglected by nursing home staff members, contact Dinizulu Law Group, Ltd. to speak with one of our Chicago, IL nursing home neglect attorneys. We can discuss with you the matter in-depth and determine what the best course of action would be for you to take. Our office can be reached at 1-312-384-1920.

Chronic Illnesses and Dehydration

Individuals who suffer from chronic illnesses are also at a heightened risk of becoming dehydrated. For instance, the Mayo Clinic says that if an individual has uncontrolled or untreated diabetes, those individuals are at a higher risk of becoming dehydrated. Other conditions such as kidney disease and even a cold could also increase a person’s risk of becoming dehydrated as the medications they take may cause increased urination or they may feel too sick to want to drink.

What can cause a nursing home resident to become dehydrated?

There are a number of reasons why nursing home residents become dehydrated. The Mayo Clinic has listed these as some common causes:

  • Diarrhea and vomiting. Severe or acute diarrhea “can cause a tremendous loss of water and electrolytes in a short amount of time.” Vomiting and diarrhea together can cause an individual to lose even more fluids and minerals which can lead to dehydration.
  • Fever. Typically, “the higher the fever, the more dehydrated you may become.” If an older adult suffers a fever for an extended period of time and begins to vomit or experience diarrhea, “the problem only worsens.”
  • Excessive sweating. Naturally, the more you sweat the more water you lose. If an older adult sweats persistently and the water isn’t replaced, they could become dehydrated.
  • Increased urination. There are certain health conditions that can cause an older adult to experience increased urination. If the condition is left unaddressed and the individual’s fluids are not replaced, they too can suffer from dehydration.

Nursing home staff members play a major role in keeping an older adult healthy. In most cases, they are responsible for ensuring the residents they care for are eating, drinking, and moving around regularly. They are also expected to provide adequate supervision so that if a resident becomes sick or dehydrated, they are able to provide them with immediate attention to prevent their condition from worsening.

Now, because many nursing homes in Illinois have become understaffed and/or employ workers who are not cut out to handle the job, many nursing home residents wind up being neglected which can then lead to them suffering from various conditions including, but not limited to, malnutrition and dehydration.

Contact Dinizulu Law Group, Ltd. If You Suspect Your Loved One is a Victim of Neglect or Abuse

If your loved one has been harmed because he/she was neglected or abused by nursing home staff members in Chicago, IL, our nursing home abuse law firm is prepared to help you address the issue. Whether that means filing a complaint against the home or filing a civil lawsuit, our firm is dedicated to providing victims of nursing home abuse and neglect with the representation they need to obtain the justice they deserve.

 

Dinizulu Law Group, Ltd. is located at:

221 North La Salle Drive, Suite 1100

Chicago, IL 60601

Phone: 1-312-384-1920

Website: www.dinizululawgroup.com

Recognizing Signs of Nursing Home Abuse in Residents with Alzheimer’s and Dementia

CHICAGO, IL – When placing your loved one in a nursing facility, everyone hopes their loved one will be treated with the respect and compassion they deserve. Unfortunately, that’s not the reality of how some facilities are. Physical, emotional, psychological, and sexual abuse can happen to any resident; however, Alzheimer’s disease and dementia are often ones that are at the most risk for abuse.

Physical Abuse

Physical abuse can take forms in ways of hitting, slapping, kicking, or pinching. It can also take form in a way of roughly handling your loved one when transferring them in and out of their wheelchair or bed. If a resident has bruises, cuts, or other physical injuries that they or staff are unable to explain, this may be a sign that staff or other residents have abused him or her; however, it’s important to note that not all physical injuries are a sign of abuse.

Psychological or Emotional Abuse

Nursing home staff can embarrass, isolate, and scare residents as a form of controlling them. If you see or feel that your loved one exhibits signs of fear towards staff, especially a specific staff member, this may be a sign of abuse. Sudden changes in behavior suck as rocking back and forth can be a sign of abuse. Residents who suffer from Alzheimer’s and dementia become confused and may convince themselves they are in danger and someone is harming them when they may not be the case; however, it’s important to take every precaution and investigate any report of mistreatment or signs of abuse.

Sexual Abuse

It’s difficult to believe anyone could take advantage of someone as vulnerable as an elder, especially someone who suffers from a cognitive impairment. A resident is not limited to suffering from sexual abuse from only staff members – any visitor that enters the facility can abuse an elder, along with other residents or staff members. Signs of abuse can be bruises, bleeding, agitation, depression, torn or blood-stained clothing, and contracting a sexually transmitted infection.

Contact a Cook County Nursing Home Abuse Attorney

If you suspect your loved one has been a victim of nursing home abuse, it’s important to take immediate steps to protect his or her safety. Always alert the nursing facility and authorities about signs of suspected abuse. Once your loved one is safe, contact a Chicago nursing home injury attorney at Dinizulu Law Group for a free consultation at (312) 384-1920 or visit our website for more information.

CMS Issues Memo Reaffirming Nursing Home Residents’ Right to Vote

CHICAGO, IL – The Centers for Medicare & Medicaid Services (CMS) has issued a memo affirming the continued right that nursing home residents are allowed to exercise their right to vote. The memo recognizes limitations visitors have to enter facilities to assist residents in voting; however, nursing homes must still ensure residents are able to exercise their Constitutional right to vote.

Residents’ Rights include:

  • 483.10(b) Exercise of Rights: The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States
  • 483.10(b)(1): The facility must ensure that the resident can exercise his or her rights without interference, coercion, discrimination, or reprisal from the facility
  • 483.10(b)(2): The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights and to be supported by the facility in the exercise of his or her rights as required under this subpart

A resident has the right to vote and must not be impeded in any way by the nursing home facility and its staff. Nursing homes should have a plan in place to ensure residents are able to exercise their right to vote, whether in-person, by mail, absentee, or other authorized process. Some states may have specific programs to enable nursing home residents to vote in which the facility should coordinate and engage with those programs. This may include:

  • Mobile Polling in residential facilities performed by a bipartisan team of workers; and/or
  • Assistance in registering to vote, requesting an absentee ballot, or completing a ballot from an agent of the Resident’s choosing, including family representative, LTC Ombudsmen or nursing home staff

If a resident is unable to cast their ballot in person, nursing homes must ensure residents have the right to receive and send their ballots via the U.S. Postal Service, or other authorized mechanism allowed by the State or locality.

CMS regulations specific to use of mail, which also apply to voting, for voting, include:

  • 483.10(g)(7): The facility must protect and facilitate that resident’s right to communicate with individuals and entities within and external to the facility, including reasonable access to: (i) A telephone, including TTY and TDD services; (ii) The internet, to the extent available to the facility; and (iii) Stationery, postage, writing implements and the ability to send mail
  • 483.10(h)(2) The facility must respect the residents right to personal privacy, including the right to privacy in his or her oral (that is, spoken), written, and electronic communications, including the right to send and promptly receive unopened mail and other letters, packages and other materials delivered to the facility for the resident, including those delivered through a means other than a postal service
    • Promptly meaning the delivery of mail or other materials to the resident within 24 hours of delivery by the postal service, including a post office box, and delivery of outgoing mail to the postal service within 24 hours, except when there is no regularly scheduled postal delivery and pick-up service.

Additional information is available from the HHS Administration for Community Living related to voting rights and resources, as well as contact information for Long Term Care Ombudsmen can be found here.

Pilot dies after suffering serious injuries in Ford Heights plane crash

CHICAGO, IL – A 70-year-old Frankford man has died after a small plane crashed in south suburban Ford Heights. The small aircraft crashed into a wooded area off of Lincoln Highway, just west of Illinois 394 around 5:10 p.m. on Tuesday, according to Illinois State Police.

The pilot, a 70-year-old Frankfort man, underwent emergency surgery at the University of Chicago hospital after being seriously injured in the crash.

The Cook County Medical Examiner’s Office identified him Wednesday morning as Lawrence Jagmin. The office said he died sometime on Tuesday night.

According to the Federal Aviation Administration (FAA), the engine crashed under unknown circumstances. The aircraft struck a light pole and hit a vehicle on the ground before coming to rest on an embankment.

A witness in the area said the plane came down on the shoulder of the road and a wing of the plane ripped off when it hit the light pole.

Northbound and southbound ramps to Lincoln Highway were closed at approximately 5:50 p.m. Tuesday for the investigation, according to state police. The ramps will likely stay closed late into Wednesday morning.

State police said the investigation is still underway. The FAA is also still investigating the crash.

October is Long-Term Care Residents’ Rights Month

CHICAGO, IL – Each day, families bring their loved ones to be admitted into nursing homes across the country. Some may feel uncertain about their loved one receiving the quality care they deserve. Unfortunately, in many nursing home facilities there are track records of willful neglect, abuse, and preventable accidents and illnesses. October is a time to remind families the rights residents have that are designed to protect them from these situations.

“Resident’s Rights Month” is an annual event held by the National Consumer Voice for Quality Long-Term Care (Consumer Voice) to celebrate and focus the public’s attention on awareness of dignity, respect, and long-term resident’s value. Resident’s Rights Month is an opportunity for families, residents, staff, ombudsman programs, and other advocates to promote quality long-term care.

Review of Nursing Home Resident’s Rights

Residents in nursing homes have rights that are guaranteed under federal law. The Nursing Home Reform Law requires nursing homes to promote and protect the rights of each individual resident and stresses individual dignity and self-determination. Many states include residents’ rights in state law or regulation but varies by state.

  1. Right to a Dignified Existence
  • Equal access to quality care
  • Be treated with consideration, dignity, and respect, recognizing each resident’s individuality
  • Freedom from abuse, neglect, exploitation, and misappropriation of property
  • Freedom from physical or chemical restraints
  • Quality of life is maintained or improved
  • Exercise rights without interference, coercion, discrimination, or reprisal
  • Provide a homelike environment, and use of personal belongings when permitted
  • Security of possessions
  1. Right to Self-Determination
  • Reasonable accommodation of needs and preferences
  • Organize and participate in resident and family groups
  • Request, refuse, and/or discontinue treatment
  • Choice of activities, schedules, health care, and providers, including attending physician
  • Participate in developing and implementing a person-centered plan of care that incorporates personal and cultural preferences
  • Choice of designating a representative to exercise his or her rights
  1. Right to be Fully Informed Of
  • Rules and regulations, including a written copy of residents’ rights
  • The type of care to be provided, and risks and benefits of proposed treatments
  • Contact information for the long-term care ombudsman program and that state survey agency
  • Changes to the plan of care, or in medical or health status
  • State survey reports and the nursing facility’s plan of correction
  • Written notice before a change in room or roommate
  • Notices and information in a language or manner he or she understands (Spanish, Braille, etc.)
  1. Right to Raise Grievances
  • Present grievances without discrimination or retaliation, or the fear of it
  • Prompt efforts by the facility to resolve grievances, and provide a written decision upon request
  • To file a complaint with the long-term care ombudsman program or state survey agency
  1. Right of Access to
  • Individuals, services, community members, and activities inside and outside the facility
  • Assistance if sensory impairments exist
  • Visitors of his or her choosing, at any time, and the right to refuse visitors
  • Personal and medical records
  • His/her personal physician and representatives from the state survey agency and long-term care ombudsman program
  • Participate in social, religious, and community activities
  1. Rights Regarding Financial Affairs
  • Manage his/her financial affairs
  • Information about available services and charges for each service
  • Personal funds of more than $100 ($50 for residents whose care is funded by Medicaid) deposited by the facility in a separate interest-bearing account, and financial statements quarterly or upon request
  • Not be charged for services covered by Medicaid or Medicare
  1. Right to Privacy
  • Private and unrestricted communication with any person of their choice
  • Regarding personal, financial, and medical affairs
  • During treatment and care of personal needs
  1. Rights During Discharge/Transfer
  • Preparation and orientation to ensure safe and orderly transfer or discharge
  • Right to appeal the proposed transfer or discharge and not be discharged while an appeal is pending
  • Receive 30-day written notice of discharge or transfer that include: the reason; the effective date; the location going to; appeal rights and process for filing an appeal; and the name and contact information for the long-term care ombudsman
  • Notice of the right to return to the facility after hospitalization or therapeutic leave

Dinizulu Law Group: Illinois Nursing Home Abuse and Neglect Attorney’s

If you or your loved one has been subjected to poor treatment while in a nursing home facility, our attorneys can help find the answers for you. Contact our skilled legal team at Dinizulu Law Group to discuss your concerns. Call us at (312) 384-1920 for a free consultation or visit our website for more information.

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