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Department of Justice Launches National Nursing Home Initiative

April 8, 2020/in Blog/by Yao Dinizulu

Attorney General William P. Barr announced the launch of the Department of Justice’s (DOJ) National Nursing Home Initiative (NNHI), which will investigate nursing homes nationwide that provide “grossly substandard” care to their residents. The DOJ indicated that it was dedicating significant resources to partner with the U.S Department of Health and Human Services and local and state prosecutors to respond to life-threatening quality of care issues the nursing home industry currently faces.

The DOJ is committed to combatting elder abuse and financial fraud, as it affects at least 10% of Americans every year. Elder abuse is an intentional or negligent act committed by any person that causes harm or a serious risk of harm to an older adult. Through enforcement actions, training and resources, research, victim services, and public awareness, the DOJ serves to prevent all forms of abuse and neglect.

The DOJ announced nearly 30 investigations in nine states that are currently underway. The NNHI focuses on identifying, investigating, and prosecuting the most problematic nursing homes nationwide, including those that:

Consistently fail to provide adequate care to residents
Failure to adhere to basic protocols of hygiene and infection control
Failure to provide residents with enough food so they become sick or weak
Withholding medication, or
Using physical or chemical restraints or sedating a resident, unless otherwise stated by the resident’s physician

For example, care failure can cause residents to develop pressure sores, or bedsores, down to the bone. Residents should be turned every 2 to 3 hours when laying in a bed, while they should be turned every 15 minutes when sitting in a wheelchair. If nursing home staff act carelessly or fail to do their job, they leave residents vulnerable to developing an illness, or in some instances death.

Federal regulators and law enforcement have had the authority to develop and enforce quality-of-care standards for nursing homes, while state regulators have traditionally played a leading role in investigating and prosecuting nursing homes for quality of care violations. The Department prosecuted claims under the False Claims Act (FCA) which relates to the federal spending on nursing home care for Medicare and Medicaid beneficiaries.

“The HSS Office of Inspector General continues to pursue nursing home operators who provide potentially harmful care to residents who are often unable to protect themselves,” said Chief Counsel to the Inspector General Gregory Demske. “Creating the Initiative sends a message to those in charge of caring for beneficiaries that substandard care will not be tolerated.”

The NNHI is part of a broader commitment by the Department to combat elder abuse and fraud, two things that often happen in nursing facilities. The Elder Justice Initiative (EJI) was developed in 2016, which will coordinate the NNHI. The task force is dedicated to coordinating the prosecution of elder abuse, including physical abuse, financial fraud or exploitation, caregiver negligence or abandonment, sexual abuse, or psychological abuse.

According to a press release by the DOJ, all entities must meet state and federal requirements and are encouraged to consider the following:

Reviewing all surveys over the past 5 years and addressing citations of substantial quality of care
Ensure all internal and external complaints are appropriately addressed
Ensure the entity has a compliance program that flags and escalates any complaints or concerns to ensure they are properly handled

Under the DOJ’s increased scrutiny, operators and investors in nursing homes, assisted living facilities, and other skilled nursing facilities are encouraged to discuss the quality of care standards and concerns.

If you or a loved one has experienced abuse or neglect at the hands of a caregiver, you will need an experienced nursing home neglect and abuse attorney. Our team has proven success in nursing home cases and will use our extensive legal experience to help you navigate the process and to get you full and fair compensation for you or your loved one’s injuries. To receive a free consultation, please call (312) 384-1920 or visit our website.

Neglected Nursing Home Residents Often Develop Bed Sores

April 3, 2020/in Blog/by Yao Dinizulu

Most residents in nursing facilities can’t move around on their own. They may be confined to their bed or a wheelchair, and it can be difficult for them to shift their weight of their body. When a body part is experiences persistent pressure, bed sores can develop. Staff members must take extra precaution to prevent the development of bed sores, such as flipping the resident over.

What are bedsores?

According to John Hopkins, bedsores can form when a person is, “bedridden or otherwise immobile, unconscious, or unable to sense pain.” Bedsores happen on areas of the skin that are under pressure from lying in bed or wheelchair for an extended period of time.

If an immobile or bedridden resident is not turned or positioned properly, given proper nutrition and skin care, bedsores can develop into one of four stages.

What causes bedsores?
Bedsores develop when blood supply to a person’s skin is cut off for more than 2 to 3 hours. Depending on the severity of the bed sore, the person’s physical condition and depending on if they have any underlying diseases, bedsores can take days, months, or years to heal.

What are the symptoms of bedsores?
Bedsores have 4 stages, ranging from least severe to most severe:

Stage 1. The area is red and warm to touch. On darker skin, the area may have a blue or purple tint. During this stage, a person may complain that it hurts, itches, or burns.
Stage 2. The area begins to look more damaged and have an open sore, scrape or blister.
Stage 3. The area has a crater-like appearance because of the damage below the skin’s surface.
Stage 4. The area is severely damaged, and a large wound is present. Infection is a significant risk at this stage.

How are bedsores diagnosed?
A healthcare provider or physician can diagnose bedsores by inspecting the person’s skin. According to their appearance is what stage the person is at.

How do you treat bedsores?
A healthcare provider will discuss specific treatment options based on the severity of the person’s condition. Healthcare professionals are supposed to monitor the bedsore closely and document the size, depth, and response to treatment. Treatment can include:

Keeping the wound clean
Ensuring good nutrition
Removing pressure on the affected area
Protecting the wound with gauze
Medication, such as antibiotics

How can bedsores be prevented?
By examining the skin closely and looking for areas of redness, aparticularly in bony areas. Other methods include:

Turning and repositioning a resident every 2 hours
Sitting up-right in a wheelchair, repositioning roughly every 15 minutes
Provide good skin care
Provide good nutrition

What to do if I’ve found bed sores on myself or a loved one?
To prove negligence or abuse has happened to a resident, you will need an experienced nursing home neglect and abuse attorney. Our team has proven success in nursing home cases and will use our extensive legal experience to help you navigate the process and to get you full and fair compensation for you or your loved one’s injuries. To get a free consultation, please call (312) 384-1920 or contact us via our website at www.dinizululawgroup.com.

What Protections does the Illinois Nursing Home Care Act cover?

March 31, 2020/in Blog/by Yao Dinizulu

Nursing home abuse and neglect often goes unaddressed because residents and their families don’t necessarily know the rights a resident has. The Illinois Nursing Home Care Act (210 ILCS 45) specifically protects nursing home residents who may be more vulnerable to exploitation, neglect or abuse. Residents have the same rights just as any other person has under Illinois law, federal law, and state laws.

What is abuse or neglect?
Anyone residing in a long-term care facility has the right to be free from abuse, neglect, mistreatment, and financial exploitation. Abuse generally refers to the harmful actions, while neglect refers to the negligence or carelessness.

The statue reinforces the rights that every Illinois citizen has and details a number of specific rights and protects nursing home residents have that are guaranteed by state law or under the U.S Constitution. Those include:

Rights regarding spousal impoverishment. Nursing home facilities must inform all new residents upon being admitted of their spousal impoverishment rights under the Illinois Public Aid Code and the Medicare Catastrophic Act.

Right to private visits. Residents cannot be denied the opportunity for family and friends to visit, unless there is a verified medical reason for restricting visitations.

Right to personal property. Nursing home staff are not allowed to withhold or take a resident’s personal property; however, if there is medical reason for why the resident cannot have access to an item, they may be prevented from doing so.

Right to manage your own finances. Due to the nature of many resident’s illnesses, residents may not always have immediate access to their money; however, nursing homes are prohibited from spending a resident’s funds without proper authorization.

Right to your own physician. Nursing home residents have the right to choose their own physician and cannot be denied an opportunity to see their physician.

Right to respect and privacy in medical care. Residents have the legal right to privacy, and undisclosed personal information with their doctors and/or physician.

Right to participate in medical care and refuse treatment. Nursing home residents have the right to understand medical treatment they are undergoing and/or refuse treatment or medical interventions.

Right to exercise religion. Nursing homes cannot prevent a resident from expressing his/her religion.

Right to be free of physical or chemical restraints, unless medically necessary. Often times nursing homes must put restraints on a resident who puts themselves or others at risk of hurting them. The only exception a verified medical reason and when absolutely necessary. A residents physician is the only one who can order the use of physical or chemical restraints.

Right to rescreening when admitted with serious mental illness. When residents are admitted into a nursing home facility, they have the right to be rescreened and annually assessed.

Right to be free from unlawful discrimination. No resident should be unlawfully discriminated by any owner, licensee, administrator, employee, or agent of a facility.

Right to authorized electronic monitoring. A resident has the right to allow electronic monitoring devices placed in their rooms.

Right to see an attorney or social worker. Residents cannot be denied the opportunity to receive counsel from an attorney or social worker.

If you or a loved one has been abused or neglected in a long-term care facility such as an assisted living facility or nursing home, please contact an experienced nursing home abuse attorney. Schedule a free consultation today with Dinizulu Law Group today at (312) 384-1920.