Chicago IL nursing home abuse law | Dinizulu Law Group, Ltd

Report Shows Nursing Home Abuse Increased But Extremely Underreported

July 29, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – A study recently conducted by the U.S. Government Accountability Office (GAO) shows an increase in nursing home abuse between 2013 and 2017, stating abuse deficiencies more than doubled. In 2017, abuse deficiencies were categorized at the highest levels of severity causing actual harm to residents or putting them in immediate jeopardy.

GAO identified the most common types of abuse and perpetrators including physical abuse (46 percent) and mental/verbal abuse (44 percent) were the leading forms of abuse, followed by sexual abuse (18 percent). Nursing home staff, which includes staff working in any part of the nursing home, are most often the perpetrators (58 percent), followed by resident perpetrators (30 percent), and other types of perpetrators (2 percent).

The federal law requires nursing homes to report allegations of abuse of reasonable suspicion of crimes committed against residents; however, Centers for Medicare & Medicaid Services (CMS) has not properly instructed nursing homes on what information should be included in incident reports. Furthermore, there is a lack of information given to state survey agencies which delays the determination of if an investigation should occur.

There are undeniable gaps in the CMS process for referring incidents of abuse to law enforcement, which can limit CMS’s ability to ensure nursing homes meet federal requirements to ensure residents are free of abuse. GAO noted issues relating to referring abuse to law enforcement in a timely manner, tracking abuse referrals, defining what it means to substantiate an allegation of abuse, and sharing information with law enforcement. GAO made recommendations for the respective issues addressed in gaps in the referral process.

Although physical, mental, and verbal abuse is less common than neglect, the review shows a substantial increase in abuse deficiencies cited in nursing homes. The study specifically highlights the largest increase in severe cases. The report notes imperative changes CMS must make to have information complete and readily available, in addition to reporting incidents to law enforcement upon reasonable suspicion a resident is in danger.

General Evidence of Abuse

A loved one may be experiencing abuse if there is a sudden change in their behavior and personality, and/or tension between an elder and their caregiver. The Nursing Home Abuse Center mentions signs and symptoms to look for if you suspect a loved one is being abused.

Physical Abuse

Unexplained broken bones, dislocations, or sprains
Bruising, scars or welts
Failing to take medication properly
Signs of restraint
Broken eyeglasses
Caregiver refusing to let you be alone with the elderly individual

Emotional

Unusual behavior that can resemble symptoms of dementia, including mumbling, sucking one’s thumbs, or rocking behavior
Witnessing the caregiver belittle, control, or use threatening behavior towards elderly person

Sexual Abuse

Unexplained STDs of other genital infections
Bruising on body
Stained, bloody, or torn underwear

Nursing home and elderly abuse is not limited to just abuse – neglect, health care fraud, and financial exploitation are all forms of abuse to consider. If you or a loved one has experienced or suspect elderly abuse is occurring, please contact Dinizulu Law Group, Ltd right away at (312) 384-1920 or by visiting our website. Due to the statue of limitations, we must begin working on your case right away.

Illinois Nursing Homes Ranked 3rd Worst in Country

June 17, 2019/in Blog/by Yao Dinizulu

Each nursing home is different than the next in terms of how patients are treated and being taken care of. Some nursing homes provide clients with excellent care following guidelines and procedures while another may be suffering a staff shortage, and employees may have to overcompensate by caring for more patients than they are able to handle resulting below quality care. A recent report from a non-profit advocacy group ranked Illinois as the 3^rd worst state in the country for nursing home quality.

Families for Better Care gave Illinois an “F” for the quality of its nursing homes (Chicago Tribune). Ratings include Washington D.C. in which Illinois was ranked 49^th in the country, only above North Carolina and Texas.

Nursing home residents in Illinois receive an average of only 1.6 hours of professional nursing care a day. Residents also receive roughly 2.2 hours of direct care that relates to daily needs such as going to the bathroom, help getting dressed, getting out of bed, and being turned to avoid bedsores. Nearly 97 percent of nursing homes in Illinois have had federal deficiencies or citations; moreover, 28 percent have severe federal deficiencies.

Although Medicaid is a state and federally funded insurance program, many Illinois nursing homes are challenged by low payments by it. Nationwide, Medicaid covers upwards of 60 percent of nursing home residents according to the Kaiser Family Foundation report (2017). The report states the typical cost of nursing home care is $82,000 annually. The state’s Medicaid reimbursement pay is about $35 less per resident than what the actual cost of caring for the resident is.

Illinois recently adopted a new-found budget that includes $240 million for Medicaid funding for nursing homes, $70 million which specifically is for staffing. Nursing homes that fail to meet staffing requirements will now face a financial penalty. Nursing homes that violate the requirement will have to post notices explaining themselves which is to be posted in each publicly used doorway into the facility, in the main lobby, next to the registration desk, and on their website.

Illinois law requires nursing homes to provide 3.8 hours of nursing and personal care per day for residents that need skilled care, and 2.5 hours for residents needing intermediate level care.

The top states for nursing homes are Hawaii, Delaware, and Alaska according to the Families for Better Care report. You can check out how the federal government rates individual nursing homes here. If you or a loved one has been a victim of nursing home abuse or neglect, please call Dinizulu Law Group, Ltd. at (312) 384-1920. Due to the statue of limitations, we will have to begin working on your case right away.

3 Little-Known VA Pensions: Do You Qualify?

June 14, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Are you or a loved one a veteran or a surviving spouse? The VA offers many benefits; however, there are hundreds of thousands of veterans and/or surviving spouses that are eligible for these little-known VA benefits. These funds are used for assisted living at many facilities and for at-home care. Please consult an adviser to see if you or a loved one qualifies for the following VA benefits.

There are three levels of VA benefits called Pensions:

Basic Pension/Improved Income – healthy veterans with low incomes over the age of 65
Aid & Attendance – veterans over the age of 65 that require assistance with daily living activities
Housebound – veterans with a disabling rate of 100% that prevents them from leaving their home, but doesn’t have to be related to their military service

Aid & Attendance and Housebound pension benefits provide an additional monthly income over and above the Basic Monthly pension. To be eligible for either pension, the individual must meet the requirements for Basic Pension. The Aid & Attendance Pension benefits eligible veterans and their surviving spouses, or just the spouse in the event of a veteran’s death, to pay for the assistance they need in an everyday function. This includes eating, bathing, dressing, and medication management.

It’s important to note that potential eligibility conflicts between pensions and other assistance may arise. There are complex financial considerations for Aid & Attendance eligibility; however, the general requirements listed below must be met by the veteran or the surviving spouse:

Age – Veterans or surviving spouses must be 65 years old, or officially disabled if younger
Period of Military Service – Veterans must be considered “war time” veterans, meaning they served at least 90 days and served at least 1 day during the wartime dates listed below; this does not necessarily mean in combat:
- World War II: Dec. 7, 1941 – Dec. 31, 1946
- Korean War: June 27, 1950 – Jan. 31 – 1955
- Vietnam War: Aug. 5, 1964 – May 7, 1975 (or Feb. 28, 1961 – May 7, 1975 for Veterans who served in Vietnam)
- Gulf War: Aug. 2, 1990 – Undetermined
Discharge Status – Veterans cannot have been dishonorably discharged.
Disability Status – Veterans are eligible without a disability; however, a higher benefit is available to those who are disabled.
- Aid & Assistance Eligibility – veteran must require help with daily activities at home, in nursing homes, or assisted living. The need for that help does not have to be related to service in the military.
- Housebound Eligibility – veteran needs to have the disability rating of 100% that prevents them from leaving their home. The disability does not have to be related to their military service.
- Basic Pension/Improved Income Eligibility – no disability requirement.
Marriage Rules – a surviving spouse must have been living with the veteran at the time of their death and must be single at the time of a claim.

Medical-related expenses include skilled nursing, assisted living, adult day centers, and at-home care. Medicare and other insurance premiums, as well as prescriptions that may not be covered by insurance, should be included as medical-related expenses. Please check out how the VA calculates income here.

When calculating assets, the VA allows a veteran to deduct the value of their homes and vehicles; in addition, the VA looks at the applicant’s overall net worth in addition to their income. Net worth accounted for includes assets in bank accounts, stocks, bonds, mutual funds, and property, plus furnishings and personal effects, such as clothing.

VA Pensions can be used to pay family members who are the caregiver of a veteran or survivor (with the exception of spouses). Care expenses can be deducted from their income. Veterans’ spouses are not considered since joint income is calculated as household income.

The downside to these VA Pensions is it can be a lengthy process. Applicants can expect to wait 9-12 months before receiving their benefits; however, there are loans available to help pay for care while claims are being processed. Please consult an adviser to learn more about VA Pensions and Benefits.

Sepsis Caused By Nursing Home Neglect – A New Treatment Offers Hope

January 11, 2019/in Blog, nursing home neglect/by Yao Dinizulu

A new vitamin treatment made of vitamin C, thiamine, and steroids is offering new hope for patients suffering from sepsis. Sepsis, is a blood infection that can turn lethal in many cases and very quickly. CDC reports that one-third patient deaths in hospital is caused by sepsis.

Clinical trials have already started to test the treatment. One particular clinical trial called VICTAS (Vitamin C, Thiamine and Steroids in Sepsis) is leading the way. The hope is that the treatment will improve patient outcomes by at least 10%. 10% may not sound like much, but it has the potential to save tens of thousands of lives in the U.S. every year, reports NPR.

One of the main causes of sepsis is an untreated wound or infection. In American nursing homes, bed sores that should never occur are happening and then left untreated. This factor raises the risk of sepsis and death from the disease.

While there’s hope for this new treatment, preventing sepsis in many cases is not difficult. For example, in nursing homes, when employers properly train their staff and enforce all the needed protocols for wound care and prevention, sepsis is less likely to occur in these facilities.

As a nursing home abuse trial attorney, I get to see firsthand the devastating results when nursing homes have gaps in the care they provide to their residents. Your mom and dad shouldn’t suffer due to a nursing home’s negligence.

Contact the Dinizulu Law Group, Ltd. to get help. Our nursing home neglect attorneys have over 50 years of combined experience. Our verdicts & settlements have helped many arrive at a place of security and peace of mind. We can be reached at 1 (312) 384-1920, 1 (800) 693-1LAW, or by email. Schedule your free initial consultation now.