Department of Health and Human Services

CHICAGO, IL – Officials of the Illinois Department of Public Health (IDPH) have reported at least 46 people, including residents and staff members, have tested positive for coronavirus at a DuPage county nursing home. This outbreak is the first in a long-term care facility in Illinois. Chicago’s WGN9 reported the first confirmed test of a Willowbrook resident by state health officials.

Within a matter of days, the virus spread to other members at Chateau Nursing and Rehabilitation Center of Willowbrook, a southwestern suburb of Chicago. Forty-six people, thirty-three residents and 13 staff members – have all tested positive for the virus. Other residents are now isolated in another area of the facility as officials expect additional positive tests to come back within the near future.

Mayor Frank Trilla, said, “this could have happened anywhere.”

There haven’t been any unusual incidents at this nursing home before the outbreak, though the mayor noted that nursing homes are regulated by the state and not local government.

Centers for Medicare & Medicaid Services (CMS) established a new set of rules for nursing home facilities beginning on March 13. The critical new measures were designed to reduce the spread of COVID-19. The new set of rules directs facilities to to significantly restrict visitors and nonessential personnel, as well as restrict communal activities inside nursing homes, with exceptions for compassionate care, such as an end-of-life situation. All group activities and communal dining are canceled and be implementing active screening of residents and health care personnel for fever and respiratory symptoms. The only exception is for certain care situations, such as end-of-life situations. The new measures are CMS’s latest action to protect America’s seniors, who are especially vulnerable to contracting COVID-19.

The First Outbreak at a Nursing Home Facility

According to the CDC, seniors with multiple health conditions are at the highest risk for complications. There have been reports of large numbers of cases spreading rapidly through nursing homes, such as the Life Care Center in Kirkland, Washington. The New York Times reported two thirds of residents, 55 employees, and 14 visitors have tested positive for COVID-19. Thirty five people have died, claiming 12 percent of staff and residents lives. These death totals make up nearly half of the coronavirus death toll in Washington. These numbers are expected to increase as tests become more available.

The Life Care Center stated, “Current residents and associates are being monitored closely, specifically for an elevated temperature, cough and/or shortness of breath.”

It’s not clear how the virus reached the facility; however, according to the New York Times the first reported case of coronavirus in the United States was from a man in nearby Snohomish County.

Officials of the Life Care Center, which operates more than 200 facilities in 28 states, are monitoring residents and workers closely.

The Outbreak Continues to Spread

Other than the outbreak in Kirkland, at least 15 others have died and dozens more have been infected at long-term care facilities across the nation. Major outbreaks include Willowbrook, Illinois with 46 infections, four deaths in at least two facilities in New Jersey, 13 infected in Little Rock Arkansas, and 11 infected in Troy, Ohio, with at least 30 more showing symptoms.

“Nursing homes would always have been ground zero, but given we already have a huge staff shortage, this will be magnified,” said, David Grabowski, a Harvard Medical School professor who has studied staffing storages in nursing homes. “It could be worse for today’s nursing home facilities than ever.”

The spread of COVID-19 in a nursing home can amplify when patients are transferred and when staff and visitors come and go. The CDC has said visitors and healthcare personnel are the most likely sources of introduction into long-term care facilities. In a recent report by CDC, the agency went on to say, “Limitations in effective infection control and prevention and staff members working in multiple facilities,” can contribute to an outbreak.

How to Keep Residents Safe

The CDC has made additional recommendations for nursing homes as they work to keep residents safe, including:

Nursing homes should put alcohol-based hand sanitizer with 60-95 percent alcohol in every resident room – both inside and outside the room if possible – and in every common area
Sinks should be well-stocked with soap and paper towels for hand washing
Tissues and facemasks must be available for people who are coughing
Hospital grade disinfectants must be available to allow for frequent cleaning of high-touch surfaces and shared resident equipment

More information on a full list of CDC’s guidance for nursing homes safety can be found here.

Counties in Illinois with Confirmed COVID-19 Cases:

Adams
Christian
Champaign
Clinton
Cook
Cumberland
DeKalb
DuPage
Kane
Kankakee
Kendall
Lake
LaSalle
Madison
McHenry
McLean
Peoria
Sangamon
St. Clair
Washington
Whiteside
Will
Williamson
Winnebago
Woodford

Any nursing home with residents suspected of having COVID-19 should contact their local health department immediately. To remain updated on long-term care and nursing home updates, please visit the CMS website.

Negligence Related to Coronavirus

If a loved one has sustained a serious infectious disease complication or missed a medical treatment provided by a nursing home or the understaffing in facility, we can help you. Please reach out to Dinizulu Law Group, a Chicago-based law firm with extensive experience in nursing home negligence. For a free consultation, please call (312) 384-1920.

CHICAGO, IL – The Centers for Medicare and Medicaid Services (CMS) is responsible for ensuring nursing homes nationwide meet the federal quality standard of care, including residents be free from abuse. CMS has a contract with state agencies that allow citations on nursing homes for any incidents of abuse.

What GAO Found

In June 2019, the U.S. Government Accountability Office (GAO) report found that from 2013 to 2017, nursing home abuse citations more than doubled, increasing from 430 reports in 2013 to 875 in 2017 and the largest increase in severe cases. There are gaps in the oversight that make it difficult to protect residents from the abuse occurring within nursing home facilities.

Specifically, the main concerns by GAO include:

Information on abuse and perpetrator types is not readily available. CMS’s database does not allow the type of abuse or perpetrator to be identified by the agency. Specifically, CMS does not require state agencies to record abuse or perpetrator type, and even when recorded, it cannot be easily analyzed by CMS. GAO suggested that CMS require state agencies to submit data on abuse, perpetrator types, and HHS concurred.
Facility reported incidents lack key information. Federal law requires nursing homes to self-report allegations of abuse and covered individuals to report reasonable suspicions of crimes against residents. CMS has not provided any guidance to nursing homes on what information should be included in facility-reported incidents, which contributes a lack of information to state agencies and delays in on-going investigations.
Gaps exist in the CMS process for state agency referrals to law enforcement. There are gaps in CMS’s process for reporting incidents to law enforcement officials. These gaps may limit or delay CMS’s ability to ensure that nursing homes meet federal requirements to ensure residents are free from abuse. GAO identified issues relating to:
1. Referring abuse to law enforcement in a timely manner,
2. Tracking abuse referrals,
3. Defining what it means to substantiate an allegation of abuse,
4. And sharing information with law enforcement.

Recommendations by GAO for Executive Action

The administrator of CMS should require that abuse and perpetrator type be submitted in CMS’s databases for deficiency, complaint, and facility-reported incident data where CMS can systematically assess trends in these data.
The administrator of CMS should develop and guide – using a standardized form – to all state agencies on the information nursing homes and covered individuals should include on facility-reported incidents.
The administrator of CMS should require state agencies to immediately refer complaints to law enforcement if they have reasonable suspicion that a crime against a resident has been committed when the complaint was received.
The administrator of CMS should conduct oversight of state agencies to ensure referrals of complaints, survey’s, and incidents within a reasonable suspicion be referred to law enforcement in a timely manner.
The administrator of CMS should develop guidance for state agencies clarifying allegations verified by evidence should be substantiated and reported to law enforcement and state registries in cases where federal deficiency may not be appropriate.
The administrator of CMS should provide guidance on what information needs to be contained in the referral of abuse allegations to law enforcement.

Why GAO Conducted this Study

Nationwide, nearly 1.4 million elderly or disabled individuals receive care in more than 15,500 nursing homes. CMS, an agency within the Department of Health and Human Services (HHS), defines the standards nursing homes must meet to participate in the Medicare and Medicaid program.

Often times, nursing home residents have physical or cognitive limitations that can leave them vulnerable to abuse. Abuse of nursing home residents can occur in many forms – including physical, mental, verbal, and sexual – and can be committed by staff, residents, or others in the nursing home. Any incident of abuse is serious and can result in potentially devastating consequences for residents such as mental anguish, serious injury, and even death.

What to do if You Suspect Abuse

You should contact an attorney immediately who is knowledgeable and experienced in nursing home abuse to ensure your loved one’s rights are fully protected. A lawyer may serve as the liaison between your family, the nursing home, and IDPH during the investigation, or can conduct an independent investigation.

An attorney will help assess your options to seek relief through a lawsuit, which can include compensation for any physical, emotional, or financial harm your loved one has endured.

To schedule a free consultation, please contact our office at (312) 384-1920 or (800) 693-1LAW. Please visit our website for any additional information including previous verdicts and settlements.