Nursing home abuse

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Nursing Homes Ban Visitors due to Coronavirus

March 12, 2020/in Blog/by Yao Dinizulu

Nursing Homes Ban Visitors due to Coronavirus

CHICAGO, IL – Nursing homes have become islands of isolation amid the shocking morality rate of coronavirus. Nursing homes nationwide have become concerned about outside visitors visiting residents which has led to the barring of all visitors – adult children can talk to their parents through a glass door just as jailhouse visitors due.

As of Wednesday, there are more than 1,311 cases confirmed in the U.S., according to state and local health agencies, governments, and the Center for Disease Control and Prevention (CDC).

Nursing homes are locking down in hopes to protect some of the nation’s most vulnerable residents from being affected by the coronavirus. Thousands of nursing homes and assisted living facilities across the country are taking extra precautions. Many families are debating whether to move their loved ones out of these facilities all together and care for them at home.

On Tuesday, industry leaders recommended curtailing visits, calling this challenge “one of the most significant, if not the most significant” issues the industry has ever faced, according to the American Association of Retired Persons (AARP).

The highly contagious disease puts the elderly and those who suffer from underlying health conditions such as respiratory distress at high risk, alarming businesses, schools, and health agencies. Guidance from the Centers for Medicare & Medicaid Services (CMS), the American Health Care Association (AHCA), and the Illinois Department of Health (IDPH), and the Illinois Health Care Association is rapidly increasing for these facilities.

Hospital Policies and Procedures for COVID-19

Because of ease of spread in a long-term care setting and the severity of illness that occurs in residents with COVID-19, facilities are discouraging visitation and have the ability to screen visitors before COVID-19 is identified in their community.

Facilities are responsible for sending letters or emails to resident’s family members, advising them to consider postponing

Who is at Higher Risk?

From earlier information gathering from China where COVID-19 originated from, those who are higher risk of getting sick from this illness includes:

Older adults
People who suffer from serious chronic medical conditions, such as:
- Heart disease
- Diabetes
- Lung disease

Depending on how severe the outbreak is in your community, public health officials will make recommendations to the community to reduce the public’s risk of being exposed to COVID-19. These actions can stunt or reduce the impact of spreading the disease.

If you are at a high risk because of your age or serious long-term health problem, it’s crucial to take extra precautions to reduce your risk of getting sick.

How to Prepare for COVID-19 Now

According to the CDC, there are several ways you can make yourself prepared in case of an outbreak in your community.

Have supplies on hand
- Contact your health provider to ask about obtaining extra necessary medications to have on hand in case of an outbreak in your community in the event that you need to stay at home for an extended period of time.
- If you’re unable to get extra medication, consider using mail-orders.
- Ensure that you have extra over-the-medicine and medical supplies such as tissues, thermometers, etc. to treat fevers and other symptoms. Most people will recover at home.
- Have enough household items and groceries to be prepared for staying at home for a period of time.
Take precaution
- Avoid close contact with anyone who is sick.
- Take preventable action:
  - Wash your hands often using soap and water for at least 20 seconds. This is critical, especially after blowing your nose, sneezing or coughing in a public place.
  - If soap and water is unavailable, use hand sanitizer.
  - Avoid touching surfaces in public places – elevator buttons, door handles, handrails, and shaking hands with others.
  - Wash your hands immediately after touching a surface in public.
  - Practice routine cleaning of frequently touched surfaces, such as tables, doorknobs, light switches, handles, desks, and toilets.
  - Avoid large crowds, especially in poorly ventilated spaces. Your risk of exposure can increase substantially in a crowded area, especially those with little to no air-movement, increasing your chance of contracting COVID-19.
  - Avoid all non-essential travel including traveling by plane or embarking on a cruise ships.
- If there is an outbreak of COVID-19 in your community, it’s important to take extra measures to distance yourself from others to reduce your risk of being exposed to this virus.
  - Stay at home as much as possible.
    - Consider ways of food being delivered to your house, through the use of family, or social and commercial networks.

Watch for Symptoms and Emergency Warning Signs

It’s important to pay attention to warning signs of potential COVID-19 symptoms including fever, cough, and shortness of breath. If you feel like you are developing symptoms, call your physician immediately.
If you develop emergency warning signs for COVID-19, please seek medical attention immediately. Adult emergency warning signs include:
- Difficulty breathing or a shortness of breath
- Persistent pain or pressure in the chest
- New confusion
- Bluish-tinted lips or face

It’s important to note that these are not all warning symptoms of COVID-19. Please consult a medical provider for other symptoms that are severe or concerning.

What to Do if You Get Sick

Stay at home and call your healthcare provider.
Call your healthcare provider and let them know the symptoms you are experiencing. This will help them take care of you and keep others from getting infected or exposed.
If you are not sick enough to be hospitalized, you are able to recover from home.
Know when to get emergency help.
Get medical attention immediately if you have any of the warning signs listed.

How to Support Older Adults

Community Support

Communities should prepare for an outbreak of COVID-19 that include older adults and people with disabilities, and the organizations that support them, to ensure their needs are being taken into consideration. Many individuals in the community depend on services and support in their homes or in the community to maintain their independence and health. Long-term care facilities should be vigilant to prevent the introduction or spread of COVID-19.

Family and Caregiver Support

Know what medications your loved one is taking and make sure to have extra on hand. Monitor food and other medical supplies, such as oxygen, dialysis, wound care, etc. and always be sure to have a back-up plan. Stock up on non-perishable food items to minimize your number of trips to the store. If you care for a loved one living in a care facility, monitor the situation, ask about the health of other residents and know the protocol in the event there is an outbreak.

For more information on how to protect your loved one who is in a long-term care facility or assisted living facility, please visit CDC’s website on ways to take more precaution. If your loved one has sustained a serious infectious disease complication resulting from negligent or missed medical treatment provided by a nursing home or due to a low level of staff care, they may be entitled to compensation. Please reach out to Dinizulu Law group now for a free consultation at (312) 384-1920.

The Severity of Medication Errors

November 20, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Medication errors are one of the most prevalent problems in the healthcare industry. Experts estimate that more than 7 million Americans experience a medication error each year. In the study, it stated mistakes have cost more than $21 billion – which are all preventable. Some individuals are able to handle the unintentional consequences of improper medication administration, but for seniors and young children, this can be life threatening.

Medication errors are particularly found in nursing homes due to under-staffing. Many say that errors are common and not life-threatening; however, there are errors that are likely to be under-reported which the medical coding system makes easy to cover up error-related deaths. The Centers for Disease Control and Prevention (CDC) argues medication errors are the third most common cause of death among nursing home patients.

So what does this say about nursing homes? Extensive investigations have taken place and research has shown as many as 95 percent of nursing homes in the United States are understaffed, causing neglect to most patients. Nursing home staff is expected to work longer hours and care for double, or even triple, the amount of residents they are normally expected to care for.

Types of Errors

The Nursing Home Law Center requires skilled nursing facilities to keep errors within a 5 percent margin. Although this margin is broadly defined, it includes errors such as not mixing medication as directed, giving medications at improper times, or not dosing the last small portion of medication.

Errors within this 5 percent margin do not impact licensing because these types of administration errors are likely to be made at home when self-administering, as well. More serious errors can lead to tremor, coma, or even death – resulting in legal action against nursing facilities.

Prevention Process

Nursing homes must begin to increase staffing levels exponentially and invest in better prevention practices to help prevent nursing home abuse. Nursing facilities are chronically understaffed due to the notorious low-paid and poor management resulting in high turnover rates. High turnover rates cause staff to be unfamiliar with patients needs and care regiments, and are more likely to make mistakes.

Nursing homes need to implement a medication reconciliation program that evaluates a complete list of medications used by each patient. These programs are critical as many patients will not be able to independently which is used to verify their course of treatment.

Finally, nursing homes need to minimize high-risk behaviors, such as disposing of discontinued medications or medications from discharged patients, improperly transporting medications, or administering medications without a full review of the label directions.

As a society, we must come together to protect nursing home residents who are some of the most vulnerable members of our society. They deserve to be treated fairly and just with careful and appropriate treatment. This is critical on management as they will need to be client-focused and to implement changes immediately by taking responsibilities more serious.

The Alarming Reality

For one family, their loss of a loved one was tragic and very much preventable. A recently widowed 71-year-old female was hospitalized for uncontrolled hypertension and acute kidney injury. Her past medical history was significant for coronary heart disease with hypertension, persevered ejection fraction, and type 2 diabetes. The patient had a history of being a cigarette smoker and was under significant stress due to the death of her husband.

During her stay of hospitalization, she clinically improved after receiving temporary hemodialysis and her anti-hypertensive medications were adjusted. At the time of discharge, her prescription medications included amlodipine (Norvasc) 10mg twice daily with two refills allowed, metoprolol 50mg twice daily, doxazosin 2mg daily, and torsemide 10mg daily.

Over the course of 3 months, she experienced worsening fatigue, personality changes, became lethargic, and slower movements – all of which was noted in medical records. Her blood pressure was no longer controlled, and she was re-hospitalized for chest pain and underwent angioplasty. When admitted to the hospital, she saw multiple specialists and ancillary staff. As an outpatient, she was seen by her family physician twice. After several weeks had passed, she was eventually diagnosed with anxiety and depression, and prescribed citalopram and alprazolam.

The patient then entered the emergency room for a third time after a fall. She demonstrated several side effects of the multiple medications she was prescribed to take. Lab work was conducted and was noted for elevated creatinine and a CT of the head and brain revealed no acute abnormalities. Admission medication reconciliation (MED REC) revealed she was taking metoprolol, doxazosin, alprazolam, citalopram, and thiothixene (Navane) 10 mg twice daily.

Upon review of her pill bottles, it was found that her outpatient pharmacy accidentally dispensed Navane, an anti-psychotic, instead of Norvasc, and she took this medication religiously for 3 months. A diagnosis of thiothixene-related drug-induced Parkinsonism was made.

Errors were made at a multitude of care levels, including prescribing, initial pharmacy dispensation hospitalization, and subsequent outpatient follow-up. Adverse drug events account for more than 3.5 million physician office visits and nearly 1 million emergency department visits per year that affects patients, providers, and the economy.

Despite the countless opportunities for intervention, multiple health care providers overlooked her symptoms. Our population is continually growing with a longer life-expectancy, the frequent occurrence of medication errors and polypharamacy will likely increase. Efforts must be made to improve overall physician communication and transition of care to decrease preventable errors.

What to do if Your Loved One has been Neglected or Abused in a Nursing Home

It’s important to reach out to an experienced nursing home abuse attorney immediately to begin reviewing the facts of your case. In the case discussed, the woman is entitled to legal action against the hospital, providers, and specific staff members who neglected her, among others. Due to the statue of limitations, an attorney must begin to work on your case immediately.

Do not wait to hear what the facility is going to do going forward to address this issue – contact an attorney right away. The attorney’s at Dinizulu Law Group specialize in nursing home abuse and neglect and use their experience with a dynamic and honest approach so appropriate parties are held accountable for the abuse your loved one has endured. Please call our office to schedule a free consultation. For additional information, please visit our website.

Contact Information:

(312) 384-1920

221 N. LaSalle St., Suite 1100
Chicago, IL 60601

CMS Adds New Transparency on Nursing Home Abuse

October 23, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – The Centers for Medicare & Medicaid Services (CMS) announced that it will now be easier for the public to find nursing homes that have violated rules regarding abuse, neglect, or exploitation beginning today, October 23, 2019.

The agency’s Nursing Home Compare website provides detailed information about every Medicare and Medicaid-certified nursing home nationwide. The tool allows you to search by location and/or nursing home names. There is now an icon next to the nursing homes that have been cited reported violations.

Consumers are able to see violations through the inspection reports provided on the website; however, CMS stated that inspection reports are becoming too difficult to access and adding the icon feature will make it easier to find information about abuse citations. The icon warns consumers about the harmful abuse of a resident within the last year, and the potentially harmful abuse of a resident within the last two years. CMS will be updating data information monthly.

In April, CMS announced they were adding improvements to the State Performance Standards System (SPSS) including ending the freeze on the health inspection domain of the Five Star Quality Rating System by resuming traditional methods of calculating health inspection scores by using three cycles of inspections. They will be adding the long-stay hospitalization measure and a measure of long-stay emergency department transfers to the rating system. CMS will also be adjusting the thresholds for staffing ratings. Finally, the threshold for the ‘number of days without a registered nurse onsite’ which will trigger an automatic downgrade to one star will be reduced from seven to four days.

CMS Administrator Seema Verma said, “By holding inspectors accountable for conducting timely and consistent inspections, we’re holding nursing homes accountable for providing safe, high-quality care–helping ensure safe nursing home environments.”

CMS hopes to become more consistent and transparent, requiring hospitals to post their list prices for consumers and force them to post their payer-negotiated rates starting in January 2020. The U.S. Department of Health and Human Services (HHS) and Congress are thinking of ways to force drug companies to disclose to consumers the real cost of drugs. The measure, passed in May, was intended for healthcare consumers with price transparency for prescription medications to help lower prescription costs.

According to the Nursing Home Abuse Center, nearly 1-2 million U.S. citizens 65 years or older have been mistreated, exploited, or injured by a caregiver. Only about 20 percent of cases or abuse and neglect are reported. If you’re looking to place a loved one in a nursing home facility, it’s important to do your research before placing them in one. Now that CMC has provided consumers with nursing homes that have been cited for abuse, neglect, and exploitation, it will be much easier to assess facility’s that will be better suited for your loved one.

If you think you or a loved one has experienced abuse, neglect, or been exploited while at the hands of a caregiver, please call one of our experienced nursing home abuse attorney’s right away to schedule a free consultation. Do not wait to hear what the facility is going to do going forward to address this issue. Due to the statue of limitations, we will have to begin working on your case right away. For any additional information, please check out our website.

Phone: (312) 384-1920

Address:
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

Report Claims Nursing Home Kitchen’s “Horrible,” Endangering Residents Nationwide

October 10, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Nursing home facilities are now being investigated nationwide after an extensive investigation on nursing home kitchen’s are in “horrible” condition, leaving residents endangered. You may hear horror stories of elder abuse and neglect in facilities such as bedsores, bed bugs, or over-medicating residents, but food handling remains a consistent and overlooked hazard.

A five month extensive study was conducted by FairWarning, a non-profit organization that focuses on the public’s health, consumer, and environmental issues. FairWarning’s investigation is based on inspection reports, federal data, and interviews with residents and caretakers showed that residents nationwide are at-risk for foodborne illnesses due to unsafe and unsanitary kitchens.

Foodborne illnesses are a threat to any age group; however, people over 65 are especially susceptible due to weaker immune systems, chronic diseases, immobility, and any age-related changes in their digestive system. The most common incident’s that were not logged in any restaurant inspector’s notebook include: flies buzzing around food, cockroaches in the kitchen, moldy ice cream machines, debris stuck to food handling items, and mouse droppings across the top of the stove.

From 1998 to 2017, 230 foodborne illness outbreaks were reported by the Centers for Disease Control and Prevention. The outbreaks caused 54 deaths and 532 hospitalizations, and further sickening 7,648 people.

Not all cases were brought on by poor sanitation – some outbreaks were the result of contaminated food brought into facilities from the outside. Investigators reported that in one facility, the kitchen staff failed to check the sanitizer levels in the dishwasher and didn’t realize the injector was clogged. The facility’s administrator had no comment.

“There’s a huge under-reporting of food issues,” said Charlene Harrington, a nurse and professor at University of California, a researcher of nursing home quality.

Dangerous and Unsafe Food Handling

In Illinois, all workers in a restaurant and non-restaurant food establishment is required to have a Food Handler’s Safety Card, a certification that shows you know how to prepare, store or serve food, handle food equipment and utensils, or food-contact surfaces. All employees are required to obtain their Food Handler’s Card within the first 30 days of hire.

Food handling is the third most frequently cited violation in America’s estimated 15,700 nursing homes, behind infection control and accidents, according to the Centers for Medicare & Medicaid Services. These figures do not include assisted living, who create their own standards and have nearly no data collection nationwide.

Feds Propose Rollback

Thirty-three percent of nursing homes were cited for violating federal requirements to safely store, prepare and serve food. Genesis HealthCare, the nation’s largest for-profit nursing home chain with 400 facilities in 27 states, has more than 43 percent of nursing homes cited for food safety lapses last year.

A CDC spokesperson stated that the agency relies on voluntary reporting of foodborne illness from state, local, and territorial health departments, some of which have limited to no resources or training. Many illnesses go under-reported due to sick individuals not seeking medical care or a diagnosis.

In July, the Trump Administration proposed lower qualifications for directors of food and nutrition services, weakening the standards of an already broken system.

“They’re clearly weakening the standards regarding food service and the safety of food handling,” said Richard Mollot, executive director of New York’s Long Term Care Community Coalition.

Reoccurrences

Many of the same nursing homes are breaking standards of food repeatedly by skimping on resident’s dietary needs to increase profit. Since January 2016, nearly a third of nursing homes that were cited two or more times had the same food safety violation, according to the FairWarning report.

The report claims one Arkansas facility was written up seven times in the last three years, including “unsealed foods in storage, grimy kitchen appliances and staff with unwashed hands touching residents’ food,” inspection reports show. When the nursing home was cited the sixth time in July 2018, a government inspector asked the nursing director if she would eat the food that was being prepared in the facilities kitchen.

“No,” the nurse responded, according to the report.

Lack of Assisted Living Supervision

Assisted living facilities lack federal oversight, which food safety experts stated it could be a much worse living situation for residents. Audrey Kelly of Los Angeles said she quickly moved her 98-year-old mother out of a six-person assisted living facility this year after finding cockroaches in the kitchen.

“It’s not right. It’s really, really disgusting,” Kelly said.

Her mother, Sally, uses a wheelchair after suffering from multiple strokes, became ill after her stay at Toluca Lake Manor Senior Assisted Living in Sherman Oaks, California. She was suffering from stomach cramps and diarrhea.

In another assisted living facility, a Georgia woman who pays thousands of dollars a month, stated she has experience several food- related illnesses that confined her to her bed. She mentions the moldy cheese and lettuce that was being served at the salad bar.

Contact an Experience Nursing Home Abuse and Neglect Attorney

Within the coming weeks, we are sure to hear more information regarding food safety and standards in nursing homes and more people will speak out on their experience now that light is being shed on this. It’s important to contact an experienced nursing home abuse and neglect attorney as soon as possible rather than wait to see what the facility will do to change the problem – if they ever do.

Our attorney’s work diligently towards getting your loved one out of harm’s way and getting the justice they deserve. Due to the statue of limitations, we will need to begin to work on your case right away due to the time sensitive manner.

Please contact our office at (312) 384-1920 for a free consultation, or by visiting our website.

Contact:

221 N. LaSalle St., Suite 1100
Chicago, IL 60601

www.dinizululawgroup.com

How Can I Tell If My Loved One is Being Neglected or Abused?

September 16, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Abuse and neglect in nursing homes remains under-reported in the United States according to a report released by the Department of Health and Human Service’s Office. Many nursing homes frequently fail to report abuse to the Centers for Medicare and Medicaid Services (CMS), or to local law enforcement.

Elder abuse is the physical abuse, emotional abuse, sexual abuse, financial exploitation, abandonment or neglect. Often times the victim knows the perpetrators – they are often family members, such as children or spouses, and care givers in nursing homes and assisted living facilities. Illinois has more nursing home abuse cases than any other state. The Illinois Department of Aging’s Annual Report (2017) stated there were 16,507 reports of abuse, neglect and financial exploitation. Nearly 74 percent of abusers were the child, spouse, or relative and many times experience more than one form of abuse.

How Can I Tell if My Loved One is Experiencing Neglect or Abuse in a Nursing Home?

There are many warning signs to look for in your loved one while visiting them at a nursing home, or any other facility. Common signs of abuse include:

Signs of malnutrition and dehydration
Unexplained bedsores, bruises, or lacerations
Broken bones or fractures
Rapid weight gain or loss
Sudden change in mood and behavior
Torn or bloody clothes
Sexually transmitted diseases
Signs of depression, confusion, and loss of interest in things they once enjoyed
Missing or broken eyeglasses, hearing aids, etc.
Unsanitary conditions
Understaffed and hostile employees
Improper medication, or overly medicated

How Can I Tell How Many Deficiencies a Nursing Home Has?

Pro Publica is a great search engine tool you can use to compare nursing homes based on deficiencies cited by regulators within the last three years. You’re able to search using a keyword, city, or nursing home name and search by state and severities.

Once you hit search and your results pop up, you’re able to see the nursing home, the date, city and state, how many deficiencies were reported, the severity range, and the actual report and nursing home information. It’s important to note that the number and severity relates to the search terms, and not necessarily all deficiencies against the nursing home facility.

How Can I Tell if a Nursing Home is Reputable?

Start by doing a lot of research – read reviews and look up deficiencies of nursing home facilities. You want to ensure your putting your loved one in the right hands, so many factors must be accounted for. The location of a nursing home, their visiting policies, and the patient-to-staff ratio are all things to consider. When visiting the nursing home, it’s important to note the appearance of the facility and residents and how the facility is ran overall. The friendliness and helpfulness of the staff, sleeping accommodations, and daily activities may contribute towards your decision. In addition, the dining facility and meal options, and health care issues should be inquired about.

What Damages Can be Recovered?

If your loved one has experienced neglect or abuse while at the hands of a caregiver in a nursing facility, you may be entitled to collect compensation for:

Emotional distress, loss of quality of life, and pain and suffering
Past and future medical expenses
Physical impairment for disability for injuries caused by staff negligence
Other out-of-pocket expenses

Who is More Susceptible to Being Neglect or Abused?

67 percent of victims are female, while 33 percent are male; however, 49 percent of abusers are male and 51 percent are female. One in five victims are 86 or older and suffer from some sort of barrier. 35 percent of reported cases of abuse were from social workers or medical personnel, while family members contributed for 16 percent of reports, followed by victims self-reporting in only 8 percent of cases.

What to do if My Loved One is Being Neglected or Abused in a Nursing Home Facility?

It’s important to bring any concerns of neglect or abuse to the nursing home facility, in addition to law enforcement. Our experienced nursing home abuse attorney’s will help you recover from abuse and neglect – we work for you and your loved one to get the reimbursement you deserve. Please call (312) 384-1920 to schedule a free, confidential consultation. Due to the statue of limitations, we must begin to work on your case right away.

Dinizulu Law Group, Ltd.
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

Pritzker Creates Elder Abuse Task Force

August 19, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – The Department on Aging is responding to more than 20,000 reports of elder abuse that has occurred within the last year. Last Monday, Governor J.B. Pritzker created a 22-member Elder Abuse Task Force to further investigate current practices and raise the publics’ awareness of elderly abuse.

The newly-created task force was created through Senate Joint Resolution 13 and passed both houses unanimously. The Elder Abuse Task Force is staffed with legislators, agency heads, and elder abuse experts which range from state directors at AARP Illinois to an Illinois State Police captain.

The task force will analyze the effectiveness of elder protective services in Illinois and other states to develop a long-term plan to combat elder abuse in Illinois. Pritzker will be presented all findings and recommendations by January 1, 2021.

“One case of elder abuse would be too many,” Pritzker said. “But 20,000 annually is unacceptable. We need to tackle this head on.”

Paula Basta, the director of the Illinois Department of Aging, mentioned the reports of abuse included adults over the age of 60 and older and people 18 to 59 with a disability. She made note that abuse comes in many forms – it’s not limited to simply physical abuse, but furthermore passive neglect, financial exploitation, emotional and verbal abuse, among many more. In many cases, an elder is experiencing more than one form of abuse.

According to The Telegraph, the task force is staffed includes:

Katie Stuart – 112^th District Legislator
State Sen. Rachelle Crowe
Kristopher Tharp – Lieutenant, Madison County Sheriff’s Office
Tonya Genoese – Assistant State’s Attorney, Madison Country State’s Attorney Office
State Sen. Craig Wilcox
Debbie Verschelde – Executive Director, Aging Care Connections
Lori Hendren – Associate State Director, AARP Illinois
Dawn Wells – RN, Area Manager, Illinois Department of Healthcare and Family Services
Aimee Isham – Bureau Chief for Long Term Care, Illinois Department of Public Health
Paul Isaac – Senior Advisor to the Secretary, Illinois Department of Financial and Professional Regulation
Gene Seaman – Human Rights Authority Supervising Manager, Illinois Guardianship and Advocacy Commission

If you suspect a loved one is suffering from elder abuse, please contact Dinizulu Law Group, Ltd right away. Our experienced attorney’s work diligently until your case is resolved and your loved one is out of harm’s way. Please call our office at (312) 384-1920 or visit our website for more information.

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.

Chicago Nursing Home Facing Allegations of Nursing Home Neglect

June 6, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Mayfield Care Center, a nursing home in Chicago, is facing allegations of nursing home neglect. Due to a staff shortage, residents have been left neglected and been living in poor living conditions.

According to CBS, Stan McKinney and his sister Geraldine believe Mayfield Care Center contributed to the death of their mother, Dorothy. This isn’t the first time Mayfield Care Center has been put into question. Stan McKinney recalled the times he would visit his mother and stated, “It was just the smell of death. It was gross neglect. I’ve gone when she was just on a mattress. There was no linen.”

Geraldine McKinney witnessed on multiple different occasions her mother being nude walking around on the floor she resided on. The McKinney’s wrote letters to Mayfield’s managers detailing what they witnessed and the neglect their mother was receiving. Dorothy McKinney passed away in 2017 from a staph infection after being neglected and suffering from severe bed sores.

Staff shortage has caused employees to be responsible for 40 residents, sometimes up to 70 leading to residents receiving improper care and neglect.

Mayfield Care Center has been sued nearly 50 times with most cases ending in settlements. According to the Illinois Department of Professional Regulations, Mayfield has been cited for insufficient nursing staff and has been investigated for several complaints but cited for none.

Studies conducted by the National Council on Aging estimate every 1 in 10 Americans over the age of 60 have experienced some form of elder abuse. There is 1-2 million cases of elder abuse per year; only 1 in 14 cases of abuse are reported to authorities.

Elder abuse includes physical abuse, emotional abuse, sexual abuse, exploitation, neglect and abandonment. The National Council of Aging (2018) suggested the most common warning signs of elder abuse, (but are not limited to):

Physical abuse: bruises, broken bones, abrasions, burns
Emotional abuse: unusual depression, strained relationships, withdrawal from normal activity, sudden change in alertness
Financial abuse and exploitation: sudden changes in financial situation
Neglect: bedsores, weight loss, poor hygiene, unattended medical needs
Verbal abuse: threats, use of power to control individuals

If you suspect a loved one is suffering from elder abuse in a nursing home or other long-term care facility, please contact Dinizulu Law Group immediately. We take allegations very seriously, and will work diligently until your case is resolved and your loved one is out of harm’s way. Please call us at (312) 384-1920 or visit our website for more information.

Nursing Home Neglect: “Granny Cams” in Long-Term Facilities

May 30, 2019/in Blog, Elder abuse/by Yao Dinizulu

CHICAGO, IL – Nursing home abuse is a serious issue that as many as 10 percent of seniors reported experiencing according to the National Center on Elder Abuse. As staff members work longer hours and are understaffed, stressful situations arise and begin to take a toll on nursing home staff often leading to neglecting or even abusing patients.

Having the ability to monitor your loved ones gives family members a peace-of-mind and allows the ability to keep an eye on caregivers; in addition, it can be helpful for family members to observe if caregivers are using improper techniques that may injure a patient or serve as evidence if abuse is found.

As more states are beginning to pass legislation to govern the use of cameras in long-term care facilities, otherwise known as “granny cams,” it is important to note there can be requirements when using the camera. Louisiana is the last state to pass this legislation preceding Illinois, New Mexico, Oklahoma, Texas and Washington, if both the resident and roommate have consented. Each state law differs from the next addressing concerns of consent, notice requirements, assumption of costs, penalties for obstructing or tampering with the camera, and access to recordings.

Some nursing homes may have requirements due to the language in their admission contracts. For example, Utah permits cameras in assisted living facilities while New Jersey doesn’t have a law specifically allowing the use of recording cameras; however, has a program that lends cameras to families who suspect abuse or neglect.

If you suspect abuse or neglect, get help immediately. If your state does not have a law or rules regarding the use of cameras in long-term care facilities, or if you have questions about their use, you should consult an attorney to discuss your rights and options.