Illinois Injury Attorney Blog

Through their website, Medicare.gov, the Centers for Medicare & Medicaid Services (CMS) and Medicare are now publishing what they describe as Nursing Home Resident Rights.

Per current law, Nursing home residents have certain rights and protections, and all nursing homes are required to provide this list to new residents and publish a copy in their facility.

Some of these resident rights include:

-The right to be treated with dignity and respect.
-The right to be informed in writing about services and fees before you enter the nursing home.
-The right to manage your own money or to choose someone else you trust to do this for you.
-The right to privacy, and to keep and use your personal belongings and property as long as it doesn't interfere with the rights, health, or safety of others.
-The right to be informed about your medical condition, medications, and to see your own doctor. You also have the right to refuse medications and treatments.
-The right to have a choice over your schedule (for example, when you get up and go to sleep), your activities and other preferences that are important to you.
-The right to an environment more like a home that maximizes your comfort and provides you with assistance to be as independent as possible.

Continue reading "CENTERS FOR MEDICARE & MEDICAID SERVICES ISSUES NURSING HOME RESIDENTS' RIGHTS LIST" »

Placing your loved one in a reputable long-term care facility is just the first step in ensuring they are well cared for. Regardless of complaints or sanctions found during state and federal inspections (be they few or many), residential facilities are often understaffed. This fact in concert with the advanced needs of elder patients can create a worrisome environment. As an advocate for your loved one, you've got federal (and sometimes state) law on your side to insist that your relative or friend gets the quality of care they deserve. The Code of Federal Regulations (CFR) and your state law contain many protections.

The following are just a sample from the Code of Federal Regulations:

• Care Plans
Each nursing home resident is entitled to a personalized "care plan," that addresses their respective medical and safety needs. This plan must have an anticipated goal of ensuring a resident/patient maintains their highest practicable physical, mental and psychosocial well-being. Federal law requires that facilities do a full assessment of a resident's condition within 14 days of admission, and at least every 12 months thereafter. A care plan should include measurable objectives and timetables.

• Visiting Hours
In my experience with friends or family members that have loved ones in nursing homes, it is not at all uncommon for facilities to put forth the idea that Family can only visit during visiting hours. Not only is this mendacious, Federal legislation actually specifically prohibits such rules. 42 CFR 483.10(j) allows immediate family the right to visit at any time. In fact, we often advise clients to visit during off-hours so that they can perceive their loved one's environment when staff members aren't expecting visitors.

• Skilled Care or Rehabilitation Services
In the past, we have had clients tell us that their parents' nursing home facility has terminated skilled care or rehab services because their Mom or Dad weren't making progress. Again, however, this is contrary to federal and often times, state law. Assuming that the resident would benefit from such services, a facility is charged with trying to maintain their condition regardless of progress. All facilities are required to make sure that a person's ability to carry out activities of daily living doesn't deteriorate. The only exception would be if the individual's medical condition deteriorates to such an extent that termination of the activity is in their better interest.

• Nutrition and Eating
Feeding tubes may be used only if absolutely necessary. Long-term care facilities are not permitted to utilize them solely to address a resident who eats slowly or needs extra help cutting or eating food. The facility must provide whatever help a resident needs to eat without extrinsic medical involvement such as Gastric or G-Tubes. Feeding tubes should only be placed with qualified physician orders, and where absolutely necessary to maintain health.

Continue reading "FEDERAL AND ILLINOIS NURSING HOME LAWS PLACE POWER IN THE HANDS OF FAMILY MEMBERS" »

The federal government through the CMS (The Centers for Medicare & Medicaid Services) has placed hundreds of nursing homes on a list of long-term care facilities that it wants to improve systemic issues or face expulsion from the Medicaid program.

The watch list is intended to heighten efforts to bring more attention to quality deficiencies at long-term care or nursing home facilities identified on this "special focus facility," or SFF, list.

The pressure is important because Medicaid is a significant payer for long-term care facilities. By utilizing financial leverage, CMS hopes to bring about improvements in operations at poor-quality or high risk nursing homes.

In November of 2007, CMS began highlighting nursing homes with serious quality issues on its Nursing Home Compare Web site.

Continue reading "THE FEDERAL GOVERNMENT PLACES ILLINOIS NURSING HOMES ON THEIR WATCH LIST" »

The CMS and HHS have developed a new Five-Star Rating system that evaluates Nursing Home care.

According to the CMS website, the Five-Star Quality Rating System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions. This rating system is based on continued efforts as a result of the Omnibus Reconciliation Act of 1987 (OBRA '87), a nursing home reform law, and more recent quality improvement campaigns such as the Advancing Excellence in America’s Nursing Homes, a coalition of consumers, health care providers, and nursing home professionals.

Nursing home ratings are taken from the following three sources of data:

Health Inspections
Staffing
Quality Measures

More stars are better.

***** Much Above Avg.
**** Above Avg.
*** Average
** Below Avg.
* Much Below Avg.

Currently, 792 Illinois Nursing Homes have been evaluated under the system and can be researched on the CMS Website.

Continue reading "CMS ISSUES NEW FIVE STAR RATING TO ASSIST ILLINOIS FAMILIES IN FINDING QUALITY NURSING HOMES AND REDUCE NEGLECT" »

An Indiana Nursing home resident, Rodney Kenney, died after catching fire while sitting in his wheelchair at Regency Place, a Dyer, Indiana, Lake County, nursing home. Rodney Kenney, 72, died at a Chicago hospital where he was treated for burns. State Inspectors say the Alzheimer's patient was severely burned when his clothing caught fire as he sat in a wheel chair. Authorities say they found a cigarette lighter near Kenney, but that he was not a smoker. In fact, state law prohibits smoking in nursing homes and patients are not allowed to possess smoking materials.

Continue reading "NURSING HOME RESIDENT TREATED AT CHICAGO HOSPITAL FOR FATAL INJURIES AFTER CATCHING FIRE AT AN INDIANA LONG TERM FACILITY" »