You can also talk with the Ombudsman at the facility.  Every facility has an ombudsman who acts as an advocate for the resident.  The Ombudsman is not employed by the nursing home; he or she is employed by the State or County.  Find out who the Ombudsman is at the facility in which your loved one lives.  You can call and ask.  Or, it should be posted.  An Ombudsman may be able to help immediately with problems like the resident is not being fed or is having clothes or other personal items stolen.  The Ombudsman may even be able to help stop abuse or neglect.  Find out who the Ombudsman at the facility is.  He or she can help.

Until recently, a plaintiff could successfully argue that an Arbitration Provision was unenforceable – that a plaintiff in a nursing home case was entitled to a jury trial.  The Supreme Court of Illinois, in Carter v. SSC Odin Operating Company, LLC, 2012 IL 113204, however, decided that such a provision was enforceable.

So, what can you do?  Look carefully at the contract.  You can ask that this Arbitration Provision be removed.  Be sure it is before you sign on behalf of your loved one.

In the past, the family usually had to open an estate in order to obtain these records. This was costly and time consuming.

S.B. 1694 allows you or your attorney to more quickly and easily obtain the necessary records.  This, in turn, will allow the attorney and you to determine what your rights and options are more quickly than before.

Click here to see the entire bill.

One source to answer these questions and others for is medicare.gov. This website has information about different nursing homes in your area. Here you can pick the area where you want your loved one to live and compare different homes. After you open the website, go to “Resource Locator” and click on “Nursing Home Compare.” This will compare the homes based on a 1-5 star system, which measures overall rating, health inspections, nursing home staffing, and quality control measures. It will also tell you program participation (Medicare/Medicaid), number of certified beds, and type of ownership (profit/non profit).

Another way to pick the right nursing home is to ask the administrator of the home for surveys from the past few years.  These surveys come from the Illinois Department of Public Health. They make sure the facilities comply with the Federal laws set up for Medicare/Medicaid reimbursement. If the administrator refuses to let you see these surveys, chances are the home did not fare well on them. In that case, it may be a good idea to continue looking for a different nursing home.

The Supreme Court of Illinois found in Carter v. SSC Odin Operating Company, LLC arbitration agreements may be enforceable;  anti-waiver provisions do not defeat them.

The Supreme Court has sent the case back to the appellate court with instructions to consider other arguments against arbitration.

To learn more about arbitration clauses in nursing home contracts, go to http://www.isba.org/sections/healthcare/newsletter/2010/12/arbitrationclausesinnursinghomecontractsfaapreempts

The Centers for Medicare & Medicaid Services evaluated all nursing homes in the United States that receives Medicare or Medicaid payments for nursing home care. There are about 15,800 such nursing homes in the United States, 792 in Illinois.

The homes were evaluated based on:  1) Nursing home inspections conducted by state departments, like the Illinois Department of Public Health; 2) Staffing in the homes; 3) and, Quality Measures. Scoring is based on a five star quality rating, one star representing “much below average” care and five stars representing “much above average” care.

After the family has decided to place a loved one in a nursing home, it is critical that the family do as much as possible to choose the right one. This tool, which can be found at http://www.medicare.gov, can provide the family with useful information.

This information, however, will not guarantee what type of care the loved one will receive in the nursing home. Therefore, it is important that the family or close friend monitor the care being given to the loved one after he or she is placed in the facility. This can be done, for example, by checking in at different times of the day; regular communication with the attending physician; or, developing a relationship with a nurse’s aide who regularly provides care to the resident.

Even families and close friends who keep close track of the care being given to their loved one cannot know everything that goes on. It is important to take immediate action if abuse or neglect is suspected. This may be as simple as contacting the Ombudsman for the nursing home if the problem is simple and isolated, such as theft of clothing or valuables. On the other hand, in cases of severe abuse or neglect like pressure ulcers, falls, medication errors, or physical abuse, the family should strongly consider contacting a lawyer who specializes in nursing home cases.

This family should use this tool offered by the Federal Government in evaluating nursing homes. As all families know, though, the job is not over after placement and it is important to stay vigilant and ready to act if there are signs of abuse or neglect.

The workgroup conducted surveys and interviews and found that some nursing home residents feared the potential of retaliation just as much as the act of retaliation itself. According to the study, just the decision to report the retaliation can cause feelings of “hopelessness and despair.” This is the last thing we want our loved ones to fear. A scary statistic posted by the workgroup was that almost 25% of nursing home residents fear retaliation if they were to report an incident of neglect or abuse. Some forms of retaliation may include bathroom usage, withholding food and water, and difficulty getting medications. The staff performing the retaliation is quite literally bullying the resident. This is clearly stepping over nursing home residents’ rights. Your Ombudsman can empower you.

A Nursing Home Ombudsman advocates for good individualized care for the nursing home resident. An ombudsman receives, investigates and resolves complaints on behalf of nursing home residents and their families.
The ombudsman is there for you and will listen to resident and family concerns. They keep all information confidential and seek to resolve problems with the facility.

Here are some resources that may help you or a loved one:

Sally Petrone
State Long-Term Care Ombudsman
sally.petrone@illinois.gov
217-785-3143

Jessica Belsly
LTC Ombudsman Specialist
jessica.belsly@illinois.gov

Illinois Department on Aging
One Natural Resources Way, Suite 100
Springfield, IL 62702-1271
Fax: 217-524-9644

Illinois Department of Aging Senior HelpLine:
1-800-252-8966, 1-888-206-1327 (TTY)