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Sunday, September 16, 2018
A year-long study conducted by the non-profit research firm, RTI International, found that unlicensed care homes in the US are typical. And even more common is the level of outrageous abuse and exploitation of their residents.
These homes were found to commit crimes against the elderly, the disabled, and those who are mentally ill. The study was released for the Office of Disability, Aging, and Long-Term Care Policy and the Office of the Assistant Secretary for Planning and Evaluation of the U.S. Department of Health and Human Services (HHS).
The report was initiated after reports from the media, first responders, residents, and loved ones were filed regarding the care in these unlicensed homes throughout the country.
Unlicensed care homes are allowed in the United States. They are long-term residential care facilities that have no state license. Not all states require licensing. Instead, they only require licensing based on specific situations.
In Illinois, a care home does not have to have a license until they have three beds. Therefore, a house with fewer beds than this could run a care facility without state licensing.
While there are legitimate, unlicensed care facilities that offer excellent care to residents, most of these tend to operate illegally, which makes it hard for officials to investigate or even track the risks associated with these facilities.
The Ombudsman program has seen increased numbers for complaints when it comes to unlicensed personal care homes. According to these complaints, residents experienced horrible living conditions: some being locked into basements, some being forced to live in unsanitary conditions, and some did not even have access to toilets, food, or water.
Unlicensed care homes do not have the same inspections and regulations as licensed care facilities. Therefore, patients in these homes are at risk for abuse and neglect, including:
Bottom line, when a facility is unlicensed, they are unregulated and many are unknown to the state. Therefore, these facilities are not held accountable for the care they provide, and it is easier for the mistreatment of residents to go unnoticed.
Illinois has over 1,200 long-term care homes in the state serving more than 100,000 residents. These companies offer services for younger individuals with disabilities as well as the elderly. They are all regulated by the Illinois Department of Public Health.
While homes with fewer than three beds do not require licensing, most nursing homes in the state fall into the required license bed count. The health department’s Bureau of Long-Term Care oversees these services and ensures that all nursing homes in the state comply with the Nursing Home Care Act. They also conduct certificate surveys to ensure companies receiving state or federal money for residents abide by all regulations.
You can review a list of all nursing homes registered in the state by visiting the Illinois Department of Public Health’s website search engine.
Finding a nursing home for a loved one should not be a fearful task. You should not have to worry about the care team mistreating your loved one or that they do not receive proper care. Be proactive when selecting a nursing home, and never rely on a visit by itself. Instead, you need to focus on the picture as a whole, including reviews, state registries, and more.
You need to determine what is important to you and your loved one. Do you want a facility that offers social activities along with medical care? Does your loved one need special care, like Alzheimer’s or dementia care? How close in location do you want their residence so that you and other family members can visit frequently?
Write down a list of what you need from the care facility, what your loved one needs, and do not budge from that list while looking. There are more than enough homes out there, and you will find several that suit your loved one’s individual needs without having to compromise.
Long-term based care comes in numerous forms, and the type of care your loved one needs depends on their overall health and care requirements. The options you have available to you here in Illinois include:
You should ask friends, family, and even co-workers if they have done a similar search and where they ended up going. Personal references are the most reliable, and you can ask about their intimate experiences with that particular nursing home, suggestions they have for searching, and more.
Do not forget about your loved one’s physician. They often have references for nursing homes in the area that they have worked with or have patients currently in.
After you have a list of nursing homes that meet your basic criteria, call around and start asking them questions. Ask about how many residents they have currently, what it costs to live there, what insurances they accept, their policies, and anything else you can think of that will help you find the right nursing home.
Furthermore, ask about any waiting lists they might have.
Make plans to physically visit several nursing homes. Bring along a checklist for what to look at while you are there. Some items to include on your checklist are:
Even if you visit the nursing home one day and like it, plan on going back at a completely different time. The more often you visit, the easier it will be to soak up the atmosphere and ensure that the experience is consistent.
While you are visiting, talk to the staff and find out their experience, recommendations, and ask questions you might have about their care or services.
Ask about how long the director has held his or her position, who heads up nursing care, the party that makes the diets and prepares the food, and if they have a social service worker on staff. Ask about physicians that visit or are available 24 hours per day at the facility.
Also, ask about visiting policies, how often and when family members can come, and any social activities they might offer.
When you pick a nursing home, you will sign a contract with that facility. Read the agreement carefully, ask questions about anything you do not understand, or consider hiring an attorney to review the contract for you.
The contract should be in your best interest – not the facilities. Also, review the payment policy and what services your loved one receives in turn for payment.
Any nursing home that accepts funds from the government is required by the Centers for Medicare and Medicaid Services to pass an inspection and carry a certification. If the facility does not pass the review, they have no certification. Ask for their current inspection report and certification before you hire that nursing home.
Whether you use an unlicensed or licensed facility, if you suspect that your loved one’s care is substandard, negligent, or abusive, you must report it right away. Not only should you contact local law enforcement, but you should also submit a complaint to the local Ombudsman program as well.
Then, contact an attorney.
An attorney can help investigate the suspected neglect or abuse and hold that facility accountable for their actions.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
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I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
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I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
- Elvira G.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
- Eugenia Cathery
They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
- Omolewa Snyder
I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
- Trevor Harris
Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
- Vanessa Leon
Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
- Nyah Vuljanic
This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
- Jose Cruz
Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
- Meagan Cruz
- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
- Madissen Miller
Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
- Christina Ocon
Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
- Adriana Martinez
So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!
- Virgil Sanner
I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
- Jazlyn Caraballo
My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
ALL FIELDS REQUIRED
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim