Nursing Home Abuse – Woman, 91, Terrorized [VIDEO] – Conditions at Nursing Homes and Oversight

 

The following is a review of the Abington of Glenview Nursing Facility:

abington of Glenview reviews

Family sues Glenview nursing home over video of aides taunting woman, 91, with dementia; aides charged and fired

GLENVIEW, Ill. (WLS) — Two nursing home aides in north suburban Glenview have been fired and charged after a Snapchat video showed them taunting a 91-year-old woman with dementia.

Margaret Collins’ family is outraged, and taking legal action. The family’s lawsuit seeks more than $1 million in damages and alleges the nursing home, despite that video, turned a blind eye.

In the video Collins appears to be in distress, arms flailing as she pushes away a hospital gown.

“She’s waving her arms because of one reason. She doesn’t have mobility to get away. That’s the only option she has to protect herself,” said Tom Collins, her son.

Collins’ family said the great grandmother has dementia, and was known by workers at the Abington nursing home of Glenview to dislike hospital gowns.

The video of the encounter, four days before Christmas, was posted to Snapchat with the caption “Margaret hates gowns” and two laughing face emojis.

“You’re just like, this is somebody’s sick idea of entertainment?” said Joan Biebel, daughter.

The family is now suing the Abington and the two nursing assistants, Brayan Cortez and Jamie Montesa. Cortez and Montesa are also charged with misdemeanor disorderly conduct.

“Margaret’s privacy was clearly violated,” said John Perconti, attorney for the family. “They had no right to have cell phones in there.”

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The Abuse and Neglect of the Elderly in Nursing Facilities – Failure to Report and Failure of Oversight

Health Workers Still Aren’t Alerting Police About Likely Elder Abuse, Reports Find

Posted  by Ina Jaffe

NPR [Excertps reprinted from the original to see the original click here.]

Two reports from the federal government have determined that many cases of abuse or neglect of elderly patients that are severe enough to require medical attention are not being reported to enforcement agencies by nursing homes or health workers — even though such reporting is required by law.

Mary Smyth Getty Images

Two reports from the federal government have determined that many cases of abuse or neglect of elderly patients that are severe enough to require medical attention are not being reported to enforcement agencies by nursing homes or health workers — even though such reporting is required by law.

 

It can be hard to quantify the problem of elder abuse. Experts believe that many cases go unreported. And Wednesday morning, their belief was confirmed by two new government studies.

The research, conducted and published by the Office of Inspector General of the U.S. Department of Health and Human Services, finds that in many cases of abuse or neglect severe enough to require medical attention, the incidents have not been reported to enforcement agencies, though that’s required by law.

One of the studies focuses solely on the possible abuse of nursing home residents who end up in emergency rooms. The report looks at claims sent to Medicare in 2016for treatment of head injuries, body bruises, bed sores and other diagnoses that might indicate physical abuse, sexual abuse or severe neglect.

Gloria Jarmon, deputy inspector general for audit services, says her team found that nursing homes failed to report nearly 1 in 5 of these potential cases to the state inspection agencies charged with investigating them.

“Some of the cases we saw, a person is treated in an emergency room [and] they’re sent back to the same facility where they were potentially abused and neglected,” Jarmon says.

But the failure to record and follow up onpossible cases of elder abuse is not just the fault of the nursing homes. Jarmon says that in five states where nursing home inspectors did investigate and substantiate cases of abuse, “97% of those had not been reported to local law enforcement as required.”

State inspectors of nursinghomes who participated in the study appeared to be confused about when they were required to refer cases to law enforcement, Jarmon notes. One state agency said that it contacted the police only for what it called “the most seriousabuse cases.”

Elder abuse occurs in many settings — not just nursing homes. The second study looked at Medicare claims for the treatment of potential abuse or neglect of older adults, regardless of where it took place. The data were collected on incidents occurring between January of 2015 and June of 2017.

The federal auditors projected that, of more than 30,000 potential cases, health care providers failed to report nearly a third of the incidents to law enforcement or Adult Protective Services, even though the law requires them to make such reports.

“It’s very important that the first person who notices this potential abuse and neglect reports it, because then they can begin the investigative process to determine if abuse or neglect occurred,” says Jarmon. “And if it’s not reported, it can’t be tracked.”

The HHSreport says that Medicare could do a better job of analyzing the data it has on hand. It recommends that the Centers for Medicare and Medicaid Services, which oversees the health care program for older Americans, should periodically examine claims for treatment, looking for diagnoses that suggest possible abuse or neglect, as well as where and when those cases occur.

“You have to be able to get the data to see how bad the problem is,” says Jarmon, “so that “everybody who can take action has it.”

However, the Centers for Medicare and Medicaid Services, which pays for much of the health care for seniors and provides guidance on the reporting required ofhealth care workers and health care facilities, has rejected most of the reports’ recommendations.

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Esformes Convicted – New York’s Versions of Esformes Need to be Prosecuted – Tish James Are you In?

Money, gavel

‘Parasite’ Esformes convicted in $1.3B nursing home fraud, could face remaining years in prison

Florida long-term care business mogul Philip Esformes faces the possibility of decades in prison after being convicted Friday in the largest healthcare fraud scheme ever charged by the U.S. Justice Department.

A 12-person jury deliberated for four days last week before agreeing that the 50-year-old entrepreneur was guilty on 20 out of 26 charges. Those include paying and receiving kickbacks, money laundering and conspiracy to commit federal program bribery. Jurors did not, however, reach a verdict on the main count — that Esformes conspired to defraud Medicare.

Prosecutors blasted Esformes following the conclusion of the eight-week trial for the $1.3 billion scheme to defraud both Medicare and Medicaid, calling him a “despicable,” “vampire” who was fueled by “unbounded greed.”

“Even beyond the vital dollars lost … Esformes exploited and victimized patients by providing inadequate medical care and poor conditions in his nursing homes,” Shimon Richmond, special agent in charge of the U.S. Department of Health and Human Services Office of Inspector General’s Miami Regional Office, said in a statement. “We will continue the fight against such parasites.”

Sentencing has not been scheduled yet, but according to past reports, if convicted, Esformes could stand to face decades in prison.

He was first arrested in July 2016 and has been held without bond since. He could spend the rest of his life in prison, even without a healthcare fraud conspiracy, the Miami Herald said Friday.

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Philip Esformes, Claims that Patients Sold Like Cattle, but… Esformes is Not Alone in Nursing and Healthcare Facilities and the Fraud they Commit

Rabbi Zvi Feiner Accused of Nursing Home Ponzi Scheme

Rabbi accused of nursing home Ponzi scheme ordered to pay $13M to investor

A North Shore rabbi has been ordered to pay $13 million in his ongoing legal battle over an alleged real estate Ponzi scheme that bilked investors out of more than $35 million.

Zvi Feiner, rabbi of an Orthodox Jewish Congregation in Skokie and head of the Feiner Investment Corporation, stands accused of using his status in the Jewish community to entice investment into nursing homes, which he would acquire and ultimately sell without paying back investors.

His alleged victims include a 90-year-old Holocaust survivor, a group of Jewish day school teachers that lost their life savings in the scheme, and a fellow Orthodox Jewish rabbi and businessman.

Rabbi Sidney Glenner invested more than $25 million in six loans to Feiner’s real estate companies between 2013 and 2015. The money was to be used to invest in nursing and retirement homes, with Feiner offering up as collateral his existing real estate holdings, according to court records.

At the same time Glenner made the loans, Feiner’s businesses began to falter. By 2014, a lien was placed on all of Feiner’s assets by a different investor, complicating Glenner’s investments and his efforts to be repaid.

When Glenner’s loan payments came due, Feiner said he could not pay due to “financial stress,” court documents show. Instead, he offered up various properties. But he already had sold some of the properties, and the value of the collateral is disputed by the two parties, according to court documents.

For example, Glenner in 2013 made a $3.8 million loan to Feiner for a nursing home investment in Downstate Decatur. The Decatur venture is also the subject of other lawsuits against Feiner, in which investors claimed the rabbi would make regular disbursements to investors before abruptly stopping.

Feiner told investors the nursing home’s operator was not paying rent and so he was forced to turn the property over to a lender. Local news reports, however, allege Feiner stopped paying the bills for the facility, causing its operator to close its doors. While the nursing home was open, Feiner borrowed from the facility and never paid it back, according to a previous lawsuit.

Eventually, the building that housed the nursing home was turned over to Glenner. The property was valued at $500,000, but Glenner had to pay $450,000 in unpaid real estate and payroll taxes, court records claim, leaving an the outstanding loan payment at $3.75 million.

In another case, Glenner loaned Feiner $7 million, and Feiner offered up four properties as collateral. When Feiner didn’t make payments on the loan, Glenner sought to take over the properties used as collateral — except Feiner had already sold two of them, according to court records.

In 2017, Glenner sought arbitration against Feiner in the Jewish Ecclesiastical Court of the Chicago Rabbinical Council. The court ordered Feiner to pay $13.2 million in the case. Now, lawyers for Glenner are asking the Cook County Circuit Court to confirm the Rabbinical Court’s ruling.

Feiner could not immediately be reached for comment.

This is at least the fourth lawsuit filed against Feiner involving his nursing home investment enterprise.

In November, the Cohen family of Chicago sued Feiner in federal court, saying he took more than $2 million in investments and never repaid them. One of those investments involves the Decatur nursing home. The family also invested in a South Holland retirement home that Feiner eventually sold for a profit of $3.6 million, which he did not share with investors, the suit alleges.

Earlier this year, a group of investors sued Feiner, saying they invested $15.5 million in his nursing home companies and were never repaid. In September 2017, a federal suit was filed against Feiner, with investors saying the rabbi’s failure to pay them for joint ventures he sold constituted a violation of the RICO Act.

Holding Nursing Home Owners Accountable for Compliance Violations and Deplorable Care

Ortt backing package of bills aimed at greater accountability of nursing home owners

When the new legislative session begins in Albany in January, State Senator Robert Ortt will be submitting two bills – and putting his support behind an already forwarded piece of legislation – that supporters say will hold owners of nursing more homes accountable for compliance violations.

Ortt, a Republican whose district covers the northern counties of Western New York, wants to create unscheduled inspections of nursing homes and under one of his two bills, 40 percent of those surprise visits would come outside regular business hours, including nights, weekends and even holidays.

Kelly Bentley, whose grandmother resides in a nursing home, speaks of some of the problems including injuries her loved one has suffered in her residence. Standing with her and listening at the podium is State Senator Robert Ortt, who is pushing for a series of bills in 2019 that he says will hold owners of non-compliant nursing homes more accountable.
CREDIT MICHAEL MROZIAK, WBFO

 

Under the current rules, facilities are given advance warning of a pending visit which, Ortt points out, gives many the opportunity to make the adjustments which keep them in good graces while the inspectors are watching.

“Even myself, when I went to a facility, naturally we told them we were coming,” said Ortt, whose committee positions includes chairing the Senate’s Mental Health and Devrelopmental [sic] Disabilities Committee. “I was told after the visit – and I’ve gone through a couple – by residents and family members who called my office, and pleaded that I not tell anybody that they called… they said ‘what you saw yesterday was not how it normally is.'”

The second of Ortt’s pending submissions will prevent any owners of nursing homes found with violations to acquire more properties until they’re rectified, after which there would be a two-year probationary period after the issues are resolved.

Supporting Ortt’s legislation is Kelly Bentley, who chairs the Family Council of the Villages of Orleans Health and Rehabilitation Center. Her grandmother, Florence Moden, has suffered abuses in her nursing home, according to Bentley, most recently as early December. Despite the family’s complaints, she says, the problems have not been addressed.

“This is going to protect them,” she said. “This is our future, our fate. Im sorry, but we have to have some changes in Albany that are going to come back and ensure that we as family members, who have entrusted someone to care for our loved ones, that they’re actually going to receive that.”

He is also throwing his support behind a proposal submitted this past May by outgoing State Senator Kemp Hannon that gives the New York State Department of Health more powers to fine violators. It would also require utilizing independent quality monitors, approved by the DOH, to directly supervise homes found to be non-compliant to ensure violations are addressed and fixed.

“Right now, there’s a nursing home that’s failing. They have to come up with a corrective action plan. Who makes sure that they do that?” Ortt asked. “Right now, I guess really the answer is we don’t know. We hope that they comply. If they don’t, maybe we get a complaint or call, but there’s no one on site to hold the feet to the fire of the facility.”

Hannon, the original sponsor of the bill which includes independent quality monitors, was defeated in the November elections and will leave office after nearly three decades. Ortt, who is certain to lose his chair position in the Mental Health and Developmental Disabilities Committee when Democrats assume the majority in January, acknowledged the challenge of forwarding his bills under new leadership. 

He’s hopeful, though, that his legislation will gain the support needed to be forwarded to Andrew Cuomo’s desk later in 2019. 

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