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Aperion Care Bloomington Abuse and Neglect Attorneys
Many Illinois families face the unenviable decision to transfer their loved one into a nursing home that can provide them with the highest level of care. Unfortunately, locating the ideal nursing facility in the community can be a challenging experience. Sadly, abuse and neglect are serious problems in many caregiving homes across America.
In some cases, the family remains unaware that their loved one is being mistreated until a severe issue arises. The Illinois Nursing Home Law Center attorneys have represented many victims of neglect and abuse in McLean County and can help your family too. Contact us now so we can begin working on your case today to ensure you receive adequate financial compensation to recover your damages.
If your loved one has been mistreated at Aperion Care Bloomington, contact our Chicago nursing home abuse lawyers.
This Medicare/Medicaid-approved nursing center is a "for profit" home providing services to residents of Bloomington and McLean County, Illinois. The 115-certified bed long-term care (LTC) home is located at:
1509 North Calhoun Street
Bloomington, Illinois, 61701
In addition to providing around-the-clock skilled nursing care, Aperion Care Bloomington also offers:
- Short-term rehabilitation
- Long-term living
- Psychiatric Rehabilitation
- IV (intravenous) – infusion therapy
- Wound care
- Medication management
- In-house hemodialysis
- Feeding tube care
- Congestive heart failure management
- Diabetes management
Special Focus Facility Designation: Medicare has labeled Aperion Care Bloomington as a Special Focus Facility (SSF) because of persistently substandard quality of care as determined by federal and state inspection teams. This designation means that the nursing home is subjected to more frequent surveys and inspections, escalating monetary penalties and the potential of being terminated from Medicaid and Medicare.
Federal agencies and the State of Illinois have a legal responsibility to monitor every nursing facility. If serious violations are identified, the governments can impose monetary fines or deny payments through Medicare if the resident was harmed or could have been harmed by the deficiency.
Within the last three years, nursing home regulators imposed a significant monetary fine against Aperion Care Bloomington on July 6, 2017, for $64,233. Also, Medicare denied payment for services provided on July 6, 2017, due to substandard care.
Over the last thirty-six months, the facility received one formally filed complaint and self-reported seven severe issues that all resulted in citations. Additional documentation about fines and penalties can be found on the Illinois Department of Public Health Nursing Home Reporting Website concerning this nursing facility.Bloomington Illinois Nursing Home Safety Concerns
Families can review publically available data on every long-term and intermediate care facility in Illinois by visiting numerous state and federal government databases including Medicare.gov and the Illinois Department of Public Health website. This data is a valuable tool to use when choosing the best location to place a loved one who needs the highest level of services and care in a safe environment.
According to Medicare, this facility maintains an overall rating of one out of five stars, including one out of five stars concerning health inspections, two out of five stars for staffing issues and two out of five stars for quality measures. The McLean County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Aperion Care Bloomington that include:
- Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accidents
- Failure to Immediately Notify the Resident, the Resident’s Doctor or Family Members of a Change in the Resident’s Condition Including a Decline in Their Health or Injury
- Failure to Timely Report Suspected Abuse, Neglect and Report the Results of the Investigation a Proper Authorities
- Failure to Report Injuries of Unknown Origin to the State Agency as Required – IL State Inspector
In a summary statement of deficiencies dated March 29, 2018, the state survey team documented that “failures at this level required more than one deficient practice statement.” The surveyor said that the facility “failed to assess the smoking safety for one of three residents reviewed for smoking.”
The nursing home also “failed to complete post-fall monitoring, failed to investigate the root cause of falls, failed to implement post-fall interventions and failed to ensure a clutter-free environment for three of four residents reviewed for falls.”
As a part of the investigation, the survey team reviewed the facility’s policy titled: Smoking Safety dated February 23, 2018, that reads in part:
“The purpose of this policy is to provide a safe and healthy living environment with respect for the health and well-being needs of each resident, staff member and visitors.”
“Smokers will be evaluated to determine their ability to comply with safety rules and their ability to carry and store smoking materials. Smoking Safety Assessment will determine if a smoking apron is indicated, as well as the level of assistance and supervision needed during smoking.”
The investigators reviewed a resident’s Care Plan dated March 22, 2018. The plan shows that the resident interests “including smoking cigarettes on the resident smoking patio but does not document if [the resident] is assessed as being a safe, independent smoker or if [the resident] requires assistance due to being assessed as a non-safe, dependent smoker.”
The resident’s Progress Note dated March 22, 2018, revealed that the resident “was noted smoking in her room. Lighters and cigarettes were taken from her, [and] the resident was told of the smoking policy. There was no completed smoking assessment in [the resident’s] medical record.”
A Regional Nurse Consultant at the facility stated on March 28, 2018, that “smoking assessments are to be completed upon admission, quarterly and with a change of status” and confirmed that the resident “did not have a smoking assessment in [their] medical record.”
In a separate incident documented in the same deficiency report, it was noted that another resident claimed that they “fell the other day and now have a bruise on my right hip.” The resident pulled her pants down to reveal “a purple bruise on the left hip.” As a part of the investigation, the survey team spoke with the Director of Nursing who said that “the only report [they] had was regarding a witnessed incident [that the resident] placed himself, did not fall onto the floor to pick up popcorn.” The Director also confirmed that the resident “should have a bruise though he did not fall.”
A few hours later, the Director stated that they had asked the resident “about his fall with a bruise and [the resident] said it was two days ago. I was the nurse on duty. I am thinking [the resident] might have fallen out of bed and got himself up without telling anyone. I will go ahead and put a report in.”
The following day, the resident’s Progress Note documents that the resident “reported to the nurse a bruise to the left hip the developed post-fall.” The resident “had gotten tangled in the sheets and rolled out of bed [and] got himself up off the floor and back into bed.”
However, the investigator said that “as of March 29, 2018, there was no post-fall monitoring documented in [the resident’s] medical record.” The investigators reviewed the facility Fall Committee Protocol that reads in part: “All falls will be followed with monitoring and documentation, each shift for seventy-two hours post-incidents.”Failure to Provide and Implement an Infection Protection and Control Program
In a summary statement of deficiencies dated March 29, 2018, a state investigator noted the nursing home's failure to “properly disinfect wound care equipment to prevent cross-contamination. This failure affects three of seven residents reviewed for wound care.”
A review of the resident’s medical records and Progress Notes show that the resident bumped their leg “on the base of the footboard on the bed in the resident’s room, leaving a small indentation/laceration on the right shin. The area was cleansed, and the dressing was applied due to having a small amount of serosanguineous discharge.”
Documentation revealed that the resident’s injury had “clear drainage with no noted odor or warmth to the right lower leg.” Observations were made of a Registered Nurse (RN) entering the resident’s room “to complete the ordered dressing change to the [resident’s leg. The resident] was asked if the wound was leaking through the dressing.” The resident stated, “it feels wet.”
During the observation, it was revealed that the RN “prepared the wound dressing supplies including a pair of scissors with [their] name on them.” The RN “cleaned the scissors for four seconds with a 70% alcohol prep pad and then cut the old dressing away from the resident’s leg.” The RN stated that they use their [personal] bandage scissors for treatments because they are not ever able to find a pair of bandage scissors.
The investigators reviewed the CDC guidelines for disinfection and sterilization and healthcare facilities dated 2008 that reads in part:
“When processing patient/care equipment contaminated with blood-borne pathogens” including HBV virus, HIV virus, “use standard sterilization and disinfecting procedures for patient care equipment as recommended in this guideline.” This is “because these procedures are adequate to sterilize or disinfect instruments or devices contaminated with blood or body fluids from persons infected with blood-borne pathogens or emerging pathogens, with the exception of prions.
No changes in these procedures for cleaning, disinfecting, or sterilizing are necessary for removing blood-borne or emerging pathogens other than prions.”
In a summary statement of deficiencies dated April 20, 2017, the state surveyors documented the facility’s failure to “notify the physician of missed medications for four residents reviewed for physician notifications. The surveyors reviewed the resident’s Medication Review Report concerning an antidepressant and antihypertensive drug.
However, the resident’s Medication Administration Record (MAR) documents of the resident did not receive numerous medications on thirty-four occasions occurring between January 11, 2017, and April 15, 2017. The investigator said that there was “no documentation that the resident’s physician was notified of any of the above [noted] missed medication doses.”
The investigative team interviewed the resident’s physician on April 19, 2017, who stated that “he would expect to be notified of a resident not receiving medications as ordered, especially if it is more than one or two days.” That same day, the Administrator stated that “the nurses should notify the physician and the Administrator if a resident is not receiving medications.”
In a summary statement of deficiencies dated April 20, 2017, the state investigator noted the facility's failure to "conduct an investigation, determine the root cause, notify the State Agency and ensure that the Administrator was immediately notified of an injury of unknown origin.” The deficient practice by the nursing staff involved one resident “reviewed for injuries of unknown origin.”
As a part of the investigation, the surveyors interviewed a Certified Nursing Assistant (CNA) who stated that the resident “is a handful” and is a “new resident to the facility and has fallen several times.” The CNA “also stated that [the resident] is confused and is not a candidate for an interview.” The CNA said that they “assist the resident with toileting.”
Another CNA was observed “assisting the resident by applying a gait belt and assisting the resident to stand while they pulled the resident’s pants down and removed the resident’s incontinence brief. That CNA conducted a skin check on the resident who “had a large round dark purple bruise approximately 5.0 inches in circumference on [their] left buttocks.”
Also, a bandage covered the resident’s right earlobe that had a “large scattered yellow-green bruise with a 1.0 injured by 1.0-inch abrasion on the left scapula area.” The resident also had a “light brown area of round scattered bruising approximately 3.0” x 2.0” present [to the resident’s] left lower rib area, and several dark small red and dark purple areas of bruising [to the resident’s] right forearm.”
The investigators reviewed the resident’s electronic Progress Reports between March 21, 2017, and April 18, 2017, and their current electronic Care Plan. However, there was no documentation of the injuries mentioned above.
As a part of the investigation, the surveyors interviewed the Administrator who stated that they were “unaware of the injuries mentioned above to [the resident], and therefore an investigation was not conducted, the root cause was not determined, and the State Agency was not notified.”
The Administrator also stated that they expect “to be notified of any injury of unknown origin” saying that the resident “falls a lot. We [the facility staff] can assume that they [the resident’s injuries of unknown origin] are from falls, but you just never know. They should all be investigated.”
Has your loved one suffered harm or injuries while a resident at Aperion Care Bloomington? If so, contact Illinois nursing home abuse and neglect lawyers at Nursing Home Law Center at (800) 926-7565 now. Our network of attorneys fights aggressively on behalf of McLean County victims of mistreatment living in long-term facilities including nursing homes in Bloomington. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim.
Let our skilled attorneys file and handle your abuse and neglect compensation claim against all those who caused your loved one harm. Our years of experience in Illinois civil tort law ensure a successful resolution. The attorneys accept all personal injury claims, nursing home abuse suits, medical malpractice cases, and wrongful death lawsuits through a contingency fee arrangement. This agreement will postpone payment of our legal services until after our lawyers have resolved your case through a negotiated settlement or jury trial award.
Our network of attorneys provides every client a “No Win/No-Fee” Guarantee. This promise ensures that your family will owe us nothing if we are unable to obtain compensation on your behalf. We can start on your case today to ensure you receive compensation for your damages. All information you share with our law offices will remain confidential.Sources