Law Offices of Barry Doyle - April 2019

Scamming older adults has become big business. According to the American Journal for Public Health, an estimated 5 percent of seniors are hoodwinked by criminals every year, and that statistic is thought to be a steep underestimate since so many scams go unreported. To stem the tide of seniors unknowingly giving $36 billion to scammers annually, it’s important for retirees and their loved ones to get savvy on the subject.

COMPUTER SOFTWARE SERVICE FRAUD This type of scam is slightly more sophisticated. First, a hacker will call a victim and claim to be a member of a tech support team or an employee from a trusted company like Microsoft or Apple. Then, they’ll tell the victim there is a problem with their phone or computer and that if they cooperate with the “tech support” representative, they can sort it out. They may also ask you to install a piece of software on your device or provide credit card information to “validate your software.” The fact is that well-known tech companies will never send unsolicited emails to ask for your personal or financial information, and they definitely won’t ask you to install some shady software on your computer. If you ever receive a call out of the blue from “Microsoft,” hang up the phone immediately. The first step to stopping these criminals in their tracks is to be aware of their tactics. With these tips in your arsenal, you’ll be able to defend yourself and your bank account effectively.

Here are the two of the most common scams older folks fall prey to — and how to avoid them.

ADVANCED FEE FRAUD The most common con in 2017 and 2018 was the classic “You’ve won a sweepstakes!” scam. Victims are told they’ve won some exorbitant amount of money, but they must pay a fee to receive the prize. After the “fee” is paid, victims receive a fake check in the mail, but by the time it bounces, the scammers are gone and they’ve taken the money. If you ever receive a contract from an unknown entity out of nowhere, you should start seeing red flags. Unless you remember entering a contest, there is no chance you’ve won something. And it’s vital to understand that it is never safe to give out financial information over the phone or via email.

In both cases, a survey team is sent to the nursing home in question. If the team finds that there has been a rules violation, they issue a notice of deficiency citation. When a nursing home receives a notice of deficiency, the facility can react in one of two ways. A home can submit a plan of correction to ensure the violation won’t occur again. These plans usually consist of steps to prevent the problem from recurring, including addressing the issue directly or sometimes further educating the staff. Alternatively, the nursing home can dispute the findings of a survey team. If the nursing home can prove they were not in violation, then the notice of deficiency may be withdrawn. However, if the nursing home fails their dispute, the facility can face additional penalties including hefty fines or, in severe cases, closure. All nursing homes are obligated to comply with regulations issued by the federal government and the State of Illinois. When these regulations are violated, filing a complaint ensures that the violation is corrected. The problem that led to the violation will be addressed, protecting families and even staff from potential mismanagement, and the evidence of a survey team’s notes can be used in a civil lawsuit should there be a need for one.

The Illinois Department of Public Health handles all complaints against nursing homes and determines whether they are compliant with regulations. When someone files a complaint against a nursing home, the nursing home and the IDPH have very strict processes they must follow. Once the IDPH receives a complaint, the nursing home undergoes an inspection, also called a survey. A survey takes place for one of two reasons. A complaint survey can be submitted either through a healthcare provider, by family members, or by the nursing home itself through an incident report. Additionally, an annual licensing survey takes place once every 12 months and is a comprehensive evaluation of the facilities operations.

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