Nursing Home Regulations in Illinois

Tuesday, November 15, 2022

Nursing Home Regulations in Illinois

Written by Malman Law, reviewed by Steve J. Malman.

Putting a loved one into a nursing home can be anxiety-provoking for anyone. You perform the research to find out everything you can about the care team at the nursing facility. Ultimately, you don’t know what is going on behind closed doors.

With nursing home regulations being violated on a regular basis, the person being cared for is not being treated properly. If you believe that a loved one has been the victim of nursing home abuse, you need the diligence of the legal team at Malman Law. Our nursing home abuse lawyers will work tirelessly to find out what is taking place in your loved one’s care facility.

Federal Nursing Home Regulations

In 1987 Congress passed the Nursing Home Reform Act, which established the following rights for residents:

• The right to freedom from abuse, mistreatment, and neglect;
• The right to freedom from physical restraints;
• The right to privacy;
• The right to accommodation of medical, physical, psychological, and social needs;
• The right to participate in resident and family groups;
• The right to be treated with dignity;
• The right to exercise self-determination;
• The right to communicate freely;
• The right to participate in the review of one’s care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility; and
• The right to voice grievances without discrimination or reprisal.

Illinois Nursing Home Regulations

The Illinois Nursing Home Care Act (21 ILCS 45/) includes similar requirements as the federal act, including, but not limited to:

• Not allowing a resident to be deprived of any rights, benefits, or privileges guaranteed by state or federal law;
• The right of each resident to manage their own finances;
• The right of each resident to refuse medical treatment;
• The right of each resident to privacy of information related to their medical treatment and consenting to others having access to that information if they are not directly involved in the resident’s care; and
• The right of each resident to retain their own personal physician at his or her own expense.

Types of Nursing Home Violations in Illinois

There are approximately 1,200 long-term care facilities in Illinois, serving more than 100,000 residents. These facilities are overseen by the Illinois Department of Public Health (IDPH) and the U.S. Centers for Medicare and Medicaid Services (CMS).

The Illinois Department of Public Health releases Quarterly Reports of Nursing Home violators. Depending on the violation, fines range from $2,200 to $25,000. According to the IDPH, there are approximately 6,000 complaints each year, and the most common penalty is a $10,000 fine.

The following are the categories of nursing home violations (most serious to mild):

• Type AA violation: creates a condition or occurrence at the facility that is the legal cause of a resident’s death;
• Type A violation: creates a condition or occurrence at the facility in which there is a substantial probability that death or serious mental or physical harm will result or has resulted
• Type B violation: creates a condition or occurrence at the facility that is more likely than not to cause more than minimal physical or mental harm to a resident
• Type C violation: a condition or occurrence at a facility that creates a substantial probability that less than minimal physical or mental harm to a resident will result therefrom.

Direct-care workers are specifically trained to care for the elderly. Any form of behavior that places a resident in harm’s way is unacceptable and punishable by law.

A nursing home abuse lawyer will know what questions to ask in order to conduct a thorough investigation to determine if your loved one was neglected or abused.

A Devoted Nursing Home Abuse Lawyer

Each neglect or abuse case will have its own circumstances that often bring about devastating results. If your loved one has fallen victim to nursing home abuse, contact the nursing home abuse lawyers at Malman Law to request your free case evaluation. We are available 24 hours a day, 7 days a week.