Illinois Nursing Home Care Act
The Illinois Nursing Home Care Act is a state law that governs the treatment of elderly residents in every nursing home in the state. It provides details about residents’ rights, standards of care, staffing requirements, and proper practices for nursing home operations. This act has played an essential role in elevating the quality of nursing home care in Illinois. The Illinois Department of Public Health enforces this law, drafted in 2011.
Purpose and Scope of the Act
Nursing home residents are some of society’s most vulnerable people. The Illinois Nursing Home Care Act was designed to protect these individuals from abuse and neglect since many victims are unable to advocate for themselves. These nursing home laws safeguards the rights and well-being of every nursing home resident in Illinois.
Core Resident Rights under the Act
Illinois nursing homes must adhere to this act’s amendments and core regulations. Many of its elements relate to residents’ rights. Here are a few of the highlights.
Right to Dignity and Respect
The Illinois Nursing Home Care Act explicitly protects residents’ rights to dignity, respect, and safety. Discrimination based on a person’s mental health or age is prohibited. All residents have the right to be treated with respect by all employees and professionals providing health care services.
Right to Self-Determination
The resident has the right to make their own choices about care. The act states that residents must be allowed to participate in care planning and refuse treatment if they wish. This provision is known as the right to self-determination.
Right to Privacy and Confidentiality
Nursing home residents have the right to privacy and confidentiality of their personal and medical information. This includes privacy during care, confidentiality of records, private communication, control over personal spaces, and protection from unauthorized information sharing. Facilities must comply with HIPAA regulations to safeguard residents’ privacy.
Right to Freedom from Abuse, Neglect, and Exploitation
Abuse, neglect, and exploitation are common in assisted living facilities. The Illinois Nursing Home Care Act ensures that residents have the right to be free from these issues, either from staff, administrators, or other residents. Examples of these problems include physical abuse, emotional manipulation, sexual abuse, and financial exploitation.
Right to Information and Communication
Residents are allowed to access all information about their care, including medical records, the facility’s procedures, nursing home policies, and resident rights. They must also be able to receive any communication regarding their personal care.
Other Key Rights
The Act protects many other resident rights. For example, patients are free from the use physical restraints unless required for their treatment or in cases of imminent danger. Residents can also voice their concerns about daily living routines, quality care, or nursing home policies in a free and safe format. Each individual also has the right to manage their own financial affairs.
Quality of Care Standards Mandated by the Act
Under the Illinois Nursing Home Care Act, nursing homes must provide adequate medical care. Failure to uphold a certain standard of care could result in corrective measures enforced by the Department of Public Health.
Admission, Transfer, and Discharge Rights
Admissions, transfers, and discharges are fundamental elements of nursing home procedures. Residents have the right to be notified within an appropriate timeline of orders for these processes. The nursing home must also provide justification for admitting, transferring, or discharging a patient.
Staffing Requirements
Nursing homes in Illinois must have enough staffing to provide quality care for each resident. This means there are staff availability ratio requirements that must be met. The minimum ratio for a patient requiring skilled care must be at least 3.8 hours per resident per day. The minimum requirement for intermediate care, which includes nursing and personal care, is 2.5 hours per resident per day.
Care Planning and Assessments
Nursing home facilities must create personalized care plans for each resident. The creation of these plans must allow patient participation. Each plan must include practices for regular assessments and documentation of the resident’s health status, including any changes and must be reviewed and updated regularly.
Medical and Nursing Care
A physician must order all medical treatments. Medication management services must be available to all residents. Each facility must have an infection control plan. Under the Act, each resident must also have access to specialized services, such as daily living assistance, therapy methods, and psychiatric rehabilitation.
Nutrition and Dietary Services
A facility must be able to meet each resident’s physical needs, including nutritional and dietary needs. Every nursing home must provide nutritious meals for all residents and accommodate all special dietary restrictions to adhere to individualized care plans. This care includes accommodating special diets, offering varied menu options, and ensuring proper hydration.
Activities and Social Services
The Illinois Nursing Home Care Act also has provisions regarding the quality of life at a facility. Residents must have access to recreational activities and social services, which are necessary for mental health treatment.
Enforcement and Penalties for Non-Compliance
A facility’s failure to uphold all the rights of residents and provide quality care can result in penalties. These penalties depend on the nature of the violation and the physical harm caused to the patients involved.
Role of the Illinois Department of Public Health (IDPH)
The Illinois Department of Public Health is the primary governing body for nursing homes. It enforces the Illinois Nursing Home Care Act through inspections, investigations, and penalties. If a report finds significant violations, this entity will enforce repercussions for the facility in question.
Types of Violations
The Act covers a wide range of violations from minor offences to serious issues like abuse or neglect. Minor deficiencies, such as failing to assist with daily activities or misusing a resident’s property, will result in small penalties. Type A violations refer to circumstances that could lead to significant physical or mental injury to a patient or even death. Type AA violation occurs when the facility is directly responsible for the death of a patient.
Penalties and Sanctions
A facility that commits violations under the Illinois Nursing Home Care Act will be penalized. Small fines may be enforced for minor infractions that may cost the nursing home thousands of dollars. In more severe circumstances, license revocation could be the punishment. The facility could also be closed down entirely if enough violations occur.
Seeking Legal Help for Nursing Home Residents
Nursing home residents and families who are victims of abuse or neglect have the option to pursue legal action against the nursing home and its staff. Here are a few legal tips to consider.
Role of a Nursing Home Law Firm
A specialized law firm understands residents’ rights under the Illinois Nursing Home Care Act. If you or loved ones have suffered abuse, neglect, or substandard care due to poor facility practices, you can file a lawsuit against the at-fault party, especially if there are legal damages. The right Illinois nursing home abuse lawyer can make all the difference in your claim.
Legal Remedies
There are several legal options for nursing home residents who have suffered abuse, neglect, or exploitation. First, you can pursue compensation for legal damages like medical bills, pain and suffering, mental anguish, or loss of quality of life.
A lawyer can also help you seek injunctive relief, which orders the defendant party to change a behavior or practice to avoid physical harm in the future. A lawsuit can hold the responsible party or negligent parties accountable for their actions.
Contact a Nursing Home Lawyer Now!
You may have questions about your particular case and whether it warrants a lawsuit against the nursing home. Nursing Home Law Center offers a free and confidential consultation so you can get the answers you need before pursuing legal action. Contact us today at 800-926-7565 or fill out our contact form for your free case evaluation.