Moving an elderly parent or other vulnerable loved one into a nursing home can be stressful. You want to do everything that you can do to make sure that they are being cared for properly. At the same time, you are forced to put trust into the hands of the facility and its staff. The Illinois Nursing Home Care Act is a state law that is designed to ensure that residents of assisted living facilities are protected. Here, our Chicago nursing home abuse attorney highlights five of the most important things to know about the Illinois Nursing Home Care Act.
- The Purpose of the Law is to Protect the Health and Safety of Nursing Home Residents
Nursing home residents are inherently vulnerable. By definition, they need considerable additional support with day-to-day activities. In some cases, they may be legally incapacitated. The Illinois Nursing Home Care Act is a state law that was enacted to ensure the well-being of the people who reside in long-term care facilities. It was originally enacted in 1979 as the Nursing Home Care Reform Act. Though the law was later amended in 1988 to expand residents’ rights and enhance enforcement of violations. Additional reforms were introduced in 2010. The law sets standards to protect residents from abuse, neglect, and inadequate care. It also mandates that nursing homes provide a safe, sanitary, and humane living environment. The statute also outlines minimum staffing levels, proper medical treatment, and the prevention of physical and emotional harm.
- The Law Establishes a Comprehensive Set of Nursing Home Resident Rights
A key aspect of the Illinois Nursing Home Care Act is that it formally codifies the rights of nursing home residents in our state. Indeed, the law grants residents a wide range of rights, including:
- The right to be treated with dignity and respect;
- The right to access to their medical records;
- The right to be free from abuse, neglect, and financial exploitation;
- The right to participate in decisions regarding their care;
- The right to voice grievances without retaliation; and
- The right to maintain basic personal privacy.
Nursing homes and other assisted living facilities are responsible for ensuring that these rights are protected and respected. They should inform residents—and their family members—of these rights upon admission.
- The Illinois Department of Public Health is the Agency Responsible for Enforcing the Law
The Illinois Department of Public Health (IDPH) oversees compliance with the Nursing Home Care Act. Indeed, it is the state agency that is primarily responsible for conducting inspections, investigating complaints, and taking enforcement action against facilities that violate the law.
Notably, the IDPH has the authority to issue fines, suspend or revoke licenses, and impose other corrective measures on nursing homes that fail to meet state standards. Nursing home residents and their families can file a complaint directly with the IDPH.
Note: Under state law, the IDPH is required to respond promptly to and properly investigate all complaints of violations of Illinois Nursing Home Care Act.
- The Law Includes a Private-Right-of-Act (Residents and Families Can Sue for Violations)
While the IDPH plays a huge role in enforcing the law, it is crucial that families understand that the Illinois Nursing Home Care Act includes a private-right-of-action. In legal parlance, this means that it allows private parties to sue for violations. A nursing home resident (and/or their family) can file a civil lawsuit against an assisted living facility for a violation of the Illinois Nursing Home Care Act. A long-term care facility that engages in abuse or neglect may be held liable for a violation of the law. Victims may be entitled to financial compensation for both economic losses and non-economic damages. Along with other types of compensation, recovery may be available for:
- Emergency medical care;
- Hospital bills;
- Other medical costs;
- Reimbursement of fees;
- Cost of relocation to a new facility;
- Pain and suffering;
- Long-term disability;
- Wrongful death; and
- Punitive damages.
- The Act Sets a Two-Year Statute of Limitations for Civil Abuse/Neglect Claims
As with other laws, there is a statute of limitations to bring a private civil lawsuit under the Illinois Nursing Home Care Act. A person who experiences abuse or neglect in a nursing home must file a civil lawsuit within two years of the incident. The statute of limitations ensures that claims are pursued in a timely manner while evidence remains available. However, exceptions may exist in cases involving delayed discovery of harm. Still, it is crucial for residents and families to act quickly. Consult with an experienced Illinois nursing home abuse lawyer right away.
Continued Abuse or Neglect Can Reset the Statute of Limitations
Imagine that a vulnerable nursing home resident is subject to consistent, repeated abuse from a staff member at the facility. There is a two year statute of limitations to file a lawsuit under the Illinois Nursing Home Care Act. However, that statute of limitations can potentially be “reset” with each act of abuse. The two may begin on the date of the most recent act of abuse.
How Our Illinois Nursing Home Abuse Lawyer Can Help
Nursing home abuse and neglect claims are complicated. They can put a lot of pressure on elderly residents and their families. At Kennedy Watkins LLC, our Chicago attorneys are committed to fighting for justice for the people who need help and support the most. Our verdicts and settlements demonstrate what we can do for nursing home abuse victims in high-stakes cases. Do not go it alone: A free consultation with our Chicago nursing home negligence lawyer is completely confidential and carries no additional obligations.
Schedule a Free Case Review With a Top Chicago Nursing Home Abuse Lawyer Today
At Kennedy Watkins LLC, our Chicago nursing home abuse attorneys are compassionate advocates for justice. If you have questions about the Illinois Nursing Home Care Act, we can help. Call us now or get in touch with us online to arrange a free, fully confidential initial consultation. From our Chicago law office, we handle nursing home abuse and neglect cases throughout Northern Illinois.