As reported by WAND TV, there are new fines coming for understaffed nursing homes in Illinois beginning on January 1st, 2025. The regulation was initially by state lawmakers back in 2010. However, full implementation was delayed for a number of years. However, fines are coming for violators starting in January of 2025. Within this blog post, our Chicago nursing home abuse lawyer provides an overview of the new regulation and explains why understaffed nursing homes are so dangerous for vulnerable residents.
New Regulation: Fines for Understaffed Nursing Homes in Illinois
The Illinois Business Journal has confirmed that Governor J.B. Pritzker is giving nursing homes until January 1st, 2025 to comply with state staffing requirements—or they will face fines. The legislation is a response to persistent understaffing issues that have jeopardized patient care and patient safety at far too many assisted living facilities in the state. Despite previous warnings and the setting of staffing standards as early as 2010, many facilities have simply not complied with the law. More strict enforcement measures are coming. The fines are intended to ensure that nursing homes provide at least 2.5 hours of direct care daily per resident.
Notably, the implementation of these fines is part of a broader strategy in Illinois to address the systemic problems in long-term care facilities. It is a serious, long-standing problem that was exacerbated by the COVID-19 pandemic. The legislation also includes provisions to increase transparency, requiring facilities that violate staffing regulations to publicly post these violations. Alongside the fines, Illinois has increased Medicaid funding for nursing homes by up to $240 million to help them meet the staffing requirements. Here is an overview of the fines for understaffing:
- First Violation: The first fine will be 125 percent of the cost of wages and benefits for the missing staff hours.
- Second Violation: The first fine will be 150 percent of the cost of wages and benefits for the missing staff hours.
- Additional Violations: For any subsequent nursing home staffing violations, the fine will be 200 percent of the cost of wages and benefits for missing staffing hours.
Why Nursing Home Staffing Matters: Know the Risks for Vulnerable Residents
Nursing home staffing matters. Any adult in an assisted living facility needs some level of additional support. Often, elderly and vulnerable adults need significant professional care. It is imperative that all nursing homes in Illinois have enough trained staff on site to ensure that all patients are cared for properly. When nursing homes are understaffed, patient care suffers. There is a major risk of abuse, neglect, and negligence. Here are some of the specific risks of understaffed nursing homes:
- Increased Risk of Neglect and Abuse: When nursing homes are understaffed, residents may not receive timely or proper care. Neglect becomes the biggest concern. Staff overwhelmed with high resident-to-caregiver ratios may miss signs of distress or decline in residents’ health, which can escalate into serious conditions. Beyond that, the high-stress of an understaffed nursing home also increases the risk of physical and emotional abuse. Unfortunately, staff members may become frustrated or act out due to stress and exhaustion. Understaffing puts the vulnerable elderly population at serious risk.
- Healthcare-Associated Infection Rates Jump: The data is very clear: Understaffed nursing homes see higher rates of healthcare-associated infections (HAIs). Some of these are very serious infections, including sepsis, pneumonia, and urinary tract infections (UTIs). Another alarming issue is that insufficient staffing means less time for proper hygiene and infection control practices. The consequences can be a higher spread of infections among residents. Of course, any infections are particularly dangerous for the elderly—whose immune systems are often compromised, and in many cases seriously compromised.
- Decreased Quality of Life: Inadequate staffing can severely impact the quality of life for residents by reducing the frequency and quality of personal interaction and care. Some of the basic day-to-day activities that are essential for mental health—from social interaction to physical movement to engagement in hobbies—are often neglected when there are not enough staff members. The neglect can lead to increased feelings of isolation, depression, and anxiety among residents. Attentive staff is crucial for resident quality of life.
- Higher Hospitalization Rates: Finally, understaffed facilities often have higher rates of emergency hospitalizations due to delayed response to medical issues and inadequate routine care. Conditions that could be managed in-house escalate to require emergency medical attention. These hospitalizations are costly and can lead to further health complications for the elderly.
A Negligent Nursing Home Can Be Held Accountable for Harm Suffered by Patients
As the new regulation in Illinois takes effect this upcoming January, any nursing home that is understaffed by the state’s legal definition can be fined. The fines are based on the extent to which the facility was understaffed. Beyond that, an understaffed nursing home can be held liable for the harm sustained by vulnerable residents. Families of harmed residents may seek compensation through lawsuits for damages such as medical costs, pain and suffering, and in severe cases, wrongful death. If your loved one was a victim, you should consult with a Chicago nursing home negligence attorney as soon as possible.
How Chicago Nursing Home Negligence Attorneys Can Help
Nursing home negligence claims are complicated—especially so for understaffed nursing home cases. At Kennedy Watkins LLC, our Chicago attorneys know that negligent assisted living facilities must be held accountable. We are always prepared to go the extra mile to get justice for victims and families. Our proven record of verdicts and settlements demonstrates our commitment to do right by clients. We are proactive and committed to personalized legal representation.
Contact Our Chicago Nursing Home Negligence Lawyers Today
At Kennedy Watkins LLC, our Chicago nursing home negligence lawyers are standing by, ready to protect your rights and your family. If your loved one was harmed by nursing home understaffing, we are here to help. Get in touch with us today for a free consultation. From our Chicago office, we handle nursing home negligence cases throughout Cook County and Northern Illinois.