While choosing a nursing home, you may look at licenses and certificates. For example, does the home have a long-term care facility license? You may also look at the latest state inspection report before making your final decision. This report may provide key information, including any violations and penalties assessed against the home. Understanding Illinois nursing home penalties is important when deciding which nursing home is best for you or your loved one.
Illinois Nursing Home Laws
Two agencies license, regulate, inspect, and certify over 1,200 Illinois nursing homes:
- the Illinois Department of Public Health (IDPH), a state agency; and
- the Centers for Medicare and Medicaid Services (CMS), part of the United States Department of Health and Human Services.
The Illinois Nursing Home Act (the “Act”) includes a section titled “Violations and Penalties.” The IDPH may find violations of the Act during an inspection or because of a complaint.
Common Violations and Nursing Home Penalties
Although a nursing home may violate state and federal laws, we will focus on state law violations. The “Violations and Penalties” section of the Act notes the following categories of violation in Section 1-128.5:
- Type AA violations for conditions that caused a resident’s death.
- Type A violations for situations that either (1) created a situation with risk of death or serious harm to a resident, or (ii) actually caused physical or mental harm to a patient.
- Type B violations for conditions that were likely to cause only minimal harm to a resident.
- Type C violations for situations that created “a substantial probability that less than minimal physical or mental harm to a resident” might occur.
Nursing homes with less serious violations may be able to correct their issues without incurring any penalties. However, the IDPH has the power to impose the following Illinois nursing home penalties:
- Reducing admissions,
- Appointing a temporary manager of the facility,
- Suspending or revoking the facility’s license,
- Closing the nursing home, or
- Other penalties as allowed by state and federal law.
One of the most common state penalties is a $10,000 fine. Federal penalties range from $50 to $10,000 each day. Also, nursing homes with multiple or very serious violations may lose their Medicare and Medicaid certifications.
Have You Considered Illinois Nursing Home Penalties When Choosing a Home?
At Osvaldo Rodriguez, PC, we have over 20 years’ experience helping clients with nursing home injuries and neglect. Schedule a free initial consultation with Osvaldo Rodriguez, a lawyer who has dedicated his career to assisting people like you. Just call us at 708-716-3441 or fill out the Contact form on our website. We represent clients throughout the state of Illinois, including Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, Northlake, and all of Cook County, Lake County, Kane County, Dupage County and Will County.
Mr. Rodriguez is fluent in both Spanish and English.