Do State or Federal Laws Cover Nursing Home Abuse Claims?

In the United States, approximately 15,600 nursing homes care for more than 1 million patients. Caring for people with serious illnesses, some caused by the effects of aging, is a difficult process so it makes sense that laws would regulate nursing home operations. However, do state or federal laws accomplish this? And will nursing home abuse claims also be affected by state or federal laws? The short answer is that both state and federal laws may apply.

State Nursing Home Laws

In Illinois, nursing care facilities must adhere to the Nursing Home Care Act (the “Act”). Some of the provisions apply to nursing home abuse claims. For example, the Act specifically prohibits nursing facility owners, licensees, administrators, employees or agents from abusing or neglecting residents.

Nursing home abuse claims often arise from physical, mental, or emotional abuse. However, other forms of abuse revolve around financial abuse or overall neglect. The Act requires certain financial-related responsibilities from nursing home owners, which includes keeping funds received from residents in accounts that are separate from the facility’s accounts. Also, allowances intended for the resident’s personal needs are to be placed in the resident’s personal account only. Other provisions refer to a patient’s rights and the standard of care owed to them.

Regardless of state law, certain nursing homes also may be affected by federal laws.

Federal Laws Relevant to Nursing Home Abuse Claims

Some state laws mimic federal laws. Nursing homes definitely must comply with the laws for the state in which they are located. However, facilities that accept government funds also must comply with all federal nursing home regulations or risk losing those funds.

Under the Nursing Home Reform Act, skilled nursing facilities that fail to meet certain requirements will not qualify for Medicare payments.  Other nursing facilities may be ineligible for Medicaid for the same reason.

This law was put in place largely to protect residents’ quality of care and other rights. When you or a loved one are mistreated or neglected by a nursing home, laws that cover nursing home abuse claims may apply.

Do State or Federal Laws Cover Your Potential Nursing Home Abuse Claims?

If so, compensation may be available. Discuss your situation with an Illinois nursing home attorney to learn more about your options.

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.

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