What Is the Illinois Nursing Home Care Act?
Nursing home facilities in Illinois provide around-the-clock care for residents who require support and medical care. There are approximately 1,200 long-term care facilities in the state, serving over 100,000 residents. Most residents have their needs met and maintain a quality of life.
However, issues of abuse and neglect have arisen, leading to the creation of the Illinois Nursing Home Care Act.
The Illinois Nursing Home Care Act was drafted in 2011 and is enforced by the Illinois Department of Public Health. It details the following:
- Residents’ rights
- Standards of care
- Staffing requirements
- Proper practices for nursing home operations
Facilities found in violation of the act may face fines or, in severe cases, have their license revoked. Families with a loved one in a facility, or those considering a transition to a nursing home, should understand the scope of the act.
Here are the key points of the Illinois Nursing Home Care Act to consider:
The Right to Dignity and Respect
A core principle of the Illinois Nursing Home Care Act is the protection of residents’ rights to dignity, respect, and safety. Discrimination based on mental health status or age is prohibited, and all nursing home employees must treat residents with respect.
The Right to Self-Determination
Each nursing home resident has the right to make their own choices about care. The act clearly states that residents must be allowed not only participate in their care plan but also refuse treatment if they wish. If a resident is incapable of making those decisions, a designated family member will step in.
The Right to Privacy and Confidentiality
As with any institution that handles medical records, nursing home residents have the right to privacy and confidentiality. Facilities must comply with federal HIPAA regulations.
The Right to Freedom from Abuse, Neglect, and Exploitation
The Illinois Nursing Home Care Act ensures that residents have the right to be free from abuse, neglect, and any other type of exploitation.
Right to Information and Communication
Residents are allowed to access any and all information about their care. That includes the following:
- Medical records
- Facility’s procedures
- Nursing home policies
- Resident rights
- Any communication regarding their personal care
Additional Rights
In addition to the rights stated above, the Illinois Nursing Home Care Act addresses vital issues, including staffing requirements. According to the act, the minimum ratio for a patient requiring skilled care must be at least 3.8 hours per resident per day.
Nursing home facilities are also obligated to create a personalized care plan for each resident.
This plan is done in coordination with the resident, their family, and their doctor. It is a plan that must be reviewed and updated on a regular basis. Additionally, the act requires that a facility meet each resident’s physical needs. That begins with the nutritional and dietary needs. Every nursing home must provide nutritious meals for all residents.
They must also accommodate all special dietary restrictions to align with individualized care plans. That includes ensuring that residents are properly hydrated throughout the day. The Illinois Nursing Home Care Act also includes provisions that cover the quality of life at a facility.
Residents must have access to recreational activities and social services.
What Happens When Neglect Occurs at a Nursing Home?
Even with the act in place, there are still instances of neglect. This can be due to staffing shortages or to improperly trained staff. 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.
Families with loved ones in a nursing home also play a role in compliance with the act. If you witness any form of nursing home neglect, you should report it to management and the Illinois Department of Public Health.
It will also help to speak with an attorney at the Thomas Law Offices. We have helped many families report issues of nursing home abuse and have helped them ensure the continued safety of their loved ones. In extreme cases, we can also hold these facilities accountable for their actions.
If you suspect abuse is occurring, we want to hear from you.
Call our offices to schedule a consultation today.
