CHICAGO – The National Center for Elder Abuse (NCEA) estimates that about 84 percent of abusive situations involving older adults go unreported or unrecognized. While there are very few studies that accurately identify statistics for elder abuse and neglect, the NCEA estimates that one out of every 10 older adults is abused or neglected in our country, but only one in five elder abuse cases is ever reported. For this reason, nursing home abuse has been called the “hidden crime.”
Thankfully, Illinois lawmakers have adjusted the Illinois Nursing Home Care Act to better protect this group of people that often are unable to speak up for themselves. Beginning in 2023, the following steps will be taken to keep the elderly and other nursing home/ long-term care facility residents safe:
- Nursing home resident rights (SB01633): Lawmakers have amended the Illinois Nursing Home Care Act to acknowledge that residents have the right to be treated with courtesy and respect for their individuality by those who provide medical services or care, and these residents are entitled to have their human and civil rights maintained in all aspects of medical care. Further language has been added to the Act to clarify that residents shall not perform labor or services for a facility unless those activities are included for therapeutic purposes and appropriately goal-related in the resident’s individual medical record. In addition, every inpatient and outpatient care facility is required to have a written internal grievance procedure that clearly sets forth the process to be followed, specifies time limits for facility response, provides a patient advocate for patients who need one, and requires a written response to written grievances. https://www.ilga.gov/legislation/billstatus.asp?DocNum=01633&GAID=16&GA=102&DocTypeID=SB&LegID=134266&SessionID=110
- Continuing education for nursing home employees (HB04674): Beginning in 2023, the Illinois Nursing Home Care Act will require the Department of Public Health to establish guidelines for required continuing education of all employees who inspect, survey, or evaluate a facility. The IDPH will also be required to offer continuing education opportunities at least quarterly and employees will be required to complete at least 10 hours of continuing education annually. Further, the department will be required to notify a facility of its findings regarding a reported complaint within 5 calendar days (rather than 10 days) of the determination. If a facility is found to have violated any provision of the Act, it will be required to develop a plan of correction to address deficiencies indicated. The Department will also conduct an annual review of all survey activity from the preceding calendar year, rather than conduct an annual review, and make a report including specified information concerning the complaint and survey process. https://www.ilga.gov/legislation/billstatus.asp?DocNum=04674&GAID=16&GA=102&DocTypeID=HB&LegID=138845&SessionID=110
“Too many Illinois nursing home residents are victims of elder abuse or neglect. The result of such abusive treatment is devastating to the innocent victim and their loved ones. As a nursing home abuse lawyer, we often come into the picture once the abuse or neglect has already taken a toll on the victim, therefore it is encouraging to see lawmakers taking an active step in protecting the health and rights of the elderly before it is too late,” Attorney Tara R. Devine said. “Even with these new laws, it is important that loved ones check in on their elderly family members often and talk to a nursing home abuse lawyer if they suspect abuse or neglect.”
Nursing Home Negligence attorney Tara R. Devine is available to discuss these new laws in more detail. Please contact Marcie Mangan, Salvi, Schostok & Pritchard’s Director of Public Relations, at (312) 372-1227 or mmangan@salvilaw.com to schedule an interview.
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