December 12, 2008

A Comprehensive Care Plan for Illinois Nursing Home Residents

Filed under: Illinois Nursing Home Neglect — admin @ 10:39 am

Cases of Illinois nursing home neglect and abuse are on the rise. In Chicago, many nursing home abuse attorneys are advocates for these residents, working tirelessly to protect their rights and citizens of this country and as aging individuals.

When admitted to a nursing home, the facility must develop an individualized plan of care for each resident so each resident will attain or maintain the resident’s highest practicable physical, mental and psychosocial well being. This is referred to as a “comprehensive care plan” and is required by law.

42 CFR 483.20(k) requires that a comprehensive plan of care be developed within 7 days of the completion of the comprehensive assessment required upon admission into the facility. The care plan must be prepared by the attending physician, a registered nurse with responsibility for the resident and other appropriate staff in disciplines as determined by the resident’s needs. This safeguard is meant to avoid nursing home abuse and medical malpractice, but no single law or rule can prevent negligence.

If you have questions about the comprehensive care plan, contact an Illinois nursing home negligence lawyer today.

Popularity: 23% [?]



December 10, 2008

Enforcement Actions Regarding Illinois Nursing Home Inspections

Filed under: Illinois Nursing Home Neglect — admin @ 5:14 am

The Illinois Department of Public Health’s website provides lots of important information about nursing home regulation in our state. This month, our Illinois nursing home negligence lawyer has been discussing the benefits of familiarizing yourself with the inspection process. To prevent occurrences of Illinois nursing home neglect, it is crucial we hold these facilities accountable for their violations and demand they adhere to state and federal standards of care. Our aging loved ones deserve it.

The following is information regarding enforcement actions for Illinois nursing home inspections:

Information on state and federal nursing home inspections and complaint investigations is available from the Department of Public Health. As you review an inspection report, it is important to remember that nursing homes have the right to appeal survey findings and penalties imposed. Such appeals may be pending at the time the report is issued. On appeal, the department’s decision may be upheld or reversed, or a settlement may be reached in which fines are reduced.

Please note that these inspection reports show only a one-time “snap-shot” of nursing home compliance with established standards. To more fully assess the quality of care provided by a facility, it is important that you review current and past survey reports. You may also wish to discuss services and performance levels with your doctor and with family members or friends who have used the facility.

Complete survey reports and nursing home plans of correction, edited to ensure patient confidentiality, are available at each nursing home as well as at IDPH. The most recent federal inspection surveys are posted on the web at www.medicare.gov/NHCompare/home.asp.

To request a copy of an inspection file through IDPH, write to

Illinois Department of Public Health
Freedom of Information Officer
535 W. Jefferson St.
Springfield, IL 62761
Attn: Division of Communications

Media inquiries must be made to the Division of Communications at 217-782-5750.

If you wish to file a complaint about an Illinois nursing home, call the Department’s toll-free hotline at 1-800-252-4343.

Source: http://www.idph.state.il.us/

If you or your loved one were harmed due to Illinois nursing home neglect, contact a Chicago nursing home abuse attorney today.

Popularity: 25% [?]



December 8, 2008

Enforcement Remedies for Illinois Nursing Home Violations: Part Two

Filed under: Illinois Nursing Home Neglect — admin @ 10:05 am

Chicago nursing home abuse attorneys say it’s important for families to understand the process of Illinois nursing home inspections and regulations in order to help prevent their loved ones from becoming victims of Illinois nursing home neglect or abuse.  If your loved one has suffered an injury due to neglect or abuse, or you believe the facility is in violation of state or federal standards, you should contact an Illinois nursing home negligence lawyer immediately.

In the last post, we learned about some enforcement remedies for facilities who have been cited. The following is further information from the Illinois Department of Public Health website.

Penalty Letters

When a nursing home is cited for a regulation deficiency that results in a fine, suspension or revocation of a license, or placement on a provisional license, the Department issues a penalty letter identifying the specific violations, charges or reasons for its enforcement action.

Alternate Resolutions

Nursing homes have the opportunity to dispute survey findings and penalties imposed. Facilities may ask to discuss the accuracy of survey findings during the course of a survey or during the exit interview.

Nursing homes also may request a formal hearing before an administrative law judge through IDPH’s Division of Legal Services to appeal deficiencies and enforcement actions. At any time before or during the hearing, the Department and the nursing home may agree to a settlement.

Designation of Penalty Monies

All penalty monies collected on violations of state standards are deposited into a special fund used by IDPH to monitor health care facilities that violate licensure standards and in which the owner or operator is unable or unwilling to make necessary corrections. The Long Term Care Monitor and Receivership Fund allows the Department to monitor facilities not in compliance with licensure standards and to safeguard facility patients or residents whether or not the owner is cooperative.

Nursing Home Regulations

All nursing facilities in Illinois are required to meet mandatory state standards that set the minimum and essential requirements of care that must be provided. Facilities are required to comply with the standards to provide the highest quality of care possible.

Survey teams inspect and evaluate whether facilities meet the required standards and, if so, certify their success in meeting specific care standards. Facilities failing to meet the standards are subject to fine or other enforcement actions.

Popularity: 23% [?]



December 5, 2008

Enforcement Remedies for Illinois Nursing Home Violations: Part One

Filed under: Illinois Nursing Home Neglect — admin @ 10:01 am

According to Illinois nursing home negligence lawyers and the Illinois Department of Public Health, there are several enforcement remedies in place for Illinois nursing homes who have been cited for violations. It is our job as citizens of this state to hold these homes accountable for violation and ensure the appropriate corrections are made.

In many cases, nursing homes are given the opportunity to correct less serious deficiencies without incurring fines or other penalties. If warranted, however, the Department may impose a fine, curtail admissions, appoint a temporary manager, issue a provisional license, suspend or revoke a nursing home’s license, close an unlicensed facility, or use other remedies for violations of statutes as provided by state or federal law, or as authorized by federal survey, certification, and enforcement regulations and agreements.

The most common penalty imposed by the Department is a $10,000 per violation civil monetary fine. Fines for violations of federal standards range from $50 to $10,000 per day. While the Department can impose state fines, it can only recommend to CMS that a federal fine be imposed. CMS may then impose, modify or waive the recommended fine, often based on the facility’s cooperation in addressing deficiencies cited.

Nursing homes with repeat or severe violations of federal licensing standards may have their Medicare or Medicaid certification suspended or revoked by CMS. These nursing homes do not receive reimbursement for services given to program participants while the facility is under such a sanction.

In so many cases, Illinois nursing home neglect can be prevented through proper oversight of our state’s facilities. If your loved one was injured due to Illinois nursing home neglect or abuse, contact a Chicago nursing home abuse attorney today.

Popularity: 23% [?]



December 3, 2008

More on Illinois Nursing Home Inspections and Surveys

Filed under: Illinois Nursing Home Negligence Lawyer — admin @ 9:32 am

In the last post, our Chicago nursing home abuse attorney outlined the importance of nursing home regulations. In this post, we’ll discuss the inspection process in more detail. The following information about Illinois nursing home inspections comes from the Illinois Department of Health.

“Illinois, which has approximately 200 surveyors, employs a team concept in inspecting nursing homes. Teams consist of a registered professional nurse (RN), a nutritionist and an environmental health practitioner. On some inspections, the teams may be joined by other professionals, such as life safety code experts. Complaint surveys are conducted by surveyors with expertise is the area involved in the allegations of the complaint.

“Illinois’ licensure surveys are generally conducted on-site over a three- to four-day period during which the state’s inspection teams evaluate all aspects of resident care and nursing home procedures and practices, assessing facility compliance with more than 1,500 specific state and federal standards. Samples of specific areas of care reviewed include resident rights, access to care, activities, assessment and care plans, health care and dietary services, housekeeping, staffing, quality of care and quality assurance.

“The Department’s evaluation may include an inspection of medical records, observation of resident care, inspection of all areas of the nursing home, and interviews of residents, family members, staff or other individuals. The Department also may evaluate the quality of resident care through an analysis of statistical data reported by nursing homes or by a review of reportable event information or other notices filed with IDPH. Reportable events include administrator or director of nursing personnel changes; interruptions of three or more hours of services essential to the health and safety of residents; alleged or suspected crimes investigated at the facility by police; and all fires, disasters, deaths or other risks to resident life or health resulting form accidents or incidents at the facility.

“Inspections in response to complaints are generally shorter in duration than licensure surveys and focus primarily on those areas of resident care alleged to be at fault. If, during the course of a complaint investigation, additional problems are uncovered, a full on-site inspection may be initiated.

“Nursing homes are inspected at least once every six to 15 months. The state average is once every 12 months. Nursing home inspections, whether standard or in response to complaints, are conducted without notice to the facility. Survey schedules are changed annually to make it difficult for facilities to anticipate when inspections will be conducted. Generally, facilities with poor surveys and numerous verified complaints are surveyed more frequently than facilities with deficiency-free surveys.

“Long-term care surveys are typically conducted on weekdays although survey teams can and have conducted inspections at night, on weekends and during holidays.

“At the conclusion of each inspection, the Department’s findings are shared with nursing home administrative staff in an exit interview and are included in a survey report that is forwarded to the facility. If the Department has determined that the nursing home failed to comply with all applicable state and federal licensure standards, the facility will be cited for deficiencies.”

You have the right to view your nursing home’s state inspections, say Illinois nursing home negligence lawyers. If you have questions about inspections or nursing home regulations, or believe your facility is in violation, contact a Chicago nursing home abuse attorney today.

Popularity: 24% [?]



December 1, 2008

The Importance of Illinois Nursing Home Regulations

Filed under: Chicago Nursing Home Abuse Attorneys — admin @ 9:23 am

Chicago nursing home abuse attorneys regularly represent victims of abuse and neglect. Often, these cases stem from a lack of oversight or regulation. It’s important to understand the role of licensing, regulation and inspection for Illinois nursing homes, say Illinois nursing home negligence lawyers.

Illinois has approximately 1,200 long-term care facilities serving more than 100,000 residents, from the young to the elderly. Nursing homes in Illinois are licensed, regulated, inspected and/or certified by a number of public and private agencies at the state and federal levels, including the Illinois Department of Public Health (IDPH) and the U.S. Department of Health and Human Services’ Health Care Financing Administration (HCFA). These agencies have separate — yet sometimes overlapping — jurisdictions.  The Department also assists the U.S. Centers for Medicare and Medicaid Services (CMS) with certifying these facilities for participation in federal payment reimbursement programs.

In addition to inspection by the state, some Illinois nursing homes are members of national accrediting organization, such as the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), which independently inspects member facilities to assess performance.

The Department’s Bureau of Long-term Care is responsible for making sure nursing homes comply with the provisions of the Illinois Nursing Home Care Act. In addition, under a cooperative agreement with CMS, the Department conducts certification surveys to ensure facilities receiving Medicaid (state) or Medicare (federal) money for resident payment abide by applicable federal regulations.

Each year, Department surveyors conduct about 10,000 surveys, including annual licensure inspections, complaint investigations and reinspections. The Department’s 24-hour a day Nursing Home Hotline (800-252-4343) receives nearly 19,000 calls and, as a result, staff respond to more than 5,000 complaints.

Source: Illinois Department of Public Health

By holding nursing home facilities accountable for violations, we can help prevent Illinois nursing home neglect. For more information on Illinois nursing home licensing, inspections and regulations, contact an Illinois nursing home negligence attorney today.

Popularity: 30% [?]





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