December 8, 2008
Enforcement Remedies for Illinois Nursing Home Violations: Part Two
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.
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