December 23, 2009
Nursing Home Violations Need Enforcement
In the state of Illinois, nursing home neglect is on the rise. Many nursing homes have been cited for violations, yet enforcement on the violations is weak. All long-term care facilities need to be held accountable for violations and make appropriate corrections.
The Illinois State Department of Health can impose fines, appoint a temporary manager, curtail admissions, suspend or revoke a nursing home’s license, close a facility, issue a provisional license among other remedies for violations of statutes as provided by state or federal law. According to Illinois nursing home negligence lawyers, many nursing homes are given the opportunity to correct less serious issues without penalty or fines.
Chicago nursing home abuse attorneys have found the most common penalty imposed by the Department of Health is a $10,000 per violation civil monetary fine. Federal standard’s fines can range from $50 to $10,000 daily. The Illinois State Department of Health can only impose state fines. It must recommend to CMS for a federal fine to be imposed. CMS either modifies or waives the recommended fine depending on how the particular facility cooperated with the cited deficiencies.
Nursing homes with repeat or severe violations of licensing standards and Illinois nursing home neglect can have their Medicare or Medicaid certification suspended or revoked by CMS. When the facility is under this sanction, they do not receive reimbursement for services given to residents on these programs. Because many residents are on one of these programs, the cost to the nursing home can be astronomic.
Nursing home violations need strict enforcement for change to occur. Illinois nursing home negligence lawyers believe proper oversight of nursing home facilities can protect our loved ones from neglect and abuse.
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