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If you believe that a nursing home has violated your rights or the terms of your contract, you may take the following actions. You do not have to do them in order. You may take more than one action on the same issue:
- File a grievance
- File a complaint with the Long-Term Care Ombudsman.
- File a complaint with the Illinois Department of Public Health
- File a private lawsuit
A resident may file a grievance or complaint to the:
- Nursing home administrator,
- Nursing home’s residents' advisory council, or
- Long-term Care Advisory Board.
The facility may not retaliate for your filing complaints. They cannot threaten you for filing your complaint. The facility also cannot restrain you from filing your complaint, interfere with your complaint, or coerce you into not filing your complaint. The resident’s advisory council may also present complaints on behalf of a resident. It can present them to the Illinois department of Public Health or to any other person it thinks is appropriate.
The Long-Term Care Ombudsman Program is operated by the Illinois Department on Aging. Ombudsmen are advocates for nursing home residents. They provide information to residents regarding rights, options, supports and available services. They have a duty to investigate and resolve complaints. This is to improve their client’s quality of life and quality of care.
They work with nursing homes to resolve the residents’ problems. They also provide residents with alternatives if the matter is not resolved. Regardless of who made the complaint, the ombudsman is required to follow the resident’s wishes. You can find contact information for the one who works in your county by:
- Visiting the Illinois Department on Aging's website
- Calling the Illinois Department on Aging, Senior Helpline at (800) 252-8966
- Writing to the Illinois Department on Aging at 421 E. Capital Ave., Springfield, IL 62701
Anyone may file a complaint with Illinois Department of Public Health (IDPH). They can file if they believe that a nursing home is abusing, neglecting or exploiting a resident or is otherwise violating the Nursing Home Care Act.
Complaints may be sent to IDPH by phone, mail or fax. If you are calling in the report, have the following facts:
- Who is the resident? Who are the employees involved?
- What happened to the resident?
- When did this incident occur?
- Where is the facility located (name and city)? Where in the facility did the incident occur (room number, unit, or department)?
- How was the patient harmed? How could the patient have been potentially harmed?
Mail or fax the complaint to:
Illinois Dept. of Public Health
Attn: Central Complaint Registry
535 W. Jefferson St.
Springfield, IL 62761
Fax: (217) 524-8885
To file a complaint by phone, contact the IDPH Central Complaint Registry. Their number is (800) 252-4343 or TTY for the hearing impaired at (800) 547-0466. They are available Monday-Friday 8:30 A.M. to 4:30 P.M.
Illinois Department of Public Health investigation
After receiving your complaint, IDPH will conduct an investigation. IDPH must investigate abuse and neglect complaints alleging that a resident's life or safety is in danger within 24 hours after receipt. All other abuse and neglect investigations must be completed within 7 days. Investigations concerning non-abuse and neglect allegations are to be completed within 30 days. If the investigation finds that the facility is in violation of the Nursing Home Care Act, IDPH will send a notice of the violation to the facility.
IDPH will not require you to give your name when you file a complaint. But if you do not give your name, IDPH will be unable to notify you of the outcome of their investigation. IDPH will not reveal your identity without your permission. If IDPH determines that disclosure of your identity is essential to the investigation or a judicial proceeding, you will be given the opportunity to withdraw the complaint.
The facility cannot retaliate against you because you make a complaint. They cannot retaliate against you because you provide information in connection with an IDPH investigation.
After completing the investigation, IDPH will notify you and the facility of the results. If IDPH decides that the facility has violated the Nursing Home Care Act, it can impose fines and other penalties on the facility. In extreme cases, it can revoke the facility's license.
You may [no-lexicon]appeal[/no-lexicon] the determination
If IDPH determines that the facility did not violate the Nursing Home Act, you can file an appeal. You must make the appeal in writing. It must be filed with IDPH within 30 days of the notice of the investigation findings.
IDPH will hold a hearing to find whether the investigation was adequate. They will find whether it resulted in a correct determination. You are entitled to appear and testify at the hearing. You can have an attorney represent you. The hearing officer can require other people to appear and testify or provide evidence. Following the hearing, the Director of IDPH will send you a written decision.
If the IDPH hearing officer rules against you, you are entitled to file a complaint. You can file it in the circuit court of the county where you reside. You must file it within 15 days of the IDPH written decision. A judge will decide whether the hearing officer properly considered the facts and applied the law. The judge can uphold or reverse IDPH’s decision. The judge can also send the case back to IDPH to provide more information or take an action.
You can file a lawsuit against a nursing home if its agents or employees violate your rights or if they injure you. It doesn't matter whether it was done negligently or intentionally. You can also bring an action if they violate the terms of your contract.
If you file a lawsuit and the judge or jury decides that the facility violated your rights, the judge can require the nursing home to pay you compensation for three times your losses or $500. Whichever is greater, that is what the nursing home must pay you. They also must pay your court costs and attorney's fees. The judge also can enter an injunction. This is a court order requiring the nursing home to stop doing something such as violating your rights.
When the state determines your eligibility for medical assistance (Medicaid), the amount of damages recoverable are exempt from consideration. They are not to be used toward the payment of medical care or services received under Medicaid.
The facility cannot transfer, discharge, evict, harass, or retaliate against you for filing a lawsuit. They also cannot for providing testimony in connection with a lawsuit filed by someone else.
More legal resources
Seniors
There are local legal assistance providers who provide free legal services to Illinoisans 60 years of age or older. They advocate for and represent older clients in civil cases. Some of the cases they may assist you with include nursing home residents’ rights. Others include conflicts with benefit programs such as Medicare, Medicaid, Social Security, and pensions. To find the program for your county:
- Call the Illinois Department on Aging, Senior Helpline at (800) 252-8966, or
- Look on the Illinois Department on Aging website.
Disabled residents
Nursing home residents who are not over the age of 60 and reside in a nursing home because of a disability may request assistance from:
Equip for Equality, Inc.
20 N. Michigan Ave., Suite 300
Chicago, IL 60602
(312) 341-0022
(800) 537-2632 (Voice)
(800) 610-2779 (TTY)
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