SPRNGFIELD, IL – Illinois Governor JB Pritzker has signed a bill that offers whistleblower protections to nursing home residents who file complaints, seek assistance, or participate in investigations into abuse at facilities.
The measure is an amendment to the state’s existing Nursing Home Care Act, according to McKnights Long-Term Care News. It is aimed at safeguarding nursing home residents from retaliation if they report abuse or neglect.
Under the legislation, residents would be able to file civil lawsuits against nursing homes if they are threatened or face retaliation for reporting actions that occur within the facility. Nursing home residents will have up to two years to file lawsuits against their facility, licensee, or employees if they faced retaliation.
The definition of “retaliatory action” would be expanded under the legislation to include retaliation against residents of nursing homes in the form of reduced access to services, neglect, selective restrictions and other adverse actions that interfere with the quality of life and are related to their involvement in a protected activity.
Protected activities include complaining about or disclosing acts or policies that residents reasonably believe are in violation of law, rule or regulation. This includes providing information to a public body conducting an investigation, assisting with a proceeding, seeking assistance for themselves or others to transition to another setting outside of the current nursing home, making a request to the facility related to their care or becoming a member of a resident union.
“We cannot overlook seniors and residents in care,” Sen. Lakesia Collins (D-Chicago), the law’s Senate sponsor, said. “By enhancing protections, we are giving them the opportunity to fight back against retaliation and equipping them with stronger knowledge about their rights.”
The bill stipulates that nursing home staff members will be trained as a part of their job in preventing retaliatory action. They will also need to inform residents of their rights against retaliation and how to make a formal complaint annually.
“Nursing homes must be accountable to our most vulnerable residents, and with this law we can safeguard Illinois seniors from neglect,” Collins said. “Seniors deserve a standard of living with dignity and respect.”
If a nursing home can demonstrate that it would have taken a perceived retaliatory action regardless of any protected behavior from a resident, it will not be in violation of the law.
The bill will take effect at the start of next year.
A report in 2023 by researcher Eilon Caspi, PhD., was based on the experiences of nursing home residents who chose not to report or file grievances related to poor care because they were afraid staff members would retaliate. “Fear of retaliation is a pervasive problem that results in emotional, psychological, and physical harm to vulnerable and frail residents,” the report said. “In far too many U.S. nursing homes, retaliation is a tool to scare and muzzle residents.”
The Role of Whistleblowers in Fighting Nursing Home Abuse
Whistleblowers play a pivotal role in the fight against nursing home abuse and neglect by exposing misconduct and protecting vulnerable residents. Employees, former staff members, or others with insider knowledge are often the first to uncover and report instances of mistreatment within long-term care facilities.
Several federal laws offer protection to nursing home whistleblowers:
-The False Claims Act (FCA): This law allows individuals to file lawsuits on behalf of the government against nursing homes that fraudulently bill Medicare or Medicaid. Whistleblowers who initiate successful cases may receive a portion of the recovered funds.
-The Nursing Home Reform Act of 1987: This act establishes standards of care for nursing homes and protects the rights of residents. It also includes provisions that protect individuals who report violations of these standards.
-The Occupational Safety and Health Act (OSHA): OSHA protects employees who report unsafe working conditions, which can include situations that put residents at risk.
-The Elder Justice Act: Part of the Affordable Care Act, this legislation requires long-term care facilities to report suspected crimes against residents and protects individuals who make such reports.
Protecting Loved Ones From Nursing Home Abuse or Neglect
Nursing facilities are required to have policies in place for reporting abuse and must notify relevant authorities within specified timeframes. When you report through our service, we will ensure that the facility complies with these regulations and that the results of any investigations are reported to the appropriate authorities. We will also help you understand your legal options and, if necessary, connect you with experienced nursing home abuse attorneys.
Visit FreeNursingHomeAbuseReport.com to get started by filling out our simple contact form. By utilizing our free service, you can have confidence that your concerns will be addressed efficiently and effectively, with the ultimate goal of protecting your loved one and holding abusive facilities accountable.
