Lately health care has been a hot topic of discussion. But beyond having effects on the private health insurance market, it has far-reaching consequences that could potentially affect you or a loved one if you are planning to file an Illinois nursing home negligence lawsuit.
The Patient Protection and Affordable Care Act (PPACA) is part of the 2010 health care reform signed into law by President Barack Obama, and with the rise in nursing home abuse cases in Illinois it could not have come at a better time.
Recent federal reports show that more than 30% of Illinois nursing homes have been cited for abuse. The scariest part is that nursing home abuse statistics show that most cases of nursing home abuse are never even reported. Although many nursing homes do better than others to ensure the well-being of their residents, the truth is that our Chicago nursing home neglect attorneys see hundreds of cases a year involving death, sepsis, malnutrition, dehydration, and other potentially avoidable injuries resulting from improper medical care.
Because there are so many horrifying and devastating cases of nursing home negligence in Illinois and all over the country, recent health care reforms had to take a stand. PPACA put into law a number of rules that nursing homes that have been forced to close must follow, and they may affect your rights as a victim.
As per PPACA, if a nursing home is forced to close:
1. The Administrator must notify legal representatives (and other responsible parties) of the residents of the facility’s closure, in writing.
2. After the notification deadline, the nursing home may not accept any new residents or patients.
3. The nursing home must take steps to review each resident’s file, and included with the written notification of the facility’s closure must be an individualized appropriate plan for transfer and relocation of each resident.
4. Finally, if the nursing home administrator does not fulfill the terms of the transfer plan and notification, he or she may be fined up to $100,000, and be banned from participation in Medicare and Medicaid programs.
So what does this mean to you?
If you or a loved one are or have been a resident of a facility that has been forced to close and you have not been appropriately notified or given a plan for relocation to another care facility, you may have a valid claim. A Chicago nursing home attorney may be able to help you.
The elderly are a cherished and valued part of our community. Fortunately the laws are taking steps to protect their health and dignity.