We’ve discussed, on a few occasions, the ongoing saga of the Joliet nursing home that is in the process of losing its license to operate as a long-term care facility after numerous investigations by the Department of Public Health of allegations of patient abuse.
With this in mind, revoking a license sounds like (and is) a stern remedy, and many potential clients often wonder who makes this decision? What are the criteria?
The authority to suspend or revoke a nursing home’s license is found in Section 3-119 of the Nursing Home Care Act (210 ILCS 45/3-119), which provides, in relevant part to this discussion, as follows:
Sec. 3-119. (a) The Department, after notice to the applicant or licensee, may suspend, revoke or refuse to renew a license in any case in which the Department finds any of the following:
(1) There has been a substantial failure to comply with this Act or the rules and regulations promulgated by the Department under this Act. A substantial failure by a facility shall include, but not be limited to, any of the following:
(A) termination of Medicare or Medicaid certification by the Centers for Medicare and Medicaid Services; or
(B) a failure by the facility to pay any fine assessed under this Act after the Department has sent to the facility at least 2 notices of assessment that include a schedule of payments as determined by the Department, taking into account extenuating circumstances and financial hardships of the facility.
(2) Conviction of the licensee, or of the person designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, during the previous 5 years as shown by a certified copy of the record of the court of conviction.
(3) Personnel is insufficient in number or unqualified by training or experience to properly care for the number and type of residents served by the facility.
(4) Financial or other resources are insufficient to conduct and operate the facility in accordance with standards promulgated by the Department under this Act.
(5) The facility is not under the direct supervision of a full-time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act [225 ILCS 70/1 et seq.].
(6) The facility has committed 2 Type “AA” violations within a 2-year period.
Within the context of the article, one can imagine a number of reasons for the Department of Public Health to revoke the facility’s license. Interestingly enough, setting aside all of the allegations within the article for just a moment, the fact that the facility lost its Medicare certification alone would be grounds for revoking its license in accord with Section (1)(A) of the statute above.
When examining a suitable nursing home for your loved one, it is important to keep factors such as these in mind, even if for nothing else as a guide as to what you should “keep your eye out” for.
You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have anyquestions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect – in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters – large or small.