Key Takeaways
Illinois ranks 47th in nursing home care, with private owners prioritizing profits over residents' safety. Understaffing and inadequate insurance lead to poor care and preventable injuries.
Nursing home owners use tactics like shell companies and quick sales to avoid liability for injuries. These actions make it difficult for families to hold them accountable in lawsuits.
The Illinois Nursing Home Care Act allows families to hold negligent facilities accountable. Legal action uncovers hidden details and pressures nursing homes to improve care and ensure staff safety.
Illinois nursing home care quality continues to decline, with the state ranking 47th out of 50 nationally, a tragedy for residents and their families. This crisis is largely attributed to a lack of accountability, especially among privately-owned nursing homes that prioritize profits over quality care. These facilities often employ unscrupulous tactics to circumvent state regulations and avoid liability, such as intentionally underinsuring, quickly switching ownership to evade legal judgments, and operating as shell LLCs to obscure true profits and ownership.
The Illinois Nursing Home Care Act was passed in 1979 to protect residents and hold nursing homes accountable with help from private lawyers. However, some loopholes have made the law less effective, leaving many victims of abuse and neglect without justice. It’s important for lawmakers to fix these issues by requiring nursing homes to have enough insurance, making their finances more transparent, including full information about who owns them, and ensuring nursing homes are held accountable even if the ownership changes. A strong legal system is key to improving care and making sure nursing homes take responsibility for their actions.
Margaret Battersby Black Featured in Daily Herald for Her Insight on Nursing Home Law Reform
In a recent article published by the Daily Herald, Margaret Battersby Black, managing partner at Levin & Perconti, provides valuable legal insight on the topic. Margaret’s recommendations for reform aim to hold all those who profit from nursing home operations legally accountable, thereby encouraging better care and preventing nursing homes from evading financial responsibility to the families utilizing their services.
- Require adequate levels of insurance for nursing homes. She highlights the inconsistencies in state law. If someone is pulled over while driving, we require proof of insurance to drive a car, but allow nursing homes to operate with little to no insurance.
- Demand more financial transparency from nursing homes. This involves cracking down on practices like “real estate camping,” where owners obscure or hide the true ownership of their properties and business entities to hide profits and avoid litigation. She calls for full disclosure of ownership.
- Prevent nursing homes from avoiding litigation by switching ownership. She asserts that nursing home owners must remain accountable for incidents that occurred on their watch, regardless of whether they still own the facility.
- Tying increases in state funding for nursing homes to greater transparency regarding how the money will be spent, ensuring it is directed towards direct patient care.
The nursing home industry has powerful lobbyists in Springfield, but the best way for nursing homes to avoid litigation is to provide better care for residents and staff their facilities adequately with trained and supervised employees.
Levin & Perconti: Pioneers in Nursing Home Litigation
At Levin & Perconti, we’ve always believed that legal advocacy helps drive reform. Margaret’s leadership in the fight for nursing home accountability remains unwavering. Our nursing home abuse attorneys are committed to ensuring dignity, transparency, and justice for Illinois’s most vulnerable. If your loved one is suffering in a nursing home or assisted living facility, do not wait to take action. Contact our legal team for a free case review. We’re standing by to advocate for you.
