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Nursing Home Complaint Regarding Abuse

One of the most important rights that nursing home residents have is to be free of abuse while residing in a nursing home. Any form of abuse of abuse is a valid ground for filing a nursing home complaint with the Illinois Department of Public Health.

The relevant federal regulations provide:

(b) The resident has the right to be free from verbal, sexual, physical,
and mental abuse, corporal punishment, and involuntary seclusion.    
(c) Staff treatment of residents. The facility must develop and implement 
written policies and procedures that prohibit mistreatment, neglect, and
abuse of residents and misappropriation of resident property.
    (1) The facility must--
    (i) Not use verbal, mental, sexual, or physical abuse, corporal 
punishment, or involuntary seclusion;
    (ii) Not employ individuals who have been--
    (A) Found guilty of abusing, neglecting, or mistreating residents by a 
court of law; or
    (B) Have had a finding entered into the State nurse aide registry 
concerning abuse, neglect, mistreatment of residents or misappropriation 
of their property; and
    (iii) Report any knowledge it has of actions by a court of law against
an employee, which would indicate unfitness for service as a nurse aide or
other facility staff to the State nurse aide registry or licensing 
authorities.
    (2) The facility must ensure that all alleged violations involving 
mistreatment, neglect, or abuse, including injuries of unknown source, and 
misappropriation of resident property are reported immediately to the 
administrator of the facility and to other officials in accordance with
State law through established procedures (including to the State survey
and certification agency).
    (3) The facility must have evidence that all alleged violations are 
thoroughly investigated, and must prevent further potential abuse while
the investigation is in progress.
    (4) The results of all investigations must be reported to the 
administrator or his designated representative and to other officials in 
accordance with State law (including to the State survey and certification
agency) within 5 working days of the incident, and if the alleged violation
is verified appropriate corrective action must be taken.

Abuse (483.13(b)-(c))

Section (b) establishes the right of nursing home residents to be free from abuse and defines that various forms of abuse that violate the resident's rights.

Section (c) creates a series of obligations on the nursing home. These include:

  • An obligation to not abuse the residents;
  • To not employ people who have been shown to have abused residents;
  • For employees to report episodes of abuse, including injuries of an unknown source;
  • For the administration to investigate episodes of abuse; and
  • For the administration to report the results of the investigation to the state.
Submit Your Claim Now
The submission process was easy to use and very straightforward. After submitting my complaint, I received confirmation from the Illinois Dept. of Public Health that they had received my complaint and would be investigating the nursing home.

-S.B., Filed nursing home complaint about Provena McAuley Manor in Aurora Illinois

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