The Basics of Nursing Homes

What is a nursing home? Facility that provides 24 hour care Staffed by licensed nursing professionals Residents may receive assistance with any and all tasks of daily living

What is a nursing home? What is a nursing home not? – Assisted living/Supportive living – 210 ILCS 9 Private rooms Residents get assistance with limited tasks – Independent living community Private apartments No assistance with tasks of daily living Communities/buildings with an exclusively senior population

Nursing Home Specialties Behavioral health – Units with a special proficiency in caring for persons with severe mental illness Subpart S of Skilled Nursing and Intermediate Care Facilities Code Memory Units – Units with a special proficiency in caring for seniors with Alzheimers or dementia Subpart U of Skilled Nursing and Intermediate Care Facilities Code Non-Specialized Skilled Nursing – Highest level of certification for facilities

Residents’ Rights Goal of Residents Rights – Nursing home residents should be able to make all the same decisions and have the same options as people living in the community Many rights can be limited by a guardian – But a guardian can exercise all these rights on behalf of the ward

All rights guaranteed by the Constitution – 210 ILCS 45/2-101 Manage own financial affairs – 210 ILCS 45/2-102 – Can choose to have nursing home manage finances Keep own personal property – 210 ILCS 45/2-103 – Facility is required to provide storage and safeguarding Residents’ Rights

Have your own physician – 210 ILCS 45/2-104 – Nursing home does not have to let your physician practice in the nursing home but you must be able to go and visit your physician if you so choose Participate in the planning of your care – 210 ILCS 45/2-104 – Go to care plan meetings – Get information about side effects etc. Residents’ Rights

Be free of experimental treatment without your consent – 210 ILCS 45/2-104(a) Refuse medical treatment – 210 ILCS 45/2-104(c) – Including psychiatric medications Freedom from unnecessary drugs – 210 ILCS 45/ (a) Informed consent to psychotropic medication – 210 ILCS 45/ (a) No ID wristlet unless specifically ordered by physician – 210 ILCS 45/2-106a Residents’ Rights

Regular re-screening if diagnosed with a serious mental illness – 210 ILCS 45/ Respect – 210 ILCS 45/2-105 Privacy– 210 ILCS 45/2-105 Confidentiality ILCS 45/2-105 Residents’ Rights

Freedom from restraints if used for – 210 ILCS 45/2-106(b) – Punishment – Convenience of facility personnel Restraints may be used only if ordered by a physician ILCS 45/2-106(b) Some facilities have instituted a “restraint-free” policy – There is no certification for this Residents’ Rights

Inspect and copy resident’s own clinical records – 210 ILCS 45/2-104(d) – Nursing home can charge a statutory fee for copies Unimpeded, private and uncensored communication – 210 ILCS 45/2-108 – By mail – By telephone – By visit Including the right to reside in the same room if two residents are married Residents’ Rights

Right to free exercise of religion, including – 210 ILCS 45/2-109 – Arrangements to attend religious services – Freedom from imposition of religion Right to receive notice prior to involuntary discharge – 210 ILCS 45/3-402 Freedom to be discharged after giving notice – 210 ILCS 45/2-111 Right to refuse to perform labor – 210 ILCS 45/2-113 Right to air grievances – 210 ILCS 45/2-112 Residents’ Rights

What Can You Do If Rights Are Violated? Complain to Illinois Department of Public Health Call the Long Term Care Ombudsman Sue under the Illinois Nursing Home Care Act

Long Term Care Ombudsman What are our goals? – Empower residents to advocate for themselves – Advocate for residents – Improve quality of life for residents What do we do? – Intake line – Visit nursing homes and assisted/supportive living Quarterly visits are required – Investigate and potentially respond to specific complaints Look at records Speak to family/friends/nursing home staff File/prepare public benefits applications Represent in administrative hearings File suit in circuit court

How to contact us Chicago Ombudsman – (312) – Regional Ombudsman – Bernard Cobbins Suburban Cook County Ombudsman – (888) – Regional Ombudsman – Kathy Swanson Where to find Ombudsman contacts for other counties –

Key Points To Know About the Ombudsman We are resident-directed We will always talk to the resident to get permission to investigate – EVEN if there is a guardian We can take direction from a guardian once we determine that a resident cannot assist us or if the Resident agrees

Working Together What we can do – Refer relatives/friends of residents to programs which can help them get guardianship (eg CVLS) What you can do – Be a complainant when you see/hear something wrong Need not be directly related to the guardian/ward relationship (ie concerns which you could not bring to the probate judge) – Refer guardians to long term care Ombudsman Use the relationship you have built to get them to assistance We can provide specific nursing home related information We can direct a guardian to appropriate resources

Thank you! Questions? Please feel free to contact me with further questions at: