Was the Nursing Home Reform Act Successful?

 Posted on February 12, 2025 in Personal Injury

Many families have no choice but to place their elderly loved ones in nursing homes so they get proper care. Unfortunately, seniors in long-term care facilities are often vulnerable and subject to neglect and abuse. In 1987, the U.S. Congress passed the Nursing Home Reform Act (NHRA) to improve standards and reduce the effects of inadequate care.

Although this Act did improve care somewhat, there are still various concerns. Federal and State governments continue to introduce legislation to protect the nation’s elderly. Still, some of the roughly 64,000 Illinois nursing home residents continue to suffer harm. If your loved one is injured or otherwise suffers from nursing home negligence, one of our dedicated Aurora, IL personal injury lawyers can take action against the at-fault parties.

What Is the NHRA Bill of Rights?

As part of the sweeping reform enacted by the NHRA, nursing home residents were granted several rights, including the right to refuse treatment, take part in determining their care plan, manage their own finances personally or through a designated representative, choose their own physician, and voice complaints without retaliation, in addition to the right to privacy.

This bill also stated that residents should be free from mistreatment, abuse, and neglect. For example, chemical and physical restraints should not be used for the staff’s convenience. In addition, various requirements were imposed on long-term care facilities to enhance patient care standards.

What Other Legislation Governs Nursing Homes?

On June 21st, 2024, new staffing minimums set by the Centers for Medicare & Medicaid Services went into effect. These rules are due to be implemented over the course of a few years, with the final deadline in May 2028. In 2022, Illinois passed a new law that ties nursing home funding to meeting staffing requirements.

Often, staffing shortages are blamed for the harm suffered by nursing home residents. Hopefully, the new laws mandating minimum staffing requirements will reduce or eliminate negligence.

What Kinds of Harm Can Neglected or Abused Nursing Home Residents Suffer?

Many kinds of damage can result from nursing home negligence, including:

• Physical injuries like bedsores, broken bones from falls, and bruising from being struck

• Emotional damage from neglect, belittlement, or isolation

• Illnesses from delayed or inadequate medical attention, the use of chemical restraints, or untreated infections

• Financial loss from financial exploitation

• Physical, mental, and emotional harm from sexual abuse

• Dehydration and malnutrition due to neglect

If your elderly loved one’s situation qualifies for compensation, damages could include the costs of medical treatment and various forms of pain and suffering. Your family member may not be able to communicate her injuries, so you should check on her regularly. Do not just listen to what she says; look for warning signs that could mean something is wrong.

Consult an Experienced Aurora, IL Nursing Home Negligence Attorney

When your elderly family member is suffering from nursing home negligence, a determined Kane County, IL personal injury lawyer from Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can pursue compensation on your behalf. Schedule your complimentary consultation online or by calling 630-907-0909 today.