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Illinois State Issue

Should Illinois regulate its #nursinghomes even further to prevent possible elder abuse?

"Illinois on track to stop #nursinghomeabuse" Aug 13, 2024

#Illinois leads the way in curbing #elderabuse. Though there is still work to do, the state is on track to achieve its goal of regulating #nursinghomes. The state ranks third nationally for best nursing homes in 2020-2021, after California and Florida. This indicates that Illinois is achieving adequate safeguards against nursing home abuse.

Out of 720 nursing homes in Illinois, 155 are five-star rated, and there are 175 special focus facilities. The Centers for Medicare and Medicaid Services mention very few instances have been reported of “physical harm to residents or potential harm that could have caused abuse or neglect.”

However, in 2018 more than 20,000 elder abuse-related deaths were reported, prompting many changes. Governor J.B. Pritzker expressed great concern, calling every case unacceptable and setting the tone for a new approach to combat elder abuse in Illinois. He announced the establishment of an Elder Abuse Task Force to look into the issue and take appropriate measures to stop the abuse of seniors in nursing homes by caregivers or family members.

The task force comprised 22 members, including experts, police officers, lawmakers, heads of public organizations, senators from Illinois, the state police chief, and a designated state ombudsman for long-term care. Its scope covered many areas to ensure every senior in the state remains safe regardless of age or ability. 

The task force was empowered to look into the current protective practices and suggest ways to enhance their ability to protect seniors in the state. It looked into training resources and best practices in different parts of the world and incorporated them. Members looked into barriers to prosecution that increased the possibility of abuse and increased public awareness on the topic, going beyond easy-to-see physical abuse to cover emotional and psychological abuse that may be difficult to recognize. 

While the task force's work is expected to improve safeguards against elder abuse in Illinois, the state administration is also acting to bring more accountability to the nursing home system. The Elder Abuse and Neglect Act allows any person to report any suspected elder abuse to law enforcement. It outlines funding of organizations by the Illinois Department on Aging so that they can help seniors facing an increased risk of abuse by caregivers or family members.

The act also mandates reporting elder abuse by social workers, policemen, teachers, and doctors. When a state agency is informed about potential abuse, a protective services caseworker visits the place where the senior lives and interviews them and others. If the abuse, or risk of abuse, is confirmed, the agency makes a protection plan in consultation with the victim and sets up services under an appointed guardian to help them.

Illinois has a statewide Senior HelpLine at (800) 252-8966 (toll-free) and (800) 279-0400. Those in nursing homes can report situations directly to the Health Care Complaint Hotline at (800) 252-4343, and residents of supportive living facilities also have a dedicated SLF Complaint Hotline (800) 226-0768.

The Illinois Domestic Violence Act also protects victims of elder abuse at home. It broadly defines abuse, including assault, emotional trauma, threats, psychological distress, physical force, sexual exploitation, harassment, restraining, confinement, subject recklessness by caregivers, financial loss, and forced action. A judge can order an abuser not to come near or contact the victim, to return property or money in elderly abuse cases, and can impose punitive damages. The office of the state attorney helps seniors obtain an order of protection.

It is a criminal offense under state law if a caregiver endangers a senior's life, health, or mental condition. Abandoning a senior, intimidating, depriving, or harassing them, or interfering with their freedom can be a Class 3 felony. Financial exploitation has a 7-year statute of limitation, and the abuser may be ordered to return the misappropriated property or money within 60 days.

Illinois has put in place many laws and support systems for seniors to report and get relief from abuse by family members and caregivers at nursing homes. These measures are enough to protect the elderly from #nursinghomeabuse.

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