4 Issues That May Affect a Nursing Home’s License

 Posted on May 21, 2024 in Professional License Defense

Nursing homes play a critical role in providing care to the elderly and those who are unable to fully care for themselves due to physical or mental disabilities. However, maintaining a nursing home license requires strict adherence to regulatory standards that are designed to ensure the safety and well-being of residents. Failure to meet these standards can lead to severe consequences, including disciplinary actions, fines, or even license revocation. An attorney who has experience in matters related to nursing home license defense can provide effective legal representation for facilities that could face disciplinary action.

Common Reasons for Nursing Home Discipline

There are numerous issues that can trigger disciplinary actions against a nursing home. Some common concerns that may lead to investigations and discipline include:

• Regulatory non-compliance: A facility may be accused of committing health and safety violations involving issues such as inadequate sanitation, improper medication management, or insufficient safety procedures. Failure to maintain proper staffing levels or provide adequate training for staff members may lead to accusations of neglect or poor resident care.

• Abuse and neglect: Any physical harm caused to residents by staff or other residents may lead to disciplinary action. A nursing home may also be accused of neglect if it fails to provide for residents’ basic needs, such as food, shelter, or medical care.

• Mismanagement of funds: A nursing home may be accused of improper billing practices or other forms of financial impropriety that affects patients.

• Violation of residents' rights: Failure to respect the privacy of residents in their personal spaces or during medical treatment may lead to license discipline. A nursing home may also face accusations that staff members have engaged in unjustified restrictions of residents’ freedom to participate in social or personal activities.

How Disciplinary Action Can Affect a Nursing Home

When a nursing home is investigated for the issues described above, it may face far-reaching consequences, including:

• Reputational damage: Public reports of non-compliance or abuse can lead to a decrease in community trust and fewer admissions.

• Financial penalties: Fines and other penalties can strain a nursing home’s financial resources, impacting its ability to fund operations or improvements.

• Operational restrictions: In some cases, a facility might face temporary management overhauls, or it may even be forced to cease operations until it can demonstrate compliance with the applicable laws and regulations.

• License revocation: In the most severe cases, a facility’s ability to operate may be terminated, leading to permanent closure.

How Nursing Homes Can Maintain Compliance

Nursing homes can take proactive steps to avoid disciplinary action:

• Regular training and education: Staff members should be trained on the latest care standards, emergency procedures, and resident rights to ensure that they will always be able to provide high-quality care. Management should also stay up to date on legal and regulatory changes and best practices in facility management.

• Compliance audits: A nursing home should regularly review its procedures and practices to ensure that it meets regulatory standards. Third-party audits may also be conducted to provide an unbiased review of compliance and management practices.

• Implementing and enforcing clear policies: A nursing home can develop clear, actionable policies that cover all aspects of operations, from resident care to staff conduct and financial management. It can also establish transparent mechanisms for reporting and addressing complaints.

• Community and family engagement: A nursing home can take steps to keep families informed about their loved ones' care and any significant changes in the facility. Engaging with the local community through events and open houses can also build trust and transparency.

Contact Our Chicago Nursing Home License Defense Lawyer

By recognizing potential issues early and addressing them proactively, nursing homes can ensure they will be able to continue to provide safe and effective care for residents. For guidance on maintaining compliance with state regulations or responding to complaints and defending against disciplinary action, contact the Illinois nursing home license defense attorney at The Law Offices of Joseph J. Bogdan, Inc. by calling 630-310-1267 and scheduling a free consultation.