Illinois Nursing Home License Defense Attorney

Lawyer Advising Illinois Long-Term Care Facilities on IDPH Licensing, Investigations, and Disciplinary Actions

The Illinois Department of Public Health (IDPH) regulates, licenses, and inspects the state's 1,200 nursing homes, as well as nearly 500 assisted living facilities. The IDPH also defines standards of care and investigates complaints of substandard care, as governed by the Illinois Nursing Home Act (210 ILCS 45).

In addition to facility-level licensing, individual nursing home administrators (NHAs) must pass a national board exam and hold an NHA license issued by the Illinois Department of Financial and Professional Regulation (IDFPR), as governed by the Nursing Home Administrators Licensing and Disciplinary Act (225 ILCS 70). If a facility is charged with violations, this can affect the administrator's personal license and vice versa.

If you are the owner or administrator of a long-term care facility, your income depends on your state licensure. If you are having trouble obtaining or renewing your license or are facing disciplinary action, you will want to consult an attorney with significant experience in defending nursing homes against complaints and protecting your licensing.

At The Law Offices of Joseph J. Bogdan, Inc., we have a 16-year track record of success in helping nursing homes secure and defend their licenses, and we provide legal help to licensed professionals, helping them address a wide variety of issues that may threaten their career. Attorney Bogdan is dual-qualified as a pharmacist, and his first-hand knowledge of healthcare operations has proven invaluable to his clients.

Prior to opening his private law practice, Attorney Bogdan was a prosecutor for the Illinois Department of Financial and Professional Regulation (IDFPR), the state agency charged with investigating complaints against licensed healthcare professionals. He also served as Chief Pharmacist for the IDFPR, and in this role participated in nursing home inspections and prosecutions. This inside knowledge of the state licensing, complaint investigation, and disciplinary processes ensure that clients receive the skilled representation they need to obtain positive outcomes.

Illinois Licensing for a New Nursing Home

Prior to the opening of a new nursing home, the owner must first obtain a permit from the Illinois Health Facilities Planning Board, which ensures that the facility meets the required design and construction standards for long-term care facilities. The owner can then apply for a nursing home license. The IDPH will inspect the facility and grant a probationary license allowing the facility to begin accepting residents.

Illinois Nursing Home Licensing Surveys

The IDPH surveys (inspects) existing nursing homes roughly once a year. A multi-person licensure survey team will typically spend three or four days on-site, checking compliance with over 1,500 state and federal requirements. Any deficiencies (violations) are documented and the nursing home is typically given a period of time to correct them.

In response to violations, the IDPH may issue a penalty letter detailing the violations and imposing penalties. The IDPH has the power to impose fines (most commonly, $10,000 per violation), curtail admissions, appoint a temporary manager, or even suspend or revoke a nursing home's license. The IDPH can also report violations to the federal Centers for Medicare and Medicaid Services (CMS) and recommend sanctions. Nursing homes with repeat violations of federal licensing standards could have their CMS certification suspended or revoked.

Nursing homes may dispute survey findings and penalties and may request a formal hearing before an administrative law judge. At any time before or during the hearing, the IDPH and the nursing home may agree to a settlement.

Illinois Nursing Home Disciplinary Process

The IDPH receives thousands of complaints against residential care facilities each year. Some of the common nursing home complaints in Illinois include:

• Unethical or unprofessional conduct.
• Substandard care, such as poor service from staff, poor quality food, or medication errors.
• Employees with a substance abuse issue or a criminal conviction.
• Breach of patient confidentiality or failure to comply with the HIPAA Privacy Rule.
• Sexual harassment or abuse.
• Financial exploitation.

Some complaints can be resolved through documentation reviews and phone interviews with the facility. In other cases, IDPH will select a surveyor with expertise in the area of the complaint and send them out to do an on-site investigation. If this investigation reveals serious violations or individual misconduct, IDPH may schedule a disciplinary conference during which a settlement or consent agreement may be reached. IDPH may also file a formal complaint against the nursing home, which can result in a hearing before an administrative law judge. Penalties may be imposed similar to those stemming from a full licensing survey.

Choose a Skilled License Defense Lawyer

As soon as a nursing home administrator or owner becomes aware of a third-party complaint or a violation revealed by an IDPH survey, it is important to be proactive and respond quickly to the allegations. Speak to an experienced nursing home license defense attorney as soon as possible. Contact our Oak Brook law office at 630-310-1267.