Incidents involving personal injury to nursing home residents must be reported to the Illinois Department of Public Health (“IDPH”) within 24 hours. 77 Ill. Admin. Code 300.690. Such reports often prompt the IDPH to initiate an investigation into the incident reported.
In addition to investigations and possible sanctions by the IDPH, as well as other state and federal regulatory bodies, Illinois nursing homes can also be subject to private causes of action brought by a resident or a resident’s family arising from alleged abuse and neglect of a resident. Often, such claims are asserted under the Illinois Nursing Home Care Act (“NHCA”), which creates a private cause of action for violations of certain rights held by nursing home residents and enumerated in the NHCA. See 210 ILCS 45/3-601, 3-602, 3-603.
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