Because of their important role in providing for the care and health of their patients, Illinois nursing homes are subject to oversight from both the Illinois Department of Public Health (IDPH) and the federal Centers for Medicare and Medicaid Services (CMS) to ensure they are in compliance with regulations. With the additional risks that the COVID-19 pandemic poses for nursing home residents, additional guidelines have been put in place to promote their safety. Now more than ever, it is important for nursing homes to take the necessary measures to avoid violations that could impact their licensure.

Guidelines for Illinois Nursing Homes During COVID-19

Based on guidance from the Centers for Disease Control, CMS has issued guidelines for the safe operation of nursing homes and other long-term care facilities throughout the United States. For example, nursing homes must:

• Require staff to wear personal protective equipment (PPE), including masks, gloves, gowns, and visors
• Regularly screen residents, staff, and visitors for symptoms of COVID-19
• Use proper hand hygiene
• Follow a plan for testing and monitoring residents and staff for COVID-19
• Restrict visitation, communal dining, and group activities

CMS has also instituted a system for removing some restrictions in phases for nursing homes that are able to control the spread of COVID-19.

Illinois takes nonpayment of court-ordered child support very seriously. In an effort to encourage parents to stay compliant with child support orders, Illinois has enacted several “punishments” for non-paying parents. Parents who do not pay child support can face wage garnishment, property liens, and the suspension or revocation of their licenses. A parent who is in child support arrears can lose their driver’s license, hunting or fishing license, occupational license, and even their professional license.

Illinois Can Suspend Your Professional License After a 30-Day Delinquency

You might assume that only egregious nonpayment of child support can result in a license suspension or revocation. However, Illinois law states that even a 30-day delinquency is enough to prompt a professional license suspension. When a delinquent parent receives a notice about past-due child support, he or she has 60 days to pay current and past-due child support. The parent also has a 45-day window to request a hearing to contest the notice. If the parent fails to become current with child support, he or she is considered delinquent and is in danger of losing his or her licenses.

Professional Medical License Suspension or Revocation is Possible

When a person loses his or her fishing license, they simply lose access to legally enjoy their hobby. Losing a professional license, on the other hand, is a completely different situation. Without a valid professional license, you may not be able to legally continue doing your job. Failure to pay child support can result in the suspension or revocation of your:

Here in the state of Illinois, nursing homes are regulated and monitored by the Illinois Department of Public Health (IDPH). The IDPH is responsible for disciplining nursing homes in which forms of reckless treatment or negligence has taken place. Even if just one of your employees has acted in a negligent manner, those actions alone could warrant an investigation. If your nursing home is under investigation, it is possible that you could be facing a severe form of disciplinary action, from the IDPH, and you should contact your legal team immediately. Understanding and communicating the most common forms of negligent nursing home behavior, to your staff members, could help you avoid an investigation.

Common Forms of Neglect

Approximately two million elderly Americans claim that they have faced some form of abuse from a caregiver. While nursing home neglect can come in various forms, and even the most minor complaints can lead to an investigation by the IDPH, understanding the most common forms of neglectful or abusive behavior can save you from a costly lawsuit.

Physical Abuse: Overt physical abuse should result in an immediate termination of an employee. From striking or pushing a patient to restraining them with ties to administer medication, any complaints of physical abuse will likely warrant an immediate investigation. Physical abuse from a caregiver can lead to long-term mental and physical health ramifications, and should not be taken lightly.

Learning that you are being investigated for a breach of a code of conduct or regulatory rules can be unnerving. How people react to this information varies. At one end of the spectrum, people ignore the investigation. At the other end, people rush to defend themselves in any way, often by speaking with an investigator.

While it is important not to ignore the proceedings against you, we see many professionals make the mistake of speaking to investigators without the benefit of an attorney. Often these people believe that they can clear up confusion or nip allegations in the bud by being forthcoming.

Giving a statement to someone with a regulating agency such as an investigator, auditor, special agent or surveyor is almost always a mistake. These investigators will likely have done a lot of research before contacting you, and nothing you say at this juncture will put an end to the investigation.

The Illinois Department of Financial and Professional Regulation allows licensees who have certain public disciplines on their records to classify them as confidential seven years after the disciplinary offense occurs. Specifically, the opportunity exists for licensees who have been disciplined for: failing to pay taxes or student loans; failing to complete the required number of continuing education credits; failing to renew a license on time; failing to obtain or renew a certificate of registration or ancillary license; violating rules related to advertising; or any ground for discipline that has been removed from the relevant licensing Act. When IDFPR grants these applications, the affected disciplinary actions are considered expunged.

The Law Offices of Joseph J. Bogdan, LLC can assist with expunging disciplinary actions or any other issues related to professional licenses. Contact our Illinois professional license defense lawyers at 630-310-1267.