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.