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Rising Danger of Nursing Home Injury: Federal Review Stayed Until 2022

Nursing home residents in Indiana and Illinois are vulnerable to a wide variety  of injuries caused by either abuse or neglect, and never more so than in 2020, as the Coronavirus Pandemic has limited visitation and access to loved ones who live in a local nursing home or care facility. 

For more on nursing home injury dangers in our part of the country, read:

Vital Federal Ranking System for Nursing Homes Warns of Injury Risk

Of particular importance in the monitoring and oversight of nursing home standards and quality of care in both Indiana and Illinois is the work performed by the Centers for Medicare and Medicaid Services (CMS).  The CMS has an established rating and review system that is nationwide in scope and available for anyone to review at the CMS’ Nursing Home Compare website.

Based upon things like surveys and facility reporting, the CMS periodically publishes a state-by-state roster of nursing home facilities, ranking them on a scale of one-to-five stars.  The facility’s ranking is established based upon three factors:  

  • Health inspections;
  • Staffing; and
  • Quality of resident care measures.

Considerations include all sorts of detailed information that impacts the standard of living for the resident, from things like (1) percentage of long-stay residents experiencing one or more falls with major injury; (2) percentage of long-stay residents who have symptoms of depression; and (3) percentage of short-stay residents who were re-hospitalized after a nursing home admission.            

Facilities with a one-star rating are considered substandard.  Facilities with a five-star rating are exceptional in care.

Indiana Nursing Homes: CMS Rankings

The Nursing Home Compare Website shows 534 nursing homes operating in the State of Indiana. The CMS rankings for Indiana Nursing Homes tallied as follows:

  • 117 received five stars, and are considered “much above average;”
  • 116 received four starts and are considered “above average;”
  • 114 received three stars and are considered “average;”
  • 2 received two stars and are considered “below average;”; and
  • 1 received one star and is considered “much below average.”

Illinois Nursing Homes: CMS Rankings

The Nursing Home Compare Website shows 715 nursing homes operating in the State of Illinois. The CMS rankings for Illinois Nursing Homes tallied as follows:

  • 171 received five stars, and are considered “much above average;”
  • 135 received four starts and are considered “above average;”
  • 124 received three stars and are considered “average;”
  • 128 received two stars and are considered “below average;” and
  • 152 received one star and are considered “much below average.”

Of particular importance to safety advocates and those representing injury victims and their loved ones in the aftermath of nursing home abuse or neglect is the warning that in the State of Illinois, 39% of nursing homes have ranked as either “below” or “much below“ average by federal authorities.

CMS Announces Nursing Home Ratings Are Frozen Until April 2022

In October 2020, the CMS announced there will be no new nursing home facility ratings published on its website or released by the agency until April 2022.  From the CMS“After the October 2020 refresh, CMS will hold the October 2020 data constant until we resume SNF Compare site refreshes in January 2022. Refreshes will then return to normal by the April 2022 refresh of the SNF Compare site.”

For more, read “Quality data on Nursing Home Compare iced through 2022, creating obstacles and opportunities,” written by Danielle Brown and published by McKnight Long Term Care News on October 13, 2020. 

Nursing homes and care facilities in Indiana, Illinois, and the rest of the country will not be required to report to the federal government for the rest of 2020 or the entirety of 2021.  Their reporting requirements will resume in January 2022.  The compilation of those reports will result in the projected April 2022 update to the Nursing Home Compare website’s current October 2020 information.

Danger for Nursing Home Residents and their Loved Ones in Indiana and Illinois

The CMS freeze in oversight and review of our nation’s nursing homes means that residents, their families, their friends, and others concerned about their wellbeing and treatment in any care facility cannot turn to the CMS website for information about the dangers and risks facing someone living at a particular facility. 

It also means that nursing homes with questionable practices are now well aware that they are free to act (or fail to act) without federal oversight and the threat of a poor public ranking on the CMS site for over a year. 

Not only is the CMS freeze a worry for residents and their loved ones in making sure that proper care and consideration is provided at a care facility, but it is an invitation for wrongdoers to act in abusive or neglectful ways without fear of scrutiny. 

The CMS Freeze increases the danger of serious or deadly nursing home injuries resulting from abuse or neglect in the care facilities of Indiana and Illinois. 

Never has it been more important for residents to have loved ones and advocates visiting their nursing home facilities to inspect for improper care or treatment.  Especially for those residents in the almost 40% of Illinois nursing homes that currently rate “below average” or “much below average,” visitations and inspections are critical in the upcoming months.

Nursing Home Injury Victims in Indiana and Illinois

For those nursing home residents who are victims of abuse or neglect in a nursing home or care facility in Indiana or Illinois, there may be an avenue for justice available to them and their loved ones through state personal injury or wrongful death laws. 

Anyone who suspects nursing home abuse or nursing home neglect should investigate the particular circumstances of the injury (or series of injuries) because under the laws of Indiana and Illinois, those who fail in their duty of care can be held legally liable for the consequences.

For more, read:

If you or a loved one suspect nursing home abuse or neglect in Illinois or Indiana, it is important to protect the resident and this may include the exploration of his or her legal remedies for any injuries incurred while residing in a nursing home or care facility.  Please be careful out there!

Contact Us

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.

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