Illinois Officials Appeal Sangamon County Judge’s Decision Limiting Nursing Home Fines to $10,000
In Illinois, state officials are appealing a decision made by a judge in Sangamon County limiting nursing home fines to $10,000. The ruling has already affected numerous cases. 40 Illinois nursing homes have had their fines reduced since the February 13 ruling, and Illinois officials are looking at over 80 other cases going back to 2006 and considering whether to reduce those fines, which exceeded $10,000.
For example, one Illinois nursing home, Woodstock Residence (now called Crossroads are Center), was fined $300,000 last year. 5 suspicious deaths occurred at the Woodstock nursing home.
The case that limited nursing home fines involved the 2006 death of 95-year-old Katherine Martin at Rosewood Care Center. The Peoria nursing home was fined $25,000 and had appealed the decision. In February 2009, Circuit Judge Leo Zappa found that the Illinois Department of Public Health had violated state law when it started imposing fines over $10,000. Zappa has barred the department from enforcing fines beyond this amount for past cases that are still pending, as well as future cases.
Public Health officials, however, say that state law lets them raise nursing home fines to up to $50,000—especially when poor nursing care leads to a nursing home resident’s death. Officials also started issuing fines of at least $20,000 when poor nursing care allegedly caused serious patient injuries.
Some of the nursing home cases that have resulted in reduced fines of $10,000 since Zappa’s order:
Maryville Manor: The Maryville nursing home was fined $40,000 after residents were discovered with pressure sores and bed sores. The Illinois assisted living facility was also fined for inadequate recreational activities.
Peachtree Estates: The Jonesboro nursing home was fined $20,000 after an inspection found that a 73-year-old patient was not given immediate medical attention after she fell and hit her head. She also fell on two other occasions prior to this alleged Illinios nursing home neglect incident.
Evergreen Nursing and Rehab Center: The Effingham nursing home was fined $25,000 following the 2006 death of an 84-year-old patient who suffocated after getting caught in a defective bedrail.
Dearborn Court: The Kankakee nursing home was fined $30,000 after two employees were accused of assaulting a 64-year-old female patient in 2007. The nursing home workers are accused of Illinois nursing home abuse for allegedly hitting the patient with plastic hangers, using a belt to tie her up, punching her in the stomach and head, and trying to choke her.
State challenges $10,000 fine limit for nursing homes, S-JR.com, July 20, 2009
Judge limits fines against nursing homes, My Suburban Life, May 14, 2009
Related Web Resource:
Illinois Department of Public Health
Throughout Illinois, Chicago nursing home neglect and abuse lawyer Steve Malman represents injured patients and their families with personal injury and wrongful death claims against Illinois assisted living facilities.
