Support House Bill 3445
NURSING HOME LIABILITY INSURANCE
"These individuals are our loved ones, relatives and friends. It was easy to support legislation that protects those who cannot protect themselves; the elderly and infirm".
-- Al Riley
State Representative, 38th District
It’s virtually unthinkable that the state of Illinois would license any type of nursing home, long-term care or assisted living facility without requiring basic liability insurance. Yet, that’s exactly what occurs today.
Regardless the case of accidental injury, or injury by neglect and abuse – even death, patients and their families are left to bear the painful consequences with little or no compensation or recourse.
Our disabled, aging and frail deserve better.
Your church, labor or community organization can help!
Despite an unprecedented increase of citations against nursing homes for violations that pose a risk of injury and death to patients, the requirement of liability insurance has been ignored; prevented through strong lobbying by the nursing home industry itself, and set aside by lawmakers who until now, were unwilling to enact legislation that protect our most frail and aging.
Our firm has represented clients who have experienced the heartbreaking devastation caused by the lack of liability insurance when injury or death from neglect, abuse or a preventable accident has occurred within the nursing home environment. Recently we met a grieving husband and his adult children after his wife died prematurely as a result of repeated negligence at the hands of nursing home staff.
After witnessing the pain and suffering his wife endured before passing, you can imagine the disbelief and despair that followed when the cause of death was revealed.
Had he failed his wife in some way by trusting the care of the nursing home staff?
Second only to this family’s tragic and unnecessary loss of a loved one was the emotional pain in learning that they had no recourse. The corporately owned nursing home was not insured for liability. A meager and shameful life-value offering has been made as compensation to the family from the shell corporation of the licensed nursing home; barely enough to cover funeral costs.
Please join Horwitz, Horwitz & Associates, Ltd in support of House Bill 3445 to ensure that all skilled nursing facilities are mandated to have liability insurance as a requirement of licensing. Your state representatives and senators must hear the collective voice of individuals and our community partners.
House Representative John Bradley (D - 117th District) has sponsored one of the most aggressive pieces of pro-nursing home patient legislation in years, House Bill 3445; Nursing Home Liability Insurance.
HB3445 would amend the Nursing Home Care Act and the State Mandate Act to provide the following:
- To establish or operate a nursing home, proof of Liability Insurance in the amount of no less than $1 Million must be provided, per facility, to obtain or renew a license.
- Requires the Department to deny, suspend, revoke, or refuse to renew a license for failure to maintain liability insurance coverage.
- Provides that failure to maintain such liability insurance coverage during the term of a facility's license is a Type "A" violation under the Act.
- Provides that the Director of Public Health may not grant a waiver of a facility's compliance with the requirement to maintain liability insurance coverage.
- Provides that information concerning a facility's liability insurance coverage is subject to disclosure to the public.
- Provides that a licensee shall pay 3 times the actual damages, or $500, whichever is greater (instead of only the actual damages) and costs and attorney's fees to a resident whose rights are violated.
- Provides that any mandate created by these provisions is exempt from reimbursement by the State.
Individual and corporate owners of nursing home facilities must not be allowed to escape liability when the care of our most vulnerable – their very lives – are at stake.
Please contact your state representative and senator. Tell them to pass HB 3445 as it is written, without loopholes or restrictions. Hold nursing homes accountable.
If you have questions or would like to obtain a handout for your community or church organization, please contact attorney Jeffrey Schlapp toll-free at (866) 352-0463, or email Rosemary Roberts.
Audio Program - Listen 24/7
Horwitz attorney, Jeff Schlapp and Illinois’ most respected nursing home advocate, Margaret Neiderer, join talk radio host and Horwitz Communications Director, Rosemary Roberts in a discussion about House Bill 3445 and the False Claims Act. Listen Now.
About Illinois Nursing Home Care
- Illinois has approximately 1,200 long-term care facilities serving more than 100,000 disabled or elderly residents. Unlike other businesses, these nursing homes are not legally obligated to carry liability insurance.
- In 2006, The Illinois Department of Public Health took action against approximately 246 facilities determined to be in violation of the Nursing Home Care Act, including recommending decertification of some for violations in relation to patient care.
- The Illinois Nursing Home Act specifically grants by law, residents their rights to be free of abuse and to seek judicial relief against those who abuse them, however, if the nursing home itself is without liability insurance, judicial relief is very limited.
- Roughly 40 percent of those reaching the age of 70 are expected to need some type of long term care during the rest of their lives.
More Helpful Resources
- Illinois Nursing Home Care Act Protects You
- Bed Sores and Pressure Ulcers
- Comprehensive Care Plan
- Resident Assessment Protocols
- Why a Nursing Home Case Must be Prosecuted by a Dedicated, Tenacious Lawyer
- Find an Illinois Long-Term Care Ombudsmen Serving Your County