Illinois Nursing Home Care Act
Posted: Saturday, April 8th 2006
When the Illinois Nursing Home Care Act was passed by the Illinois General Assembly it embraced the concept of private attorney’s general. This concept means that private civil attorneys would be enforcing the provisions of the Act to ensure that for-profit (and not for profit homes being financial gutted by greedy “management companies” providing no real services) corporations followed the law.
The legislature was wise enough to know that it couldn’t rely upon government attorneys, sometimes directed by elected officials, to enforce the Act. Some elected officials, receiving large donations from certain corporate interests, may not want the act enforced. Also, there may be too many violations of the act for any government agency to prosecute.
Private attorneys can file private causes of action for instances of nursing home neglect and abuse. The Act is a rare piece of legislation that encourages litigation. It provides for statutory attorney’s fees for successful plaintiffs.
The legislature chose to value the rights and dignity of the elderly and the infirm over corporate interests.
The legislature got it right.