Illinois Challenges Recent Court Ruling Involving Nursing Home Fines
Officials in the State of Illinois recently appealed a February 13, 2009 decision by Sangamon County Circuit Judge Leo Zappa that capped nursing home fines at $10,000. The decision was handed down in a case involving Rosewood Care Center in Peoria, Illinois. Rosewood appealed a $25,000 fine that was assessed in the death of a 95 year old resident in 2006. Judge Zappa found that the Illinois Department of Public Health (IDPH) violated state law and bypassed administrative rules when it imposed fines of more than $10,000. He then barred the IDPH from enforcing fines of more than $10,000 in any pending past cases and any future cases.
The judge's decision has allowed fines for forty Illinois nursing home to be reduced, which means the facilities will pay $10,000 or less for violating federal and state laws governing nursing homes. State officials are also considering reduction of fines in more than eighty cases dating back to 2006.
The IDPH believed state law supported increased fines to $50,000 when a determination was made that poor or negligent care directly caused a resident death. The IDPH also began assessing fines of at least $20,000 in cases where nursing home residents sustained serious injuries related to poor or negligent care.
While the IDPH is appealing the decision, they also intend to ask the Illinois General Assembly to give the department more latitude in fine assessment. The IDPH is also looking at changing the ways it issues fines so nursing home facilities could still be assessed penalities in exess of $10,000. In fact, multiple fines based on a single set of facts could be assessed after an inspection instead of one fine covering a range of violations, as the current procedure.
Facilities That Have Benefited From Judge Zapa's Ruling
While these cases are still pending and no final amount has been paid, the following are examples of the type of situations that will benefit from fine reduction:
Maryville Manor, Maryville, Illinois - In August 2007, the facility was fined $40,000 after an inspection found multiple bedsores on residents, lack of recreational activities for residents, and a nurse's aide was found to have medication that was prescribed for a resident in her possession.
Evergreen Nursing and Rehab Center, Effingham, Illinois - In March 2006, a $25,000 fine was assessed for the June 2005 death of an 84 year old resident, who suffocated after becoming entangled in an incomplete bedrail system.
Dearborn Court, Kankakee, Illinois - The facility was assessed a $30,000 fine after a September 2007 investigation revelaed an assult of a 64 year old female resident by two employees of the facility on August 15, 2007. The employees allegedly hit the resident with plastic hangers, tied her up with a belt, and punched her in the stomach and head and tried to choke her.
Peachtree Estates, Jonesboro, Illinois - A $20,000 fine was assessed after a July 2008 inspection revealed that the facility did not obtain prompt medical attention for a 79 year old female resident who fell and suffered a head injury on June 19, 2008. Prior to that injury, the resident had also fallen and broken her left arm. She also fell again on June 20, 2008.
