How Do I Know if My Nursing Home is Understaffed?

Understaffing is one of the biggest issues facing seniors in nursing homes today. Federal and state authorities place very strict restrictions on how many staff members should be present for each senior. Unfortunately, many nursing homes completely disregard these guidelines — preferring instead to cut corners and raise their profit margins. This isn’t just a case of penny-pinching. This puts seniors at risk, and some have even lost their lives because they suffered without adequate attention. But how can you tell if your nursing home is understaffed? Perhaps more importantly, what can you do if you are experiencing this negligence? Can you sue?

The Official Nursing Home Staffing Rules in Illinois

Unlike many other states throughout the nation, Illinois does not give a specific number when it comes to how many nurses should be present for each resident. Instead, it opts for a slightly more complex system of hours of care for each resident. These are known as “minimum staff ratios.”

Each resident requiring skilled care must receive at least 3.8 hours of nursing and personal care per day. For each resident requiring intermediate care, they must receive at least 2.5 hours of nursing and personal care each day.

To fully understand the requirements set forth in these regulations, you need to understand the difference between “skilled care” and “intermediate care.”

• Skilled Care: This includes professional nursing services and therapy care provided as a result of a physician’s orders. Licensed nurses must provide these services, and they are often intended to treat, manage, or observe a resident’s specific medical condition. CNAs may provide these services — but only under the direct supervision of a licensed nurse.
• Intermediate Care: Intermediate care is less demanding, and it involved “basic nursing care” along with “restorative services” under periodic medical direction. Anything that isn’t skilled care automatically falls under this category.

Calculating the number of hours of care your senior receives can be incredibly complicated — requiring you to go over written work schedules, determine the total number of residents in the facility, calculate averages, omit lunch breaks, and many other tedious steps. This is why it’s usually a good idea to work with a qualified, experienced nursing home abuse attorney if you believe that your senior is being neglected in this fashion.

Biden Promises to Provide Nursing Homes with More Staff

Recently, Joe Biden promised to set forth stringent staffing requirements for all nursing homes — something critics say is impractical. Many people have pointed out that the real problem isn’t the number of staff, but rather the attractiveness of the job itself. With low pay and demanding duties, being a nursing home staff member isn’t exactly a dream job.

Critics say that nursing homes must be incentivized to offer better pay for this problem to be resolved. These critics also point out that nursing homes are raking in record profits — so one would think they have enough to spend on raising wages.

Some take the middle ground, arguing that a mixture of new government policies and additional funding is necessary to foster real change. These centrists also point out that tax dollars are not being properly tracked as they are sent to nursing homes. As with virtually all things in today’s society, we need more transparency and less corruption.

Illinois Has the Lowest Nursing Home Staffing Levels in the Nation

According to USA Today, Illinois has the lowest nursing home staffing levels in the entire nation. This probably has something to do with the convoluted system of requiring a certain number of hours per senior, rather than the much more straightforward system of nurses per resident. That being said, state leaders have committed to addressing this problem with more accountability measures.

One Illinois department director stated:

“We had a lot of facilities in Illinois making a lot of money by doing the wrong things, like cutting staffing levels. That’s why we started this campaign.”

If you believe your senior’s injuries, death, neglect, or abuse were caused in part by understaffing issues, you may be able to sue. This may provide you with enough compensation to cover any outstanding medical expenses, address psychological trauma, and move on as best you can.

Where Can I Find a Nursing Home Neglect Attorney in Chicago?

If you’ve been searching the Chicago area for a qualified, experienced nursing home neglect attorney, look no further than the Dinizulu Law Group, Ltd. Over the years, we have helped numerous seniors and their families pursue positive outcomes. We know that understaffing is far too common across Illinois today, and we’re ready to hold negligent nursing homes accountable for all the issues they’re causing.

If your senior has been injured or allowed to pass away due to this understaffing, you should get in touch with us at your earliest convenience. You may be eligible to receive a financial settlement for everything you’ve been forced to endure. Reach out today to pursue real justice.

Sources

1. https://www.usatoday.com/story/news/investigations/2023/03/03/biden-nurses-medicare-medicaid-funding-nursing-homes-reform-staffing/11311567002/
2. https://truthout.org/articles/lawsuit-uncovers-chicagos-failure-to-provide-disability-protections-in-housing/

Dinizulu Law Group, Ltd.

(312) 384-1920
221 North LaSalle, Suite 1100
Chicago, IL 60601

If you have further questions about this article or legal concerns, call 800-672-3103