Illinois Senate President Don Harmon must act quickly to protect nursing home residents

In recent years, Illinois has been rated near the back of the pack in the quality of patient care at its nursing homes.

That should encourage the Legislature to find ways to improve nursing home care.

It's a challenge, because nursing homes are still suffering from the effects of the COVID-19 pandemic. The industry reports it's harder to retain and hire qualified staff members. And there has been a trend among wealthier patients to turn to aging at home, which leaves nursing homes with a higher percentage of patients who rely on government-funded care, which provides leaner margins.

The vulnerable patients need protection. One way to do that, as reported in the Chicago Sun-Times by Mitchell Armentrout, is with Senate Bill 3559, which would allow residents to sue facilities for at least two months rent, attorneys fees and damages if they feel they were retaliated against for making complaints.

That would be one way to help prevent nursing homes from cutting back on necessary care. Some residents say they are afraid to speak up even when they experience or witness substandard care because they fear a facility will retaliate against them.

As Armentrout reported, one nursing home resident who objected after witnessing staff members tie another patient to a chair with a bed sheet around his waist was forced out of the facility.

The need for quality nursing home care is substantial. About 100,000 residents, from the young to the elderly, live in some 1,200 long-term care facilities around the state, according to the Illinois Department of Public Health, which licenses, regulates and inspects nursing homes.

It's likely more protections will be needed. In Washington, some lawmakers are working to weaken guardrails rather than strengthen them. The Trump administration is expected to overturn a Biden rule that is supposed to be phased in starting in 2026 that would require every resident to have at least 3.48 hours of nursing care a day, including at least 0.55 hours of care from a registered nurse and 2.45 hours of care from a nurse aide. The rule also would require a registered nurse to be on site 24/7.

Reasons to worry about nursing home care

Moreover, some advocates worry about private equity firms buying nursing homes and cutting costs to increase profits. Last year, the U.S. Government Accountability Office said data showed at least 5% of nursing homes nationwide were owned by private equity firms and that the real number is probably higher.

In May, researchers at the University of Chicago, Penn and New York University found when private equity firms buy nursing homes, some 1,000 additional resident deaths occur every year, a mortality rate that's 10% higher than average. On June 6, Illinois Attorney General Kwame Raoul said in a statement, "Health care consolidation, which is often driven by private equity, can lead to higher prices for health care services while quality of care worsens or remains stagnant."

No one likes to think they or a loved one might wind up in a facility in which they are sitting unattended in a wheelchair, left in bed with bed sores or seriously injure themselves trying to walk to a bathroom because no one answers a call light. People deserve not only the care they need but also the opportunity to age with dignity.

Under legislative rules, SB 3559 needs to pass before the new Legislature is seated or it will be back to square one.

Senate President Don Harmon, D-Oak Park, said in a statement, "We're still working on some sticking points and hope to come to an agreement that is suitable for everyone involved. This is a complex issue, and it's always better to take the time necessary to produce a good bill."

But because Harmon controls political committees that have received more than $2 million from the Health Care Council of Illinois' political action committee since he was elected Senate president in 2020, some advocates of the bill worry Harmon might slow-walk it. The Health Care Council represents more than 300 licensed skilled nursing facilities in the state.

It's important to ensure residents of nursing homes get quality care they and their loved ones can depend on. It's up to not only the Illinois Department of Public Health but also the Legislature to make sure that happens.

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