The nursing home industry in Indiana and Illinois is notorious for putting profits over people, as we have discussed before; see:
- Nursing Home Injury Claims for Victims in Indiana and Illinois
- Seeking Justice for Victims of Nursing Home Injuries in Indiana and Illinois
- Nursing Home Falls: Claims for Serious or Fatal Fall Injuries to Nursing Home Residents.
In our part of the country, the reality of how serious this problem is for nursing home residents gained a lot of public awareness last summer, as the shocking details of Illinois’ Wentworth Rehabilitation and Health Care Center were revealed in allegations of rampant nursing home abuse and neglect. See, “Inside Chicago’s Worst Nursing Home: Bug Bites, Bruises and Death,” written by Sam Roe and published by the Chicago Tribune on June 14, 2018.
In both Indiana and Illinois, lawmakers are responding to the crisis facing vulnerable nursing home residents who may fall victim to nursing home abuse and neglect.
New Illinois Laws 2019: Nursing Home Residents
On January 1 2019, the following laws became effective in the State of Illinois. Each impacts the lives of those dependent upon others for care and support, although none go directly to the issue of abuse or neglect by employees of nursing care facilities:
Frail Individuals Visitation (HB 04309) – Allows family members to file a petition to force visitation with frail family members should they be refused visitation by a caregiver. Also mandates that caregivers notify the family of hospitalizations and relocations.
Nursing Home Vaccines (HB 04440) – The Illinois Department of Public Health must provide all nursing home facilities with information on all CDC-recommended vaccines.
Aging Adult Protective Service (HB 04847) – Empowers the Illinois Adult Protective Services (APS) to investigate claims of abuse and neglect (including financial exploitation) of residents in Illinois assisted care facilities if (a) the suspected abuser is a non-employee, including family members, and (b) the abuse occurs outside of the facility.
Indiana 2019 Proposed Law to Fight Nursing Home Abuse and Neglect
For Hoosiers, there is a more direct attack on the crisis of nursing home abuse and neglect. Senate Bill 36, once enacted into law, will create an Elder Abuse Registry within the State of Indiana. It also makes elder abuse and neglect a criminal act.
Proposed Indiana Elder Abuse and Neglect Law
[It] defines “crime of elder or adult abuse” and requires the office of judicial administration to establish an electronic elder and adult abuse registry (registry) containing information relating to persons convicted of a crime of elder or adult abuse. Specifies that a person does not have a duty or other obligation in providing banking or other financial services to review the registry or deny services to a person on the registry.
Once effective, this law will add a new section (IC 5-2-22.5) to the current INDIANA CODE as a new chapter entitled “Elder and Adult Abuse Registry.”
New Crime in Indiana: Elder or Adult Abuse
This proposed new law, Senate Bill 36, defines a new crime in the State of Indiana, that of “elder or adult abuse.” The crime of elder or adult abuse will involve any of the following acts:
(A) Neglect of a dependent (IC 35-46-1-4) if the dependent is an endangered adult and the offense is committed under:
(i) IC 35-46-1-4(a)(1);
(ii) IC 35-46-1-4(a)(2);
(iii) IC 35-46-1-4(a)(3);
(iv) IC 35-46-1-4(b)(1)(A);
(v) IC 35-46-1-4(b)(2);
(vi) IC 35-46-1-4(b)(3); or
(vii) IC 35-46-1-4(b)(4).
(B) A sex offense (as defined in IC 11-8-8-5.2) committed against an endangered adult.
(C) Battery against an endangered adult under:
(i) IC 35-42-2-1(e)(5);
(ii) IC 35-42-2-1(g)(5)(D);(iii) IC 35-42-2-1(i); or(iv) IC 35-42-2-1(k)(2).
(D) Domestic battery against an endangered adult under:
(i) IC 35-42-2-1.3(b)(6);
(ii) IC 35-42-2-1.3(c)(5)(C);
(iii) IC 35-42-2-1.3(d); or
(iv) IC 35-42-2-1.3(f)(2).
(E) Exploitation of an endangered adult under:
(i) IC 35-46-1-12(a)(1); or
(ii) IC 35-46-1-12(b).
(F) Financial exploitation of an endangered adult under:
(i) IC 35-46-1-12(c); or
(ii) IC 35-46-1-12(d).
Indiana Abuse Registry
It also establishes an elder and adult abuse registry, which will record and monitor the contact information as well as photographs and details of conviction for every person convicted of the crime of elder or adult abuse.
This registry will operate in a manner to establish sex offender registries, with public access to the offender’s information and location.
Justice for Victims of Nursing Home and Neglect in Indiana and Illinois
The passage of these new laws in both Indiana and Illinois are helpful in the protection of residents in nursing care facilities who are vulnerable to exploitation, abuse, and neglect by those entrusted with their care.
Defining elder abuse and neglect as a crime is an important step for guarding Hoosiers living in nursing care facilities in the State of Indiana against harm. However, criminal laws do not provide individual recompense to the victim and their families in the aftermath of nursing home abuse and neglect.
If passed, the Indiana criminal law will prevent some bad acts. It may also provide proof for the corresponding civil case filed because of any criminal action. However, it will not offer the victim and his or her loved ones any venue for personal recompense.
Nursing home abuse and neglect claims must be filed in civil court based upon state personal injury or wrongful death laws. It is only through civil claims that the victims and their families may demand damages including medical expenses, hospitalization costs, pain and suffering, etc. from those responsible and legally liable for the victim’s harm.
These are truly horrific situations and both the victims as well as the families of nursing home neglect and abuse victims deserve the utmost sympathy and unwavering zealousness in the righting of these terrible wrongs.
Abuse and neglect of the vulnerable must be stopped. Sadly, that may mean that facing civil damages will go far towards making changes in an industry that puts profits over people. Please be careful out there!
