Illinois Senate Bill 1633 provides, in part: “A resident may refuse to perform labor for a facility. Residents shall not perform labor or services for the facility unless consistent with F566 of the State Operations Manual for Long-Term Care Facilities. The activities must be included for therapeutic purposes and be appropriately goal related to the individual’s care plan. If a resident chooses to perform labor or services, the resident must be compensated at or above the prevailing wage rate.”

The proposed legislation is officially described as follows: “Amends the Nursing Home Care Act. Provides that residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care, and shall have their human and civil rights maintained in all aspects of medical care. Provides that all applicable rights under the Medical Patient Rights Act apply to residents under the Act. Provides that residents shall not perform labor or services for a facility unless those activities are included for therapeutic purposes and appropriately goal-related in the resident’s individual medical record. Provides that every acute care inpatient facility, community-based residential program, and facility employing more than 2 people that provide outpatient mental health services shall have a written internal grievance procedure that, at a minimum: (1) sets forth the process to be followed; (2) specifies time limits, including time limits for facility response; (3) provides for the patient to have the assistance of an advocate; (4) requires a written response to written grievances; and (5) provides for a timely decision by an impartial decision maker if the grievance is not otherwise resolved. Makes other changes.”

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One of the Illinois senators co-sponsoring Senate Bill 1633 stated, “It is essential that we, as a community, support nursing home residents, who are among one of our most vulnerable populations. Families should have full confidence in the facility and their staff to perform the best medical practices and be courteous of the patient’s wishes. It is already stressful enough to make the decision to put a loved one in a nursing home. They should not have to worry about facilities taking proper care of their family members. My hope is that under this measure, there will be improved accessibility to ensure residents are treated with dignity and respect at all times.”

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Child labor laws changed a long time ago in the United States to protect children from being exploited in the work force. It is long overdue that we protect our other vulnerable population.

If you or a loved one suffered injuries (or worse) during a nursing home stay in Illinois or elsewhere in the United States, you should promptly contact a local nursing home claim attorney in Illinois or in your state to investigate your possible nursing home claim for you and file a nursing home claim on your behalf or on behalf of your loved one, if appropriate.

Visit our website to be connected with medical malpractice lawyers (nursing home lawyers) in your state who may be able to assist you with your medical malpractice claim (nursing home claim), or call us toll-free at 800-295-3959.

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