Lawmakers in Illinois recently passed a bill that, when enacted, will hold care facilities accountable for nursing home negligence due to understaffing. Under the new law, nursing homes that fail to meet minimum staffing requirements face legal sanctions, including hefty fines. Organizations and individuals who support the new legislation hope that it will address one of the primary causes of nursing home negligence.

How Insufficient Staffing Affects Residents

In fact, understaffing at nursing homes is one of the main underlying causes of elder abuse and nursing home negligence. When there are not enough trained medical staff to provide adequate care for each resident, the result can be added workloads and stress for staff members who must pick up the slack. Not surprisingly, nursing home workers in such a situation are at greater risk of committing acts of abuse as a result of job frustrations.

A Longstanding National Issue

Understaffing has been a major problem at the nation’s nursing home since at least the early 1980s. Today, it is estimated that at least 9 out of 10 nursing homes are insufficiently staffed. According to researchers published in Health Services Insights, studies demonstrate that residents living in understaffed facilities are at higher risk for many types of nursing home negligence, including malnutrition and dehydration, bedsores, infections and other serious illnesses, including pneumonia.

Why is This Happening?

While there are a number of reasons for understaffing at the nation’s nursing homes, the bottom line is, unfortunately, cutting labor costs. Salaries and wages for registered nurses and certified medical assistants can account for the highest percentage of a nursing home’s operating budget. Many of them simply do not have enough resources to hire all the personnel needed to provide adequate care for all residents. As a result, the existing staff must be stretched to their limits – and beyond.

Rectifying the Problem

In Illinois, lobbyists for the nursing home industry have acknowledged in the past that understaffing is a major issue. However, they have attributed it to Illinois’ low reimbursements under Medicaid, which accounts for most of the industry’s revenue. In response, according to a report in Skilled Nursing News, the state legislature has increased Medicaid funding for nursing homes and elder care facilities by as much as $240 million. Nearly 30 percent of that amount has been earmarked for personnel wages and salaries.

Nursing Home Negligence Could Result in Additional Penalties

Under the new law, nursing homes that fail to hire adequate staff will face fines of up to 200 percent of what they might have saved by not hiring them. In addition, those who are found in violation of the law will be required to advertise the fact on their websites as well as all spaces open to the general public.

One interesting provision of the law is one that makes it more difficult for nursing homes to prescribe and administer psychoactive drugs to residents without their families’ consent. The reason for this provision is that understaffed facilities are known to use these medications to sedate residents so as to not have to provide adequate care.

The new Illinois law goes into effect in 2021.