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How Do the Department of Health & Human Services Guidelines for Long-Term Care and Assisted Living Facilities Differ?

If you are wondering whether your loved one should become a resident of a long-term care facility or an assisted living facility, there a few things you should consider. The nature of a long-term care facility, like a nursing home, differs from a standard assisted living facility in a few fundamental ways.

If a loved one was hurt in a nursing home, contact our Chicago nursing home negligence lawyers today.

General Purpose

The purpose of an assisted living facility is to provide light assistance in a setting that promotes the resident’s independence and enables them to thrive. While the purpose of a long-term care facility is similar, there are stricter requirements as the needs — especially healthcare needs — of residents are often more demanding.

Personnel Requirements

Personnel requirements for a long-term care facility are much stricter than those for assisted living facilities. Illinois state law requires that every resident in a long-term care facility be under the care of a physician, and a nurse must occupy every floor of the facility. Assisted living facilities may have nurses on staff, but the state does not require them. Additionally, long-term facilities must also have a nurse’s station on the premises.

That said, both care facility types must have an alert staff member awake and on duty for a full 24 hours. While assisted living establishments are not required to have nurses on staff, they must have a staff member who has cardiopulmonary resuscitation (CPR) certification.

Medication And Other Healthcare Needs

If your loved one has a prescription and requires a regular reminder or even supervision for taking it, some assisted living facilities may not be the best fit. While some may have nurses onsite, their facilities are not required to administer medications to their residents. A long-term care facility, however, must have medication administered by licensed personnel and they must regularly record the resident’s daily doses.

Furthermore, residents of a long-term facility must have enough physical and psychological assessments as the state of their current health requires. However, an assisted care facility only needs to administer these assessments yearly. See the table below for a summary of guidelines.

Abuse And Neglect

How the state requires each facility to respond to abuse also differs. For example, upon discovering or suspecting abuse or neglect in their establishment, staff members of these facilities have varying requirements. A staff member who becomes aware of abuse in a long-term facility must immediately alert management, the resident’s representative and the Illinois Department of Public Health. However, a staff member of an assisted living facility must report this information within 24 hours of discovery. The establishment is then responsible for making a written account of the abuse.

If you believe a loved one has suffered abuse or neglect at one of these establishments, you should seek the advice of an attorney or other qualified professional.

Guidelines & Requirements

Physician’s assessment prior to admission

Long-Term Care Facilities: Required
Assisted Living Facilities: Required

Physical and psychological assessments by a professional

Long-Term Care Facilities: As often as is necessary
Assisted Living Facilities: At least annually

Under a physician’s care?

Long-Term Care Facilities: Yes
Assisted Living Facilities: No

Personnel requirements

Long-Term Care Facilities: A sufficient number of nurses and staff members necessary to meet the needs of residents
Assisted Living Facilities: Reasonably staffed

Nursing

Long-Term Care Facilities: At least one registered or licensed nurse on each floor
Assisted Living Facilities: No nurses required, but a CPR certified staff member is required

Nurses station

Long-Term Care Facilities: Required
Assisted Living Facilities: Not required

Medication administration and supervision

Long-Term Care Facilities: Administered only by licensed personnel, personnel must record daily doses
Assisted Living Facilities: Medication administration and supervision is optional

Dietician-approved meals

Long-Term Care Facilities: Required
Assisted Living Facilities: Required

Provides three daily meals

Long-Term Care Facilities: Required
Assisted Living Facilities: Required

Mandatory housekeeping

Long-Term Care Facilities: Required
Assisted Living Facilities: Required

Promotes independence

Long-Term Care Facilities: Required
Assisted Living Facilities: Required

If a resident is abused or neglected

Long-Term Care Facilities: Once made aware, staff must report immediately to resident’s representative and the Department of Public Health
Assisted Living Facilities: Once made aware, staff must notify the Department of Public Health within 24 hours and document the report, a written report accounting the abuse must follow

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Mark L. Karno & Associates, LLC
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Chicago office
33 N LaSalle St
Suite 3500
Chicago, IL 60602

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Phone (312) 701-0090 Fax (312) 701-0600

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Aurora, IL 60505

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