What is the Difference Between a Nursing Home and a Long-Term Care Facility in Illinois?

In Illinois, the terms “nursing home” and “long-term care facility” encompass different types of residential care environments, each offering varying levels of medical and personal care. Understanding these distinctions is essential for making informed decisions about care for elderly or disabled individuals. Additionally, the liability for injuries occurring in these facilities can differ significantly based on the type of care provided and the regulatory standards each facility must meet.

For families with loved ones in a nursing home or a long-term care facility , a lawsuit may be necessary to recover damages when negligent care or abuse occurs. At John J. Malm & Associates, our Illinois nursing home injury attorneys are experienced in handling the nuances involving claims against nursing homes and long-term care facilities.

Nursing Home

1. Definition: A nursing home is a type of long-term care facility providing 24-hour medical and personal care to individuals who require significant assistance with daily activities and medical needs. Nursing homes are staffed by licensed nurses and healthcare professionals.
2. Services Provided:
   • Medical Care: Continuous medical supervision, administration of medications, wound care, and management of chronic illnesses.
   • Personal Care: Assistance with activities of daily living (ADLs) such as bathing, dressing, eating, and mobility.
   • Rehabilitation: Physical, occupational, and speech therapy to help residents recover or maintain their physical abilities.
3. Regulation: Nursing homes in Illinois are regulated by the Illinois Department of Public Health (IDPH) and must comply with both state and federal regulations, including those set forth by the Centers for Medicare & Medicaid Services (CMS) under the Nursing Home Reform Act (42 U.S.C. § 1395i-3).
4. Target Population: Designed for individuals with complex medical conditions requiring skilled nursing care, including the elderly, post-surgery patients, and those with severe chronic illnesses or disabilities.

Long-Term Care Facility

1. Definition: A broad term encompassing various residential care settings, including nursing homes, assisted living facilities, and residential care facilities. These facilities provide a range of services to individuals who cannot live independently.
2. Types of Long-Term Care Facilities:
   • Assisted Living Facilities: Provide personal care and support services in a more homelike environment, typically for individuals needing some assistance with ADLs but not constant medical supervision.
   • Skilled Nursing Facilities (SNFs): Similar to nursing homes, offering high-level medical care and rehabilitation services.
   • Memory Care Units: Specialized facilities for individuals with Alzheimer’s disease or other forms of dementia, offering secure environments and specialized care.
3. Services Provided: The services provided in long-term care facilities vary widely depending on the type of facility, but generally include personal care, social activities, meals, housekeeping, and some level of medical oversight. Assisted living facilities focus more on personal care and social activities, while skilled nursing facilities offer comprehensive medical care and rehabilitation.
4. Regulation: Different types of long-term care facilities are subject to varying regulatory standards. Assisted living facilities in Illinois are licensed by the IDPH and must meet specific regulatory requirements related to staffing, care standards, and resident rights under the Assisted Living and Shared Housing Act (210 ILCS 9/).
5. Target Population: Long-term care facilities cater to a wide range of individuals, from those needing minimal assistance with daily activities to those requiring comprehensive medical and personal care.

Key Differences

1. Level of Medical Care:
   • Nursing Homes: Provide continuous, high-level medical care and supervision.
   • Other Long-Term Care Facilities: Offer varying levels of medical care, focusing more on personal care and support services.
2. Regulation and Licensing: Both are regulated by the Illinois Department of Public Health, but specific regulatory requirements differ based on the type of facility and services provided.
3. Services and Amenities: Nursing homes provide intensive medical and rehabilitative services, while other long-term care facilities offer a broader range of support and personal care services tailored to residents’ needs.
4. Resident Autonomy: Residents in nursing homes typically have more significant medical needs and less independence compared to those in assisted living or other types of long-term care facilities.

Liability for Injuries

1. Nursing Homes:
   • Regulatory Compliance: Nursing homes must comply with extensive state and federal regulations. Failure to meet these standards can lead to liability for negligence or malpractice.
   • Common Law Negligence: Residents or their families can sue for negligence if the facility fails to provide the standard of care required by law. Examples include failure to prevent falls, medication errors, and neglect.
   • Vicarious Liability: Nursing homes can be held liable for the actions of their staff under the doctrine of respondeat superior if the staff member was acting within the scope of their employment.
2. Assisted Living and Other Long-Term Care Facilities:
   • Regulatory Compliance: These facilities also must comply with state regulations, but the standards may be less stringent than those for nursing homes. Liability can arise from failure to adhere to these standards.
   • Negligence and Personal Injury: Residents can sue for injuries resulting from negligence, such as unsafe living conditions, inadequate supervision, or failure to provide necessary care.
   • Contractual Liability: Often, residents or their families sign contracts that outline the level of care and services provided. Breach of these contracts can result in liability for the facility.

Contact the Illinois Nursing Home Attorneys at John J. Malm & Associates

Understanding the differences between nursing homes and other long-term care facilities in Illinois is crucial for making informed decisions about care. These distinctions also affect the potential liability for injuries occurring in these facilities. Nursing homes generally face more stringent regulatory requirements and higher levels of medical oversight, while assisted living facilities provide a different scope of care. Liability for injuries in these settings can arise from regulatory non-compliance, negligence, or breach of contractual obligations.

At John J. Malm & Associates, we represent families who have been affected by nursing home abuse and neglect in Illinois. If your loved one has suffered due to negligent care in a nursing home, you may be entitled to a substantial settlement. Contact our top-rated Naperville nursing home injury attorneys at for a free consultation at our Naperville or St. Charles offices.