Families who trust a nursing home to care for a loved one expect ethics and safety to be upheld to the highest standards. Residents in the Chicago area deserve to know that staff are fully vetted through background checks. But how do these checks help facilities make informed hiring decisions, and how do they protect elderly and disabled individuals?
In this blog, we’ll explore whether background checks for Chicago nursing home employees are reliable and what that means for residents and their families.
If your loved one was the victim of elder abuse in their nursing home, you may be able to take legal action and help them recover financial compensation for the harm they endured. Contact our team at The Law Offices of David H. Brinton, LLC for a free, no-obligation consultation.
Why Nursing Homes Conduct Background Checks
Nursing homes are required to conduct background checks because their residents are among the most vulnerable populations. Facilities are responsible for creating a safe, secure environment. Employee screening helps prevent abuse, neglect, theft, financial exploitation, and unqualified hiring. Ultimately, these checks help build trust between nursing homes and the families who rely on them.
Types of Background Checks in Chicago Nursing Homes
Nursing homes in Illinois are required to follow state and federal screening rules under the Illinois Health Care Worker Background Check Act (225 ILCS 46/), enforced by the Illinois Department of Public Health (IDPH). Most facilities conduct the following types of background checks:
1. Criminal History Checks
Both state and national criminal databases are used to determine whether an applicant has a history of violent crime, elder abuse, or other disqualifying offenses.
These checks are conducted through the Illinois State Police (ISP) and the Federal Bureau of Investigation (FBI) using Live Scan fingerprinting, which initiates a Criminal History Record Information (CHRI) search. Applicants are tracked using the UCIA Fingerprint Request Form, and results are processed through the ISP CHIRP system (Criminal History Information Response Process).
Before initiating the check, nursing homes must obtain signed authorization using a form called Disclosure and Authorization for Criminal History Records Check.
If any of the following are found, the individual is disqualified from employment:
- Physical or sexual abuse
- Financial exploitation of the elderly
- Drug trafficking or distribution
- Certain violent crimes
2. Sex Offender Registry Screening
Individuals listed on any sex offender registry are strictly prohibited from working in nursing homes. All background checks should include a search of the Illinois Sex Offender Registry and the National Sex Offender Public Website (NSOPW) to rule out a record of sexual offenses.
3. Healthcare Worker & Elder Abuse Registries
The Illinois Department of Public Health (IDPH) maintains the Health Care Worker Registry, which includes information about disqualifying convictions and cases of abuse or neglect. Nursing homes are also required to check the Adult Protective Services Registry, which identifies individuals with confirmed findings of elder abuse, neglect, or exploitation under the Adult Protective Services Act (320 ILCS 20/).
4. Employment & Education Verification
Each individual facility will verify previous employment, including licenses, certifications, and education that shows whether the individual has previous professional experience. Licensure and certification should be checked through professional boards such as the Illinois Department of Financial and Professional Regulation (IDFPR).
5. Drug Testing & Reference Checks
Although not legally required, many nursing homes add pre-employment drug screenings and professional reference checks. These commonly include a 5- or 10-panel urine test screening for:
- Opiates
- Amphetamines
- Cocaine
- Marijuana
- Benzodiazepines
State Requirements | What Illinois Law Says
Under the Health Care Worker Background Check Act, Illinois nursing homes are required to:
- Conduct fingerprint-based criminal history checks through the Illinois State Police and FBI
- Check each applicant against state abuse registries and healthcare worker databases
- Maintain documentation of background checks for all employees
When nursing homes fail to meet these requirements, they risk fines, legal action, and loss of licensure. As a family member, you have the right to ask about screening policies. Your vigilance can help keep your loved ones safe.
Other states also require certain checks by law. These are worth inquiring about before choosing a facility for your loved one.
- Mental health screenings to evaluate emotional fitness for caregiving
- Child welfare registries to uncover past abuse patterns
- Behavior-based interviews to identify red flags early
Federal Requirements | When Do They Apply?
Federal background check rules apply only to nursing homes that receive Medicare or Medicaid funding. When this is true, facilities must follow the standards set by the Centers for Medicare & Medicaid Services (CMS). This includes:
- Screening employees and contractors against the OIG Exclusion List and GSA’s SAM.gov database. This database keeps track of potential employees banned from federal programs.
- Complying with CMS Conditions of Participation, which include staff qualifications and abuse prevention policies, and require that misconduct is reported in a timely manner.
- Documenting background checks and screening practices.
- Undergoing routine federal audits and inspections.
If a nursing home doesn’t receive federal funding, then it is not required by law to follow federal rules and guidelines but must still follow state laws. To check if your nursing home is federally certified, you can ask or look them up on Medicare’s Care Compare website.
How Often Are Background Checks Done?
Background checks are usually conducted during the hiring process, especially when staff will be working with vulnerable populations. Verification of the employee is performed using the Health Care Worker Registry. Unfortunately, Illinois requires ongoing monitoring through the Health Care Worker Registry, but the facility may not catch every change in real time, leading to some issues falling through the cracks. If new legal issues arise and the facility hasn’t performed a recent background check, they are expected to respond immediately (either by reassigning or terminating the employee in question). If you believe this should have occurred in your case, please contact The Law Offices of David H. Brinton, LLC to discuss your case.
What Families Can Do When Choosing a Nursing Home
If you are considering a nursing home for someone you love in the Chicago area, consider a conversation with a qualified expert or ask the facility questions about their employee screening process. Some questions to consider are:
- What kind of background checks do you run on staff?
- How often are background checks repeated?
- How do you respond if something concerning appears on a background check?
State Violations and Past Complaints
Before placing a loved one in a nursing community, you should check the public record for this facility and continue this practice annually. In Illinois, it’s simple to do. You can easily look up complaint histories, citations, and state inspection reports by going to the Illinois Department of Public Health’s Nursing Home Search Tool. This website can show whether a facility is cited for issues such as resident abuse or neglect, failure to vet or train staff, inability to provide sanitary conditions, or short staffing and insufficient supervision.
You can even check the Medicare Nursing Home Compare website, which includes federal inspection data and quality ratings.
If you find the facility has repeatedly received unresolved complaints, this is a serious red flag. Documented patterns of past violations may help support a legal claim if harm has occurred. Read our blog on examples of nursing home abuse for more information.
Understanding the Difference Between Legal Compliance and Safety
Just because a nursing home says it “follows the law” doesn’t mean your loved one was taken care of in the best way possible. Some facilities will only perform the bare minimum legal standards that Illinois requires. Legal compliance ticks boxes but doesn’t always allow for common-sense precautions or safety measures that go above and beyond to protect residents.
For example, an employee may pass background checks but have a history of poor performance in past positions. If that employee later neglects or harms someone, the nursing home technically followed the law but did not act responsibly. If your loved one was harmed, there’s a chance the facility was minimally compliant but still careless. This is where legal support is important.
How an Attorney Can Investigate Background Check Compliance
Having an attorney on your side can give you peace of mind and help you get to the bottom of the nursing home hiring practices. They can help investigate why a staff member was hired. Some ways they may investigate background check compliance are:
- Request Employee Records: An attorney can request copies of all background checks, applications, and licenses, as well as hiring documents for all staff involved.
- Cross-Check Against State Registries: They can cross-check dates with the Illinois Health Care Worker Registry and Abuse Registry to confirm any red flags that were ignored.
- Subpoena Internal Communications: Attorneys can request copies of internal emails, hiring processes, and staff notes to look for negligence, warnings, or evidence of misconduct that was ignored or improperly addressed.
- Build a Case for Negligence: From here, they can build a case against the nursing home if someone was hired who shouldn’t have been, or if someone failed to act or appeared to be negligent.
What to Do If You Suspect a Staff Member Was Improperly Vetted
If you believe your loved one was harmed due to a staff member who was hired despite being underqualified or posing a risk to residents, you should take the following steps:
Step 1: Call a lawyer and discuss your legal options.
Step 2: Request written records of the employee’s background check, training, certifications, etc. If the facility refuses, a lawyer may help you obtain copies.
Step 3: File a complaint against the nursing home through the Illinois Department of Public Health. You can complete this online or via phone.
Step 4: Document every interaction and the steps taken. Include dates, names, and basic information about who said or did what.
Act quickly to begin these steps if you suspect nursing home abuse. Nursing homes can sometimes work fast to try to cover up misconduct, which could make it harder for you to seek justice for your loved one.
How Can a Chicago Nursing Home Abuse Lawyer Help You?
If you suspect your loved one is being abused in a nursing home, an attorney can help protect them and ensure they receive justice. A lawyer can investigate the situation, collect evidence, file lawsuits against the responsible parties, and negotiate with insurance companies to secure compensation for any medical expenses or pain and suffering endured by your loved one. In some cases, an attorney may even be able to hold the abusers criminally responsible for their actions. In any case, a lawyer can provide important legal guidance and protect your loved one’s rights during this difficult time.
By seeking the help of an experienced attorney, you can help put a stop to nursing home abuse and ensure that those responsible are held accountable for their actions. It is important that we all take a stand to protect our elderly loved ones and help ensure they are living in an environment of safety and respect.
If you or someone you love has been affected by nursing home abuse, please contact the Law Offices of David H. Brinton, LLC. You can call 312.445.4908 or contact us to set up your free consultation.