(210 ILCS 45/2-103) (from Ch. 111 1/2, par. 4152-103) Sec. 2-103. A resident shall be permitted to retain and use or wear his personal property in his immediate living quarters, unless deemed medically inappropriate by a physician and so documented in the resident's clinical record. If clothing is provided to the resident by the facility, it shall be of a proper fit. The facility shall provide adequate storage space for the personal property of the resident. The facility shall provide a means of safeguarding small items of value for its residents in their rooms or in any other part of the facility so long as the residents have daily access to such valuables. The facility shall make reasonable efforts to prevent loss and theft of residents' property. Those efforts shall be appropriate to the particular facility and may include, but are not limited to, staff training and monitoring, labeling property, and frequent property inventories. The facility shall develop procedures for investigating complaints concerning theft of residents' property and shall promptly investigate all such complaints.
So in other words, they only have to make reasonable efforts.
One would need to read the entrance papers that were sign when the patient was brought it. Hearing aids, glasses, dentures tend to become missing because the elder had misplaced them, or had put an item into a tissue and the staff thought was trash.
My Mom's hearing aid kept falling out because she didn't like having the ear piece pushed all the way in. Eventually I just took away the hearing aid as she could barely hear when using it. Mom had her glasses missing for a couple of day, but I did find them among the wires and braces under the hospital bed, the glasses were up against a brace where one couldn't see it unless crawling around with a flash light.
The nursing home put in writing that they would replace the hearing aids. We have no how or when aids and clips were lost. Nursing home was supposed to put in and take out and store aids. In fact, the hearing aids had a clip that was to be attached to my moms clothes so that they would not be lost. The staff was to be trained about using clips. My mom could not undo clips because of her bad arthritis. Thus it is the negligence of nursing home and they should replace them.
If the nursing home agreed in writing to replace the hearing aids, it seems to me they must do it. How long ago were they lost? When did the nh sign the agreement? What have you done since then? Have you requested in writing information on when the aids will be replaced? Asked for a status? Has Mom been fitted for new aids yet?
Is mom by any chance on Medicaid? If so, I believe they will replace a lost pair of hearing aids.
From another post it sounds like the nursing home took responsibility to contact Medicaid and replace previous losses. Medicaid has a limit as to how many/how often they will provide replacements. You can appeal for an exception. For example, people with dementia may be considered for some exceptions. Ask the nursing home if they will go through the appeal process with Medicaid.
My mom had hearing aids "insurance" we purchased in addition when we bought her hearing aide. My mother lost hers - most likely thrown away in a tissue and was replaced by the hearing aide company. That is great if indeed the nursing home will replace her lost hearing aide. I wasn't aware they would accept the responsibility for it. I personally wouldn't (& didn't) hold them responsible when she lost it. My brother started taking the hearing aide home at night and brought it back the next day. I would think NH couldn't afford to replace all the lost hearing aides - they can get lost anywhere- in the sheets, clothing, etc. Good luck! You are fortunate if they replace it.
Sec. 2-103. A resident shall be permitted to retain and use or wear his personal property in his immediate living quarters, unless deemed medically inappropriate by a physician and so documented in the resident's clinical record. If clothing is provided to the resident by the facility, it shall be of a proper fit.
The facility shall provide adequate storage space for the personal property of the resident. The facility shall provide a means of safeguarding small items of value for its residents in their rooms or in any other part of the facility so long as the residents have daily access to such valuables. The facility shall make reasonable efforts to prevent loss and theft of residents' property. Those efforts shall be appropriate to the particular facility and may include, but are not limited to, staff training and monitoring, labeling property, and frequent property inventories. The facility shall develop procedures for investigating complaints concerning theft of residents' property and shall promptly investigate all such complaints.
So in other words, they only have to make reasonable efforts.
Hope this helps.
My Mom's hearing aid kept falling out because she didn't like having the ear piece pushed all the way in. Eventually I just took away the hearing aid as she could barely hear when using it. Mom had her glasses missing for a couple of day, but I did find them among the wires and braces under the hospital bed, the glasses were up against a brace where one couldn't see it unless crawling around with a flash light.
Is mom by any chance on Medicaid? If so, I believe they will replace a lost pair of hearing aids.
That is great if indeed the nursing home will replace her lost hearing aide. I wasn't aware they would accept the responsibility for it. I personally wouldn't (& didn't) hold them responsible when she lost it. My brother started taking the hearing aide home at night and brought it back the next day. I would think NH couldn't afford to replace all the lost hearing aides - they can get lost anywhere- in the sheets, clothing, etc.
Good luck! You are fortunate if they replace it.