Trustees this week avoided legal action when they passed a nursing home regulation ordinance that eliminates a controversial chaperone provision.
The original statute proposed in October would have prohibited residents of Frankfort Terrace, the village’s only nursing home, from going outdoors without supervision, a requirement an attorney for the home said would deprive high-functioning patients of their rights.
Frankfort Terrace currently houses 120 residents, 14 of whom are capable of solo outings, according to administrator Judy Machrowicz.
The ordinance was drafted in response to complaints from some neighbors that residents engaged in disruptive behavior. The home’s attorneys said any complaints should be reported to Machrowicz.
Removing the chaperone clause showed village officials were listening to the nursing home representatives, nursing home attorney Patricia Bronte said. “What we talked about was a dialogue and I think that dialogue has begun,” she said.
“It’s good to hear that we’re communicating,” Mayor Jim Holland said. “We both came a long way.”
But nursing home officials still have some issues with Frankfort’s ordinance, she said, particularly the possibility that minor violations could leave Machrowicz personally liable for financial penalties.
Some of the village statute’s requirements are stricter than the state’s, Bronte said. The Frankfort home’s license could be revoked for even a small violation, while the state only revokes a license when a violation is substantial.
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Village Atty. George Mahoney said the law can be amended to follow the state’s Nursing Home Care Act procedures. “The mechanisms that we use have to be in compliance with the state statute,” he said.
Lawyers for Frankfort Terrace said they believe differences can be worked out. “I think the village is trying very hard,” attorney Howard Stone said.