News Updates

On September 28, 2016, the Health and Human services department issued a new rule barring any nursing home that receives federal funding from requiring its residents to resolve disputes via arbitration instead of in court, effective November 28, 2016. Any facility receiving federal funding will no longer be able to include mandatory arbitration provisions in […]

The National Pressure Ulcer Advisory Panel (NPUAP), the leading voice on pressure ulcer standards, recently released new labels for pressure damaged soft tissue. The new labels replace the well known term of “pressure ulcer” with that of “pressure injury.” This change was done in an effort to create a labeling system that is more inclusive […]

A controversial State bill has been proposed which, if passed, would amend the Nursing Home Care Act to require identifying information from individuals who make complaints against nursing homes. Under the proposed amendment, the identifying information would be kept confidential by the Illinois Department of Public Health but State investigators could gain access to this […]

First District Illinois Appellate Court rules that nursing home records of alleged assailant in resident-on-resident abuse case are privileged from production by the Illinois Mental Health and Developmental Disabilities Confidentiality Act In Stuckey v. The Renaissance at Midway, the defendants appealed the circuit court’s ruling requiring defendants to produce certain partially-redacted records regarding a nonparty […]

Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act Takes Effect January 1, 2016 Happy New Year from Anderson, Rasor & Partners! This is a reminder that on January 1, 2016, the Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act took effect. The Act covers, among other things, facilities licensed under the Illinois Nursing […]

In Fiala v. Bickford Senior Living Group., LLC, the plaintiff appealed the judgment of the circuit court of Kane County, dismissing his medical-battery and civil-conspiracy claims against defendant Dr. Rabia Naveed and striking his request for punitive damages. (This case may sound familiar. This matter previously came before the Appellate Court when defendant Bickford Senior […]

On October 14, 2015, the public comment period closed on the “Reform of Requirements for Long Term Care Facilities” rule proposed by the Centers for Medicare & Medicaid Services. The rule, proposed on July 16, 2015, emerges from CMS’s effort to evaluate its regulations for long term care facilities (42 CFR Part 483, Subpart B) […]