Legal Updates

Proposed amendment to the Nursing Home Care Act for complaints made to the Illinois Department of Public Health

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…

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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

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…

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Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act

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…

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Second District Illinois Appellate Court rules that the plaintiff may plead claim for punitive damages in a complaint consisting entirely of intentional tort-based claims

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…

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