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News Updates

CMS’ New Proposed Rule Repeals Ban on Nursing Home Arbitration Agreements

The Centers for Medicare & Medicaid Services (CMS) has taken two significant steps away from its prior proposed ban on mandatory arbitration agreements in the long term care setting, abandoning its appeal of a decision blocking implementation of a prior rule banning mandatory arbitration agreements, and issuing a new proposed rule rescinding its prior ban…


U.S. Supreme Court Holds Federal Arbitration Act (FAA) Preempts Kentucky Law Disfavoring Arbitration Agreements

On May 15, 2017, the Supreme Court of the United States held in Kindred Nursing Centers, L.P. v. Clark, No. 16-32, that state courts are pre-empted by the Federal Arbitration Act (“FAA”) from singling out arbitration agreements for disfavored treatment. At issue in the underlying case were powers of attorney held by respondents, the wife…


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…


Bill Proposes Amendment to Nursing Home Care Act to Clarify Definition of “Resident’s representative”

A bill was recently proposed that would amend the Illinois Nursing Home Care Act (“NHCA” or the “Act”) to clarify the definition of “Resident’s representative.” Currently, a “Resident’s representative” is (1) someone other than the owner of the facility that is not related to the resident, or (2) an employee or agent of the facility…


In Memoriam, Timothy J. Murphy

In Memoriam Timothy J. Murphy December 3, 1954 – April 4, 2017 Accomplished lawyer, dedicated counselor, longtime colleague and friend, ARP Partner Tim Murphy will be greatly missed. He always strove to be his best and made it a point to live life to the fullest. Tim’s enthusiasm and positivity were contagious. We mourn his…


Second District Illinois Appellate Court rules on Quality Assessment and Assurance Protection Act

Second District Illinois Appellate Court rules that nursing home investigation reports are not privileged pursuant to the Quality Assessment and Assurance Protection Act. In Lindsey v. Butterfield Health Care II, Inc., the plaintiff appealed the judgment of the circuit court of DuPage County, requiring production of investigation reports the defendant Butterfield Health Care II, Inc.…


Our attorneys that have been recognized as 2017 Illinois Super Lawyers

The following attorneys were selected for inclusion in the 2017 edition of Illinois Super Lawyers Magazine, a publication of Thomson Reuters: Personal Injury/Medical Malpractice – Defense William C. Anderson, III Mark J. Lura Transportation/Maritime Susan K. Laing Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and…


ARP Attorney Edward MacCabe receives National Association of Railroad Trial Counsel’s Distinguished Member Award

Anderson, Rasor & Partners, LLP is proud to announce that attorney Edward MacCabe recently received the National Association of Railroad Trial Counsel’s Distinguished Member Award, in recognition of his years of exceptional contribution to the organization and the railroads nationally. The National Association of Railroad Trial Counsel is dedicated to the defense of the railroad…


Breaking news: Injunction granted barring CMS from implementing rule banning arbitration agreements in skilled nursing facilities

On November 7, 2016, Judge Michael Mills, a judge in the U.S. District Court for the Northern District of Mississippi, granted a request by the American Health Care Association to bar the CMS from implementing a rule that bans arbitration agreements in skilled-nursing facilities. The CMS rule, scheduled to become effective on November 28, 2016,…


American Health Care Association files lawsuit challenging CMS rule

Our firm previously sent a news update regarding the rule issued by CMS on September 28, 2016, banning pre-dispute arbitration agreements in nursing homes. Since then, the American Health Care Association filed a lawsuit challenging the legality of this rule. According to the lawsuit, pursuant to the Federal Arbitration Act, Congress is the only entity…



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