News Updates

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. […]

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, […]

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 […]

In Kakos v. Butler, 2016 IL 120377, the Illinois Supreme Court unanimously held that Public Act 98-1132 (eff. June 1, 2015), which limited the size of a civil jury to 6 person and increased juror pay, infringed on the right to trial by jury. Article I, § 13 of the Bill of Rights to the […]

In September, ARP attorneys Sandra Iorio and Associate Jillian Book obtained a defense verdict on behalf of a hospitalist and her group in a case involving allegations of failure to timely diagnose lung cancer. The hospitalist was consulted during the plaintiff’s psychiatric admission for a chest x-ray which, by report, showed an opacity which may […]

On September 15, 2016, runners and walkers from Anderson, Rasor & Partners, LLP were pleased to partner with the Lawyers’ Assistance Program (LAP) in participating in Race Judicata®. AR&P was happy to have a strong turnout in their fourth year of participation and hopes to build on this success in 2017. The LAP is a […]

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 […]

ANDERSON, RASOR & PARTNERS, LLP is Pleased to Announce that Maureen A. McGuire Edward H. MacCabe Timothy J. Murphy David R. Schmidt Patrick R. Lavery George D. Russo and Brian J. Mulhern From MacCabe & McGuire have Joined our Firm Representing major clients in the transportation, retail, hospitality, entertainment, construction and non-profit industries, these new […]