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Long Term Care & Senior Living Blog

We offer updates on national on regional issues such as malpractice defense, regulatory compliance, labor and employment issues and estate planning.

Long Term Care & Senior Living Blog
September 7, 2018

Big Changes to Illinois Involuntary Discharges

Changes are coming to Illinois Involuntary Transfer or Discharge procedures as a result of a recent Appellate Court ruling in Lakewood v. IDPH, et al. Lakewood raised three questions: 1) whether the law requires IDPH to hold the hearing within 10 days of a request, 2) whether the law requires IDPH to render a decision on the discharge within 14 days of the hearing request, and 3) whether IDPH can order the facility to allow a resident to stay longer than 10 days after the final order is received.

Long Term Care & Senior Living Blog
June 21, 2017

Delays in Illinois Medicaid Approval Under Fire

As every long-term care facility doing business in Illinois can attest, Medicaid eligibility determinations and benefit awards have been slow, with HFS often falling months, if not years, behind. A group of SNFs and their residents are trying to change that. Several healthcare providers and their patients have filed suit against Felicia Norwood in her official capacity as the Director of the Illinois Department of Healthcare and Family Services (“HFS”) in federal court.

Long Term Care & Senior Living Blog
August 17, 2016

Illinois Wrongful Death Statute Extended in Violent Crime Circumstances

Effective January 1, 2017, Illinois will enact Molly’s Law, which extends the time period in which a victim’s family can file a wrongful death lawsuit in situations where the victim dies as the result of an act that was intentional and violent in nature. This law was introduced by State Representative Terri Bryant (R-Murphysboro) in February 2016. The law amends the current Wrongful Death statute of limitations from two years to five years for scenarios where the death is the result of violent intentional conduct or within one year after the final disposition of the criminal case if the defendant is charged with first degree murder,

Long Term Care & Senior Living Blog
April 21, 2016

Protect Mental Health Records as Required by Law

It is well known that health care providers have a duty to comply with HIPAA when providing medical records upon request. Don’t forget health care providers in Illinois also have a duty to comply with the Mental Health Developmental Disabilities Confidentiality Act. 740 ILCS 110/1.

Long Term Care & Senior Living Blog
February 17, 2016

Will Missouri be Next to Allow Electronic Monitoring Devices in Long Term Care Facilities?

Currently five states – Illinois, New Mexico, Oklahoma, Texas and Washington have laws requiring long term facilities to allow residents to request monitoring devices in resident rooms. Utah currently has legislation under consideration to allow monitoring, but the Utah legislation restricts the use of such devices to assisted living communities. Now, Missouri is looking at implementing legislation to add Missouri to the ranks of states allowing electronic monitoring in nursing homes.