Long Term Care & Senior Living Blog

Over the next few weeks, the Sandberg Phoenix Long-Term Care and Senior Housing Team will be rolling out its analysis of the new CMS Final Rule revising the requirements that Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs. We will address each revision and how it impacts both the care provided to residents and how that care is to be provided.

Following recent natural disasters, such as Hurricane Sandy or episodes of serious flooding; the Centers for Medicare and Medicaid Services (CMS) published a Final Rule to help Medicaid & Medicare providers and suppliers plan for natural and man-made disasters. The new regulations provide consistent emergency preparedness requirements with a goal of enhancing patient safety during emergencies and a coordinated and defined response to disasters. 

As many of you are aware, on January 1, 2016, the Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act (the “Act”) became effective. This Act imposes various responsibilities on long-term care facilities in Illinois to allow residents to engage in electronic monitoring. The Department of Public Health (“IDPH”) also has certain responsibilities under the Act. The following Summary provides highlights of the background and requirements of the Act, IDPH and facilities’ respective responsibilities, and challenges presented for the facilities subject to the Act along with a few recommended actions in response to the Act. There’s also a link to the Consent and Notification Form promulgated by IDPH for use when a resident desires to use an authorized electronic monitoring device in a facility. If you have clients subject to this Act, you may want to pass this information along to them. I would be happy to answer any questions or provide additional information, if needed.

Illinois Attorney General Lisa Madigan recently announced a proposal to enact legislation allowing residents’ rooms in nursing homes to be monitored through video or audio electronic recording devices. Attorney General Madigan stated that Illinois nursing homes need “additional safety measures” as the number of citizens requiring long-term care continues to grow. Madigan said that giving nursing home residents and their families the option to monitor residents’ rooms would provide “peace of mind” to the residents and their families. State Senator Terry Link (D-Waukegan) reportedly will sponsor the legislation.¹