Legal Updates

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,…

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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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Kakos Decision Announced

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…

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Arbitration agreements banned under new CMS rule

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…

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Changes from the National Pressure Ulcer Advisory Panel

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…

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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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