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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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Comment Period Closes on the CMS Proposed Rule on Arbitration Agreements in Long Term Care Facilities

On October 14, 2015, the public comment period closed on the “Reform of Requirements for Long Term Care Facilities” rule proposed by the Centers for Medicare & Medicaid Services. The rule, proposed on July 16, 2015, emerges from CMS’s effort to evaluate its regulations for long term care facilities (42 CFR Part 483, Subpart B)…

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