Implementation of the Assisted Living and Shared Housing Establishment CodeNovember 2012Illinois Law Update, Page 580The Assisted Living and Shared Housing Act (the "Act") provides for the operation of assisted living and shared housing establishments based on a residential model intended to promote independence, autonomy, privacy and dignity of its residents, as well as greater family and community involvement. 210 ILCS 9/5.
Paying for Long-Term Care in IllinoisBy William Siebers and Zach HesselbaumOctober 2012Article, Page 536There are five ways to pay for long-term care in Illinois. This article discusses all five and brings you the latest on the ever-shifting Medicaid and Veterans' Administration rules.
New Long-Term Care Medicaid Rules Finally Come to IllinoisBy Diana Law and William SiebersJanuary 2012Article, Page 30Effective January 1, Illinois finally brought its Medicaid rules for long-term care into compliance with federal requirements. The new rules make it harder for Illinois long-term care recipients to protect their assets while preserving Medicaid eligibility. Here's what you need to know.
Ethical Issues in Representing Elderly Clients with Diminished CapacityBy Kerry R. PeckNovember 2011Article, Page 572When can - and must - you allow your diminished-capacity client to make a decision you advise against? This article explores this and other ethics issues that arise in serving elderly clients.
Update of the Elder and Neglect ProgramAugust 2011Illinois Law Update, Page 388The Department on Aging updated the Elder and Neglect Program. 89 Ill Adm Code 270. Some key new sections and amendments will be examined in this article, but the entire section should be consulted to see all updated rules.
Proposed Medicaid transfer limits unfair to elderly, council saysBy Helen W. GunnarssonDecember 2010Lawpulse, Page 610Proposed restrictions on asset transfers, designed to make Medicaid eligibility harder to get for nursing home residents, are unduly harsh, some ISBA lawyers say.
Illinois amends community care program for elderlyJune 2010Illinois Law Update, Page 292The Illinois Department on Aging (the department) modified the state's community care program to add an emergency home response service (EHRS) as a core service under the program.
Five Wishes: "zero cases of litigation"June 2009Column, Page 274We're flattered that authors Koenig and Hyde ("Be Careful What You Wish For: Analyzing the Five Wishes Advance Directive," IBJ May 2009) pored over our document, and as would a law student studying a model contract, found areas that might-could-maybe-potentially become a problem.
Community Care Program updatedMarch 2009Illinois Law Update, Page 122The Department on Aging amended Title 89 Ill Adm Code 240, which regulates social services and governs the Illinois Community Care Program.
Illinois Act on Aging amended. PA 095-0565July 2008Illinois Law Update, Page 340The Illinois General Assembly has amended the Illinois Act on Aging. 20 ILCS 105/4.02. Section 4.02 of the Act, titled "Community Care Program" has been changed by deleting language naming "home health services," "home nursing services," and "chore and housekeeping services," and adding subsections (k-6) through (k-8).
Stepping up the fight against elder abuseBy Helen W. GunnarssonJuly 2008Lawpulse, Page 334A leading elder-rights advocate says the Illinois legislature and judiciary can do more to prevent and identify elder abuse.
Cashing in on home sweet homeBy Helen W. GunnarssonApril 2008Lawpulse, Page 174Reverse mortgages are a popular, if controversial, way for elderly clients to cash in on the equity in their homes. Here's how they work and why you should be wary.
Elder Abuse and Neglect Act amended. PA 095-0402March 2008Illinois Law Update, Page 124The Illinois General Assembly has amended the Elder Abuse and Neglect Act to add provisions concerning abuse monitoring. 320 ILCS 20/15.
Missing Persons Identification Act created. PA 095-0192February 2008Illinois Law Update, Page 72Act provides law enforcement guidelines and requires all law enforcement agencies to accept "without delay" any report of a missing person.
Nursing Home Care Act amended. PA 095-0031January 2008Illinois Law Update, Page 16The Nursing Home Care Act has been amended to include minimum standards adopted by the Department of Public Health for the operation of nursing homes. 210 ILCS 45/3-202.
Ex post facto Medicaid "planning"By Helen W. GunnarssonNovember 2007Lawpulse, Page 570May an agent or guardian shift the principal's assets for Medicaid planning purposes after the principal has become disabled? Yes - but doing so can be expensive.
Medicaid Planning in Illinois: Are You Ready for the DRA?By Kirsten IzattNovember 2007Article, Page 586The Deficit Reduction Act of 2005 requires estate planners to devise new ways to protect the assets of clients who face long nursing-home stays. Illinois hasn't implemented the law, but it will.
DHS staff must now report elderly self-neglectAugust 2007Illinois Law Update, Page 40489 Ill Adm Code 10, "General Administrative Provisions," has been amended to add self-neglect to the list of elder abuse and neglect that department staff must report to the Department on Aging within 24 hours of discovery.
Impending Regs Affect Planning for Clients Facing Long-Term CareBy Helen W. GunnarssonFebruary 2007Lawpulse, Page 66The state is on track to issue new regulations that will make it harder for clients who are headed for nursing-home care to hang on to assets. Elder law and estate-planning practitioners need to be prepared with new strategies for the new rules.
New statutory language targets elder self-neglectBy Helen W. GunnarssonDecember 2006Lawpulse, Page 642Soon-to-be-effective changes to the Elder Abuse and Neglect Act will give authorities new power to intervene when elderly people can't take care of themselves.
POA amendments help protect incapacitated principalsBy Helen W. GunnarssonSeptember 2006Lawpulse, Page 458The new law empowers the Department of Aging and its provider agencies to go to court to require agents to produce their records, which will help authorities identify and stop abuse.
Allowing Disparate Impact Claims Under the ADEABy Lori D. Ecker and Joseph M. GagliardoApril 2005Article, Page 198Will the U.S. Supreme Court allow older employees to prove age discrimination based on employers' facially neutral practices?
Grandparent visitation, take 2By Helen W. GunnarssonSeptember 2004Lawpulse, Page 450The legislature passes a new grandparent visitation law, which is designed to cure the defects of its unconstitutional predecessor.
