Publications

Illinois Bar Journal
Articles on Nursing Homes

Attention estate planners: new Medicaid asset transfer rules finally adopted By Helen W. Gunnarsson November 2011 Lawpulse, Page 550 New state regulations, passed in response to federal requirements after years of delay, make it harder for nursing home care recipients to both shelter assets and stay eligible for Medicaid.
Gifts of income subject to Medicaid asset transfer policies March 2011 Illinois Law Update, Page 124 On December 28, 2010, the Appellate Court of Illinois, Fourth District, reversed a decision of the Circuit Court of Sangamon County, finding that "gifts of income" are subject to the asset transfer policies of the federal Medicaid statute (see 42 USC § 1396p (2006)).
Medicaid law doesn’t preempt state’s ability to collect for nursing-home bill By Helen W. Gunnarsson June 2008 Lawpulse, Page 278 The state can go after the at-home spouse to recover the institutionalized spouse's nursing home expenses, the Illinois Supreme Court rules.
Nursing Home Care Act amended. PA 095-0031 January 2008 Illinois Law Update, Page 16 The 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.
Medicaid Planning in Illinois: Are You Ready for the DRA? By Kirsten Izatt November 2007 Article, Page 586 The 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.
“Identified offender” rules repealed for under age 22 long term care facilities July 2007 Illinois Law Update, Page 348 The Department of Public Health has made changes to Part 390 (Long Term Care for Under Age 22 Facilities) of Title 77 (Public Health) to reflect amendments to the Nursing Home Care Act, 210 ILCS 45/2-101 et seq.
Ambulance rules passed to avoid fraudulent use - PA 094-1063 February 2007 Illinois Law Update, Page 72 In order to prevent the fraudulent ordering of ambulances for non-emergency purposes and to greater explain the effects to those who ordered the ambulances, the Illinois General Assembly has added a new section both to the Nursing Home Care Act, at 210 ILCS 45/2-217, and to the Hospital Licensing Act, at 210 ILCS 85/6.22. 
Impending Regs Affect Planning for Clients Facing Long-Term Care By Helen W. Gunnarsson February 2007 Lawpulse, Page 66 The 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.
Changes made to orientation and training for employees in long-term care facilities October 2006 Illinois Law Update, Page 526 Effective August 7, 2006, the Illinois Department of Public Health has amended part 350 of title 77, 77 Ill Adm Code 350. 
Rate increases provided for developmental care facilities and agencies August 2006 Illinois Law Update, Page 404 The Illinois Department of Health and Family Services has amended 89 Ill Adm Code 153. The amendment grants rate increases of three percent to "intermediate care facilities for persons with developmental disabilities" (ICF/MRs) and to agencies for developmental training. 
State can’t dun surviving spouse’s estate for nursing home bill By Helen W. Gunnarsson August 2006 Lawpulse, Page 398 The Illinois Supreme Court ruled that the state can't seek reimbursement for long-term care from a surviving spouse's estate, making the revocable living trust an even more attractive estate-planning tool. 
Winning Tax Exemption for Illinois Nonprofit Nursing Facilities: No Easy Task By Neville M. Bilimoria August 2006 Article, Page 420 A little-known Illinois Supreme Court case makes it much harder for nonprofit nursing homes to get a property tax exemption.
Employees required to report misappropriation of residents’ property in nursing homes - PA 094-0026 August 2005 Illinois Law Update, Page 390 Effective January 1, 2006, the Nursing Home Care Act ("Act") is amended by adding new section 1-116.5 and altering section 3-610. 
Nursing home litigation: no certificate of merit required By Helen W. Gunnarsson May 2003 Lawpulse, Page 220 In a victory for plaintiffs, the Illinois Supreme Court ruled that litigants need not attach 2-622 certificates of merit to suits against nursing homes under the Nursing Home Care Act.
Plaintiff asserting private right of action for personal injury under Nursing Home Care Act does not have to attach certificate and report under section 2-622 of Code of Civil Procedure May 2003 Illinois Law Update, Page 226 On February 21, 2003, the Illinois Supreme Court affirmed the decision of the appellate court that a plaintiff asserting a private right of action under the Nursing Home Care Act, 210 ILCS 45/1-101.
Trial court erred in granting state guardian authority to place disabled adult in skilled-care nursing home prior to holding involuntary commitment hearing March 2003 Illinois Law Update, Page 116 On December 10, 2002, the Appellate Court of Illinois, Fourth District, affirmed in part and reversed and remanded in part the order of the Circuit Court of Adams County appointing the state guardian as limited guardian of Muellner.
Eligibility for admission to veterans homes expanded January 2003 Illinois Law Update, Page 14 The Illinois Department of Veterans' Affairs has amended 95 Ill Adm Code 107 to include former members of the National Guard or Reserve Forces of the United States among those eligible for admission into an Illinois Veterans Home.
Civil monetary penalty against nursing home proper when supported by substantial evidence that Medicare regulations were violated October 2002 Illinois Law Update, Page 512 On August 15, 2002, the United States Court of Appeals for the Seventh Circuit concluded that a civil monetary penalty assessed to the plaintiff by the Department of Health and Human Services for violations of Medicare regulations was proper.
Mental health services in nursing facilities May 2002 Illinois Law Update, Page 232 On February 15, 2002, the Illinois Department of Public Aid adopted amendments to section 145 of the Illinois Administrative Code. 89 Ill Adm Code 145.
Claim brought pursuant to the Nursing Home Care Act need not comply with § 2-622 of the Code of Civil Procedure requiring a physician’s affidavit verifying the claim December 2001 Illinois Law Update, Page 624 On September 26, 2001, the appellate court, fourth district, answered the certified question of whether the plaintiff's negligence claim brought pursuant to the Nursing Home Care Act (Act), 210 ILCS 45/3-601.
Veterans home charges September 2001 Illinois Law Update, Page 454 On June 29, 2001, the Illinois Department of Veterans' Affairs adopted amendments to section 108 of the Illinois Administrative Code.
Reporting unusual incidents August 2001 Illinois Law Update, Page 398 On June 15, 2001, the Illinois Department of Children and Family Services (department) adopted amendments to section 331 of the Illinois Administrative Code. 89 Ill Adm Code 331.
Correspondence from Our Readers September 2000 Column, Page 490 Nursing home overview a "brief from plaintiff's viewpoint"?
First Things First: Evaluating a Nursing Home Case By Steven M. Levin and David H. Brinton June 2000 Article, Page 349 Pointers on deciding whether to pursue, refer, or reject a nursing home case.
Illinois Nursing Home Litigation 2000 By Stephen C. Buser June 2000 Column, Page 302 For years lawyers ignored clients who wanted to file suit against a nursing home.
An Overview of Illinois Nursing Home Litigation By Stephen C. Buser and Harriet H. Hamilton June 2000 Article, Page 316 A practice-oriented review of Illinois and federal statutes and cases governing nursing home lawsuits.
Pressure-Sore Litigation: An Overview By Paul W. Johnson and Veronica L. Armouti June 2000 Article, Page 336 An exploration of the legal and medical issues raised by pressure sores in the nursing home setting.
Siderail Use and Legal Liability in Illinois Nursing Homes By June A. Braun and Elizabeth Capezuti June 2000 Article, Page 324 The authors argue that routine use of bed siderails is neither good for patients nor effective defensive medicine.
Nursing home’s reassignment of worker to different wing of nursing home to accommodate employee’s pregnancy restriction did not constitute voluntary undertaking for purposes of establishing a duty of care December 1999 Illinois Law Update, Page 636 On September 30, 1999, the fourth district of the Illinois Appellate Court affirmed the trial court's grant of summary judgment to the defendants, Walker Nursing Home, finding that the defendants owed plaintiff, Javette Brown (an employee of the nursing home).
The amendment to the Nursing Home Care Act that repeals the right to treble damages applies retroactively to pending cases. June 1999 Illinois Law Update, Page 304 On April 15, 1999, the Illinois Supreme Court affirmed the appellate court and trial court, and held that the amendment to the Nursing Home Care Act (``Act'') (210 ILCS 45/3-602 (West 1996)) should be applied retroactively to prohibit the recovery of treble damages from a licensee to a facility resident.