Publications

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“Identified offender” rules repealed for under age 22 long term care facilities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.

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