Attorneys at Sandberg Phoenix represent long term care and senior living industry throughout the Midwest and have a long history of litigating and winning cases concerning all areas of professional liability claims and representing clients before administrative and regulatory bodies. Committed to sharing their knowledge and insight with the people who need it most, the Long Term Care and Senior Living Blog addresses current topics and issues of vital importance to the senior living and long term care industries.

Big Changes to Illinois Involuntary Discharges

Changes are coming to Illinois Involuntary Transfer or Discharge procedures as a result of a recent Appellate Court ruling in Lakewood v. IDPH, et al. Lakewood raised three questions: 1) whether the law requires IDPH to hold the hearing within 10 days of a request, 2) whether the law requires IDPH to render a decision…

Proposed Legislation Regarding Long-Term Care Facilities in Missouri – March 2018

Pilot Program To Transfer Facility Inspections From The Department Of Health And Senior Services to Local Health Departments (HB – 1555) Missouri Representative James Neeley is sponsoring a bill that would create a pilot program to transfer the authority to inspect nursing homes from the Department of Health and Senior Services to local health departments….

Significant Changes Ahead for Missouri Litigators – Part III

The Missouri Supreme Court approved two completely new jury instructions for civil cases that require the immediate attention of Missouri civil litigators, becoming effecting July 1, 2017. Rules E1.00 and E1.01 allow the Court to read an Early Case Summary to the jury before the beginning of voir dire. The instruction is not mandatory, but…

Significant Changes Ahead for Missouri Litigators – Part II

In addition to the proposed changes to the collateral source rule discussed in last week’s article, the Missouri Legislature is also working toward significant changes to the standard for the admission of expert witness testimony. Currently, pursuant to RSMo § 490.065, witnesses can be qualified as experts and permitted to offer opinions if they possess…

Significant Changes Ahead for Missouri Litigators – Part I

Recent actions by both the Missouri Senate and Missouri House of Representatives regarding the admissibility of evidence in civil actions would substantially change the litigation of medical negligence cases. In this article I discuss the proposed changes to RSMo § 490.715 related to the admissibility of evidence of the cost of medical care; commonly referred…

CMS Changes Position to Support Arbitration Agreements in Long Term Care Settings

The Centers for Medicare and Medicaid Services (CMS) advised in June that it was going to back off its prior position on prohibiting nursing homes from including arbitration provisions in admission contracts. CMS has reversed its prior position and is currently drafting a new rule, which would allow pre-occurrence arbitration agreements to stand. The Fair…

Delays in Illinois Medicaid Approval Under Fire

As every long-term care facility doing business in Illinois can attest, Medicaid eligibility determinations and benefit awards have been slow, with HFS often falling months, if not years, behind. A group of SNFs and their residents are trying to change that. Several healthcare providers and their patients have filed suit against Felicia Norwood in her…

CMS: Change in Direction on Arbitration Ban

On September 28, 2016, CMS created the “Arbitration Rule”, banning arbitration agreements in nursing home admission agreements. By creating this Rule, CMS took the position that, due to the inequality of bargaining power between potential nursing home residents and long term care facilities, those facilities could no longer require, or even offer, binding arbitration as…

Proposed “Arbitration Fairness Act of 2017” Continues Trend to End the Enforcement of Pre-Dispute Arbitration Agreement

Sen. Al Franken of Minnesota and Rep. Hank Johnson of Georgia have introduced the Arbitration Fairness Act of 2017. This bill, if enacted, would amend the Federal Arbitration Act (FAA) by adding a new chapter invalidating agreements that require arbitration of employment, consumer, antitrust or civil rights disputes entered into before a dispute arises. Sen….

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