Tag archive: illinois

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…

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…

Illinois Wrongful Death Statute Extended in Violent Crime Circumstances

Effective January 1, 2017, Illinois will enact Molly’s Law, which extends the time period in which a victim’s family can file a wrongful death lawsuit in situations where the victim dies as the result of  an act that was intentional and violent in nature. This law was introduced by State Representative Terri Bryant (R-Murphysboro) in…

Protect Mental Health Records as Required by Law

It is well known that health care providers have a duty to comply with HIPAA when providing medical records upon request. Don’t forget health care providers in Illinois also have a duty to comply with the Mental Health Developmental Disabilities Confidentiality Act. 740 ILCS 110/1. In Stuckey v. Renaissance at Midway, 2015  IL App (1st)…

Will Missouri be Next to Allow Electronic Monitoring Devices in Long Term Care Facilities?

Currently five states – Illinois, New Mexico, Oklahoma, Texas and Washington have laws requiring long term facilities to allow residents to request monitoring devices in resident rooms. Utah currently has legislation under consideration to allow monitoring, but the Utah legislation restricts the use of such devices to assisted living communities. Now, Missouri is looking at…

Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act

As many of you are aware, on January 1, 2016, the Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act (the “Act”) became effective. This Act imposes various responsibilities on long-term care facilities in Illinois to allow residents to engage in electronic monitoring. The Department of Public Health (“IDPH”) also has certain responsibilities under the…

The Power of Metadata

In an era where long-term care facilities are increasingly implementing the use of electronic medical records, facilities need to be aware of the issues that might come into play during litigation. Unlike paper charting, electronic medical records contain metadata.  Metadata identifies the individual who accesses a patient’s medical chart and tracks the dates and times…

Know Your Responsibilities Under Illinois’ Personnel Record Review Act Before Producing an Employee Personnel File

The State of Illinois has very specific requirements that apply to disclosure of employee personnel records. The requirements are codified in the Illinois Compiled Statutes as the Personnel Record Review Act, 820 ILCS 40/1 et seq. The Act addresses an entity’s response to requests for records from health care and other regulatory agencies, as well…

Update on Settlement Law in Illinois

Both Chambers of the Illinois legislature recently passed Senate Bill 1912 (Raoul, D-Chicago; Sims, D-Chicago) and transmitted the proposed law to the Governor, who has 60 days to take action. The proposed law would create strict requirements and harsh penalties for the failure of a settling party to timely effectuate settlement payment. The Bill would…

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