Subject Index Nursing Homes

Residents in nursing homes, assisted living facilities, and other care facilities can now designate a family member or other person as a “primary essential support person” in their care plan. A primary essential support person can continue visiting the resident even with general restrictions in place for visitations, including restrictions to limit the spread of disease.

On June 5, 2024, the First District of the Illinois Appellate Court held that summary judgment was improperly granted in a Medicaid case.

The Illinois General Assembly amended the Nursing Home Care Act. Psychotropic medication may now be used in a nursing home only if supported by a diagnosis and if beneficial to the patient. The patient’s medical record must support the benefit of psychotropic medication over other prescribed medications. This restriction applies to both nonemergency and emergency situations.

On Feb. 13, 2024, the Fourth District of the Illinois Appellate Court held that parties alleging the Federal Arbitration Act (FAA) preempts the Nursing Home Care Act (NHCA) must prove that the governing contract evidences a transaction involving commerce.

The Department of Public Health adopted amendments to its hospital licensing requirements. General acute or critical access hospitals that provide limited inpatient or observation services to pediatric patients must have a written agreement with a licensed pediatric unit if they do not have a pediatric unit, a board-certified pediatrician, or a board-eligible pediatrician in the hospital or on call 24 hours daily.

On Sept. 30, 2022, the First District of the Illinois Appellate Court held that an arbitration agreement waiving the right to attorney fees without adequate consideration was unenforceable.

The Department of Public Health amended the Skilled Nursing and Immediate Care Facilities Code, the Sheltered Care Facilities Code, and the Illinois Veterans’ Homes Code, requiring all covered facilities to adopt policies for regular water systems testing for Legionella bacteria, which causes Legionnaire’s disease.

The Department of Public Health adopted amendments to the Intermediate Care for Developmentally Disabled Facilities Code, adding criteria and procedures for determining whether a facility is “distressed” and restrictions for any “distressed facility” under the Nursing Home Care Act.

The Department of Public Health (DPH) amended the Skilled Nursing and Intermediate Care Facilities Code to incorporate various federal requirements. Any person who establishes, constructs, or modifies a healthcare facility without obtaining a Health Facilities and Service Board permit or violates terms of the permit is not eligible for operating licenses and payment services from the state

The Nursing Home Care Act is amended to update the procedures for obtaining informed consent from nursing home residents prior to administering psychotropic medication.

The Department of Public Health adopted several amendments to the Skilled Nursing and Immediate Care Facilities Code, implementing the Nursing Home Care Act. The amendments grant the department increased oversight of nursing homes, including increased penalties for violations of the Code and new procedures for obtaining informed consent for the administration of psychotropic drugs.

Serving as the personal representative of his wife's estate, the plaintiff brought suit against defendants Silvis Operations, LLC (which owns and operates Lighthouse of Silvis, an assisted living facility in Silvis, Illinois) and Cynthia McCoy (a nurse at that facility).

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)).

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.

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.

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. 

Effective August 7, 2006, the Illinois Department of Public Health has amended part 350 of title 77, 77 Ill Adm Code 350. 

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. 

Effective January 1, 2006, the Nursing Home Care Act ("Act") is amended by adding new section 1-116.5 and altering section 3-610. 

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.

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.

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.

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.