May 2010

A Polsinelli Shughart Health Care Update:

Illinois Legislature Passes Nursing Home Care Act Reform - What Providers Need to Know Now

On May 7, 2010, the Illinois Legislature passed Senate Bill 326, which includes significant changes regarding how Illinois nursing homes are regulated. This bill is a response to the report done by the Task Force Governor Quinn formed following a series of negative news stories in the Chicago Tribune regarding Illinois nursing homes.

Virtually every advocacy and interest group involved in long term care (from unions to trial lawyers) participated in the negotiation process, and sought to have revisions made that favored their constituencies. While most of the more egregious proposals were beaten back (e.g., increased maximum fines of $100,000), a number of changes did go through that will have significant repercussions for providers. While some have assumed this bill would be limited to facilities serving individuals with serious mental illness, this is untrue. THE MAJORITY OF THESE CHANGES AFFECT ALL NURSING HOME PROVIDERS. The critical provisions that all providers should be aware of include, but are not limited to, High Risk designation for regulations, double fines and staffing requirements.

Click here to read a detailed description of the changes.

Attorneys at Polsinelli Shughart were involved in the negotiation of this bill and are well-versed in its various components. We will continue to monitor the implementation of these changes and keep you informed as the situation develops.

For More Information

For more information on this legislation and how it might affect your organization, please contact:

• Matthew J. Murer, 312-873-3603, mmurer@polsinelli.com
• Jason T. Lundy, 312-873-3604, jlundy@polsinelli.com
• Charles P. Sheets, 312-873-3605, csheets@polsinelli.com
• Kara Friedman, 312-873-3639, kfriedman@polsinelli.com

About Polsinelli Shughart PC

With more than 495 attorneys, Polsinelli Shughart PC is a national law firm that is a recognized leader in the areas of business litigation, financial services, bankruptcy, real estate, business law, labor and employment, construction, life sciences and health care. Serving corporate, institutional and individual clients regionally, nationally and worldwide, Polsinelli Shughart is known for successfully applying forward-thinking strategies for both straightforward and complex legal matters.

About Long-Term Care & Senior Housing

Polsinelli Shughart PC is one of the nation's leading providers of legal services to long-term care and senior housing -- two of the most dynamic areas of health care today. Providers face tremendous challenges, from strained and uncertain government payments for services to increased regulatory pressure and unprecedented realignments in the delivery of care. We have the knowledge and experience to help providers navigate through these challenges.

The firm can be found online at www.polsinelli.com.