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Matthew J. Murer
Practice Area Chair
(312) 873.3603
mmurer@polsinelli.com
Jason T. Lundy
Practice Area Vice Chair
(312) 873.3604
jlundy@polsinelli.com
Charles P. Sheets
Practice Area Vice Chair
(312) 873.3605
csheets@polsinelli.com
Douglas K. Anning
(816) 360-4188
danning@polsinelli.com
Mary Beth Blake
(816) 360-4284
mblake@polsinelli.com
Teresa A. Brooks
(202) 626-8304
tbrooks@polsinelli.com
Anne M. Cooper
(312) 873.3606
acooper@polsinelli.com
Joan B. Kilgore
(314) 889-7008
jlundy@polsinelli.com
Sang-Yul Lee
(312) 873.3631
slee@polsinelli.com
Jane K. McCahill
(312) 873-3607
jmccahill@polsinelli.com
Thomas J. Schenkelberg
(816) 360-4124
tschenkelberg@polsinelli.com
Andrew B. Turk
(602) 650-2097
abturk@polsinelli.com
For more information about our Long-Term Care and Senior Housing practice, or for a complete listing of attorneys who specialize in this area, click here.
www.polsinelli.com
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September 2010 |
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Court of Appeals Rules against Illinois Department of Public Health
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Court dismisses state licensure violations and fines based on IDPH's delay |
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On August 20, 2010, the Illinois Court of Appeals confirmed that the Illinois Department of Public Health (IDPH) faces a mandatory time frame to determine a licensure violation after a survey. Under Section 3-212(c) of the Nursing Home Care Act (NHCA), IDPH must make its determination of a State violation within 60 days after completion of a survey.
In the appellate case, IDPH alleged a Type A Violation and imposed a $10,000 fine as a result of a licensure survey, but issued its Notice of Violation and fine assessment 66 days after the survey. The Court of Appeals decided that IDPH lost jurisdiction over the survey because IDPH issued its Notice of Violations more than 60 days after the survey. The end result was complete dismissal of the alleged violation, fines and conditional license.
What You Need To Do Now
Anytime a facility receives a Notice from IDPH of state licensure violations and fines, the facility should carefully check the dates and time frame of IDPH's determination. The NHCA Section 3-212(c)’s mandatory time frame was previously “no later than 60 days” after completion of the survey. The recent amendments to the Nursing Home Care Act changed the time frame to “no later than 90 days” for surveys completed after the July 2010 effective date of amendments. The MR/DD Community Care Act also has Section 3-212(c) and its mandatory time frame remains 60 days.
For More Information
Contact Jason Lundy of Polsinelli Shughart PC at jlundy@polsinelli.com or 312.873.3604 for assistance with this analysis or more detail about the case. |
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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. |
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