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List of Forms by Chapter - Chapter 1 — Federal and State Regulation of Long-Term Care Facilities
- I. [1.1] Overview
- II. [1.2] Scope of Regulations
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III. Federal Regulation of Long-Term Care Facilities - [1.3] Sources of Federal Regulatory Authority and Regulation
- [1.4] Monitoring Compliance with Federal Regulations
- [1.5] Penalties for Noncompliance with Federal Regulations
- [1.6] Federal Regulatory Requirements Governing Provision of Care
- [1.7] Social Security Act
- [1.8] U.S. Department of Health & Human Services Regulations
- [1.9] Centers for Medicare & Medicaid Services Interpretive Guidances
- IV. State Regulation of Long-Term Care Facilities
- [1.10] Nursing Home Care Act
- [1.11] Amendments to the Nursing Home Care Act
- [1.12] P.A. 96-1372
- [1.13] P.A. 96-1373
- [1.14] Other Legislation Bearing on Quality of Care
- [1.15] Licensure
- [1.16] Promulgation of Rules, Regulations, and Minimum Standards
- [1.17] Enforcement of the Nursing Home Care Act and Administrative Regulations
- [1.18] Private Causes of Action
- [1.19] Illinois Administrative Code
- Chapter 2 — Surveys — Licensure and Enforcement
- I. [2.1] Scope of Chapter
- II. [2.2] Licensure
- III. [2.3] Types of Surveys
- IV. [2.8] Survey Procedures
- V. [2.9] Survey Results
- VI. [2.13] Notice of Violation
- VII. [2.14] Plan of Correction
- VIII. [2.15] Fines
- IX. [2.16] Quarterly List of Violators and Public Information
- X. [2.17] Monitor and Receivership
- XI. [2.18] License Revocation
- XII. [2.19] Hearings
- XIII. [2.20] Prehearing Process
- XIV. [2.21] Administrative Decisions
- XV. [2.22] Judicial Review
- XVI. [2.23] Informal Dispute Resolution
- XVII. [2.24] Sample Hearing Request Letter
- Chapter 3 — Involuntary Transfer and Discharge
- I. [3.1] Scope of Chapter
- II. [3.2] Federal Discharge
- III. [3.9] State Discharge
- IV. [3.10] Pre-Discharge Documentation and Requirements
- V. [3.11] Emergency Discharge
- VI. [3.12] Hearings
- VII. [3.13] Prehearing Process
- VIII. [3.14] Administrative Decisions
- IX. [3.15] Judicial Review
- X. Forms
- [3.16] Notice of Involuntary Transfer or Discharge and Opportunity for Hearing for Nursing Home Residents
- [3.17] Appointment of Representative for Purposes of Involuntary Discharge Hearing and Entry of Appearance
- [3.18] Nonpayment 30-Day Warning Letter (Letter No. 1)
- [3.19] Nonpayment Notice of Involuntary Discharge Letter (Letter No. 2)
- [3.20] Administrative Hearing Submission of Witnesses and Exhibits
- Chapter 4 — Long-Term Care Records Issues
- I. [4.1] Introduction
- II. [4.2] Medical Records
- Facility Records
- [4.3] How and When To Obtain Records
- [4.4] Issues Common to Long-Term Care Records
- [4.5] What Records To Look For
- [4.6] Hospital Records
- [4.7] Ambulance Records
- [4.8] Prior Treatment Records
- [4.9] Death Certificate
- [4.10] Autopsy Report
- [4.11] Medical Studies Statute
- [4.12] Help from Other Lawyers
- III. [4.13] The Defense Perspective
- IV. [4.14] Licensing/Regulatory Agency Records
- V. [4.20] Facility Employment Records
- VI. [4.24] Facility Policy and Procedure Manuals
- VII. [4.25] Incident/Accident Reports
- VIII. [4.26] Corporate Information
- IX. [4.31] Family/Residents Council Records
- X. [4.32] Police Reports
- XI. [4.33] Prior Lawsuit Records
- Chapter 5 — Medical Issues and Terminology in Long-Term Care
- I. [5.1] Introduction
- [5.2] Need for Long-Term Care — Statistics and Aging
- [5.3] Diseases of the Elderly
- [5.4] Cardiovascular Disease
- [5.5] Hypertension
- [5.6] Cerebral Vascular Accidents
- [5.7] Peripheral Vascular Disease
- [5.8] Dehydration
- [5.9] Gastrointestinal Issues
- [5.10] Cancer
- [5.11] Renal Functioning
- [5.12] Hepatic Functioning
- [5.13] Osteoporosis
- [5.14] Endocrine Disorders
- [5.15] Respiratory Diseases
- [5.16] Special Conditions That Are Problematic in the Nursing Home Setting
- [5.17] End-of-Life Issues
- II. [5.18] Summary
- III. [5.19] Additional Resources
- Chapter 6 — Nursing Issues in Long-Term Care
- I. [6.1] Introduction
- II. [6.2] Who’s Who in the Nursing Home Setting
- [6.3] Nursing Defined
- [6.4] Classifications of Nurses
- [6.5] Licensed Practical Nurse
- [6.6] Registered Nurse
- [6.7] Advanced Practice Registered Nurse
- [6.8] Advanced Practice Registered Nurse — Full Practice Authority
- [6.9] Long-Term Care Staffing
- [6.10] Nurse Staffing
- [6.11] Certified Nurse Assistants
- [6.12] Other Professionals
- [6.13] Physicians
- III. Admission to Discharge
- IV. [6.21] Summary
- V. [6.22] Additional Resources
- Chapter 7 — Plaintiff’s Perspective
- Chapter 8 — Defendant’s Perspective
- Tiffany E. Alberty
Tiffany E. Alberty
Tiffany E. Alberty is an associate at Jackson Lewis P.C. in Denver, Colorado, where she is a member of the Litigation Practice group. She focuses her practice on representing healthcare and hospitality employers in workplace law matters. Prior to joining Jackson Lewis, Alberty developed her litigation skills at a medical malpractice law firm in Chicago, where she represented individuals in nursing home and hospital claims. Alberty earned her J.D. from University of Illinois Chicago John Marshall Law School, where she served as a digital editor for the Review of Intellectual Property Law and was published in 2016 for her article about mass copyright infringement claims in the entertainment industry.
- Michael F. Bonamarte
Michael F. Bonamarte
Michael F. Bonamarte is a Partner at Levin & Perconti in Chicago, where he works passionately and diligently to help individuals and their families who have been harmed as a result of wrongful conduct, achieving outstanding results in a number of high-profile nursing home, wrongful-death, medical malpractice, and personal injury lawsuits. He speaks regularly for the Illinois Trial Lawyers Association and IICLE®. Bonamarte is a member of the Chicago, Illinois State, and American Bar Associations as well as the Illinois Trial Lawyers Association. He is Secretary of the Nursing Home Litigation Group of the American Association for Justice and President of the Justinian Society. Bonamarte received his B.S. with academic distinction from the University of Wisconsin-Madison and his J.D. from The John Marshall Law School.
- James M. Bream
James M. Bream
James M. Bream is a Partner at Cray Huber Horstman Heil & VanAusdal LLC in Chicago, where he focuses his practice on corporate healthcare and healthcare litigation. He is a member of the Defense Research Institute, Illinois Defense Counsel, and the Chicagoland Healthcare Risk Management Society. Bream received his undergraduate degree from the University of Wisconsin and his J.D. cum laude from the University of Minnesota Law School.
- Patricia Cline
Patricia Cline
Patricia Cline is President of Values Forward for Health LLC and focuses on life care planning and care management. Cline is a Midwest Chapter Board Member of the International Association of Rehabilitation Professionals and a member of the Illinois Guardianship Association and the Association for Bioethics and Humanities. She received her bachelor’s from DePaul University, her MSW from Jane Addams College of Social Work at the University of Illinois at Chicago, and both her master’s and doctorate from DePaul University.
- Shay Jacobson
Shay Jacobson
Shay Jacobson of Jacobsen Consulting in Homer Glen practices nurse life care planning. She is a Certified Nurse Life Care Planner and a National Master Guardian. She is a member of the American Association of Nurse Life Care Planners, the American Association of Legal Nurse Consultants, and the National Guardianship Association. Ms. Jacobson, a Registered Nurse in Illinois, received her B.S.N. and M.A. in nursing from the University of Iowa.
- Ari B. Kirshner
Ari B. Kirshner
Ari B. Kirshner is a Partner at McCabe Kirshner, P.C. in Lincolnwood, where he focuses his practice on long-term care litigation. Kirshner received his J.D. from Chicago-Kent College of Law.
- Steven M. Levin
Steven M. Levin
Steven M. Levin is Cofounder of and Senior Partner at Levin & Perconti in Chicago, with more than 30 years of plaintiffs’ personal injury litigation experience and success. He was among the first attorneys in the country to handle nursing home cases and has established a reputation as one of the country’s top litigators in nursing home litigation. He is a member of the National Consumer Voice for Quality Long-Term Care Leadership Council, an organization dedicated to protecting the rights of nursing home residents and their families, and is also the former Chair of the American Association for Justice Nursing Home Litigation Group. Levin has been named an Illinois Super Lawyer (2013 – 2022) and selected for inclusion in The Best Lawyers in America every year since 2013. Levin received his undergraduate degree from the University of Wisconsin-Madison and his J.D. from Loyola University Chicago School of Law.
- Anton J. Marqui
Anton J. Marqui
Anton J. Marqui is a Partner at Cray Huber Horstman Heil & VanAusdal LLC in Chicago, where he concentrates his practice on medical liability, nursing home litigation, and products liability litigation and counseling. He is a member of the Illinois State Bar Association and the Chicagoland Healthcare Risk Management Society, and he has been recognized by Emerging Lawyers. Marqui received his B.A. from Marquette University and his J.D. from DePaul University.
- Eric J. Parker
Eric J. Parker
Eric J. Parker is an attorney at Stotis & Baird Chartered in Chicago, where his practice focuses on elder law, probate, and estates. He is a member of the National Academy of Elder Law Attorneys and the Illinois State and Chicago Bar Associations. Mr. Parker received his B.A. from the University of Iowa and his J.D. from the Pepperdine University School of Law.
- Elise A. Ruff
Elise A. Ruff
Elise A. Ruff is an associate at the Law Offices of Steven J. Malman & Associates, P.C., in Chicago, where she concentrates her practice on nursing home negligence. She is a member of the Women’s, American, and Chicago Bar Associations; the Illinois Trial Lawyers Association; and the American Association for Justice. She received her B.A. from Indiana University and her J.D. from The UIC John Marshall Law School, where she was published in The John Marshall Review of Intellectual Property Law.
Long-Term Care Litigation (ARCHIVED 2020 EDITION)
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