In June 2019, the Illinois State Legislature passed a bill to address nursing home staffing by vastly increasing funding for struggling long-term care facilities. Under the law, the 2020 fiscal year budget increases nursing home providers’ budgets by $240 million to be shared equally by the State and Federal governments, with $70 million allocated to assist facilities to meet staffing requirements. Arguably, there is a direct correlation between staffing and incidents that may give rise to litigation. Financial and staffing components often directly factor into the quality of care residents receive, and legislative action such as that undertaken by Illinois is critical to improve the care long-term care facilities provide.
The White House Office of Management and Budget ("OMB") is reviewing a final rule to reverse a 2016 regulation banning nursing home operators from entering into pre-dispute arbitration clauses with their residents as a condition of participating in Medicare and Medicaid. According to the OMB’s web site, the rule “removes provisions prohibiting binding pre-dispute arbitration and strengthens requirements regarding the transparency of arbitration agreements in LTC facilities.” Per the OMB, the rule facilitates “the resident’s right to make informed choices about important aspects of his or her healthcare” and eliminates unnecessary burdens on long-term care providers.