Law Office of Robert H. Gregory, PC

04/03/2025

Elon Musk, the world's wealthiest person, uses his DOGE chainsaw to slash staff of federal agency that coordinates funding for Meals on Wheels, which will in turn contribute to food security issues for elderly and disabled Americans.

Staff that administer programs to help the elderly, disabled people and poor families with basic needs lost their jobs amid the Trump administration's layoffs.

03/25/2025

Elon Musk thinks Social Security is a "ponzi scheme." This is how little he understands about one of the greatest programs ever devised to prevent senior poverty in our country. We pay taxes on our income to fund the system, yet he treats it like it's some kind of government handout.

DOGE cuts are making the Social Security Administration fall apart.

08/21/2024

Only 16% of Illinois Nursing Homes Meet New Federal Staffing Requirements

According to this recent news article, only about 16% of Illinois skilled nursing facilities meet new federal regulatory requirements that mandate the minimum number of direct nursing and nursing aide's minutes of care that must be provided to residents daily in order to provide safe and adequate care.

Timely care is essential for many nursing home residents. New federal staffing standards from the Centers for Medicare and Medicaid Services are aimed at improving access to care, but some advocates say the measures don’t do enough.

03/26/2024

Petersen Health Care Files Bankruptcy

Petersen Health Care, an elder care company headquartered in Peoria, Illinois, which owns and/or operates about 90 senior care facilities, mostly in rural Illinois, has filed for federal bankruptcy protection in Delaware.

The company, which currently houses more than 5,000 residents, disclosed that has roughly $163 million in senior facility-related debt, with a total debt of about $295 million dollars.

According to one of its bankruptcy attorneys, Petersen Health plans to sell its nursing homes to new care providers in the bankruptcy proceeding.

Skilled nursing facilities owned by Petersen Health in southwestern Illinois which could be impacted by the bankruptcy filing include Collinsville Rehab and Health Care Center, Robings Manor Rehab and Health Care Center and Courtyard Estates, both located in Brighton, Illinois, Lebanon Care Center in Lebanon, Illinois, and Swansea Rehab and Health Care Center in Swansea, Illinois.

I urge family members who have loved ones residing in Petersen Health-owned facilities to check on the residents, and ask questions of the administration as to whether, and if so, how, care may be impacted by the bankruptcy filing and planned sales of any Petersen Health facilities.

Source: Thomson Reuters

02/06/2024

This is an interesting case involving a nursing home in our area. I urge all family members of loved ones who are in need of skilled nursing care to carefully read the facility's admission contract before signing it to determine whether it contains an arbitration clause, and to consider whether they want to deprive their family member of a trial by a jury of their peers in the event of injury as a result of the nursing home's neglect. Skilled nursing facilities are prohibited from denying admission of a resident because of the family's refusal to sign an arbitration clause in an admission contract.

An appellate court judge has ruled that a plaintiff who filed a wrongful death case on behalf of her mother was not bound by an arbitration agreement she had signed in her role as power of attorney.

02/06/2024

This is an interesting case involving a skilled nursing facility in our area, Jerseyville Manor. In this case, a resident died while residing in the nursing home, allegedly of Covid. The resident's family filed a complaint against the nursing home, alleging damages under both the Survival statute which provides for damages for injuries suffered by the resident during her lifetime, as well as a claim brought pursuant to the Wrongful Death Act, which allows the next of kin of the resident to recover for their losses as a result of the death of their loved one.
The nursing home admission agreement contained an arbitration clause, the effect of which is to bar these types of cases from being heard by a jury and requires the parties to instead submit the claim to binding arbitration by a single arbitrator, usually a retired judge or an attorney.
The Appellate Court's decision held that while the arbitration clause was binding on the resident's claim for damages under the Survival statute and therefore required arbitration of that count of the complaint, it was not binding on the next of kin, allowing them to proceed to a jury trial under the Wrongful Death claim against the nursing home.
The takeaway here is that family members should read the nursing home admission contract and determine whether they want to take away the right of their loved one to have a jury of 12 people decide whether the nursing home was liable for its acts or omissions.

An appellate court judge has ruled that a plaintiff who filed a wrongful death case on behalf of her mother was not bound by an arbitration agreement she had signed in her role as power of attorney.

11/21/2023

This is a long article, but it sets forth the positions of both nursing home resident advocates and the nursing home industry's response to proposed new CMS guidelines for nursing home resident care.
In its simplest terms, it comes down to how much our society is willing to do to protect the rights of one of the most vulnerable segments of our population, one that is growing daily as Baby Boomers enter skilled nursing facilities in ever-increasing numbers.

More than two months after the Centers for Medicare & Medicaid Services (CMS) announced its minimum staffing proposal for the skilled nursing

10/13/2023

One of the most frequently-asked questions my office receives is whether, and if so how much, Medicare pays for skilled nursing care. My thanks to U.S. News and World Report for this article that helps outline the financial responsibilities of Medicare and nursing home residents:

Understanding what happens when Medicare ends its coverage for skilled nursing care is crucial for the well-being of your loved ones. In this informative guide, we'll walk you through what Medicare covers, when the coverage ends and options for what to do.

09/22/2023

In an effort to correct the chronic understaffing at nursing homes nation-wide, the Biden administration recently announced a proposed rule change which will require, among other things, that each nursing home resident receive .55 hours of nursing care from a registered nurse daily, as well as an additional 2.45 hours of daily care from certified nursing aides.

More details are included in the following article:

The Biden administration plans to regulate nursing home staffing levels for the first time, amid questions about quality of care.

07/31/2023

This article provides a basic outline for the Medicaid eligibility issues that many of our nursing home residents and their families are often required to understand in order for Medicaid to assist them in payment for long-term care.

Demystify the Medicaid spend down process and gain insights into how it works. Understand the intricacies of asset reduction to qualify for Medicaid coverage.

05/16/2023

I came across this article the other day. The author does a good job of helping individuals understand the differences between nursing homes and assisted living facilities, and also provides a basic explanation of what costs may be covered by Medicare or Medicaid in certain circumstances.
Feel free to call our office with any questions you may have if you are faced with the decision of whether a family member is in need of greater care than they are able to provide for themselves, and which of the options explained in this article may be better in your particular case.

Learn about the key differences between nursing homes and assisted living communities to determine which is the best option for your loved one.

04/14/2023

The structure of ownership and control outlined in this article is unfortunately all too common in the nursing home industry. The true owners of these nursing homes often gut the facility financially and put the lives of their residents at risk while earning enormous profits. https://kffhealthnews.org/news/article/nursing-home-owners-drained-cash-during-pandemic-while-residents-deteriorated/