Illinois Nursing Home Care Act Amendment Expands Protections Against Retaliation; Requires Additional Training, Education, and Compliance

In January 2025, the Illinois General Assembly passed House Bill 2474, amending the Illinois Nursing Home Care Act to enhance protections for residents against retaliation. This amendment clarifies rights and introduces protections for those who voice concerns, offering a stronger legal framework for civil suits and damages. Discover how these changes empower residents and promote safer nursing homes in Illinois.

No “Costs” Uncovered: The Appellate Court’s Expansive Redefinition of “Costs”

In the landmark case of Grauer v. Clare Oaks, the Appellate Court redefined “costs” under the Illinois Nursing Home Care Act, significantly expanding what can be claimed by plaintiffs. This decision not only impacts nursing home litigation but also raises critical questions about the interpretation of fee-shifting statutes across various legal contexts. With the court’s ruling allowing for a broader range of recoverable costs, practitioners must navigate the implications of this expansive definition. Discover how this ruling could reshape the landscape of litigation and the financial burdens on nursing home facilities.

Fee Shifting Provision of Illinois Nursing Home Care Act: Insight into Appellate Court’s Potential Interpretations

Nursing Home litigation in Illinois has increased significantly due to the absence of damages caps and the Nursing Home Care Act’s fee-shifting provision, which allows prevailing plaintiffs to recover attorneys’ fees and costs in addition to a jury award. In *Grauer v. Clare Oaks*, the First District Appellate Court held that courts are not required to use the lodestar method and may instead consider a contingency fee agreement when awarding fees, substantially increasing potential exposure for defendants.