The United States Environmental Protection Agency (“Agency”) issued guidance on April 15, 2019, “clarifying” that releases of pollutants from point sources to groundwater are not subject to the Clean Water Act’s permitting requirements. The Agency, however, announced that its interpretation only applies to states outside the Fourth and Ninth Circuits, because those Courts of Appeal […]
Monthly Archives: April 2019
Involuntary Discharges and Transfers in Illinois: A Guide for Nursing Homes in the Pre-Hearing Stage
April 22, 2019
Illinois law provides specific rules that nursing homes must follow when discharging or transferring a resident when the resident does not agree to the discharge/transfer (an “involuntary discharge/transfer”). 210 ILCS 45/3-401 et seq. If the resident requests a hearing on the discharge/transfer, an attorney must represent the nursing home during the hearing/appeal process if the […]
Navigating the Rules for Nursing Home Involuntary Discharges/Transfers in Missouri: Steps to Follow Before the Resident Appeals
April 20, 2019
Under certain circumstances, Missouri nursing homes may discharge or transfer a resident even when the resident does not agree to the discharge/transfer (an “involuntary discharge/transfer”). If the resident appeals the discharge/transfer, Missouri law requires that an attorney represent the nursing home during the hearing/appeal process if the nursing home is operated by a corporate entity. […]
On November 4, 2015, the Illinois Supreme Court reversed the decision of the Appellate Court of Illinois, for the First District in Folta v. Ferro Engineering. The Supreme Court held that the Workers’ Compensation Act and Workers’ Occupational Diseases Act provides the exclusive remedy for an employee’s injury arising out of and in the course […]