Articles From W. Eugene Basanta | Illinois State Bar Association

All the latest developments in health care law By W. Eugene Basanta & Jonathan Oliver Health Care Law, December 2001 A recent decision from the Seventh Circuit Court of Appeals considers whether a "silent" or "nondirected PPO" violated §43 of the Lanham Act, 15 U.S.C. §1125(a) as a "false or misleading description of fact" appearing "in commercial advertising or promotion."

All the latest developments in health care law By W. Eugene Basanta Health Care Law, June 2001 An ongoing question in health care law involves the status of nurses with respect to union organization under the National Labors Relation Act. 29 U.S.C

All the latest developments in health care law By W. Eugene Basanta & Jonathan Oliver Health Care Law, April 2001 In an opinion authored by Justice Stevens, the United States Supreme Court has ruled that a drug testing protocol followed by a state hospital constituted an unreasonable search in violation of the Fourth Amendment.

All the latest developments in health care law By W. Eugene Basanta Health Care Law, December 2000 A decision from the Seventh Circuit Court of Appeals concludes that provisions of the Illinois Health Maintenance Organization Act, 215 ILCS 125/4-10 which require health maintenance organizations (HMOs) to provide a mechanism for review by an independent physician when the patient's primary care physician and the HMO disagree about the medical necessity of a particular treatment and further require the HMO to cover the treatment if deemed by the reviewing physician to be necessary, are mandated contract terms and part of the insurance plan, thereby avoiding preemption under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et. seq.

All the latest developments in health care law By W. Eugene Basanta & Michele Miller Health Care Law, September 2000 Justice David Souter, writing for a unanimous Supreme Court, ruled in June that the Seventh Circuit Court of Appeals was wrong when it held that a health maintenance organization (HMO) was acting as a fiduciary when one of its physicians made an adverse treatment decision regarding a patient.

Editor’s note By W. Eugene Basanta Health Care Law, May 2000 One of the most discussed current issues in health care involves so-called "medical error."

All the latest developments in health care law By W. Eugene Basanta Health Care Law, April 2000 On February 29, in a five to four decision, the United States Supreme Court ruled that an Illinois nursing home trade association could not bypass administration review of regulations it objected to and seek immediate judicial review before any enforcement action.

All the latest developments in health care law By W. Eugene Basanta & Matthew R. Booker Health Care Law, December 1999 On September 28, 1999 the U.S. Supreme Court agreed to review the decision of the Seventh Circuit Court of Appeals in Herdrich v. Pegram, 154 F.3rd 362 (7th Cir. 1998).

All the latest developments in health care law By W. Eugene Basanta & Matthew R. Booker Health Care Law, June 1999 In a decision handed down on May 24, the United States Supreme Court has unanimously ruled that the Federal Trade Commission (FTC) has the authority to regulate not-for-profit organizations providing substantial economic benefits to their for-profit members.

All the latest developments in health care law By W. Eugene Basanta Health Care Law, May 1999 The United States Supreme Court has agreed to review the Seventh Circuit's decision in Illinois Council on Long Term Care, Inc. v. Shalala, 143 F.3d 1072 (7th Cir. 1998)

All the latest developments in health care law By W. Eugene Basanta & Matthew R. Booker Health Care Law, March 1999 The United States Supreme Court has ruled that patients can bring suit against their health insurers under a federal racketeering law.

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