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Articles on Health Care Law

Arbitration clauses in nursing home contracts: FAA preempts Illinois state law restrictions By Edward Clancy Health Care Law, December 2010 This article examines the recent decision made by the Illinois Supreme Court involving nursing home arbitration agreements.
Is there a new tax imposed on the sale of real estate under the 2010 Health Care Reconciliation Act? Not directly. By Emily R. Vivian Real Estate Law, December 2010 The Health Care and Education Reconciliation Act of 2010 does not directly impose a new tax on real estate sales. However, for certain individuals, it imposes a new 3.8 percent Medicare tax on “net investment income,” which might result from a real estate sale.
All the latest developments in health care law By W. Eugene Basanta & Jennifer Wagner Health Care Law, September 2010 A summary of recent cases relating to health care law.
Consumer-directed health plans: Health status, spending, and utilization of enrollees in plans based on health reimbursement arrangements Health Care Law, September 2010 A new GAO report examines the impact of consumer-driven health plans on enrollee health status and spending.
The importance of set-offs for un/underinsured arbitrations By James K. Theisen & James F. McCluskey Tort Law, September 2010 Play it safe—always bring the set-off issue to the attention of the arbitrators during the arbitration.
All the latest developments in health care law By W. Eugene Basanta & Jennifer Wagner Health Care Law, June 2010 A summary of several recent Illinois Supreme Court decisions on an array of topics including arbitration provisions in nursing homes, resident contracts, and federal preemption of state law.
The Impact of Health Care Reform in 2010-2011 By Bernard G. Peter Corporate Law Departments, June 2010 A discussion of legislative changes that will affect employers and employer-sponsored group health plans beginning 2010 and 2011.
Tax Court again points out that care must be taken when establishing medical reimbursement plans By Roger A. McEowen Agricultural Law, April 2010 Want to make sure medical expenses are deductible? Pay close attention to recent court cases.
All the latest developments in health care law By W. Eugene Basanta & Jennifer Wagner Health Care Law, March 2010 Summaries of recent Illinois federal and state health law cases, including the Illinois Supreme Court’s decision in the Lebron case rejecting medical malpractice caps.
Oversight of clinical investigators: Action needed to improve timeliness and enhance scope of FDA’s debarment and disqualification processes for Medical Product Investigators Health Care Law, March 2010 A summary of a recent Government Accountability Report regarding federal Food and Drug Administration debarment and disqualification proceedings for clinical investigators who engage in research misconduct.
Recovering the value of “free” caretaking by an adult’s parents By Dennis M. Lynch Tort Law, March 2010 A tortfeasor cannot seek to shirk responsibility for caretaking services because the caretaking was provided by the adult’s parents, and not by some third party.
Tort immunity in medical malpractice cases By Thomas Q. Keefe, III & Thomas Q. Keefe, Jr. Tort Law, February 2010 Public entities and public employees are immune from allegations of failure to diagnose and misdiagnosis, as well as allegations of failure to perform adequate exams (but not for improper treatment after diagnosis).
All the latest developments in health care law By W. Eugene Basanta Health Care Law, September 2009 Recent cases of interest to health care practitioners.
Shortcomings in FDA’s premarket review, postmarket surveillance, and inspections of device manufacturing establishments Health Care Law, September 2009 In 2009, GAO added FDA’s oversight of medical products, including devices, to its list of high-risk areas warranting attention by Congress and the executive branch.
All the latest developments in health care law By W. Eugene Basanta & Brittany Ledbetter Health Care Law, June 2009 Recent cases of interest to health care practitioners.
Medicare: Improvements needed to address improper payments in home health Health Care Law, June 2009 Concerns have been raised that improper payments from practices indicating fraud and abuse may have contributed to Medicare home health spending and utilization.
The progeny of Arthur v. Catour By James K. Theisen Tort Law, May 2009 How much can a plaintiff be awarded for medical bills if the plaintiff’s health insurance pays the medical bills at a discounted rate? Should the plaintiff receive an award for the full amount or just the discounted amount? How much can a plaintiff be awarded for medical expenses provided free of charge? These questions are answered by the collateral source rule.
All the latest developments in health care law By W. Eugene Basanta & Brittany Ledbetter Health Care Law, March 2009 Recent cases of interest to health care practitioners.
Changing landscape of physician-industry relationships: A trend toward transparency By Fatema Zanzi Health Care Law, March 2009 During the past year, there has been a frenzy of activity responding to the specific demand for transparency in relationships between physicians and industry groups, which are believed to contribute to the exorbitant cost of healthcare.
Patient Advocacy: A new benefit to aid in healthcare navigation By Laura L. Pautz Employee Benefits, March 2009 It does not take a specialty in employee benefits to realize the healthcare system can be difficult to navigate. A new profession known as health advocacy is forming to aid the population and to advocate access to healthcare.
Review of Critical: What We Can Do About The Health-Care Crisis by Tom Daschle By Mark J. Warshawsky Employee Benefits, March 2009 In his book, Critical, published in 2008, Tom Daschle, former Senate majority leader, describes his views on the problems of the U.S. health care system and how they can be fixed.
Mental retardation: Mitigating or aggravating factor in sentencing? By Thomas A. Bruno Human and Civil Rights, January 2009 The Illinois Supreme Court has ruled on the proper application of mental retardation as a mitigating or aggravating factor in sentencing in People v. Heider, Docket No. 103859, decided May, 2008.
All the latest developments in health care law By W. Eugene Basanta & Brittany Ledbetter Health Care Law, December 2008 Illinois law has long-recognized that a liability insurer, including a medical malpractice insurer, which fails, when given the opportunity, to settle a claim against an insured party within policy limits, may be held liable in tort for failing to do so.
Do the FTC Red Flag Rules apply to you? What every healthcare entity should know about the new requirements to prevent identity theft By H. Carol Saul & Alicia Hayes Sable Health Care Law, December 2008 Security breaches at hospitals and other healthcare entities are occurring with alarming frequency, as evidenced by the nearly daily news stories covering this critical issue.
Labeling for human drug products now requires toll-free number for reporting adverse events Intellectual Property, December 2008 Final Rule: Toll-Free Number for Reporting Adverse Events on Labeling for Human Drug Products Federal Register: October 28, 2008 (Volume 73, Number 209) Page 63886-63897 AGENCY: Food and Drug Administration, HHS.
Comparison of a Healthcare Flexible Spending Account to a Health Savings Account By Bernard G. Peter Corporate Law Departments, October 2008 A Healthcare Flexible Spending Account (HCFSA) is a tax-favored program that allows employees to pay for eligible out-of-pocket healthcare expenses.
All the latest developments in health care law By W. Eugene Basanta & Brittany Ledbetter Health Care Law, September 2008 Most health care lawyers are generally familiar with the preemption provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §1001 et seq.
OIG Advisory Opinion concerning a proposal for a gift card for patients whose service expectations were not met Health Care Law, September 2008 [Name redacted] (the “Requestor”) is an integrated health delivery system located in [state redacted].
Prescription drugs—FDA’s oversight of the promotion of drugs for off-label uses Health Care Law, September 2008 [On July 28, 2008, the Government Accountability Office (GAO) issued a report, “Prescription Drugs: FDA's Oversight of the Promotion of Drugs for Off-Label Uses,” GAO-08-835. A summary of this report is provided below].
All the latest developments in health care law By W. Eugene Basanta, Laura K. Johnson, & Andrew Roszak Health Care Law, June 2008 The Seventh Circuit Court of Appeals denied a petition for review and granted judicial enforcement of an order by the National Labor Relations Board against the petitioner, a hospital corporation.

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