Articles on Health Care Law | Illinois State Bar Association

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.

Health-care associated infections in hospitals Health Care Law, June 2008 Editor’s Note: Health care quality is an area of increasing concern for hospitals and other providers. Beginning October 1, Medicare will not pay hospitals for certain events that are the result of avoidable mistakes. Included among such events are various infections and pressure ulcers.

Should the FDA’s approval of medical devices preempt state court products liability suits? By John J. Holevas Federal Civil Practice, June 2008 Article VI, Clause 2 of the United States Constitution, commonly known as the Supremacy Clause, establishes the Constitution, federal statutes, and U.S. Treaties as “the Supreme Law of the Land.”

The Written Notice Requirement of the Health Care Services Lien Act By Michael Kaczmarek & Barry L. Gordon Tort Law, May 2008 The Health Care Services Lien Act, 770 ILCS 23/10 et. seq., became effective July 1, 2003.

All the latest developments in health care law By W. Eugene Basanta, Laura K. Johnson, & Andrew Roszak Health Care Law, March 2008 Recent cases of interest to health care law practitioners.

All the latest developments in health care law By W. Eugene Basanta & Andrew Roszak Health Care Law, December 2007 In a diversity suit, the federal court was asked to consider whether a physician’s coverage under a “claims made” malpractice insurance policy was negated because he had not disclosed a potential claim at the time of the application for the insurance.

Convenient care clinics in Illinois: The legal landscape By Andrés J. Gallegos Health Care Law, December 2007 Convenient care clinics (known as “retail health clinics”) are highly affordable and accessible health clinics that offer general medical services to the public on an ongoing basis.

All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha Health Care Law, September 2007 Recent cases of interest to health care practitioners.

HHS Launches New Web site on HIPAA Privacy Compliance and Enforcement Government Lawyers, September 2007 To coincide with the fourth anniversary of the enforcement of the HIPAA Privacy Rule, the Department of Health and Human Services (HHS) announced the launch of an enhanced Web site that will make it easier for consumers, health care providers and others to get information about how the Department enforces health information privacy rights and standards.

All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha Health Care Law, June 2007 A Wisconsin pharmacist, who had been fired from a retail pharmacy, brought suit alleging that his termination violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. Specifically he claimed that he had been let go due to his religious-based refusal to have any form of interaction, no matter how slight, with anyone seeking birth control.

Bagent v. Blessing Care Corporation: How to avoid a hospital’s potential liability for wrongful disclosure of confidential patient information by an employee By Michael F. Dahlen Health Care Law, June 2007 In its recent decision in Bagent v. Blessing Care Corporation, the Illinois Supreme Court held, in a case of first impression, that a hospital was not vicariously liable for the wrongful disclosure of confidential patient medical information by an employee phlebotomist because the disclosure was outside the scope of the employee’s employment.

All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha Health Care Law, March 2007 Medical malpractice litigation has been and continues to be rough on the litigating parties, including in particular physicians who are sued.

All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha Health Care Law, December 2006 A recent decision from the Seventh Circuit considers a claim under the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. 1395dd.

Consumer-Directed Health Plans: Early enrollee experiences with Health Savings Accounts and eligible health plans Health Care Law, December 2006 Editor’s Note: The June, 2006 issue of the Health Care Lawyer included a summary of a Government Accountability Office report released in April of 2006 entitled “Consumer-Directed Health Plans: Small but Growing Enrollment Fueled by Rising Cost of Health Care Coverage” GAO-06-514.

All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha Health Care Law, September 2006 Relator, a pharmacist employed by the defendants, filed a qui tam suit under the False Claims Act , 31 U.S.C. 3729 et seq. (FCA) alleging that the defendant-pharmacy corporation and its subsidiary had violated the FCA.

Workers’ compensation changes for health care providers By Rick L. Hindmand Health Care Law, September 2006 Public Act 94-0277 amended the Illinois Workers’ Compensation Act and the Workers’ Occupational Diseases Act to address employer concerns about escalating medical costs and employee concerns about benefit levels and liability for medical bills, as well as other issues.

All the latest developments in health care law By W. Eugene Basanta, John Castranova, Anne P. Rayhill, & Sameer Vohra Health Care Law, June 2006 On May 24 the Illinois Supreme Court agreed to review several decisions involving health law issues.

Consumer-Directed Health Plans: Small but growing enrollment fueled by rising cost of health care coverage Health Care Law, June 2006 Editor’s Note: We have tried fee-for-service medicine, comprehensive health planning, and managed care in an effort to provide people with access to high quality, affordable health care, but nothing seems to work.

All the latest developments in health care law By W. Eugene Basanta Health Care Law, March 2006 The United Supreme Court, in a 6-3 decision issued in January, held that the federal Controlled Substances Act (CSA), 21 U.S.C. 801 et seq. and its implementing regulations, including 21 C.F.R. 1306.4, did not prevent Oregon physicians from providing terminally ill patients with prescriptions for lethal drugs under that state’s Death With Dignity Act (DWDA), Or. Rev. Stat. 127.800 et seq. approved in 1997.

Hospital quality data: CMS needs more rigorous methods to ensure reliability of publicly released data Health Care Law, March 2006 Editor’s note: The quality of care provided by the nation’s hospitals continues to be a matter of major importance.

Nursing homes: Despite increased oversight, challenges remain in ensuring high-quality care and resident safety Health Care Law, March 2006 Editor’s Note: With about 17,000 nursing homes in operation in the U.S., having a total bed capacity of around 1.8 million, the nursing home industry is one of the most significant sectors of our health care system.

Senate Bill 475—Cause for concern or self-generated crisis? By Laninya A. Cason Women and the Law, January 2006 On August 25, 2005, at St. Anthony’s Hospital in Alton, Illinois, Governor Rod Blagojevich signed into law Senate Bill 475 which, among other things, effectively places statutory limitations (caps) on noneconomic damages (e.g. pain and suffering) for plaintiffs who file lawsuits against physicians and hospitals.

All the latest developments in health care law By W. Eugene Basanta, Anne P. Rayhill, & Sameer Vohra Health Care Law, December 2005 As the competitive nature of the healthcare industry continues to increase, medical professionals are seeking alternative means to improve their patient base including the use of advertising.

Senate Bill 475: Cause for concern or self-generated crisis? By Laninya A. Cason Health Care Law, December 2005 On August 25, 2005, at St. Anthony’s Hospital in Alton, Illinois, Governor Rod Blagojevich signed into law, Senate Bill 475 (SB 475) which, among other things, places statutory limitations or “caps” on noneconomic damages (e.g., pain and suffering) for plaintiffs who file lawsuits against physicians and hospitals.

All the latest developments in health care law By W. Eugene Basanta, Anne P. Rayhill, & Sameer Vohra Health Care Law, September 2005 Recent cases of interest.

The case for expanded stem cell research: An update By Gretchen Livingston Women and the Law, September 2005 Since last fall, when Illinois Comptroller Dan Hynes announced his effort to fund all forms of stem cell research in Illinois through a bill that would have taxed voluntary cosmetic procedures and created the Illinois Regenerative Medicine Institute, the move to expand stem cell research here in Illinois has taken a positive turn.

States’ efforts to maximize federal reimbursements highlight need for improved federal oversight Health Care Law, September 2005 The Medicaid program is designed to pay for health care services for the indigent.

All the latest developments in health care law By W. Eugene Basanta, Matthew J. Ashley, & Anne P. Rayhill Health Care Law, June 2005 On June 6, a majority of the United States Supreme Court held that the federal Controlled Substances Act (CSA), 21 U.S.C. 801 et seq., represents a valid exercise of Congressional power to regulate commerce.

CMS proposes changes in hospital conditions of participation: Changes in medical staff bylaws, procedures, and credentialing are likely Health Care Law, June 2005 The Centers for Medicare & Medicaid Services ("CMS") of the U.S. Department of Health and Human Services ("HHS") has published a new proposed regulation modifying four hospital conditions of participation in the Medicare and Medicaid programs.

Nonprofit, for-profit, and government hospitals: Uncompensated care and other community benefits Health Care Law, June 2005 Before 1969, IRS required hospitals to provide charity care to qualify for tax-exempt status. Since then, however, IRS has not specifically required such care, as long as the hospital provides benefits to the community in other ways. Seeking a better understanding of the benefits provided by nonprofit hospitals, Congress requested that GAO examine whether nonprofit hospitals provide levels of uncompensated care and other community benefits that are different from other hospitals.

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