Section Newsletters

Articles on Health Care Law

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.
Specialty hospitals: Information on potential new facilities Health Care Law, June 2005 Beginning in the 1990s, there was a substantial increase in the number of short-term acute care hospitals that primarily treat patients with specific medical conditions or who need surgical procedures.
All the latest developments in health care law By W. Eugene Basanta, Matthew J. Ashley, & Steven Ro Health Care Law, March 2005 The Seventh Circuit recently held that federal jurisdiction can exist for an action based on a subrogation provision of a health insurance benefit plan when such a plan was established under the Federal Employees Health Benefits Act (FEHBA), 5 U.S.C. § 8901 et seq. Specifically, the court held that FEHBA's express preemption provision dictates that the terms of a FEHBA plan preempt state law where, as here, such terms are related to benefits and coverage.
The case for expanded stem cell research in Illinois By Gretchen Livingston Women and the Law, February 2005 Human embryonic stem cells were first isolated in 1998. Just a few years later, their promise was cut short by the policy of our federal government limiting federal funding of research involving human embryos.
All the latest developments in health care law By W. Eugene Basanta & Matthew J. Ashley Health Care Law, December 2004 Recent cases of interest to health care attorneys.
Medicare physician payments: Concerns about spending target system prompt interest in considering reforms Health Care Law, December 2004 Concerns were raised about the current system Medicare uses to determine annual changes to physician fees-the sustainable growth rate (SGR) system-when fees were reduced by 5.4 percent in 2002.
All the latest developments in health care law By W. Eugene Basanta & Matthew J. Ashley Health Care Law, October 2004 In June, the United States Supreme Court decided an important Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., preemption case.
Government Accountability Office-CMS needs additional authority to adequately oversee patient safety in hospitals Health Care Law, October 2004 Hospitals accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) are considered in compliance with Medicare participation requirements.
All the latest developments in health care law By W. Eugene Basanta & Nicole Poirier Health Care Law, June 2004 Reversing a district court judgment for plaintiffs, the Seventh Circuit Court of Appeals has held that there is no common law duty to be a Good Samaritan and no implied right of private action under the Illinois Abused and Neglected Child Reporting Act, 325 ILCS 5/1 et seq. In this case, a babysitter providing services to a navy family, abused the child and then brought him to the naval hospital claiming he fell down the stairs.
All the latest developments in health care law By W. Eugene Basanta & Nicole Poirier Health Care Law, March 2004 A recent Illinois federal district court decision addresses issues of access to mental health facilities by the plaintiff, a federally-funded protection and advocacy (P&A) agency.
General Accounting Office-Specialty hospital studies Health Care Law, March 2004 Editor's Note: The recent emergence of so-called "specialty hospitals," most of which are for-profit ventures with significant physician ownership and involvement, has generated controversy as well as litigation in several states including Arkansas, Ohio, and South Dakota.
Plaintiffs are entitled to submit entire amount of billed medical expenses without any reduction for discounts their health insurance carrier received By Michael J. Marovich Civil Practice and Procedure, February 2004 Recently there has been a flurry of activity by defense attorneys to attempt to limit the damages submitted by the plaintiff to the jury regarding the amount of the plaintiff's medical bills.
All the latest developments in health care law By W. Eugene Basanta Health Care Law, December 2003 The United States Supreme Court, in November, agreed to review the decision of the Fifth Circuit Court of Appeals in Roark v. Humana, Inc., 307 F.3d 298 (5th Cir. 2002).
All the latest developments in health care law By W. Eugene Basanta & Nicole Poirier Health Care Law, September 2003 The defendant-dentist was charged by federal law enforcement officials with, among other nonviolent crimes, submitting fraudulent insurance claims in connection with his dental practice
All the latest developments in health care law By W. Eugene Basanta Health Care Law, June 2003 The U.S. Supreme Court has ruled that Maine can begin to implement its controversial prescription drug program, "MaineRx."
Recent council activities Health Care Law, June 2003 Under provisions of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, restrictions have been place on access to health information, including patient medical records.
Revised means of obtaining protected health information… By Jennifer Guthrie Young Lawyers Division, June 2003 The April 14, 2003 compliance date for HIPAA's Privacy Regulations has come and gone.
All the latest developments in health care law By W. Eugene Basanta, Alisha Logan, & Melanie Pearce Health Care Law, April 2003 The U.S. Supreme Court has upheld the decision of the Seventh Circuit Court of Appeals in an action involving allegations of false reports in connection with federally-funded research at a county hospital.

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