Section Newsletters

Articles on Health Care Law

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.
Federal Trade Commission stops allegedly misleading representations for LASIK eye surgery Health Care Law, April 2003 In recent years "LASIK" eye surgery has become increasingly popular. The procedure and its benefits are heavily advertised in the media. Recently the Federal Trade Commission (FTC) took action against two major LASIK surgery providers.
All the latest developments in health care law By W. Eugene Basanta & Alisha Logan Health Care Law, February 2003 In January, the United States Supreme Court heard oral arguments in several health-care-related cases. One case came to the Court on appeal from the Seventh Circuit and involved a Federal False Claims Act (FCA), 31 U.S.C. '3729 suit brought against Cook County.
Health Care Section sponsors Law Ed Seriesprogram Health Care Law, February 2003 On May 2, the ISBA Health Care Section Council, together with the Southern Illinois University School of Medicine, Department of Medical Humanities and the Southern Illinois University School of Law, will host a Law Ed SeriesProgram at the ISBA Regional Office in Chicago.
Prescription drugs: FDA oversight of direct-to-consumer advertising has limitations Health Care Law, February 2003 In October of 2002, at the request of Congress, the General Accounting Office (GAO) provided a report regarding the impact of direct-to-consumer (DTC) advertising of prescription drugs and of the Food and Drug Administration's (FDA) regulation of DTC advertising.
All the latest developments in health care law By W. Eugene Basanta & Alisha Logan Health Care Law, November 2002 The Illinois Supreme Court has granted leave to appeal in Brandt v. Sarah Bush Lincoln Health Center, 329 Ill. App. 3d 348, 771 N.E.2d 470 (4th Dist. 2002).
All the latest developments in health care law By W. Eugene Basanta Health Care Law, June 2002 The Illinois Supreme Court has agreed to review the First District Appellate Court's decision in Department of Professional Regulation v. Manos, 326 Ill. App. 3d 698, 761 N.E.2d 208 (1st Dist. 2001).
All the latest developments in health care law By W. Eugene Basanta Health Care Law, May 2002 A federal action was brought by a mental health care professional disciplined by the Illinois Department of Professional Regulation (IDPR) for practicing without a license.
Quality oversight of ambulatory surgical centers: a system in neglect Health Care Law, May 2002 To assess how State agencies and accreditors oversee ambulatory surgical centers (ASCs) and how the Centers for Medicare & Medicaid Services (CMS) holds them accountable.
All the latest developments in health care law By W. Eugene Dunneback Health Care Law, March 2002 Is a municipality a "person" within the False Claims Act (FCA), 31 U.S.C. §3729? In a decision which could subject a municipality to liability for attempting to defraud the federal government, the Seventh Circuit has said yes.
Doctors and health care fraud: what every attorney should know about the False Claims Act and qui tam By Michael K. Goldberg General Practice, Solo, and Small Firm, January 2002 This article will explore the affect of this enormous growth in health care fraud on physicians and administrators, focusing on the primary vehicle used by law enforcement to root out health care fraud, The False Claims Act.
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."
Health care fraud is everybody’s business By Lee Beneze Elder Law, May 2000 The Illinois Department on Aging is a participant, along with other state and federal agencies, in a federal initiative called "Operation Restore Trust."
Institute of Medicine, To Err Is Human: Building A Safer Health System Health Care Law, May 2000 The knowledgeable health reporter for the Boston Globe, Betsy Lehman, died from an overdose during chemotherapy.

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