Section Newsletters

Articles on Health Care Law

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.
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.
The External Review of Hospital Quality—A Call for Greater Accountability Health Care Law, April 2000 Healthcare quality issues have been much in the news recently. In July, 1999 the Office of Inspector General of the Department of Health and Human Services released a series of reports examining the external review of hospital quality.
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.
Recent council activities Health Care Law, May 1999 The Health Care Section Council has met on a regular basis during 1998-99. At its meetings the council has had the opportunity to hear from a number of outstanding speakers and has devoted considerable time to the review of an array of legislative proposals introduced in the Illinois General Assembly.
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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