2001 Articles

Sovereign immunity bars nursing homes from raising counterclaims against overpayments made to the state By Leon Fox March 2001 A recent Illinois Appellate Court case has dealt a fatal blow to healthcare vendors seeking a set off of underpayments against overpayments made to the Illinois Department of Public Aid. In Alden Nursing Center-Lakeland, Inc. v. Patla, 317 Ill. App. 3d 1 (1st Dist. 2000), the court concluded that the Court of Claims has exclusive jurisdiction over counterclaims for money damages against the State of Illinois.

Statutory developments By Kelley Beehner January 2001 The Open Meetings Act (5 ILCS 120) was amended by two Public Acts. Section 1.02 concerning the definition of "meeting" was revised to clarify that a "public body" consists of "members" rather than "commissioners," as well as to include the "Health Facilities Planning Board" as part of a public body. (P.A. 91-782, effective June 9, 2000). [www.ilga.gov/publicacts/pubact91/acts/91-0782.html]

Ten reasons to be a member of the Administrative Law Section By Thomas M. Battista August 2001 ISBA immediate past President Herb Franks commented during his inaugural speech that the Illinois Bar Association needs to redouble its efforts.

Upcoming administrative law seminar March 2001 On May 4, 2001, a comprehensive, all day seminar will be presented at the ISBA's Chicago Regional Office. The program tentatively will include the following important subjects and knowledgeable speakers:

When is a joinder of additional causes of action with a complaint for administrative review permissible under Illinois law? By Bernard Z. Paul June 2001 Two recent reviewing courts addressed this issue of what causes of action may be joined with a complaint for Administrative Review.