Health Care Law

The newsletter of the ISBA’s Section on Health Care Law

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2003 Articles

All the latest developments in health care law By W. Eugene Basanta 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 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 June 2003 The U.S. Supreme Court has ruled that Maine can begin to implement its controversial prescription drug program, "MaineRx."
All the latest developments in health care law By W. Eugene Basanta, Alisha Logan, & Melanie Pearce 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.
All the latest developments in health care law By W. Eugene Basanta & Alisha Logan 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.
Children’s mental health: An urgent priority for Illinois June 2003 In April of 2003, the Illinois Children's Mental Health Task Force released its final report, "Children's Mental Health: An Urgent Priority for Illinois." Below is the Executive Summary of this Report.
Federal Trade Commission stops allegedly misleading representations for LASIK eye surgery 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.
General Accounting Office medical malpractice insurance studies September 2003 Over the past several years, large increases in medical malpractice insurance rates have raised concerns that physicians will no longer be able to afford malpractice insurance and will be forced to curtail or discontinue providing certain services.
Health Care Section sponsors Law Ed Seriesprogram 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.
The long reach of HIPAA’s privacy rules By Ned Othman April 2003 In connection with implementing the protected privacy requirements of the Health Insurance Portability and Accountability Act (HIPAA), the Department of Health and Human Services (HHS) issued extensive regulations aimed at protecting individuals, health care privacy (privacy rules).
Medicare changes enacted December 2003 [Editor's Note: Congress has passed sweeping changes in the Medicare program, including the controversial prescription drug benefit. Reprinted here is a summary of the final legislation as set out in the Conference Agreement of November 21, 2003].
Prescription drugs: FDA oversight of direct-to-consumer advertising has limitations 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.
Recent council activities 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.