Illinois Bar Journal
Articles on Health Law

Anatomical pathology services may not be marked up in patient bills February 2015 Illinois Law Update, Page 18 Physicians ordering anatomical pathology services for patients to be provided by a third party may not mark up the cost of such services.
Failure to report alleged abuse or neglect is now a Class A misdemeanor December 2014 Illinois Law Update, Page 572 The Department of Human Services ("DHS") has amended the regulations governing the investigation of alleged abuse or neglect in healthcare facilities and community agencies that are directly funded by DHS. 59 Ill. Adm. Code 50 (eff. Sept. 10, 2014).
New guidance for power of attorney in Illinois December 2014 Illinois Law Update, Page 572 The General Assembly added a definition of "health care agent" to the Illinois Power of Attorney Act.
AIDS drug assistance program updated November 2014 Illinois Law Update, Page 524 The Department has amended its regulations governing the AIDS Drug Assistance Program ("ADAP") provided for by the Ryan White HIV/AIDS Treatment Extension Act of 2009.
Statutory category of surgical treatment centers expanded to include Medicare and Medicaid facilities November 2014 Illinois Law Update, Page 524 The category of facilities qualifying as "ambulatory surgical treatment centers" has been expanded to include any facility that qualifies under the rules adopted by the Illinois Department of Public Health.
Changes to public record access, timelines, and appeals September 2014 Illinois Law Update, Page 424 The Health Facilities and Services Review Board ("the Board") recently added a new Part titled "Public Information Access, Rulemaking, and Organization" to the Chapter governing the Health Facilities and Services Review Board. 2 Ill. Adm. Code 1925 (eff. June 30, 2014).
More family members may petition for medical information under the Adoption Act September 2014 Illinois Law Update, Page 424 This amendatory act to the Adoption Act adds several categories of people eligible to petition state courts for the appointment of a confidential intermediary to: (1) exchange medical and identifying information with mutually consenting biological relatives; and (2) arrange contact with consenting biological relatives.
No civil or criminal liability for good faith provision of healthcare to minors September 2014 Illinois Law Update, Page 424 The General Assembly recently added section 1.5 to the Consent by Minors to Medical Procedures Act.
Proof of health insurance required to participate in state-funded medical programs September 2014 Illinois Law Update, Page 424 In order to participate in State-funded hemophilia treatment and chronic renal disease programs, patients suffering from hemophilia and chronic renal disease must now provide proof of health insurance coverage.
Increased oversight for medical therapy and imaging services August 2014 Illinois Law Update, Page 372 New quality assurance and oversight standards for computed tomography ("CT"), radiation therapy, electronic brachytherapy, and digital imaging went into effect on May 29, 2014. 32 Ill. Adm. Code 360.
Medical marijuana implementation a work in progress By Janan Hanna August 2014 LawPulse, Page 366 The law took effect January 1, but the rules that would make it available to patients were approved only last month.
Per-diem rate add-on payments for long-term stay hospitals August 2014 Illinois Law Update, Page 372 Long-term stay hospitals will have payments for all current claims beginning on November 16, 2013; paid as a per diem rate add-on rather than an annual supplemental payment. 89 Ill. Adm. Code 148 (eff. May 13, 2014).
Reimbursement for nursing costs at geriatric facilities August 2014 Illinois Law Update, Page 372 Pursuant to Pub. Act 98-104, the Department of Healthcare and Family Services has established a new nursing component reimbursement methodology based on the Resource Utilization Group IV ("RUG") classification scheme. 89 Ill. Adm. Code 147 (eff. May 30, 2014).
Tax Penalties and ‘Dependents’ Under the Affordable Care Act By Alice E. Keane August 2014 Article, Page 398 You must buy adequate health insurance for dependents under the Affordable Care Act or pay a penalty. But who is a "dependent"? A broader range of people than you might think.
Revised health care power of attorney awaits governor’s signature By Janan Hanna July 2014 LawPulse, Page 314 The new law amends the Illinois HCPOA, with the goal of making it easier for patients to understand and fill out the short form so that more of them will.
Medical Marijuana Comes to Illinois By Ed Finkel April 2014 Article, Page 172 What will the Medical Cannabis Act mean for patients? For employers? Others? Prepare to advise clients about what some are calling the most restrictive medical marijuana law in the country.
A more user-friendly statutory POA for health care By Janan Hanna April 2014 LawPulse, Page 162 Proposed legislation would revise the HCPOA form to make it easier to understand and help principals better communicate their wishes about end-of-life treatment.
Preserving the Peer Review Privilege in Med-Mal Cases By Margaret J. Lowery April 2014 Article, Page 176 Properly performed peer review is not subject to discovery in med-mal litigation. But health care providers sometimes learn the hard way how the privilege can be lost.
The Medical Cannabis Act and Illinois DUI Law By Larry A. Davis March 2014 Article, Page 128 The Medical Cannabis Act makes important changes to DUI law, some of which are likely to inspire litigation.
IRS removes tax break for some employer health-care reimbursement schemes By Janan Hanna February 2014 LawPulse, Page 62 In years past, employers who don't offer medical plans to employees got a tax advantage for reimbursing some of their medical expenses. The IRS has greatly restricted that tax break.
Permissible uses for medical stretcher vans February 2014 Illinois Law Update, Page 68 Medical stretcher vans may now provide their services to convalescent or bed-confined individuals who routinely require non-emergency transportation to or from medical appointments and who do not need medical monitoring or clinical observation. 77 Ill. Adm. Code 515 (eff. Nov. 12, 2013).
Amendments to birthing centers regulations January 2014 Illinois Law Update, Page 16 The Department of Healthcare and Family Services recently adopted amendments that allow birthing centers to receive medical assistance reimbursement. 89 Ill. Adm. Code 146.
Financial incentives for non-Medicare annuitants who opt out of the State Employees Group Health Plan January 2014 Illinois Law Update, Page 16 The Department of Central Management Services ("CMS") has extended the financial incentives for non-Medicare annuitants who opt out of the State Employees Group Insurance. 80 Ill. Adm. Code 2106.
Non-competes, medical marijuana January 2014 Column, Page 50 New statutory and case law could affect employers' workplace policies.
Health Care Reform: Lawyers are Employers and Consumers, Too By Janan Hanna December 2013 Article, Page 616 What does the Affordable Care Act mean to law firms as employers and lawyers as consumers? Here's a thumbnail sketch.
Presumption of vesting of health benefits under collective bargaining agreement July 2013 Illinois Law Update, Page 336 On May 2, 2013, the Illinois Appellate Court, Third District, held that a city's decision to reduce retired employees' health benefits promised under a collective bargaining agreement should be analyzed as a matter of contract, subject to a presumption in favor of the vesting of these benefits.
Health care lawyers prep for medical marijuana law By Adam W. Lasker June 2013 LawPulse, Page 278 Health care lawyers prepare to counsel doctors, hospitals, and others how not to run afoul of the "Medical Cannabis" bill.
Pharmacy practice now includes vaccinating some children. PA 097-1043 December 2012 Illinois Law Update, Page 632 Section 3 of the Pharmacy Practice Act has been amended to include vaccines for children ages 10 to 13 in the definition of "Practice of Pharmacy." 225 ILCS 85/3.
One optometrist position will be added to the Illinois State Board of Health. PA 097-0810 October 2012 Illinois Law Update, Page 520 Lawmakers have added an additional position to the Illinois State Board of Health.
New Medicaid law will limit estate-planning, other options By Adam W. Lasker September 2012 LawPulse, Page 458 The new Medicaid law means tighter regulations, higher costs, and reduced coverage for recipients, a family lawyer observes.