Publications

Illinois Bar Journal
Articles on Health Law

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.
Promotion of breastfeeding is now mandatory in hospitals providing birthing services. PA 097-0713 September 2012 Illinois Law Update, Page 464 Illinois lawmakers have enacted the Hospital Infant Feeding Act, which states that every hospital providing birthing services must implement an infant feeding policy that promotes breastfeeding.
Implementation of Health Care Data Collection and Submission Code August 2012 Illinois Law Update, Page 404 The Health Care Data Collection and Submission Code (77 Ill. Adm. Code 1010), pursuant to the Health Finance Reform Act (20 ILCS 2215) and sections 2310-33 and 2310-57 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois (20 ILCS 2310-33 and 20 ILCS 2310-57), requires hospitals and ambulatory surgical treatment centers ("ASTC") to periodically submit certain types of medical service and patient data to the Illinois Department of Public Health ("IDPH").
New discounts for uninsured patients. PA 097-0690 August 2012 Illinois Law Update, Page 404 The Fair Patient Billing Act has been amended to expand an uninsured patient's eligibility for discounted medical services (210 ILCS 89/10).
What Lawyers Should Know about the Affordable Care Act By David C. Szostak August 2012 Article, Page 418 A summary of key features of the newly upheld Affordable Care Act, the largest and most complex health care legislation in decades.
Changes to the Medical Programs Code June 2012 Illinois Law Update, Page 292 The Illinois Department of Healthcare and Family Services (“Department”) recently added a new part to codify the procedures for the Department’s Electronic Health Record Provider Incentive Payment program.
Contagion and the Courts By Hon. Ron Spears November 2011 Column, Page 588 Health care providers aren't the only ones who have to respond to public health emergencies.
Licensed health care workers now subject to actions concerning sex crimes. PA 097-0156. September 2011 Illinois Law Update, Page 440 The Department of Professional Regulation Law of the Civil Administrative Code of Illinois has been amended to establish health care worker licensure actions relating to sex crimes (20 ILCS 2105/2105-165 new).
New rules for hospital prevention of patient abuse and neglect, patient injury June 2011 Illinois Law Update, Page 286 The Department of Public Health recently amended regulations to prevent abuse and neglect of patients in hospitals as well as to establish new policies to prevent patient injury.
Administrative Agencies, Regionalized Perinatal Health Care Code, Public Health May 2011 Illinois Law Update, Page 228 The Illinois Department of Public Health recently overhauled its rules regarding the Regionalized Perinatal Health Care Code. 77 Ill Adm Code 640.
Health Care Reform: the Constitutional Challenge to the Individual Mandate By Brian J. McKenna and Nancy K. McKenna May 2011 Article, Page 246 The individual mandate, which penalizes the failure to buy health insurance, is at the heart of the constitutional challenges to health care reform. Here's a reader-friendly guide to the arguments.
No common fund fee recovery for health care liens By Helen W. Gunnarsson May 2011 Lawpulse, Page 222 Bad news for plaintiffs’ lawyers – the common fund doctrine does not give them a share of health care liens, the Illinois Supreme Court ruled recently.
Punitive damage claims do not survive the death of nursing home residents By Helen W. Gunnarsson May 2011 Lawpulse, Page 222 Because the Nursing Home Care Act does not provide otherwise, punitive damage claims die along with the resident, the Illinois Supreme Court rules.
Amendments to regulations governing barbershops and related entities April 2011 Illinois Law Update, Page 180 The Department of Financial and Professional Regulation recently adopted amendments adding more stringent sanitary, safety and compliance standards for barbershops and other related entities including cosmetology centers.
Proposed Medicaid eligibility regs for long-term care recipients draw criticism By Helen W. Gunnarsson April 2011 Lawpulse, Page 174 Lawyers raise concerns about proposed regulations that they say will not help older clients and their families.
Gifts of income subject to Medicaid asset transfer policies March 2011 Illinois Law Update, Page 124 On December 28, 2010, the Appellate Court of Illinois, Fourth District, reversed a decision of the Circuit Court of Sangamon County, finding that "gifts of income" are subject to the asset transfer policies of the federal Medicaid statute (see 42 USC § 1396p (2006)).