Presumption of vesting of health benefits under collective bargaining agreementJuly 2013Illinois Law Update, Page 336On 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.
Implementation of Health Care Data Collection and Submission CodeAugust 2012Illinois Law Update, Page 404The 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").
Changes to the Medical Programs CodeJune 2012Illinois Law Update, Page 292The 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 CourtsBy Hon. Ron SpearsNovember 2011Column, Page 588Health care providers aren't the only ones who have to respond to public health emergencies.
No common fund fee recovery for health care liensBy Helen W. GunnarssonMay 2011LawPulse, Page 222Bad news for plaintiffs’ lawyers – the common fund doctrine does not give them a share of health care liens, the Illinois Supreme Court ruled recently.
Gifts of income subject to Medicaid asset transfer policiesMarch 2011Illinois Law Update, Page 124On 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)).
Navigating the Illinois Nursing Home Care ActBy Catherine D. BattistaFebruary 2011Article, Page 92This how-to for practitioners filing claims under the NHCA shows how they are often easier to bring than traditional medical malpractice or healing arts claims.
Illinois implements changes to Nurse Practice ActDecember 2010Illinois Law Update, Page 616The Department of Financial and Professional Regulation recently amended section 1300 of the Nurse Practice Act, which lays out many of the regulations governing Advanced Practice Nurses (APNs), Registered Nurses (RNs), and Licensed Practical Nurses (LPNs). 68 Ill Adm Code 1300 et seq.
Are you ready for health care reform?By Helen W. GunnarssonOctober 2010LawPulse, Page 502Important provisions of the Patient Protection and Affordable Care Act are kicking in, and lawyers - both as employers and counselors - need to take note.
A chiropractor is a “physician” under Illinois Supreme Court Rule 204(c)May 2010Illinois Law Update, Page 236On February 25, 2010, the Appellate Court of Illinois, First District, affirmed in part and vacated in part the decision of the Circuit Court of Cook County, which ruled that an hourly fee of $66.95 for a deposition was reasonable for a chiropractor and entered a contempt order against the chiropractor for refusing to comply with the court's discovery order.
Court okays $20 handling fee for medical recordsBy Helen W. GunnarssonMay 2010LawPulse, Page 230In a class action lawsuit, the Illinois Supreme Court has held that it is reasonable per se for a provider of medical record copies to charge the full amount of the statutory $20 fee pursuant to Article XX, Part 8 of the Code of Civil Procedure. The case is Solon v Midwest Medical Records Association, Inc, No 107719, 2010 WL 966395 (Ill Sup Ct).