Publications

Illinois Bar Journal
Articles on Health Law

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)).
Hospital licensing compliance requirements amended February 2011 Illinois Law Update, Page 72 The Illinois Department of Public Health recently amended licensing requirements for Illinois hospitals. 77 Ill Adm Code 250.
Navigating the Illinois Nursing Home Care Act By Catherine D. Battista February 2011 Article, Page 92 This 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 Act December 2010 Illinois Law Update, Page 616 The 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.
New requirements for students’ self-administration of asthma medication or epinephrine. PA 096-1460 November 2010 Illinois Law Update, Page 564 The School Code has been amended to revise the authorization requirements for students' self-administration of asthma medication or epinephrine auto-injectors in schools. 105 ILCS 5/22-30.
Are you ready for health care reform? By Helen W. Gunnarsson October 2010 Lawpulse, Page 502 Important provisions of the Patient Protection and Affordable Care Act are kicking in, and lawyers - both as employers and counselors - need to take note.
Requirements for training, use of anesthesia in dental procedures strengthened August 2010 Illinois Law Update, Page 400 The Department of Financial and Professional Regulation recently amended regulations that create enforcement mechanisms for several sections of the Illinois Dental Practice Act, 225 ILCS 25/1 et seq.
Legal Immunities for Local Governments in Public Health Emergencies By Christina Marie Webb June 2010 Article, Page 314 A brief review of immunities available to local governments, governmental employees, and volunteers if they're sued for conduct arising from public health emergencies.
A chiropractor is a “physician” under Illinois Supreme Court Rule 204(c) May 2010 Illinois Law Update, Page 236 On 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 records By Helen W. Gunnarsson May 2010 Lawpulse, Page 230 In 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).
Three-year pilot program focuses on the societal reintegration of persons with physical disabilities or mental illness. PA 096-0810 April 2010 Illinois Law Update, Page 180 Amendments to the Disabilities Services Act have charged the Department of Human Services with creating a new pilot program designed to show the reintegration possibilities of persons with disabilities who need short-term placement in nursing facilities.
Illinois modifies rules pertaining to the electronic prescription monitoring program March 2010 Illinois Law Update, Page 128 The Illinois Department of Human Services (the department) recently amended the state's currently existing electronic prescription monitoring program (the program).  
Collateral estoppel does not apply to release of mental health records if prior action related to relevance of records, but not possible violations stemming from release of those records. January 2010 Illinois Law Update, Page 16 On October 23, 2009, the Illinois Appellate Court, Fifth District, affirmed in part and reversed in part the decision of the Circuit Court of St. Clair County to grant defendant's motion to dismiss a complaint relating to the release of mental health records in a divorce proceeding. 
Do-not-resuscitate requirements reformed. PA 096-0765 December 2009 Illinois Law Update, Page 604 Illinois lawmakers amended the Health Care Surrogate Act, changing the requirements for a do-not-resuscitate (DNr) order. 755 ILCS 40/65.  
Registered nurses allowed to administer anesthesia December 2009 Illinois Law Update, Page 604 The Illinois Department of Public Health modified the rules concerning the licensing requirements for ambulatory surgical treatment centers.  
Illinois adopts rules implementing loan repayment assistance program for physicians November 2009 Illinois Law Update, Page 552 The Illinois Department of Public Health (the department) recently created new rules implementing the Loan Repayment Assistance for Physicians Act, which establishes an educational loan repayment assistance program for physicians who practice in Illinois. 
New rules set standards for dementia care units November 2009 Illinois Law Update, Page 552 The Department of Healthcare and Family Services (the department) recently adopted new rules creating a pilot program for Dementia Care Units in Supportive Living Facilities (SLF) across the state.