Publications

Illinois Bar Journal
Articles on Health Law

Rules implementing the Illinois Community Care Program revised June 2009 Illinois Law Update, Page 284 Illinois' Department on Aging amended the state's Community Care Program (CCP) to provide for higher quality standards for providers, increase required worker competencies, and improve general oversight by the department. 89 Ill Adm Code 240.  
Department of Human Services Act amended. PA 095-0998 March 2009 Illinois Law Update, Page 122 The Illinois General Assembly has amended the Department of Human Services Act by adding and deleting language in Section 10-10, and adding Section 10-60. 20 ILCS 1305/10-10, 10-60.
Food pantries required to register with local public health departments. PA 095-0828 January 2009 Illinois Law Update, Page 16 Illinois lawmakers amended the Food Handling Regulation Enforcement Act by adding Section 3.2 dealing with "food banks." 410 ILCS 625/3.2. 
Good Samaritan Act amended. PA 095-0874 January 2009 Illinois Law Update, Page 16 The Good Samaritan Act has been amended by adding Section 30.5 titled "Alternative free medical clinic without physical premises patient notification practice." 745 ILCS 49/30.5.
Subpoena for medical records January 2009 Illinois Law Update, Page 16 On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).
Wrongful Death Act does not allow a cause of action for loss of a non-implanted IVF embryo January 2009 Illinois Law Update, Page 16 On October 24, 2008, the Illinois Appellate Court, First District, answered in the negative a question about the Illinois Wrongful Death Act certified by the Circuit Court of Cook County on interlocutory appeal.
Order-of-protection laws amended to prohibit access to health records. PA 095-0912 November 2008 Illinois Law Update, Page 554 The Illinois General Assembly amended Section 602.1 of the Illinois Marriage and Dissolution of Marriage Act and Section 222 of the Illinois Domestic Violence Act to prohibit health care providers from releasing a child's health care records to any respondent listed in an order of protection. 750 ILCS 5/602.1, 750 ILCS 60/222.
Perinatal HIV Prevention Act amended. PA 095-0702 August 2008 Illinois Law Update, Page 390 The Illinois General Assembly amended sections 10 and 15 of the Perinatal HIV Prevention Act. 410 ILCS 335/10 & 15.
Easing restrictions on who may order medication and treatment June 2008 Illinois Law Update, Page 284 Effective March 10, 2008, the Department of Public Health has made two changes to the "Hospital Licensing Requirements" section of its rules. 77 Ill Adm Code 250. 
General Assembly enacts the Diabetes Initiative Act. PA 095-0419 June 2008 Illinois Law Update, Page 284 The General Assembly has enacted the Diabetes Initiative Act, Section 5 of which states that the Department of Human Services "shall develop a strategic plan to slow the rate of diabetes as a result of obesity and other environmental factors by the year 2010."
The Mental Health and Developmental Disabilities Administrative Act is amended. PA 095-0427 June 2008 Illinois Law Update, Page 284 Sections 4.3 and 70 of the Mental Heath and Developmental Disabilities Administrative Act have been amended by the General Assembly. 20 ILCS 1705/4.3 and 70. Subsection (b) of Section 4.3, concerning "Site visits and inspections," has been changed by adding language providing that the Department of Human Services will establish a system of "regular and ongoing" on-site inspections "that shall occur at least annually." 
Out-of-state psychologists allowed to practice in Illinois. PA 95-0451 June 2008 Illinois Law Update, Page 284 The Clinical Psychologist Licensing Act has been amended by adding Section 11.5. 225 ILCS 15/11.5. 
Rules protect people whose insurance carriers fail to provide proof of coverage June 2008 Illinois Law Update, Page 284 The Department has modified their rules governing insurance in Part 2025, titled "Illinois Health Insurance Portability and Accountability Standards." 50 Ill Adm Code 2025.
Sexual Assault Survivors Emergency Treatment Act amended. PA 095-0432 June 2008 Illinois Law Update, Page 284 The Sexual Assault Survivors Emergency Treatment Act, 410 ILCS 70/1a, has been amended. The Act regulates healthcare delivery for sexual assault survivors, and the collection of evidence pursuant to the statewide sexual assault evidence collection program.
Stem Cell Research and Human Cloning Prohibition act Passed - PA 095-0519 May 2008 Illinois Law Update, Page 236 The Stem Cell Research and Human Cloning Prohibition Act has been enacted. 410 ILCS 110/1 et seq.
Mental Health and Developmental Disabilities Code amended. 095-0602 April 2008 Illinois Law Update, Page 180 The Mental Health and Developmental Disabilities Code, 405 ILCS 5/1-100 et seq, has been amended to add a new section defining "Dangerous conduct," and by changing other existing definitions concerning a person's awareness of the need for treatment.
No psych-record access for “garden variety” employee emotional distress claims By Helen W. Gunnarsson February 2008 Lawpulse, Page 66 A recent ruling explains when employer-defendants can and cannot get access to employee-plaintiffs' medical and psychological records when employees sue for emotional distress cause by illegal discrimination.
Forensic Psychiatry Fellowship Training Act Created. PA 095-0022. January 2008 Illinois Law Update, Page 16 A new program has been created at the University of Illinois at Chicago and Southern Illinois University to “expand their focus on enrolling, training, and graduating forensic mental health professionals.” 
Nursing Home Care Act amended. PA 095-0031 January 2008 Illinois Law Update, Page 16 The Nursing Home Care Act has been amended to include minimum standards adopted by the Department of Public Health for the operation of nursing homes. 210 ILCS 45/3-202.
Licensing of physicians tied to maintenance of profiles December 2007 Illinois Law Update, Page 632 The Department of Financial and Professional Regulation, which regulates the licensing of physicians, has created rules to implement the Medical Practice Act of 1987, 225 ILCS 60 et seq, which required that the department make publicly available profiles of all physicians licensed in Illinois. 68 Ill Adm Code 1285. 
Mandated cystic fibrosis testing for all infants born in Illinois December 2007 Illinois Law Update, Page 632 The Newborn Metabolic Screening and Treatment Code now mandates that all infants born in Illinois be tested for cystic fibrosis. 77 Ill Adm Code 661. 
AIDS Confidentiality Act amended. PA 095-0007 November 2007 Illinois Law Update, Page 576 The Illinois General Assembly has changed the AIDS Confidentiality Act concerning informed consent for HIV testing and anonymous access to test results.
State-wide smoking ban passed. PA 095-0017 September 2007 Illinois Law Update, Page 460 The Illinois General Assembly has passed the Smoke Free Illinois Act (Act), in order to protect Illinois citizens from the secondhand effects of tobacco smoke, "a harmful and dangerous carcinogen to human beings and a hazard to public health."
Bill would make involuntary commitment easier By Helen W. Gunnarsson August 2007 Lawpulse, Page 398 But critics of the legislation say lack of resources, not a too-high commitment standard, is the problem with Illinois' mental health system.
An Overview of the Illinois Department of Financial and Professional Regulation By Michael V. Favia and Marlene E. Siedlarz August 2007 Article, Page 428 Attorneys representing doctors, dentists, and other licensees before the IDFPR need to know the agency's policies and procedures. Here's a primer.
Qualified physician must be present until medical discharge August 2007 Illinois Law Update, Page 404 Sub-section 205.320 of 77 Ill Adm Code 205, titled "Ambulatory Surgical Treatment Center Licensing Requirements," has been amended, effective May 7, 2007. 
Task force on health planning reform created. PA 095-0005 August 2007 Illinois Law Update, Page 404 In order to protect essential healthcare facilities and to improve the thoroughness of Illinois health facility planning, the Illinois General Assembly amended the Illinois Health Facilities Planning Act to create the Task Force on Health Planning Reform.
Insurers’ Claims for Reimbursement from PI Recovery: Recent ERISA Rulings By James T. Nyeste May 2007 Article, Page 244 Healthcare plan reimbursement has been a contentious issue. The Supreme Court's Sereboff ruling answered some questions, but others remain. 
Pilot program for lifelong learning accounts established for health-care workers -PA 094-1006 May 2007 Illinois Law Update, Page 236 Last summer, the Illinois General Assembly added Section 605-430 to the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code. 20 ILCS 605/605-430. 
Changes made regarding background checks for workers at Community Living Facilities March 2007 Illinois Law Update, Page 124 The Department of Health has amended 77 Ill Adm Code 370. The amendment pertains to Community Living Facilities and background checks that workers are given.