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Illinois Bar Journal

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Articles on Health Law

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. 
Hospital not liable for off-duty worker’s disclosure of patient info By Helen W. Gunnarsson March 2007 LawPulse, Page 118 The Illinois Supreme Court rules that a phlebomist's disclosure at a local tavern of a patient's blood-test results was outside the scope of her employment.
Ambulance rules passed to avoid fraudulent use - PA 094-1063 February 2007 Illinois Law Update, Page 72 In order to prevent the fraudulent ordering of ambulances for non-emergency purposes and to greater explain the effects to those who ordered the ambulances, the Illinois General Assembly has added a new section both to the Nursing Home Care Act, at 210 ILCS 45/2-217, and to the Hospital Licensing Act, at 210 ILCS 85/6.22. 
Increasing umbilical cord blood donations made a public goal - PA 094-0832 October 2006 Illinois Law Update, Page 526 Recently, section 2310-342 was added to the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois to make healthcare providers aware of umbilical cord blood donations. 
African-American HIV/AIDS Response Fund created PA 094-0797 August 2006 Illinois Law Update, Page 404 The Illinois General Assembly amended the African-American HIV/AIDS Response Act (Act) to create a special fund that shall provide grants for "programs to prevent the transmission of HIV and other programs and activities consistent with the purposes of this Act, including, but not limited to, preventing and treating HIV/AIDS, the creation of an HIV/AIDS service delivery system, and the administration of the Act." 
Public Employee Disability Act calls for disbursement of benefits beyond one calendar year August 2006 Illinois Law Update, Page 404 On June 2, 2006, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of McLean County, construing the time limitation under the Public Employee Disability Act (Act), 5 ILCS 345/1 et seq, to apply to the time the employee is unable to perform, notwithstanding the calendar period of time that has passed since a duty-related injury.
Rate increases provided for developmental care facilities and agencies August 2006 Illinois Law Update, Page 404 The Illinois Department of Health and Family Services has amended 89 Ill Adm Code 153. The amendment grants rate increases of three percent to "intermediate care facilities for persons with developmental disabilities" (ICF/MRs) and to agencies for developmental training. 
Winning Tax Exemption for Illinois Nonprofit Nursing Facilities: No Easy Task By Neville M. Bilimoria August 2006 Article, Page 420 A little-known Illinois Supreme Court case makes it much harder for nonprofit nursing homes to get a property tax exemption.
Changes made to dental examinations to be commensurate with national standards July 2006 Illinois Law Update, Page 334 Amendments have been made to the required examinations of dentists and hygienists with the intent that these changes will mirror national changes. 
Employers’ liability for employees’ loose tongues By Helen W. Gunnarsson July 2006 LawPulse, Page 338 The Illinois Supreme Court will review an appellate court's ruling that a hospital employee has a "continuing off-shift duty" to keep confidential information about patients confidential. 
Medical specialists now eligible to issue handicapped placards April 2006 Illinois Law Update, Page 174 Effective January 6, 2006, the Secretary of State has broadened the class of persons eligible to issue handicapped placards to include "competent medical specialists." 
Illinois Department of Human Services January 2006 Illinois Law Update, Page 16 The Department of Human Services amended Part 686 of Title 89, effective october 17, 2005. 
Mercury-Free Vaccine act passed - Pa 09 -061 January 2006 Illinois Law Update, Page 16 Effective January 1, 2006, the Mercury-Free Vaccine Act imposes a more stringent standard of administration for all mercury-containing vaccines.
New taskforce to improve quality and efficiency of patient care Pa 09 -06 6 January 2006 Illinois Law Update, Page 16 On August 22, 2005, the Electronic health records Taskforce Act was passed in an effort to improve the quality of patient care, maximize efficiency, advance safety measures, and decrease healthcare errors.
Standards clarified for termination or denial of HSP services January 2006 Illinois Law Update, Page 16 In an attempt to clarify those customer actions that cause a customer's home Service Program (hSP) services to be terminated, the Department of Human Services has amended Part 684 of Title 89, 89 Ill Adm Code 684. 
Acts revised for trauma reporting PA094-0671 December 2005 Illinois Law Update, Page 622 The hospital Licensing Act (210 ILCS 85/1 et seq) has been amended to require more rigorous reporting of certain traumas sustained by patients under the age of majority.
Home Health and Hospice drug dispensation and Administration Act passed PA094-0638 December 2005 Illinois Law Update, Page 622 An effort to provide hospice and home health care service providers with more protection, while at the same time making certain medications available to patients.
Legislature addresses increased incidence of autism PA094-0632 December 2005 Illinois Law Update, Page 622 In response to findings by the Centers for Disease Control and Prevention that diagnoses of autism have risen considerably in Illinois, the general Assembly has promulgated the Autism Spectrum Disorders reporting Act.
New health requirements for indoor physical fitness facilities December 2005 Illinois Law Update, Page 622 Pursuant to the Physical Fitness Facility Medical Emergency Preparedness Act, the Department of Public health has added Part 527 to Title 77 (77 Ill Adm Code 527). 
Revised criteria for Vocational Rehabilitation program eligibility November 2005 Illinois Law Update, Page 564 The Illinois Department of Human Services (Department) has recently amended Part 553 of Title 89. 
Registry of health care professionals to be maintained - PA094-0308 October 2005 Illinois Law Update, Page 506 Beginning on July 22, 2005, the Department of Public Health is required to compile a registry of all active health care professionals. 
Correspondence from Our Readers May 2005 Column, Page 222 Nonprofits' billing practices; bankruptcy lawyers and divorce.
The Health Care Surrogate Act: a physician’s finding must in writing By Helen W. Gunnarsson May 2005 LawPulse, Page 226 The Illinois Supreme Court rules that the Act did not require a hospital to consult a wife before removing a patient from a ventilator because the attending physician had not made a written finding that the patient lacked "decisional capacity."