Publications

Illinois Bar Journal
Articles on Health Law

HIV/AIDS Confidentiality and Testing Code incorporates federal rapid testing guidelines and adopts limited exceptions to confidentiality of test results January 2005 Illinois Law Update, Page 14 The Department of Public Health recently amended the HIV/AIDS Confidentiality and Testing Code under 77 Ill Adm Code 697. 
Illinois adopts asthma prevention and control program P.A. 093-1015 December 2004 Illinois Law Update, Page 620 Effective August 24, 2004, the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois was amended by adding section 2310-338 to provide an asthma prevention and control program. 
Potluck events excluded from regulation by health authorities P.A. 093-1039 December 2004 Illinois Law Update, Page 620 Effective June 1, 2005, no health authority will have regulatory power over potluck food events.
Challenging the Medical Studies Act’s Peer-Review Privilege By Judy L. Cates November 2004 Article, Page 582 A plaintiff's-eye view of this important limit on discovery in med-mal cases.
The Challenge of Representing Mentally Impaired Clients By Helen W. Gunnarsson October 2004 Article, Page 518 You think your client's judgment might be impaired – must you do what he asks? Can you talk to the family? A look at governing law.
Professional Service Corporation licensing is not intended to protect the public health and welfare October 2004 Illinois Law Update, Page 514 On July 8, 2004, the Illinois Second District Appellate Court answered two questions, certified for interlocutory appeal by the Circuit Court of McHenry County, in the negative.
Reporting Child Abuse and Neglect: Good Faith Immunity for Health Care Providers By Theodore R. LeBlang July 2004 Article, Page 356 A look at how recent cases have construed the nature and scope of the immunity.
Are Statutory Health Care POAs HIPAA-Compliant? By Helen W. Gunnarsson June 2004 Article, Page 302 Do your health care POA forms pass HIPAA muster? Read and find out.
Background Checks Required for Euthanasia Technicians P.A. 093-0626 May 2004 Illinois Law Update, Page 242 Effective immediately, each applicant for certification as a euthanasia technician must have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form.
Correspondence from Our Readers December 2003 Column, Page 590 "Incorrect assumptions" about involuntary psychiatric treatment.
Discovery of Medical Information After HIPAA: A Litigator’s Guide By Katherine L. Dzik November 2003 Article, Page 554 HIPAA has changed the rules for obtaining medical information from health care providers. Here's a brief guide, complete with forms.
Involuntary Administration of Psychotropic Drugs: Balancing Safety and Civil Liberties By Anthony E. Rothert October 2003 Article, Page 496 A look at recent cases and trends in this dynamic area of law.
Hospitals potentially liable even if doctor takes the blame By Helen W. Gunnarsson September 2003 Lawpulse, Page 430 The supreme court recently affirmed a med-mal plaintiff's right to proceed against a hospital even where the physician falls on his sword.
Hospital Employment of Physicians After Berlin and Carter-Shields By Saul J. Morse and Robert John Kane August 2003 Article, Page 402 Recent developments in Illinois law governing employment of physicians by hospitals and hospital affiliates.
Department of Agriculture prepares to combat West Nile June 2003 Illinois Law Update, Page 280 The Illinois Department of Agriculture, anticipating the renewed threat posed by the West Nile Virus, has amended 8 Ill Adm Code 250.
Nursing home litigation: no certificate of merit required By Helen W. Gunnarsson May 2003 Lawpulse, Page 220 In a victory for plaintiffs, the Illinois Supreme Court ruled that litigants need not attach 2-622 certificates of merit to suits against nursing homes under the Nursing Home Care Act.
What HIPAA’s Privacy Regs Mean for Employers and Group Health Plans By Aaron W. Brooks April 2003 Article, Page 192 Guidance for lawyers and their employer clients.
The dentist-patient privilege By Helen W. Gunnarsson February 2003 Lawpulse, Page 58 The physician-patient privilege applies to dentists, too, the supreme court rules.
The Supreme Court Endorses the Right to Second Opinions for HMO Participants By Travis J. Ketterman February 2003 Article, Page 66 In Rush Prudential HMO v Moran, the Court rejected an HMO's attempt to void the Illinois HMO Act based on ERISA preemption.
Involuntary administration of psychotropic drugs: Does Illinois need new standards? By Helen W. Gunnarsson January 2003 Lawpulse, Page 8 Some experts think Illinois law should be changed to make it easier to involuntarily admit mental patients and force them to take psychotropic drugs if they're unwilling. Others fear the changes would crowd mental-health facilities beyond capacity.
Employment agreement between physician and unlicensed not-for-profit corporation violates prohibition against corporate practice of medicine December 2002 Illinois Law Update, Page 634 On September 19, 2002, the Illinois Supreme Court held that a physician's employment agreement her employer violated the prohibition against the corporate practice of medicine and was void and unenforceable.
Civil monetary penalty against nursing home proper when supported by substantial evidence that Medicare regulations were violated October 2002 Illinois Law Update, Page 512 On August 15, 2002, the United States Court of Appeals for the Seventh Circuit concluded that a civil monetary penalty assessed to the plaintiff by the Department of Health and Human Services for violations of Medicare regulations was proper.
The Physician as Good Samaritan: Evolving Legal Protections Under Illinois Law By Theodore R. LeBlang October 2002 Article, Page 522 A review of the statutory and case law shielding physicians who provide medical care in emergencies.
The Legal Landscape for Advanced-Practice Nurses: The Nurses’ Perspective By Leatrice E. Schmidt September 2002 Article, Page 485 This article responds to an earlier Journal article on the Advanced Practice Nursing Act.
Contending with HIPAA Privacy Standards in Illinois By Neville M. Bilimoria August 2002 Article, Page 414 This article reconciles the strictures of the Health Insurance Portability and Accountability Act with Illinois privacy law.
Law authorizes Health Maintenance Organizations (HMOs) to offer point-of-service (POS) benefits P. A. 92-0135 August 2002 Illinois Law Update, Page 402 Gov. George H. Ryan signed into law House Bill 1040 on July 24, 2001, which amended Illinois' Health Maintenance Organization Act.
Behavior treatment in residential child care facilities June 2002 Illinois Law Update, Page 288 On March 15, 2002, the Illinois Department of Children and Family Services (department) adopted amendments to section 384 of the Illinois Administrative Code. 89 Ill Adm Code 384.
Health insurance coverage for mastectomies June 2002 Illinois Law Update, Page 288 On March 25, 2002, the Illinois Department of Insurance (department) issued emergency amendments to section 5421 of the Illinois Administrative Code. 50 Ill Adm Code 5421.
Availability of access to records of psychological treatment further narrowed May 2002 Illinois Law Update, Page 232 On February 22, 2002, the Illinois Supreme Court reversed the judgment of the appellate court in ruling that when a patient and his wife brought a malpractice action against a hospital and doctors, they did not place the patient's mental health at issue.
Mental health services in nursing facilities May 2002 Illinois Law Update, Page 232 On February 15, 2002, the Illinois Department of Public Aid adopted amendments to section 145 of the Illinois Administrative Code. 89 Ill Adm Code 145.