Publications

Illinois Bar Journal
Articles on Health Law

Investigations of maltreatment of individuals in state-operated facilities April 2002 Illinois Law Update, Page 176 On January 1, 2002, the Illinois Department of Human Services (department) adopted emergency amendments to section 50 of the Illinois Administrative Code. 59 Ill Adm Code 50.
Medical assistance for persons with breast or cervical cancer April 2002 Illinois Law Update, Page 176 On December 28, 2001, the Illinois Department of Public Aid (department) adopted new subsections to section 120 of the Illinois Administrative Code. 89 Ill Adm Code 120.
Legislation permits sexual assault nurse examiners to perform examinations of sexual assault victims P.A. 92-514 March 2002 Illinois Law Update, Page 120 Legislation signed by Gov. Ryan in January amends the Sexual Assault Survivors Emergency Treatment Act to authorize sexual assault nurse examiners to perform examinations of sexual assault victims using a State Police Evidence Collection Kit (SPECK).
Water-testing services created February 2002 Illinois Law Update, Page 66 On October 30, 2001, the Department of Nuclear Safety (department) adopted eight new provisions in section 336 of the Illinois Administrative Code. 32 Ill Adm Code 336.
Provisions of Hospital Licensing Act permitting disclosure of patient information within hospital and to hospital’s counsel held constitutional January 2002 Illinois Law Update, Page 14 On October 18, 2001, the Illinois Supreme Court, on direct appeal, reversed the circuit court, holding that the Hospital Licensing Act, 210 ILCS 85/6.17, did not violate the separation of powers doctrine, did not unreasonably violate a patient's right to privacy, and did not constitute impermissible special legislation.
Students with asthma now allowed to self-administer medication at school P.A. 92-402 December 2001 Illinois Law Update, Page 624 Recent legislation gives students with asthma the ability to prevent or control asthma attacks at school.
New medical assistance provisions August 2001 Illinois Law Update, Page 398 On May 11, 2001, the Illinois Department of Public Aid (department) adopted amendments to section 140 of the Illinois Administrative Code. 89 Ill Adm Code 140.
Long-Distance Doctors: The Crossroads of Telemedicine Licensure in Illinois By Erin K. Grunzke July 2001 Article, Page 362 This author, on the other hand, favors state licensure in Illinois over a national approach.
Advanced Practice Nurses and Diagnosis and Prescription: Illinois’ New Legal Landscape By Saul J. Morse and Robert John Kane June 2001 Article, Page 308 A new law grants advanced practice nurses express authority to diagnose illness and prescribe medicine.
Union Docs: The AMA, the HMOs, and Physicians’ Rights to Collectively Bargain By Todd A. Lyon March 2001 Article, Page 138 Can new labor organizations created by the AMA strengthen the hand of doctors and patients in the face of growing HMO power?.
The Expanding Scope of HMO Liability in Illinois By Michelle M. Jochner February 2001 Article, Page 64 A review of three groundbreaking HMO liability cases that change the landscape of medical malpractice litigation.
The Lawyer’s Journal By Bonnie C. McGrath January 2001 Column, Page 10 Standard of review for fee suits; U.S. Supremes just say no to drug-sniffing dogs at checkpoints; employee claims rejected by 7CA; and more.
Emergency Medical Services Systems Act does not provide immunity to city of Chicago when employees engage in willful and wanton misconduct October 2000 Illinois Law Update, Page 563 On August 10, 2000, the Illinois Supreme Court held that the Emergency Medical Services Systems Act (EMS Act) (210 ILCS 50/1 through 33 (West 1994)) does not provide immunity to city-employed paramedics who engage in wanton and willful misconduct.
The Lawyer’s Journal By Bonnie C. McGrath August 2000 Column, Page 434 You still have the right to remain silent; UPL and in-house counsel; and more.
Medical assistance programs August 2000 Illinois Law Update, Page 438 On May 1, 2000, the Illinois Department of Public Aid adopted amendments and a new section to section 120 of the Illinois Administrative Code. 89 Ill Adm Code 120.
The Lawyer’s Journal By Bonnie C. McGrath July 2000 Column, Page 378 Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.
Illinois Adoption Registry and Medical Information Exchange May 2000 Illinois Law Update, Page 252 On February 25, 2000, the Illinois Department of Public Health adopted emergency amendments and a new section to section 500 of the Illinois Administrative Code. 77 Ill Adm Code 500.
Managed Care Reform and Patient Rights Act May 2000 Illinois Law Update, Page 252 On February 10, 2000, the Illinois Department of Insurance adopted 15 new subsections to the Illinois Administrative Code. 50 Ill Adm Code 5240.
ADA claim must establish that condition is regarded as a disability April 2000 Illinois Law Update, Page 196 On February 8, 2000, the seventh circuit court of appeals affirmed the decision of the district court for the Northern District of Illinois to grant summary judgment to the defendants as to plaintiff Krocka's claim under the Americans with Disabilities Act ("ADA").
School Based and School Linked Clinic Programs March 2000 Illinois Law Update, Page 128 On December 1, 1999, the Illinois State Department of Public Aid adopted amendments to section 140 of the Illinois Administrative Code. 89 Ill Adm Code 140.
FDA pre-market approval of pacemakers did not preempt state law claims against manufacturer February 2000 Illinois Law Update, Page 68 On December 2, 1999, the Illinois Supreme Court reversed the appellate court and found that FDA pre-market approval of pacemakers was not a federal requirement.
New requirements for hospital licensing February 2000 Illinois Law Update, Page 68 On November 15, 1999, the Illinois Department of Public Health adopted amendments to section 250 of the Illinois Administrative Code. 77 Ill Adm Code 250.
Group health care plans and patient rights December 1999 Illinois Law Update, Page 636 On September 27, 1999, the Illinois Department of Insurance adopted emergency rules to section 5420 of the Illinois Administrative Code. 50 Ill Adm Code 5420.
HMOs may be held vicariously liable for negligence of independent contractor physicians December 1999 Illinois Law Update, Page 636 On September 30, 1999, the Illinois Supreme Court affirmed the appellate court's decision that an HMO may be held vicariously liable, under the doctrines of apparent authority and implied authority, for the negligence of its independent contractor physicians.
Managed Care Reform and Patient Rights Act: Implications for Patients, Providers, and Plans By Steven F. Banghart, Keith E. Emmons, Daniel H. Melvin, and Mark E. Rust December 1999 Article, Page 640 The authors review the highlights of this new law, which limits the power of managed care organizations and expands the rights of patients.
The Lawyer’s Journal By Bonnie McGrath November 1999 Column, Page 570 Watch out, HMOs.
The Lawyer’s Journal By Bonnie McGrath August 1999 Column, Page 402 Breach of fiduciary duty: A new application
Looser standards to receive vocational rehabilitation services August 1999 Illinois Law Update, Page 406 On May 17, 1999, the Illinois Department of Human Services adopted emergency amendments to section 553 of the Illinois Administrative Code. 89 Ill Adm Code 553.
The Lawyer’s Journal By Bonnie McGrath July 1999 Column, Page 348 Different rulings on the same-part-of-the-body rule.
$9.1 Billion Tobacco Settlement Ignites Controversy in the General Assembly June 1999 Illinois Law Update, Page 304 On November 23, 1998, 46 states settled smoking-related claims against the tobacco industry for as much as $206 billion, potentially the largest court settlement in history.