All the latest developments in health care lawBy W. Eugene Basanta & Brittany LedbetterHealth Care Law, December 2008Illinois law has long-recognized that a liability insurer, including a medical malpractice insurer, which fails, when given the opportunity, to settle a claim against an insured party within policy limits, may be held liable in tort for failing to do so.
All the latest developments in health care lawBy W. Eugene Basanta & Brittany LedbetterHealth Care Law, September 2008Most health care lawyers are generally familiar with the preemption provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §1001 et seq.
All the latest developments in health care lawBy W. Eugene Basanta, Laura K. Johnson, & Andrew RoszakHealth Care Law, June 2008The Seventh Circuit Court of Appeals denied a petition for review and granted judicial enforcement of an order by the National Labor Relations Board against the petitioner, a hospital corporation.
All the latest developments in health care lawBy W. Eugene Basanta, Laura K. Johnson, & Andrew RoszakHealth Care Law, March 2008Recent cases of interest to health care law practitioners.
All the latest developments in health care lawBy W. Eugene Basanta & Andrew RoszakHealth Care Law, December 2007In a diversity suit, the federal court was asked to consider whether a physician’s coverage under a “claims made” malpractice insurance policy was negated because he had not disclosed a potential claim at the time of the application for the insurance.
All the latest developments in health care lawBy W. Eugene Basanta, Andrew Roszak, & Michael SinhaHealth Care Law, June 2007A Wisconsin pharmacist, who had been fired from a retail pharmacy, brought suit alleging that his termination violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. Specifically he claimed that he had been let go due to his religious-based refusal to have any form of interaction, no matter how slight, with anyone seeking birth control.
All the latest developments in health care lawBy W. Eugene Basanta, Andrew Roszak, & Michael SinhaHealth Care Law, March 2007Medical malpractice litigation has been and continues to be rough on the litigating parties, including in particular physicians who are sued.
All the latest developments in health care lawBy W. Eugene Basanta, Andrew Roszak, & Michael SinhaHealth Care Law, December 2006A recent decision from the Seventh Circuit considers a claim under the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. 1395dd.
All the latest developments in health care lawBy W. Eugene Basanta, Andrew Roszak, & Michael SinhaHealth Care Law, September 2006Relator, a pharmacist employed by the defendants, filed a qui tam suit under the False Claims Act , 31 U.S.C. 3729 et seq. (FCA) alleging that the defendant-pharmacy corporation and its subsidiary had violated the FCA.
All the latest developments in health care lawBy W. Eugene Basanta, John Castranova, Anne P. Rayhill, & Sameer VohraHealth Care Law, June 2006On May 24 the Illinois Supreme Court agreed to review several decisions involving health law issues.
All the latest developments in health care lawBy W. Eugene BasantaHealth Care Law, March 2006The United Supreme Court, in a 6-3 decision issued in January, held that the federal Controlled Substances Act (CSA), 21 U.S.C. 801 et seq. and its implementing regulations, including 21 C.F.R. 1306.4, did not prevent Oregon physicians from providing terminally ill patients with prescriptions for lethal drugs under that state’s Death With Dignity Act (DWDA), Or. Rev. Stat. 127.800 et seq. approved in 1997.
All the latest developments in health care lawBy W. Eugene Basanta, Anne P. Rayhill, & Sameer VohraHealth Care Law, December 2005As the competitive nature of the healthcare industry continues to increase, medical professionals are seeking alternative means to improve their patient base including the use of advertising.
All the latest developments in health care lawBy W. Eugene Basanta, Matthew J. Ashley, & Anne P. RayhillHealth Care Law, June 2005On June 6, a majority of the United States Supreme Court held that the federal Controlled Substances Act (CSA), 21 U.S.C. 801 et seq., represents a valid exercise of Congressional power to regulate commerce.
All the latest developments in health care lawBy W. Eugene Basanta, Matthew J. Ashley, & Steven RoHealth Care Law, March 2005The Seventh Circuit recently held that federal jurisdiction can exist for an action based on a subrogation provision of a health insurance benefit plan when such a plan was established under the Federal Employees Health Benefits Act (FEHBA), 5 U.S.C. § 8901 et seq. Specifically, the court held that FEHBA's express preemption provision dictates that the terms of a FEHBA plan preempt state law where, as here, such terms are related to benefits and coverage.
All the latest developments in health care lawBy W. Eugene Basanta & Matthew J. AshleyHealth Care Law, October 2004In June, the United States Supreme Court decided an important Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., preemption case.
All the latest developments in health care lawBy W. Eugene Basanta & Nicole PoirierHealth Care Law, June 2004Reversing a district court judgment for plaintiffs, the Seventh Circuit Court of Appeals has held that there is no common law duty to be a Good Samaritan and no implied right of private action under the Illinois Abused and Neglected Child Reporting Act, 325 ILCS 5/1 et seq. In this case, a babysitter providing services to a navy family, abused the child and then brought him to the naval hospital claiming he fell down the stairs.
All the latest developments in health care lawBy W. Eugene Basanta & Nicole PoirierHealth Care Law, March 2004A recent Illinois federal district court decision addresses issues of access to mental health facilities by the plaintiff, a federally-funded protection and advocacy (P&A) agency.
All the latest developments in health care lawBy W. Eugene BasantaHealth Care Law, December 2003The United States Supreme Court, in November, agreed to review the decision of the Fifth Circuit Court of Appeals in Roark v. Humana, Inc., 307 F.3d 298 (5th Cir. 2002).
All the latest developments in health care lawBy W. Eugene Basanta & Nicole PoirierHealth Care Law, September 2003The defendant-dentist was charged by federal law enforcement officials with, among other nonviolent crimes, submitting fraudulent insurance claims in connection with his dental practice
All the latest developments in health care lawBy W. Eugene BasantaHealth Care Law, June 2003The U.S. Supreme Court has ruled that Maine can begin to implement its controversial prescription drug program, "MaineRx."
All the latest developments in health care lawBy W. Eugene Basanta, Alisha Logan, & Melanie PearceHealth Care Law, April 2003The U.S. Supreme Court has upheld the decision of the Seventh Circuit Court of Appeals in an action involving allegations of false reports in connection with federally-funded research at a county hospital.
All the latest developments in health care lawBy W. Eugene Basanta & Alisha LoganHealth Care Law, February 2003In January, the United States Supreme Court heard oral arguments in several health-care-related cases. One case came to the Court on appeal from the Seventh Circuit and involved a Federal False Claims Act (FCA), 31 U.S.C. '3729 suit brought against Cook County.
All the latest developments in health care lawBy W. Eugene Basanta & Alisha LoganHealth Care Law, November 2002The Illinois Supreme Court has granted leave to appeal in Brandt v. Sarah Bush Lincoln Health Center, 329 Ill. App. 3d 348, 771 N.E.2d 470 (4th Dist. 2002).
All the latest developments in health care lawBy W. Eugene BasantaHealth Care Law, June 2002The Illinois Supreme Court has agreed to review the First District Appellate Court's decision in Department of Professional Regulation v. Manos, 326 Ill. App. 3d 698, 761 N.E.2d 208 (1st Dist. 2001).
All the latest developments in health care lawBy W. Eugene BasantaHealth Care Law, May 2002A federal action was brought by a mental health care professional disciplined by the Illinois Department of Professional Regulation (IDPR) for practicing without a license.
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