Publications

Section Newsletter Articles on Health Care Law

All the latest developments in health care law By W. Eugene Basanta and Chelbie A. Mitchell Health Care Law, December 2015 Recent cases of interest to health care law practitioners.
Individual accountability for corporate wrongdoing Health Care Law, December 2015 In addition to summaries of recent health law cases, this issue features a reprint of the “Yates Memo.” On September 9, 2015, Deputy U.S. Attorney General Sally Quillian Yates issued a memorandum addressed to assistant U.S. attorneys that signals a change in the approach the federal government will be taking to corporate investigations and prosecutions. Health care attorneys likely should be familiar with this memo.
Pharmacist dispensing error…Is a 622 affidavit required? By Nick Kujawa General Practice, Solo, and Small Firm, November 2015 A dispensing error case can be pled as ordinary negligence and should survive a motion to dismiss as there is no requirement for a 622 affidavit.
All the latest developments in health care law By W. Eugene Basanta and Chelbie A. Mitchell Health Care Law, September 2015 Recent cases of interest to Health Care Law practitioners.
Healthcare privacy criss-crossing with cognitive computing By Alex Tarnow Legal Technology, Standing Committee on, September 2015 While the progress in health IT is fantastic, there are a plethora of privacy concerns.
Outside investment in health care: A very attractive hot potato By Thomas B. Shapira and Louis S. Harrison Health Care Law, September 2015 The June issue of the Health Care Lawyer included an article by Lawrence Stark, “Professional Services Corporations and Medical Corporations in Illinois—A Brief Primer.” That article discussed some of the drafting and other legal requirements to form a professional service corporation under Illinois law. In this issue, an article by Thomas B. Shapira and Louis S. Harrison, “Outside Investment in Health Care: A Very Attractive Hot Potato,” addresses some particular issues in organizing health care providers in Illinois, including the “corporate practice of medicine” doctrine.
Think asbestos bankruptcy trusts equals easy money? Think again! By Martin J. Mengarelli Tort Law, August 2015 To maximize a claim against a bankruptcy trust, it must be worked up like any other defendant in a personal injury suit.
All the latest developments in health care law By W. Eugene Basanta, Shannon Fruth, and Shane Swords Health Care Law, June 2015 Recent cases of interest to Health Care Law practitioners.
Professional services corporations and medical corporations in Illinois—A brief primer By Lawrence J. Stark Health Care Law, June 2015 For Illinois physicians and other health care professionals who want to incorporate, a basic understanding of the relevant statutes and regulations is critical. This issue of the Health Care Lawyer provides a useful primer on this topic. And, look for an article in an upcoming issue discussing the "corporate practice doctrine" in Illinois
All the latest developments in health care law By W. Eugene Basanta, Shannon Fruth, and Shane Swords Health Care Law, December 2014 Summaries of recent cases related to health care law.
Health care transparency—Actions needed to improve cost and quality information for consumers Health Care Law, December 2014 A major trend in the evolving health care world is greater participation by consumers in choosing where and from whom they get their care. To do so, consumers must have more access to quality and cost information in order to make informed decisions. A recent Government Accountability Office report, "Health Care Transparency—Actions Needed To Improve Cost and Quality Information for Consumers," looks at the need for “transparency” in this context.
All the latest developments in health care law By W. Eugene Basanta and Shane Swords Health Care Law, September 2014 Summaries of recent cases related to health care law.
All the latest developments in health care law By W. Eugene Basanta and Shane Swords Health Care Law, June 2014 Summaries of recent cases related to health care law.
The Supreme Court’s impending decision in the contraceptive mandate cases: Will it go the way of the Seventh Circuit? By Valerie J. Munson Health Care Law, June 2014 The Affordable Care Act’s contraceptive mandate, and its application to secular corporations with strong religious orientations, has been the subject of multiple and conflicting decisions from the lower federal courts. On March 24, 2014, the U.S. Supreme Court heard oral argument in two cases in which secular corporations have sought exemption from the contraceptive mandate on free exercise grounds. This article examines the arguments advanced before the Court and suggests how the cases may be resolved.
All the latest developments in health care law By W. Eugene Basanta, Kent Larsson, and Shane Swords Health Care Law, March 2014 Summaries of recent cases related to health care law.
Modified policy on Freedom of Information Act disclosure of amounts paid to individual physicians under the Medicare Program Centers for Medicare & Medicaid Services Health Care Law, March 2014 In January, the Centers for Medicare & Medicaid Services (CMS) announced that effective March 18, 2014, it will follow “a new policy regarding requests made under the Freedom of Information Act for information on amounts paid to individual physicians under the Medicare program. . . .” Under this new policy, physicians may find that their Medicare payments in a given year become public information. A summary of this new policy is included in this issue.
ACOs and patient choice—What providers need to know By Elias N. Matsakis and Sabrina Cua Health Care Law, December 2013 The Affordable Care Act authorized the Center for Medicare and Medicaid Services (CMS) to establish the Medicare Shared Savings Program (MSSP). To accomplish its goals, this program, relies on accountable care organizations (ACOs) that  contract with CMS. This issue of the Health Care Lawyer includes an article by Elias N. Matsakis and Sabrina Cua of Holland & Knight discussing ACOs with a focus on issues related to patient choice in receiving care.
All the latest developments in health care law By W. Eugene Basanta and Shane Swords Health Care Law, December 2013 A summary of recent cases related to health care law.
All the latest developments in health care law By W. Eugene Basanta, Shane Swords, and Kent Larsson Health Care Law, September 2013 A summary of recent cases related to health care law.
Drug compounding: Clear authority and more reliable data needed to strengthen FDA oversight Health Care Law, September 2013 In the last year, there have been several instances of contamination and patient injury in widely used drugs supplied to physicians and hospitals by drug compounding companies. The most recent incident was in August of this year involving a Texas compounding company. The Government Accountability Office (GAO) released a report in July 2013 looking at the issue of regulatory oversight of compounding companies. A summary of the GAO report is included in this issue.
All the latest developments in health care law By W. Eugene Basanta, Brittany Pape, and Nicholas Schroer Health Care Law, June 2013 A summary of recent cases related to health care law.
The Affordable Care Act—Will stand-alone hospitals sink or swim? By John J. Tufano Health Care Law, March 2013 For many stand-alone hospitals, merging, partnering, or affiliating with larger hospital networks may be their only option to remain viable and achieve certain scales required by the Patient Protection and Affordable Care Act.
All the latest developments in health care law By W. Eugene Basanta, Brittany Pape, and Nicholas Schroer Health Care Law, March 2013 U.S. Supreme Court rejects state action defense in antitrust action involving hospital sale. In doing so the Court rejects analysis of Eleventh Circuit Court of Appeals.
The Affordable Care Act—Will stand-alone hospitals sink or swim? By John J. Tufano Business and Securities Law, January 2013 For many stand-alone hospitals, merging, partnering, or affiliating with larger hospital networks may be their only option to remain viable and achieve certain scales required by the Patient Protection and Affordable Care Act.
All the latest developments in health care law By W. Eugene Basanta and Nicholas Schroer Health Care Law, December 2012 A summary of recent cases related to health care law.
The amendment to the Health Care Services Lien Act By Bridget Duignan Tort Law, December 2012 The amended Act provides certainty and a more level playing field for insurance companies and individual insureds within the context of bodily injury and death claims.
Court strictly construes Medical Studies Act in memo written to Surgery Center Board By Mary Cunningham Women and the Law, October 2012 A summary of the recent case of Kopolovich v. Shah.
All the latest developments in health care law By W. Eugene Basanta and Nicholas Schroer Health Care Law, September 2012 A summary of recent cases related to health care law.
Estimates for the insurance coverage provisions of the Affordable Care Act updated for the recent Supreme Court decision Health Care Law, September 2012 In July, the Congressional Budget Office (CBO) released two reports, one looking at the budgetary impact of the U.S. Supreme Court’s decision regarding expansion of the Medicaid program under the Affordable Care Act (ACA) and the other examining the budgetary costs associated with a possible repeal of the ACA. Summaries of these reports are included in this issue of the Health Care Lawyer.  
Patents, medication, and WHO controls them: A look inside a potential negotiator of the patented drug trade By Veena Tripathi International and Immigration Law, August 2012 Global health is plagued by the inefficiencies of developing countries to gain access to medications. The inability for these countries to access these medications can be often blamed on the lack of patent regulation. The author reports on the past and current state of global patents for necessary medications and suggests that the World Health Organization, a branch of the United Nations, can be the mediator in this relationship.