Publications

Section Newsletter Articles on Health Care Law

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.  
All the latest developments in health care law By W. Eugene Basanta and Nicholas Schroer Health Care Law, June 2012 A summary of recent cases related to health care law.
Litigating the suspension of physician clinical privileges: The intersection of The Illinois Medical Studies Act and the rule of “at issue” waiver By John J. D’Attomo and Fatema Zanzi Health Care Law, June 2012 The peer review privilege found in the Illinois Medical Studies Act continues to be a source for debate and litigation. This issue includes both an article addressing specific aspects of that Act, as well as a summary of a recent federal district court opinion dealing with the Act's application.
All the latest developments in health care law By W. Eugene Basanta and Nicholas Schroer Health Care Law, March 2012 A summary of recent cases related to health care law.  
Drug shortages—FDA’s ability to respond should be strengthened Health Care Law, March 2012 As recently reported by NPR, many US hospitals are perilously close to running out of a common cancer drug, methotrexate because a principal supplier of injectable the drug shut down in November after it failed an FDA inspection. Drug shortages in the US have in fact become a major public health concern. A recent report from the Government Accountability Office, summarized in this issue, suggests FDA authority needs to be enhanced to address this problem.
A strategy for dealing with medical providers who refuse to submit their bills to health insurance By Dennis L. Berkbigler Tort Law, February 2012 There are a number of situations where the personal injury client may benefit more by having his or her medical expenses paid by health insurance rather than out of the tort recovery. The following letter, or some variation of it, may be used in an attempt to induce the recalcitrant provider to comply with the demand to submit the client’s bills to his or her health insurance.
All the latest developments in health care law By W. Eugene Basanta and Nicholas Schroer Health Care Law, December 2011 A summary of recent cases related to health care law.
Essential Health Benefits: Balancing coverage and cost Health Care Law, December 2011 As part of recent Patient Protection and Affordable Care Act, Congress has directed that the Department of Health and Human Services (HHS) develop a package of basic essential benefits to be furnished by health insurance plans. The Institute of Medicine (IOM), in October, reported to HHS suggesting criteria to use in developing this package. The IOM report summary is included in this issue.
Specialty healthcare: The NLRB rewrites rules on bargaining units By Michael D. Gifford Labor and Employment Law, December 2011 As a result of the recent decision of Specialty Healthcare and Rehabilitation Center of Mobile, unions will be able to organize a minority share of an employer’s workforce although a majority of workers may not favor the union.
All the latest developments in health care law By W. Eugene Basanta and Nicholas Schroer Health Care Law, September 2011 A summary of recent cases related to health care law.