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Health Care LawThe newsletter of the ISBA’s Section on Health Care Law

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Newsletter articles from 2004

All the latest developments in health care law By W. Eugene Basanta and Matthew J. Ashley December 2004 In a recent case, the United States Court of Appeals for the Seventh Circuit upheld summary judgment in favor of the defendant-nursing home on a claim based on alleged violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. 1961 et seq. (RICO).
All the latest developments in health care law By W. Eugene Basanta and Matthew J. Ashley October 2004 In 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 law By W. Eugene Basanta and Nicole Poirier June 2004 Reversing 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 law By W. Eugene Basanta and Nicole Poirier March 2004 A 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.
General Accounting Office-Specialty hospital studies March 2004 Editor's Note: The recent emergence of so-called "specialty hospitals," most of which are for-profit ventures with significant physician ownership and involvement, has generated controversy as well as litigation in several states including Arkansas, Ohio, and South Dakota.
Government Accountability Office-CMS needs additional authority to adequately oversee patient safety in hospitals October 2004 Hospitals accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) are considered in compliance with Medicare participation requirements.
Health Care Section sponsors Law Ed program and teleconference March 2004 The Health Care Section Council is sponsoring two upcoming programs of interest to section members.
Medicare physician payments: Concerns about spending target system prompt interest in considering reforms December 2004 Concerns were raised about the current system Medicare uses to determine annual changes to physician fees-the sustainable growth rate (SGR) system-when fees were reduced by 5.4 percent in 2002.
Restrictive covenants in physician contracts: An emerging public policy battleground By Andrew B. Cripe June 2004 The enforceability of restrictive covenants in physician contracts has been a frequently litigated issue in Illinois in recent years.