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

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Newsletter articles from 2005

All the latest developments in health care law By W. Eugene Basanta, Anne P. Rayhill, and Sameer Vohra December 2005 As 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 law By W. Eugene Basanta, Anne P. Rayhill, and Sameer Vohra September 2005 Plaintiffs, husband and wife, filed suit in an Indiana state court after the husband sustained injuries in connection with an FDA-approved implanted medical device manufactured by the defendant to treat Parkinson's Disease.
All the latest developments in health care law By W. Eugene Basanta, Matthew J. Ashley, and Anne P. Rayhill June 2005 On 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 law By W. Eugene Basanta, Matthew J. Ashley, and Steven Ro March 2005 The 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.
CMS proposes changes in hospital conditions of participation: Changes in medical staff bylaws, procedures, and credentialing are likely June 2005 The Centers for Medicare & Medicaid Services ("CMS") of the U.S. Department of Health and Human Services ("HHS") has published a new proposed regulation modifying four hospital conditions of participation in the Medicare and Medicaid programs.
Concierge care characteristics and considerations for Medicare September 2005 Editor's Note: "Concierge care," as an emerging form of private medical practice, has generated controversy. In its August 12, 2005 report, "Concierge Care Characteristics and Considerations for Medicare, (GAO-05-929) the Government Accountability Office examined concierge care and analyzed its relationship with the Medicare program.
The medical malpractice insurance crisis: What can be done? By Patrick J. Kelley March 2005 Here in Illinois we are faced with an urgent practical problem: doctors are leaving our state, and sometimes leaving the practice altogether, because of recent huge increases in their medical malpractice insurance premiums.
Nonprofit, for-profit, and government hospitals: Uncompensated care and other community benefits June 2005 Before 1969, IRS required hospitals to provide charity care to qualify for tax-exempt status. Since then, however, IRS has not specifically required such care, as long as the hospital provides benefits to the community in other ways. Seeking a better understanding of the benefits provided by nonprofit hospitals, Congress requested that GAO examine whether nonprofit hospitals provide levels of uncompensated care and other community benefits that are different from other hospitals.
Senate Bill 475: Cause for concern or self-generated crisis? By Laninya A. Cason December 2005 On August 25, 2005, at St. Anthony’s Hospital in Alton, Illinois, Governor Rod Blagojevich signed into law, Senate Bill 475 (SB 475) which, among other things, places statutory limitations or “caps” on noneconomic damages (e.g., pain and suffering) for plaintiffs who file lawsuits against physicians and hospitals.
Specialty hospitals: Information on potential new facilities June 2005 Beginning in the 1990s, there was a substantial increase in the number of short-term acute care hospitals that primarily treat patients with specific medical conditions or who need surgical procedures.
States’ efforts to maximize federal reimbursements highlight need for improved federal oversight September 2005 The Medicaid program is designed to pay for health care services for the indigent.
Upcoming health law program—“Defending Against Government Subpoenas and Investigations in the Health Care Arena” December 2005 On Friday, January 20, 2006, from 12:00 noon to 1:30 pm, the Health Care Section is sponsoring a Law Ed program, “Defending Against Government Subpoenas and Investigations in the Health Care Arena.”