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

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Newsletter articles from 2008

All the latest developments in health care law By W. Eugene Basanta and Brittany Ledbetter December 2008 Illinois 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 law By W. Eugene Basanta and Brittany Ledbetter September 2008 Most 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 law By W. Eugene Basanta, Laura K. Johnson, and Andrew Roszak June 2008 The 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 law By W. Eugene Basanta, Laura K. Johnson, and Andrew Roszak March 2008 Recent cases of interest to health care law practitioners.
Do the FTC Red Flag Rules apply to you? What every healthcare entity should know about the new requirements to prevent identity theft By H. Carol Saul and Alicia Hayes Sable December 2008 Security breaches at hospitals and other healthcare entities are occurring with alarming frequency, as evidenced by the nearly daily news stories covering this critical issue.
Health-care associated infections in hospitals June 2008 Editor’s Note: Health care quality is an area of increasing concern for hospitals and other providers. Beginning October 1, Medicare will not pay hospitals for certain events that are the result of avoidable mistakes. Included among such events are various infections and pressure ulcers.
Nationwide review of the Centers for Medicare & Medicaid Services Health Insurance Portability and Accountability Act of 1996 oversight by Office of Inspector General, Department of Health and Human Services December 2008 On August 21, 1996, Congress enacted P.L. No. 104-191, the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Sections 261 and 262 of HIPAA established national standards that protect the confidentiality and integrity of electronic protected health information (ePHI) while it is being stored or transmitted between entities.
OIG Advisory Opinion concerning a proposal for a gift card for patients whose service expectations were not met September 2008 [Name redacted] (the “Requestor”) is an integrated health delivery system located in [state redacted].
Prescription drugs—FDA’s oversight of the promotion of drugs for off-label uses September 2008 [On July 28, 2008, the Government Accountability Office (GAO) issued a report, “Prescription Drugs: FDA's Oversight of the Promotion of Drugs for Off-Label Uses,” GAO-08-835. A summary of this report is provided below].
Tax-exemption and charity care update By Carolyn V. Metnick March 2008 Many stories out of Illinois topped the national headlines as several tax-exempt hospitals in central Illinois saw their property tax-exemption challenged and in some cases, revoked or denied.