Publications

Articles on Health Law

New continuum of care license for organizations providing service to individuals with developmental disabilities

December
2016
Illinois Law Update
Page 16
The Department of Healthcare and Family Services Law of the Civil and Administrative Code of Illinois was amended to create licenses for continuum of care facilities that serve individuals with developmental disabilities.

Dentists can now administer flu vaccine

November
2016
Illinois Law Update
Page 18
The professional regulations governing dentists added a new section that allows dentists to administer flu vaccines.

Temporary increases in deductions for disabled residents in long term care expired prompting return to 2014 standards

November
2016
Illinois Law Update
Page 18
The Department of Healthcare and Family Services adopted an amendment to the Medical Assistance Programs reducing personal need allowances for residents of assisted living facilities.

Human bodies may be transferred out-of-state for organ and/or tissue donation harvesting

October
2016
Illinois Law Update
Page 18
The Department of Public Health adopted amendments to allow for the temporary removal of a dead human body to an out-of-state location for organ and/or tissue harvesting.

From the Discussions - How can I reverse an unwanted voluntary commitment?

September
2016
Article
Page 45
Q. A woman signed herself into a psychiatric ward, then asked for a discharge but hasn't been released. What are the options?

Updates to medical cannabis program

September
2016
Illinois Law Update
Page 18
Pubic Act 099-0519, which was signed by the governor on June 30, 2016, makes amendments to 410 ILCS 130/5, commonly known as The Compassionate Use of Medical Cannabis Pilot Program.

Hospitals have no duty to ensure patients’ subjective understanding of consent forms to avoid apparent agency liability

August
2016
Illinois Law Update
Page 18
On May 9, 2016, the Illinois Appellate Court held that a trial court properly dismissed plaintiff's apparent agency claim against a hospital.

New supportive housing and bridge subsidy model for persons with mental illness

August
2016
Illinois Law Update
Page 18
The Department of Human Services adopted a new Part entitled "Permanent Supportive Housing & Bridge Subsidy Model for Persons with Mental Illness." 59 Ill. Adm. Code 145 (eff. May 20, 2016).

Nursing homes need not request criminal background checks on transferring residents who are immobile or moving into hospice

June
2016
Illinois Law Update
Page 18
The Nursing Home Care Act has been amended to alter criminal background check requirements for transferring residents.

Hospital patients may be deemed presumptively eligible for Medicaid

May
2016
Illinois Law Update
Page 16
The Department ("HFS") amended the Illinois Public Aid Code to create "Hospital Presumptive Eligibility" ("HPE") as required by the Affordable Care Act. 89 Ill. Adm. Code 120 (eff. Jan. 20, 2016).

Expanded list of medical events that must be reported under the Adverse Health Care Event Reporting Code

April
2016
Illinois Law Update
Page 18
The Department ("DPH") has adopted amendments to the Adverse Health Care Event Reporting Code, a Part requiring health care facilities to report to DPH any adverse health care events. 77 Ill. Adm. Code 235 (eff. Dec. 23, 2015).

Sexual Assault Survivors Emergency Treatment Act amended to restrict certain healthcare provider billing practices

April
2016
Illinois Law Update
Page 18
The new section of the Sexual Assault Survivors Emergency Treatment Act (SASETA) provides details on reimbursement procedures for services rendered by hospitals and healthcare professionals to sexual assault survivors.

Government medical assistance programs, employers, property and casualty insurers, and private health insurers are not required to reimburse medical cannabis costs

March
2016
Illinois Law Update
Page 26
The Compassionate Use of Medical Cannabis Pilot Program Act was amended to change the entities required to reimburse a person for costs associated with medical cannabis.

Revisions to the Home Health, Home Services, and Home Nursing Agency Code clarify distinctions and obligations between agencies

March
2016
Illinois Law Update
Page 26
Amendments to 77 Ill. Adm. Code 245 (eff. Dec. 10, 2015) contain a number of substantive changes in the definitions and duties of the various home health care services covered by the Code.

The Narrow-Network Nightmare

By Janet L. Lerman and Frank E. Stepnowski
August
2015
Article
Page 32
Many patients don't learn they're getting care from providers outside their narrow network until they received huge unexpected bills that aren't covered by insurance.

New rules for the stroke data collection fund

July
2015
Illinois Law Update
Page 18
Under this act, the Department of Public Health may designate hospitals as "acute stroke-ready hospitals" for providing emergent stroke care.

Reduced reimbursement rates and dispensing fees for healthcare providers

June
2015
Illinois Law Update
Page 16
Under this new addition to the Illinois Public Aid Code, nursing facility services, home health services, children's habilitation centers, specialized mental health rehabilitation facilities, supportive living facilities, ambulance services, pharmacy services, managed care entities...

Eligibility for health reimbursement arrangements

April
2015
Illinois Law Update
Page 16
Under this amendatory act, the Illinois Board of Trustees retains the power to institute a health reimbursement arrangement that can provide, among other things, that...

Estate Planners Adopt and Adapt the New HCPOA Form

By Ed Finkel
April
2015
Article
Page 20
Illinois has a new, plain-language statutory health care power of attorney, and lawyers are getting used to it – and, in some cases, tweaking it to suit their practices.

Anatomical pathology services may not be marked up in patient bills

February
2015
Illinois Law Update
Page 18
Physicians ordering anatomical pathology services for patients to be provided by a third party may not mark up the cost of such services.

Failure to report alleged abuse or neglect is now a Class A misdemeanor

December
2014
Illinois Law Update
Page 572
The Department of Human Services ("DHS") has amended the regulations governing the investigation of alleged abuse or neglect in healthcare facilities and community agencies that are directly funded by DHS. 59 Ill. Adm. Code 50 (eff. Sept. 10, 2014).

New guidance for power of attorney in Illinois

December
2014
Illinois Law Update
Page 572
The General Assembly added a definition of "health care agent" to the Illinois Power of Attorney Act.

AIDS drug assistance program updated

November
2014
Illinois Law Update
Page 524
The Department has amended its regulations governing the AIDS Drug Assistance Program ("ADAP") provided for by the Ryan White HIV/AIDS Treatment Extension Act of 2009.

Statutory category of surgical treatment centers expanded to include Medicare and Medicaid facilities

November
2014
Illinois Law Update
Page 524
The category of facilities qualifying as "ambulatory surgical treatment centers" has been expanded to include any facility that qualifies under the rules adopted by the Illinois Department of Public Health.

Changes to public record access, timelines, and appeals

September
2014
Illinois Law Update
Page 424
The Health Facilities and Services Review Board ("the Board") recently added a new Part titled "Public Information Access, Rulemaking, and Organization" to the Chapter governing the Health Facilities and Services Review Board. 2 Ill. Adm. Code 1925 (eff. June 30, 2014).

More family members may petition for medical information under the Adoption Act

September
2014
Illinois Law Update
Page 424
This amendatory act to the Adoption Act adds several categories of people eligible to petition state courts for the appointment of a confidential intermediary to: (1) exchange medical and identifying information with mutually consenting biological relatives; and (2) arrange contact with consenting biological relatives.

No civil or criminal liability for good faith provision of healthcare to minors

September
2014
Illinois Law Update
Page 424
The General Assembly recently added section 1.5 to the Consent by Minors to Medical Procedures Act.

Proof of health insurance required to participate in state-funded medical programs

September
2014
Illinois Law Update
Page 424
In order to participate in State-funded hemophilia treatment and chronic renal disease programs, patients suffering from hemophilia and chronic renal disease must now provide proof of health insurance coverage.

Increased oversight for medical therapy and imaging services

August
2014
Illinois Law Update
Page 372
New quality assurance and oversight standards for computed tomography ("CT"), radiation therapy, electronic brachytherapy, and digital imaging went into effect on May 29, 2014. 32 Ill. Adm. Code 360.

Medical marijuana implementation a work in progress

By Janan Hanna
August
2014
LawPulse
Page 366
The law took effect January 1, but the rules that would make it available to patients were approved only last month.

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