Publications

Articles on Health Law

Liens obtained by hospitals under Health Care Services Lien Act are not limited to awards of medical expenses

December
2017
Illinois Law Update
Page 16
The Supreme Court of Illinois concluded that liens obtained by hospitals under the Health Care Services Lien Act (770 ILCS 23/1 et seq.) (the "Lien Act"), are not limited to or conditioned upon a finding or allocation for medical expenses for injuries sustained by a minor.

Medical payment amendment: Resolutions of claims related to inaccurate or updated enrollment information

November
2017
Illinois Law Update
Page 20
The Department of Healthcare and Family Services ("HFS") adopted a new amendment aimed at resolving claims for Medicaid medical payments related to inaccurate or updated enrollment information (40 Ill. Reg. 15645).

Subsequent appointment of a plenary guardian does not automatically revoke an existing POA for health care

November
2017
Illinois Law Update
Page 20
Absent a written court order explicitly directing a plenary guardian to exercise powers of principal under agency pursuant to the Illinois Power of Attorney Act ("POA Act"), the appointment of a plenary guardian does not automatically revoke an existing POA for health care.

So Your Client Wants to Open an Illinois Cannabis Dispensary?

By Dunstan H. Barnes
October
2017
Article
Page 26
A review of key issues that arise when clients seek to open an Illinois cannabis dispensary, including regulatory requirements, intellectual property protection (patents, trade secrets, and trademarks), and – importantly – attorneys' ethical concerns.

The Department of Public Health expands definitions of health care professional and partner services

May
2017
Illinois Law Update
Page 16
Amendments to the Control of Sexually Transmissible Infections Code add those certified to provide HIV testing and counseling to the definition of health care professional.

New conditions and fee structure added to Medical Cannabis Patient Registry

March
2017
Illinois Law Update
Page 28
The Department of Public Health added more conditions for which patients may use medical cannabis under the Compassionate Use of Medical Cannabis Patient Registry.

Proposed deduction for those who lost their nonprofit cooperative health insurance

February
2017
Illinois Law Update
Page 20
A proposed amendment to the Illinois Income Tax Act would provide deductions to residents who lost coverage because their cooperative ceased doing business in the state.

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.

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