Illinois Bar Journal

Subject Index Health Law

Sweeping reforms implemented to address racial disparities in health care services

August
2021
Illinois Law Update
, Page 18
The Illinois General Assembly enacted Public Act 102-0004, spearheaded by the Illinois Legislative Black Caucus. The legislation focuses on correcting a system of injustice and racism in the Black community that has contributed to higher rates of medical problems among African Americans.

Parties may seek to reestablish previously discontinued general acute care hospitals in select circumstances

July
2021
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Illinois Health Facilities Planning Act by adding a new section titled “Re-establishing discontinued general acute care hospital.”

Amendment to the Illinois Public Aid Code provides for Medicaid Long-Term Care Provisional Eligibility

February
2019
Illinois Law Update
, Page 14
The Illinois Public Aid Code has been amended by changing section 11-5.4 ("Expedited long-term care eligibility determination and enrollment").

The Malpractice Maze: Bringing a Healing-Arts Malpractice Suit and the Requirements of Section 2-622

By Christopher Michels
February
2019
Article
, Page 32
When bringing a healing-arts malpractice claim in Illinois, who should bring the suit, what statutes are helpful, and what damages can be sought? What does section 2-622 require?

Fertility treatments must be covered by Illinois insurers in cases of iatrogenic infertility

January
2019
Illinois Law Update
, Page 16
An amendment to the Illinois Insurance Code expands the fertility obligations of health insurers with enrollees who are facing iatrogenic infertility.

Medicaid-managed clinics to report data electronically

January
2019
Illinois Law Update
, Page 16
Following a change to the Illinois Public Aid Code, Medicaid-managed care organizations must now submit all regular reports required, either by contract or statute, electronically. Ad hoc reports may be collected in alternative manners.

Medical cannabis may be prescribed instead of opioids

January
2019
Illinois Law Update
, Page 16
With the passage of the Alternatives to Opioids Act of 2018, Illinois has expanded the group of patients eligible for the existing medical cannabis program: Those who would have otherwise been prescribed opioids.

Opioid prescribers required to complete controlled substance continuing education hours

November
2018
Illinois Law Update
, Page 18
The Illinois Controlled Substances Act is amended to mandate a Controlled Substance-Continuing Education requirement for opioid prescribers.

Psychiatric treatments may now be given over patient objections

October
2018
Illinois Law Update
, Page 18
The Mental Health and Developmental Disabilities Code was amended to strengthen the powers of attorney for health care and declarations for mental health treatment.

Network Adequacy and Transparency Act amended to limit its applicability and remove fines

September
2018
Illinois Law Update
, Page 16
The amendatory act restricts the Network Adequacy and Transparency Act ("the Act") from applying to an individual or group policy for dental or vision insurance or to a limited health service organization with a network plan amended, delivered, issued, or renewed in Illinois on or after Jan. 1, 2019.

New standards in evaluating the conduct of opioid-prescribing physicians

September
2018
Illinois Law Update
, Page 16
Doctors prescribing opioids in Illinois will now be evaluated against the professionalism conduct standards outlined by a national medical board.

Amendments allow Department of Healthcare and Family Services to recoup improper payments

July
2018
Illinois Law Update
, Page 16
To help protect federal healthcare revenue, the Department of Healthcare and Family Services (HFS) is now better equipped to recoup inappropriate payments.

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).

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