Publications

Articles on Health Law

Per-diem rate add-on payments for long-term stay hospitals

August
2014
Illinois Law Update
Page 372
Long-term stay hospitals will have payments for all current claims beginning on November 16, 2013; paid as a per diem rate add-on rather than an annual supplemental payment. 89 Ill. Adm. Code 148 (eff. May 13, 2014).

Reimbursement for nursing costs at geriatric facilities

August
2014
Illinois Law Update
Page 372
Pursuant to Pub. Act 98-104, the Department of Healthcare and Family Services has established a new nursing component reimbursement methodology based on the Resource Utilization Group IV ("RUG") classification scheme. 89 Ill. Adm. Code 147 (eff. May 30, 2014).

Tax Penalties and ‘Dependents’ Under the Affordable Care Act

By Alice E. Keane
August
2014
Article
Page 398
You must buy adequate health insurance for dependents under the Affordable Care Act or pay a penalty. But who is a "dependent"? A broader range of people than you might think.

Revised health care power of attorney awaits governor’s signature

By Janan Hanna
July
2014
LawPulse
Page 314
The new law amends the Illinois HCPOA, with the goal of making it easier for patients to understand and fill out the short form so that more of them will.

Medical Marijuana Comes to Illinois

By Ed Finkel
April
2014
Article
Page 172
What will the Medical Cannabis Act mean for patients? For employers? Others? Prepare to advise clients about what some are calling the most restrictive medical marijuana law in the country.

A more user-friendly statutory POA for health care

By Janan Hanna
April
2014
LawPulse
Page 162
Proposed legislation would revise the HCPOA form to make it easier to understand and help principals better communicate their wishes about end-of-life treatment.

Preserving the Peer Review Privilege in Med-Mal Cases

By Margaret J. Lowery
April
2014
Article
Page 176
Properly performed peer review is not subject to discovery in med-mal litigation. But health care providers sometimes learn the hard way how the privilege can be lost.

The Medical Cannabis Act and Illinois DUI Law

By Larry A. Davis
March
2014
Article
Page 128
The Medical Cannabis Act makes important changes to DUI law, some of which are likely to inspire litigation.

IRS removes tax break for some employer health-care reimbursement schemes

By Janan Hanna
February
2014
LawPulse
Page 62
In years past, employers who don't offer medical plans to employees got a tax advantage for reimbursing some of their medical expenses. The IRS has greatly restricted that tax break.

Permissible uses for medical stretcher vans

February
2014
Illinois Law Update
Page 68
Medical stretcher vans may now provide their services to convalescent or bed-confined individuals who routinely require non-emergency transportation to or from medical appointments and who do not need medical monitoring or clinical observation. 77 Ill. Adm. Code 515 (eff. Nov. 12, 2013).

Amendments to birthing centers regulations

January
2014
Illinois Law Update
Page 16
The Department of Healthcare and Family Services recently adopted amendments that allow birthing centers to receive medical assistance reimbursement. 89 Ill. Adm. Code 146.

Financial incentives for non-Medicare annuitants who opt out of the State Employees Group Health Plan

January
2014
Illinois Law Update
Page 16
The Department of Central Management Services ("CMS") has extended the financial incentives for non-Medicare annuitants who opt out of the State Employees Group Insurance. 80 Ill. Adm. Code 2106.

Non-competes, medical marijuana

January
2014
Column
Page 50
New statutory and case law could affect employers' workplace policies.

Health Care Reform: Lawyers are Employers and Consumers, Too

By Janan Hanna
December
2013
Article
Page 616
What does the Affordable Care Act mean to law firms as employers and lawyers as consumers? Here's a thumbnail sketch.

Presumption of vesting of health benefits under collective bargaining agreement

July
2013
Illinois Law Update
Page 336
On May 2, 2013, the Illinois Appellate Court, Third District, held that a city's decision to reduce retired employees' health benefits promised under a collective bargaining agreement should be analyzed as a matter of contract, subject to a presumption in favor of the vesting of these benefits.

Health care lawyers prep for medical marijuana law

By Adam W. Lasker
June
2013
LawPulse
Page 278
Health care lawyers prepare to counsel doctors, hospitals, and others how not to run afoul of the "Medical Cannabis" bill.

Pharmacy practice now includes vaccinating some children. PA 097-1043

December
2012
Illinois Law Update
Page 632
Section 3 of the Pharmacy Practice Act has been amended to include vaccines for children ages 10 to 13 in the definition of "Practice of Pharmacy." 225 ILCS 85/3.

One optometrist position will be added to the Illinois State Board of Health. PA 097-0810

October
2012
Illinois Law Update
Page 520
Lawmakers have added an additional position to the Illinois State Board of Health.

New Medicaid law will limit estate-planning, other options

By Adam W. Lasker
September
2012
LawPulse
Page 458
The new Medicaid law means tighter regulations, higher costs, and reduced coverage for recipients, a family lawyer observes.

Promotion of breastfeeding is now mandatory in hospitals providing birthing services. PA 097-0713

September
2012
Illinois Law Update
Page 464
Illinois lawmakers have enacted the Hospital Infant Feeding Act, which states that every hospital providing birthing services must implement an infant feeding policy that promotes breastfeeding.

Implementation of Health Care Data Collection and Submission Code

August
2012
Illinois Law Update
Page 404
The Health Care Data Collection and Submission Code (77 Ill. Adm. Code 1010), pursuant to the Health Finance Reform Act (20 ILCS 2215) and sections 2310-33 and 2310-57 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois (20 ILCS 2310-33 and 20 ILCS 2310-57), requires hospitals and ambulatory surgical treatment centers ("ASTC") to periodically submit certain types of medical service and patient data to the Illinois Department of Public Health ("IDPH").

New discounts for uninsured patients. PA 097-0690

August
2012
Illinois Law Update
Page 404
The Fair Patient Billing Act has been amended to expand an uninsured patient's eligibility for discounted medical services (210 ILCS 89/10).

What Lawyers Should Know about the Affordable Care Act

By David C. Szostak
August
2012
Article
Page 418
A summary of key features of the newly upheld Affordable Care Act, the largest and most complex health care legislation in decades.

Changes to the Medical Programs Code

June
2012
Illinois Law Update
Page 292
The Illinois Department of Healthcare and Family Services (“Department”) recently added a new part to codify the procedures for the Department’s Electronic Health Record Provider Incentive Payment program.

Contagion and the Courts

By Hon. Ron Spears
November
2011
Column
Page 588
Health care providers aren't the only ones who have to respond to public health emergencies.

Licensed health care workers now subject to actions concerning sex crimes. PA 097-0156.

September
2011
Illinois Law Update
Page 440
The Department of Professional Regulation Law of the Civil Administrative Code of Illinois has been amended to establish health care worker licensure actions relating to sex crimes (20 ILCS 2105/2105-165 new).

New rules for hospital prevention of patient abuse and neglect, patient injury

June
2011
Illinois Law Update
Page 286
The Department of Public Health recently amended regulations to prevent abuse and neglect of patients in hospitals as well as to establish new policies to prevent patient injury.

Administrative Agencies, Regionalized Perinatal Health Care Code, Public Health

May
2011
Illinois Law Update
Page 228
The Illinois Department of Public Health recently overhauled its rules regarding the Regionalized Perinatal Health Care Code. 77 Ill Adm Code 640.

Health Care Reform: the Constitutional Challenge to the Individual Mandate

By Brian J. McKenna and Nancy K. McKenna
May
2011
Article
Page 246
The individual mandate, which penalizes the failure to buy health insurance, is at the heart of the constitutional challenges to health care reform. Here's a reader-friendly guide to the arguments.

No common fund fee recovery for health care liens

By Helen W. Gunnarsson
May
2011
LawPulse
Page 222

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