Publications

Articles on Health Law

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.

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.

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