Publications

Articles on Health Law

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

Amendments to regulations governing barbershops and related entities

April
2011
Illinois Law Update
Page 180
The Department of Financial and Professional Regulation recently adopted amendments adding more stringent sanitary, safety and compliance standards for barbershops and other related entities including cosmetology centers.

Gifts of income subject to Medicaid asset transfer policies

March
2011
Illinois Law Update
Page 124
On December 28, 2010, the Appellate Court of Illinois, Fourth District, reversed a decision of the Circuit Court of Sangamon County, finding that "gifts of income" are subject to the asset transfer policies of the federal Medicaid statute (see 42 USC § 1396p (2006)).

Hospital licensing compliance requirements amended

February
2011
Illinois Law Update
Page 72
The Illinois Department of Public Health recently amended licensing requirements for Illinois hospitals. 77 Ill Adm Code 250.

Navigating the Illinois Nursing Home Care Act

By Catherine D. Battista
February
2011
Article
Page 92
This how-to for practitioners filing claims under the NHCA shows how they are often easier to bring than traditional medical malpractice or healing arts claims.

Illinois implements changes to Nurse Practice Act

December
2010
Illinois Law Update
Page 616
The Department of Financial and Professional Regulation recently amended section 1300 of the Nurse Practice Act, which lays out many of the regulations governing Advanced Practice Nurses (APNs), Registered Nurses (RNs), and Licensed Practical Nurses (LPNs). 68 Ill Adm Code 1300 et seq.

New requirements for students’ self-administration of asthma medication or epinephrine. PA 096-1460

November
2010
Illinois Law Update
Page 564
The School Code has been amended to revise the authorization requirements for students' self-administration of asthma medication or epinephrine auto-injectors in schools. 105 ILCS 5/22-30.

Are you ready for health care reform?

By Helen W. Gunnarsson
October
2010
LawPulse
Page 502

Requirements for training, use of anesthesia in dental procedures strengthened

August
2010
Illinois Law Update
Page 400
The Department of Financial and Professional Regulation recently amended regulations that create enforcement mechanisms for several sections of the Illinois Dental Practice Act, 225 ILCS 25/1 et seq.

Legal Immunities for Local Governments in Public Health Emergencies

By Christina Marie Webb
June
2010
Article
Page 314
A brief review of immunities available to local governments, governmental employees, and volunteers if they're sued for conduct arising from public health emergencies.

A chiropractor is a “physician” under Illinois Supreme Court Rule 204(c)

May
2010
Illinois Law Update
Page 236
On February 25, 2010, the Appellate Court of Illinois, First District, affirmed in part and vacated in part the decision of the Circuit Court of Cook County, which ruled that an hourly fee of $66.95 for a deposition was reasonable for a chiropractor and entered a contempt order against the chiropractor for refusing to comply with the court's discovery order.

Court okays $20 handling fee for medical records

By Helen W. Gunnarsson
May
2010
LawPulse
Page 230
In a class action lawsuit, the Illinois Supreme Court has held that it is reasonable per se for a provider of medical record copies to charge the full amount of the statutory $20 fee pursuant to Article XX, Part 8 of the Code of Civil Procedure. The case is Solon v Midwest Medical Records Association, Inc, No 107719, 2010 WL 966395 (Ill Sup Ct).

Three-year pilot program focuses on the societal reintegration of persons with physical disabilities or mental illness. PA 096-0810

April
2010
Illinois Law Update
Page 180
Amendments to the Disabilities Services Act have charged the Department of Human Services with creating a new pilot program designed to show the reintegration possibilities of persons with disabilities who need short-term placement in nursing facilities.

Illinois modifies rules pertaining to the electronic prescription monitoring program

March
2010
Illinois Law Update
Page 128
The Illinois Department of Human Services (the department) recently amended the state's currently existing electronic prescription monitoring program (the program).  

Collateral estoppel does not apply to release of mental health records if prior action related to relevance of records, but not possible violations stemming from release of those records.

January
2010
Illinois Law Update
Page 16
On October 23, 2009, the Illinois Appellate Court, Fifth District, affirmed in part and reversed in part the decision of the Circuit Court of St. Clair County to grant defendant's motion to dismiss a complaint relating to the release of mental health records in a divorce proceeding. 

Do-not-resuscitate requirements reformed. PA 096-0765

December
2009
Illinois Law Update
Page 604
Illinois lawmakers amended the Health Care Surrogate Act, changing the requirements for a do-not-resuscitate (DNr) order. 755 ILCS 40/65.  

Registered nurses allowed to administer anesthesia

December
2009
Illinois Law Update
Page 604
The Illinois Department of Public Health modified the rules concerning the licensing requirements for ambulatory surgical treatment centers.  

Illinois adopts rules implementing loan repayment assistance program for physicians

November
2009
Illinois Law Update
Page 552
The Illinois Department of Public Health (the department) recently created new rules implementing the Loan Repayment Assistance for Physicians Act, which establishes an educational loan repayment assistance program for physicians who practice in Illinois. 

New rules set standards for dementia care units

November
2009
Illinois Law Update
Page 552
The Department of Healthcare and Family Services (the department) recently adopted new rules creating a pilot program for Dementia Care Units in Supportive Living Facilities (SLF) across the state. 

GINA prevents discrimination based on genetic information

By Helen W. Gunnarsson
September
2009
LawPulse
Page 438

The right to argue whether a claim is subject to arbitration is waived if the party does not object in a timely manner

September
2009
Illinois Law Update
Page 444
On July 6, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County, confirming the arbitration award for the defendant and dismissing the plaintiff's motion to vacate the award.

Illinois updates medical prescription prescribing protocol

August
2009
Illinois Law Update
Page 392
The Illinois Department of Healthcare and Family Services has updated the rules regulating the dispensing of prescription drugs by physicians, dentists, and podiatrists.

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