Publications

Illinois Bar Journal

 

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Articles on Health Law

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 Employers and insurers beware: effective November 21, a new federal statute forbids discrimination on the basis of genetic information.
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.
Changes made to the rules implementing the Medical Practice Act of 1987 regarding the use of lasers June 2009 Illinois Law Update, Page 284 The Department of Financial and Profes-Regulation altered the rules implement- sional ing the Medical Practice Act of 1987, 225 ILCS 60, by adding a section addressing the use of lasers. 68 Ill Adm Code 1285. 
Rules implementing the Illinois Community Care Program revised June 2009 Illinois Law Update, Page 284 Illinois' Department on Aging amended the state's Community Care Program (CCP) to provide for higher quality standards for providers, increase required worker competencies, and improve general oversight by the department. 89 Ill Adm Code 240.  
Department of Human Services Act amended. PA 095-0998 March 2009 Illinois Law Update, Page 122 The Illinois General Assembly has amended the Department of Human Services Act by adding and deleting language in Section 10-10, and adding Section 10-60. 20 ILCS 1305/10-10, 10-60.
Food pantries required to register with local public health departments. PA 095-0828 January 2009 Illinois Law Update, Page 16 Illinois lawmakers amended the Food Handling Regulation Enforcement Act by adding Section 3.2 dealing with "food banks." 410 ILCS 625/3.2. 
Good Samaritan Act amended. PA 095-0874 January 2009 Illinois Law Update, Page 16 The Good Samaritan Act has been amended by adding Section 30.5 titled "Alternative free medical clinic without physical premises patient notification practice." 745 ILCS 49/30.5.
Subpoena for medical records January 2009 Illinois Law Update, Page 16 On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).
Wrongful Death Act does not allow a cause of action for loss of a non-implanted IVF embryo January 2009 Illinois Law Update, Page 16 On October 24, 2008, the Illinois Appellate Court, First District, answered in the negative a question about the Illinois Wrongful Death Act certified by the Circuit Court of Cook County on interlocutory appeal.
Order-of-protection laws amended to prohibit access to health records. PA 095-0912 November 2008 Illinois Law Update, Page 554 The Illinois General Assembly amended Section 602.1 of the Illinois Marriage and Dissolution of Marriage Act and Section 222 of the Illinois Domestic Violence Act to prohibit health care providers from releasing a child's health care records to any respondent listed in an order of protection. 750 ILCS 5/602.1, 750 ILCS 60/222.
Perinatal HIV Prevention Act amended. PA 095-0702 August 2008 Illinois Law Update, Page 390 The Illinois General Assembly amended sections 10 and 15 of the Perinatal HIV Prevention Act. 410 ILCS 335/10 & 15.
Easing restrictions on who may order medication and treatment June 2008 Illinois Law Update, Page 284 Effective March 10, 2008, the Department of Public Health has made two changes to the "Hospital Licensing Requirements" section of its rules. 77 Ill Adm Code 250. 
General Assembly enacts the Diabetes Initiative Act. PA 095-0419 June 2008 Illinois Law Update, Page 284 The General Assembly has enacted the Diabetes Initiative Act, Section 5 of which states that the Department of Human Services "shall develop a strategic plan to slow the rate of diabetes as a result of obesity and other environmental factors by the year 2010."
The Mental Health and Developmental Disabilities Administrative Act is amended. PA 095-0427 June 2008 Illinois Law Update, Page 284 Sections 4.3 and 70 of the Mental Heath and Developmental Disabilities Administrative Act have been amended by the General Assembly. 20 ILCS 1705/4.3 and 70. Subsection (b) of Section 4.3, concerning "Site visits and inspections," has been changed by adding language providing that the Department of Human Services will establish a system of "regular and ongoing" on-site inspections "that shall occur at least annually." 
Out-of-state psychologists allowed to practice in Illinois. PA 95-0451 June 2008 Illinois Law Update, Page 284 The Clinical Psychologist Licensing Act has been amended by adding Section 11.5. 225 ILCS 15/11.5. 
Rules protect people whose insurance carriers fail to provide proof of coverage June 2008 Illinois Law Update, Page 284 The Department has modified their rules governing insurance in Part 2025, titled "Illinois Health Insurance Portability and Accountability Standards." 50 Ill Adm Code 2025.
Sexual Assault Survivors Emergency Treatment Act amended. PA 095-0432 June 2008 Illinois Law Update, Page 284 The Sexual Assault Survivors Emergency Treatment Act, 410 ILCS 70/1a, has been amended. The Act regulates healthcare delivery for sexual assault survivors, and the collection of evidence pursuant to the statewide sexual assault evidence collection program.
Stem Cell Research and Human Cloning Prohibition act Passed - PA 095-0519 May 2008 Illinois Law Update, Page 236 The Stem Cell Research and Human Cloning Prohibition Act has been enacted. 410 ILCS 110/1 et seq.
Mental Health and Developmental Disabilities Code amended. 095-0602 April 2008 Illinois Law Update, Page 180 The Mental Health and Developmental Disabilities Code, 405 ILCS 5/1-100 et seq, has been amended to add a new section defining "Dangerous conduct," and by changing other existing definitions concerning a person's awareness of the need for treatment.