Subject Index Health Law

Are you ready for health care reform?

By Helen W. Gunnarsson
October
2010
LawPulse
, Page 502
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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.

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.

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