Publications

Articles on Health Law

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.

No psych-record access for “garden variety” employee emotional distress claims

By Helen W. Gunnarsson
February
2008
LawPulse
Page 66
A recent ruling explains when employer-defendants can and cannot get access to employee-plaintiffs' medical and psychological records when employees sue for emotional distress cause by illegal discrimination.

Forensic Psychiatry Fellowship Training Act Created. PA 095-0022.

January
2008
Illinois Law Update
Page 16
A new program has been created at the University of Illinois at Chicago and Southern Illinois University to “expand their focus on enrolling, training, and graduating forensic mental health professionals.” 

Nursing Home Care Act amended. PA 095-0031

January
2008
Illinois Law Update
Page 16
The Nursing Home Care Act has been amended to include minimum standards adopted by the Department of Public Health for the operation of nursing homes. 210 ILCS 45/3-202.

Licensing of physicians tied to maintenance of profiles

December
2007
Illinois Law Update
Page 632
The Department of Financial and Professional Regulation, which regulates the licensing of physicians, has created rules to implement the Medical Practice Act of 1987, 225 ILCS 60 et seq, which required that the department make publicly available profiles of all physicians licensed in Illinois. 68 Ill Adm Code 1285. 

Mandated cystic fibrosis testing for all infants born in Illinois

December
2007
Illinois Law Update
Page 632
The Newborn Metabolic Screening and Treatment Code now mandates that all infants born in Illinois be tested for cystic fibrosis. 77 Ill Adm Code 661. 

AIDS Confidentiality Act amended. PA 095-0007

November
2007
Illinois Law Update
Page 576
The Illinois General Assembly has changed the AIDS Confidentiality Act concerning informed consent for HIV testing and anonymous access to test results.

State-wide smoking ban passed. PA 095-0017

September
2007
Illinois Law Update
Page 460
The Illinois General Assembly has passed the Smoke Free Illinois Act (Act), in order to protect Illinois citizens from the secondhand effects of tobacco smoke, "a harmful and dangerous carcinogen to human beings and a hazard to public health."

Bill would make involuntary commitment easier

By Helen W. Gunnarsson
August
2007
LawPulse
Page 398
But critics of the legislation say lack of resources, not a too-high commitment standard, is the problem with Illinois' mental health system.

An Overview of the Illinois Department of Financial and Professional Regulation

By Michael V. Favia and Marlene E. Siedlarz
August
2007
Article
Page 428
Attorneys representing doctors, dentists, and other licensees before the IDFPR need to know the agency's policies and procedures. Here's a primer.

Qualified physician must be present until medical discharge

August
2007
Illinois Law Update
Page 404
Sub-section 205.320 of 77 Ill Adm Code 205, titled "Ambulatory Surgical Treatment Center Licensing Requirements," has been amended, effective May 7, 2007. 

Task force on health planning reform created. PA 095-0005

August
2007
Illinois Law Update
Page 404
In order to protect essential healthcare facilities and to improve the thoroughness of Illinois health facility planning, the Illinois General Assembly amended the Illinois Health Facilities Planning Act to create the Task Force on Health Planning Reform.

Insurers’ Claims for Reimbursement from PI Recovery: Recent ERISA Rulings

By James T. Nyeste
May
2007
Article
Page 244
Healthcare plan reimbursement has been a contentious issue. The Supreme Court's Sereboff ruling answered some questions, but others remain. 

Pilot program for lifelong learning accounts established for health-care workers -PA 094-1006

May
2007
Illinois Law Update
Page 236
Last summer, the Illinois General Assembly added Section 605-430 to the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code. 20 ILCS 605/605-430. 

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