Illinois Bar Journal


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Articles on Health Law

Legislature addresses increased incidence of autism PA094-0632 December 2005 Illinois Law Update, Page 622 In response to findings by the Centers for Disease Control and Prevention that diagnoses of autism have risen considerably in Illinois, the general Assembly has promulgated the Autism Spectrum Disorders reporting Act.
New health requirements for indoor physical fitness facilities December 2005 Illinois Law Update, Page 622 Pursuant to the Physical Fitness Facility Medical Emergency Preparedness Act, the Department of Public health has added Part 527 to Title 77 (77 Ill Adm Code 527). 
Revised criteria for Vocational Rehabilitation program eligibility November 2005 Illinois Law Update, Page 564 The Illinois Department of Human Services (Department) has recently amended Part 553 of Title 89. 
Registry of health care professionals to be maintained - PA094-0308 October 2005 Illinois Law Update, Page 506 Beginning on July 22, 2005, the Department of Public Health is required to compile a registry of all active health care professionals. 
Correspondence from Our Readers May 2005 Column, Page 222 Nonprofits' billing practices; bankruptcy lawyers and divorce.
The Health Care Surrogate Act: a physician’s finding must in writing By Helen W. Gunnarsson May 2005 LawPulse, Page 226 The Illinois Supreme Court rules that the Act did not require a hospital to consult a wife before removing a patient from a ventilator because the attending physician had not made a written finding that the patient lacked "decisional capacity."
Visa Waiver Program to include non-primary care physicians May 2005 Illinois Law Update, Page 232 The Department of Public Health has recently adopted amendments to 77 Ill Adm Code 591, effective on February 16, 2005. 
HIPAA and POAs revisited By Helen W. Gunnarsson March 2005 LawPulse, Page 110 Experts still say you shouldn't have to amend your POAs to make them HIPAA compliant, but maybe it's better to be safe than sorry.
Patients Challenge Nonprofit Hospitals’ Charitable-Care Practices By Neville M. Bilimoria March 2005 Article, Page 134 A look at recent cases brought by plaintiffs against hospitals and their charitable-care practices
Hospital and HMO Liability for Contract Physician Malpractice: An Update By Robert J. Napleton February 2005 Article, Page 88 This article offers a trial lawyers' perspective on how the apparent agency doctrine has evolved since Gilbert v Sycamore Municipal Hospital
HIV/AIDS Confidentiality and Testing Code incorporates federal rapid testing guidelines and adopts limited exceptions to confidentiality of test results January 2005 Illinois Law Update, Page 14 The Department of Public Health recently amended the HIV/AIDS Confidentiality and Testing Code under 77 Ill Adm Code 697. 
Illinois adopts asthma prevention and control program P.A. 093-1015 December 2004 Illinois Law Update, Page 620 Effective August 24, 2004, the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois was amended by adding section 2310-338 to provide an asthma prevention and control program. 
Potluck events excluded from regulation by health authorities P.A. 093-1039 December 2004 Illinois Law Update, Page 620 Effective June 1, 2005, no health authority will have regulatory power over potluck food events.
Challenging the Medical Studies Act’s Peer-Review Privilege By Judy L. Cates November 2004 Article, Page 582 A plaintiff's-eye view of this important limit on discovery in med-mal cases.
The Challenge of Representing Mentally Impaired Clients By Helen W. Gunnarsson October 2004 Article, Page 518 You think your client's judgment might be impaired – must you do what he asks? Can you talk to the family? A look at governing law.
Professional Service Corporation licensing is not intended to protect the public health and welfare October 2004 Illinois Law Update, Page 514 On July 8, 2004, the Illinois Second District Appellate Court answered two questions, certified for interlocutory appeal by the Circuit Court of McHenry County, in the negative.
Reporting Child Abuse and Neglect: Good Faith Immunity for Health Care Providers By Theodore R. LeBlang July 2004 Article, Page 356 A look at how recent cases have construed the nature and scope of the immunity.
Are Statutory Health Care POAs HIPAA-Compliant? By Helen W. Gunnarsson June 2004 Article, Page 302 Do your health care POA forms pass HIPAA muster? Read and find out.
Background Checks Required for Euthanasia Technicians P.A. 093-0626 May 2004 Illinois Law Update, Page 242 Effective immediately, each applicant for certification as a euthanasia technician must have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form.
Correspondence from Our Readers December 2003 Column, Page 590 "Incorrect assumptions" about involuntary psychiatric treatment.
Discovery of Medical Information After HIPAA: A Litigator’s Guide By Katherine L. Dzik November 2003 Article, Page 554 HIPAA has changed the rules for obtaining medical information from health care providers. Here's a brief guide, complete with forms.
Involuntary Administration of Psychotropic Drugs: Balancing Safety and Civil Liberties By Anthony E. Rothert October 2003 Article, Page 496 A look at recent cases and trends in this dynamic area of law.
Hospitals potentially liable even if doctor takes the blame By Helen W. Gunnarsson September 2003 LawPulse, Page 430 The supreme court recently affirmed a med-mal plaintiff's right to proceed against a hospital even where the physician falls on his sword.
Hospital Employment of Physicians After Berlin and Carter-Shields By Saul J. Morse and Robert John Kane August 2003 Article, Page 402 Recent developments in Illinois law governing employment of physicians by hospitals and hospital affiliates.
Department of Agriculture prepares to combat West Nile June 2003 Illinois Law Update, Page 280 The Illinois Department of Agriculture, anticipating the renewed threat posed by the West Nile Virus, has amended 8 Ill Adm Code 250.
Nursing home litigation: no certificate of merit required By Helen W. Gunnarsson May 2003 LawPulse, Page 220 In a victory for plaintiffs, the Illinois Supreme Court ruled that litigants need not attach 2-622 certificates of merit to suits against nursing homes under the Nursing Home Care Act.
What HIPAA’s Privacy Regs Mean for Employers and Group Health Plans By Aaron W. Brooks April 2003 Article, Page 192 Guidance for lawyers and their employer clients.
The dentist-patient privilege By Helen W. Gunnarsson February 2003 LawPulse, Page 58 The physician-patient privilege applies to dentists, too, the supreme court rules.
The Supreme Court Endorses the Right to Second Opinions for HMO Participants By Travis J. Ketterman February 2003 Article, Page 66 In Rush Prudential HMO v Moran, the Court rejected an HMO's attempt to void the Illinois HMO Act based on ERISA preemption.
Involuntary administration of psychotropic drugs: Does Illinois need new standards? By Helen W. Gunnarsson January 2003 LawPulse, Page 8 Some experts think Illinois law should be changed to make it easier to involuntarily admit mental patients and force them to take psychotropic drugs if they're unwilling. Others fear the changes would crowd mental-health facilities beyond capacity.