Publications

Articles on Health Law

Changes made regarding background checks for workers at Community Living Facilities

March
2007
Illinois Law Update
Page 124
The Department of Health has amended 77 Ill Adm Code 370. The amendment pertains to Community Living Facilities and background checks that workers are given. 

Hospital not liable for off-duty worker’s disclosure of patient info

By Helen W. Gunnarsson
March
2007
LawPulse
Page 118
The Illinois Supreme Court rules that a phlebomist's disclosure at a local tavern of a patient's blood-test results was outside the scope of her employment.

Ambulance rules passed to avoid fraudulent use - PA 094-1063

February
2007
Illinois Law Update
Page 72
In order to prevent the fraudulent ordering of ambulances for non-emergency purposes and to greater explain the effects to those who ordered the ambulances, the Illinois General Assembly has added a new section both to the Nursing Home Care Act, at 210 ILCS 45/2-217, and to the Hospital Licensing Act, at 210 ILCS 85/6.22. 

Increasing umbilical cord blood donations made a public goal - PA 094-0832

October
2006
Illinois Law Update
Page 526
Recently, section 2310-342 was added to the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois to make healthcare providers aware of umbilical cord blood donations. 

African-American HIV/AIDS Response Fund created PA 094-0797

August
2006
Illinois Law Update
Page 404
The Illinois General Assembly amended the African-American HIV/AIDS Response Act (Act) to create a special fund that shall provide grants for "programs to prevent the transmission of HIV and other programs and activities consistent with the purposes of this Act, including, but not limited to, preventing and treating HIV/AIDS, the creation of an HIV/AIDS service delivery system, and the administration of the Act." 

Public Employee Disability Act calls for disbursement of benefits beyond one calendar year

August
2006
Illinois Law Update
Page 404
On June 2, 2006, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of McLean County, construing the time limitation under the Public Employee Disability Act (Act), 5 ILCS 345/1 et seq, to apply to the time the employee is unable to perform, notwithstanding the calendar period of time that has passed since a duty-related injury.

Rate increases provided for developmental care facilities and agencies

August
2006
Illinois Law Update
Page 404
The Illinois Department of Health and Family Services has amended 89 Ill Adm Code 153. The amendment grants rate increases of three percent to "intermediate care facilities for persons with developmental disabilities" (ICF/MRs) and to agencies for developmental training. 

Winning Tax Exemption for Illinois Nonprofit Nursing Facilities: No Easy Task

By Neville M. Bilimoria
August
2006
Article
Page 420
A little-known Illinois Supreme Court case makes it much harder for nonprofit nursing homes to get a property tax exemption.

Changes made to dental examinations to be commensurate with national standards

July
2006
Illinois Law Update
Page 334
Amendments have been made to the required examinations of dentists and hygienists with the intent that these changes will mirror national changes. 

Employers’ liability for employees’ loose tongues

By Helen W. Gunnarsson
July
2006
LawPulse
Page 338
The Illinois Supreme Court will review an appellate court's ruling that a hospital employee has a "continuing off-shift duty" to keep confidential information about patients confidential. 

Medical specialists now eligible to issue handicapped placards

April
2006
Illinois Law Update
Page 174
Effective January 6, 2006, the Secretary of State has broadened the class of persons eligible to issue handicapped placards to include "competent medical specialists." 

Illinois Department of Human Services

January
2006
Illinois Law Update
Page 16
The Department of Human Services amended Part 686 of Title 89, effective october 17, 2005. 

Mercury-Free Vaccine act passed - Pa 09 -061

January
2006
Illinois Law Update
Page 16
Effective January 1, 2006, the Mercury-Free Vaccine Act imposes a more stringent standard of administration for all mercury-containing vaccines.

New taskforce to improve quality and efficiency of patient care Pa 09 -06 6

January
2006
Illinois Law Update
Page 16
On August 22, 2005, the Electronic health records Taskforce Act was passed in an effort to improve the quality of patient care, maximize efficiency, advance safety measures, and decrease healthcare errors.

Standards clarified for termination or denial of HSP services

January
2006
Illinois Law Update
Page 16
In an attempt to clarify those customer actions that cause a customer's home Service Program (hSP) services to be terminated, the Department of Human Services has amended Part 684 of Title 89, 89 Ill Adm Code 684. 

Acts revised for trauma reporting PA094-0671

December
2005
Illinois Law Update
Page 622
The hospital Licensing Act (210 ILCS 85/1 et seq) has been amended to require more rigorous reporting of certain traumas sustained by patients under the age of majority.

Home Health and Hospice drug dispensation and Administration Act passed PA094-0638

December
2005
Illinois Law Update
Page 622
An effort to provide hospice and home health care service providers with more protection, while at the same time making certain medications available to patients.

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.

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