Illinois Bar Journal


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Articles on Health Law

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.
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.