Illinois Bar Journal

Articles on Health Law

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
Cover Story
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 & 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.

Employment agreement between physician and unlicensed not-for-profit corporation violates prohibition against corporate practice of medicine

December
2002
Illinois Law Update
Page 634
On September 19, 2002, the Illinois Supreme Court held that a physician's employment agreement her employer violated the prohibition against the corporate practice of medicine and was void and unenforceable.

Civil monetary penalty against nursing home proper when supported by substantial evidence that Medicare regulations were violated

October
2002
Illinois Law Update
Page 512
On August 15, 2002, the United States Court of Appeals for the Seventh Circuit concluded that a civil monetary penalty assessed to the plaintiff by the Department of Health and Human Services for violations of Medicare regulations was proper.

The Physician as Good Samaritan: Evolving Legal Protections Under Illinois Law

By Theodore R. LeBlang
October
2002
Article
Page 522
A review of the statutory and case law shielding physicians who provide medical care in emergencies.

The Legal Landscape for Advanced-Practice Nurses: The Nurses’ Perspective

By Leatrice E. Schmidt
September
2002
Article
Page 485
This article responds to an earlier Journal article on the Advanced Practice Nursing Act.

Contending with HIPAA Privacy Standards in Illinois

By Neville M. Bilimoria
August
2002
Article
Page 414
This article reconciles the strictures of the Health Insurance Portability and Accountability Act with Illinois privacy law.

Law authorizes Health Maintenance Organizations (HMOs) to offer point-of-service (POS) benefits P. A. 92-0135

August
2002
Illinois Law Update
Page 402
Gov. George H. Ryan signed into law House Bill 1040 on July 24, 2001, which amended Illinois' Health Maintenance Organization Act.

Behavior treatment in residential child care facilities

June
2002
Illinois Law Update
Page 288
On March 15, 2002, the Illinois Department of Children and Family Services (department) adopted amendments to section 384 of the Illinois Administrative Code. 89 Ill Adm Code 384.

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