Illinois Bar Journal

 

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Articles on Health Law

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.
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.
Health insurance coverage for mastectomies June 2002 Illinois Law Update, Page 288 On March 25, 2002, the Illinois Department of Insurance (department) issued emergency amendments to section 5421 of the Illinois Administrative Code. 50 Ill Adm Code 5421.
Availability of access to records of psychological treatment further narrowed May 2002 Illinois Law Update, Page 232 On February 22, 2002, the Illinois Supreme Court reversed the judgment of the appellate court in ruling that when a patient and his wife brought a malpractice action against a hospital and doctors, they did not place the patient's mental health at issue.
Mental health services in nursing facilities May 2002 Illinois Law Update, Page 232 On February 15, 2002, the Illinois Department of Public Aid adopted amendments to section 145 of the Illinois Administrative Code. 89 Ill Adm Code 145.
Investigations of maltreatment of individuals in state-operated facilities April 2002 Illinois Law Update, Page 176 On January 1, 2002, the Illinois Department of Human Services (department) adopted emergency amendments to section 50 of the Illinois Administrative Code. 59 Ill Adm Code 50.
Medical assistance for persons with breast or cervical cancer April 2002 Illinois Law Update, Page 176 On December 28, 2001, the Illinois Department of Public Aid (department) adopted new subsections to section 120 of the Illinois Administrative Code. 89 Ill Adm Code 120.
Legislation permits sexual assault nurse examiners to perform examinations of sexual assault victims P.A. 92-514 March 2002 Illinois Law Update, Page 120 Legislation signed by Gov. Ryan in January amends the Sexual Assault Survivors Emergency Treatment Act to authorize sexual assault nurse examiners to perform examinations of sexual assault victims using a State Police Evidence Collection Kit (SPECK).
Water-testing services created February 2002 Illinois Law Update, Page 66 On October 30, 2001, the Department of Nuclear Safety (department) adopted eight new provisions in section 336 of the Illinois Administrative Code. 32 Ill Adm Code 336.
Provisions of Hospital Licensing Act permitting disclosure of patient information within hospital and to hospital’s counsel held constitutional January 2002 Illinois Law Update, Page 14 On October 18, 2001, the Illinois Supreme Court, on direct appeal, reversed the circuit court, holding that the Hospital Licensing Act, 210 ILCS 85/6.17, did not violate the separation of powers doctrine, did not unreasonably violate a patient's right to privacy, and did not constitute impermissible special legislation.
Students with asthma now allowed to self-administer medication at school P.A. 92-402 December 2001 Illinois Law Update, Page 624 Recent legislation gives students with asthma the ability to prevent or control asthma attacks at school.
New medical assistance provisions August 2001 Illinois Law Update, Page 398 On May 11, 2001, the Illinois Department of Public Aid (department) adopted amendments to section 140 of the Illinois Administrative Code. 89 Ill Adm Code 140.
Long-Distance Doctors: The Crossroads of Telemedicine Licensure in Illinois By Erin K. Grunzke July 2001 Article, Page 362 This author, on the other hand, favors state licensure in Illinois over a national approach.
Advanced Practice Nurses and Diagnosis and Prescription: Illinois’ New Legal Landscape By Saul J. Morse and Robert John Kane June 2001 Article, Page 308 A new law grants advanced practice nurses express authority to diagnose illness and prescribe medicine.
Union Docs: The AMA, the HMOs, and Physicians’ Rights to Collectively Bargain By Todd A. Lyon March 2001 Article, Page 138 Can new labor organizations created by the AMA strengthen the hand of doctors and patients in the face of growing HMO power?.
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