Illinois Bar Journal

Articles on Health Law

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 & 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?.

The Expanding Scope of HMO Liability in Illinois

By Michelle M. Jochner
February
2001
Article
Page 64
A review of three groundbreaking HMO liability cases that change the landscape of medical malpractice litigation.

The Lawyer’s Journal

By Bonnie C. McGrath
January
2001
Column
Page 10
Standard of review for fee suits; U.S. Supremes just say no to drug-sniffing dogs at checkpoints; employee claims rejected by 7CA; and more.

Emergency Medical Services Systems Act does not provide immunity to city of Chicago when employees engage in willful and wanton misconduct

October
2000
Illinois Law Update
Page 563
On August 10, 2000, the Illinois Supreme Court held that the Emergency Medical Services Systems Act (EMS Act) (210 ILCS 50/1 through 33 (West 1994)) does not provide immunity to city-employed paramedics who engage in wanton and willful misconduct.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2000
Column
Page 434
You still have the right to remain silent; UPL and in-house counsel; and more.

Medical assistance programs

August
2000
Illinois Law Update
Page 438
On May 1, 2000, the Illinois Department of Public Aid adopted amendments and a new section to section 120 of the Illinois Administrative Code. 89 Ill Adm Code 120.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2000
Column
Page 378
Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.

Illinois Adoption Registry and Medical Information Exchange

May
2000
Illinois Law Update
Page 252
On February 25, 2000, the Illinois Department of Public Health adopted emergency amendments and a new section to section 500 of the Illinois Administrative Code. 77 Ill Adm Code 500.

Managed Care Reform and Patient Rights Act

May
2000
Illinois Law Update
Page 252
On February 10, 2000, the Illinois Department of Insurance adopted 15 new subsections to the Illinois Administrative Code. 50 Ill Adm Code 5240.

ADA claim must establish that condition is regarded as a disability

April
2000
Illinois Law Update
Page 196
On February 8, 2000, the seventh circuit court of appeals affirmed the decision of the district court for the Northern District of Illinois to grant summary judgment to the defendants as to plaintiff Krocka's claim under the Americans with Disabilities Act ("ADA").

School Based and School Linked Clinic Programs

March
2000
Illinois Law Update
Page 128
On December 1, 1999, the Illinois State Department of Public Aid adopted amendments to section 140 of the Illinois Administrative Code. 89 Ill Adm Code 140.

FDA pre-market approval of pacemakers did not preempt state law claims against manufacturer

February
2000
Illinois Law Update
Page 68
On December 2, 1999, the Illinois Supreme Court reversed the appellate court and found that FDA pre-market approval of pacemakers was not a federal requirement.

New requirements for hospital licensing

February
2000
Illinois Law Update
Page 68
On November 15, 1999, the Illinois Department of Public Health adopted amendments to section 250 of the Illinois Administrative Code. 77 Ill Adm Code 250.

Group health care plans and patient rights

December
1999
Illinois Law Update
Page 636
On September 27, 1999, the Illinois Department of Insurance adopted emergency rules to section 5420 of the Illinois Administrative Code. 50 Ill Adm Code 5420.

HMOs may be held vicariously liable for negligence of independent contractor physicians

December
1999
Illinois Law Update
Page 636
On September 30, 1999, the Illinois Supreme Court affirmed the appellate court's decision that an HMO may be held vicariously liable, under the doctrines of apparent authority and implied authority, for the negligence of its independent contractor physicians.

Managed Care Reform and Patient Rights Act: Implications for Patients, Providers, and Plans

By Steven F. Banghart, Keith E. Emmons, Daniel H. Melvin, & Mark E. Rust
December
1999
Article
Page 640
The authors review the highlights of this new law, which limits the power of managed care organizations and expands the rights of patients.

The Lawyer’s Journal

By Bonnie McGrath
November
1999
Column
Page 570
Watch out, HMOs.

The Lawyer’s Journal

By Bonnie McGrath
August
1999
Column
Page 402
Breach of fiduciary duty: A new application

Pages

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