Subject Index Health Law

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 & 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.

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