Publications

Articles on Hospitals

Statutory category of surgical treatment centers expanded to include Medicare and Medicaid facilities

November
2014
Illinois Law Update
Page 524
The category of facilities qualifying as "ambulatory surgical treatment centers" has been expanded to include any facility that qualifies under the rules adopted by the Illinois Department of Public Health.

Amendments to birthing centers regulations

January
2014
Illinois Law Update
Page 16
The Department of Healthcare and Family Services recently adopted amendments that allow birthing centers to receive medical assistance reimbursement. 89 Ill. Adm. Code 146.

Medical staff members have the right to a personal attorney regarding staff privilege determinations. PA 097-1006

February
2013
Illinois Law Update
Page 72
Illinois lawmakers have amended the Hospital Licensing Act's required minimum procedures regarding "clinical privilege determinations" for hospitals' current medical staff members. 210 ILCS 85/10.4.

Long-term acute care hospitals are no longer required to provide emergency care. PA 097-0667

May
2012
Illinois Law Update
Page 240
Illinois lawmakers have amended the Emergency Medical Services Systems Act (210 ILCS 50/3.190) and the Hospital Emergency Service Act (210 ILCS 80/1) to make emergency care services optional for long-term acute care hospitals.

Implementation of Emergency Medical Services Act

January
2012
Illinois Law Update
Page 16
The Illinois Emergency Medical Services ("EMS") and Trauma Center Code ("code") were recently revised as authorized by section 210 of the EMS Systems Act ("act") [210 ILCS 50/1].

The common-fund doctrine applies to hospital liens

May
2010
Illinois Law Update
Page 236
On March 4, 2010, the Appellate Court of Illinois, Fifth District, upheld a decision of the Circuit Court of Williamson County finding that the common-fund doctrine applied to hospitals' statutory liens filed pursuant to the Health Care Services Liens Act. 770 ILCS 23/1 et seq.

Provena loses its charitable property tax exemption

By Helen W. Gunnarsson
May
2010
LawPulse
Page 230
A hospital that gives away less than one percent of its annual revenue in free patient care doesn't qualify for a charitable property tax exemption, the Illinois Supreme Court holds.

Illinois provides catastrophic relief payments to hospitals

December
2009
Illinois Law Update
Page 604
Illinois' Department of Healthcare and Family Services amended rules to provide for over $40 million in catastrophic relief payments to hospitals for the 2009 fiscal year. 

New rules set standards for dementia care units

November
2009
Illinois Law Update
Page 552
The Department of Healthcare and Family Services (the department) recently adopted new rules creating a pilot program for Dementia Care Units in Supportive Living Facilities (SLF) across the state. 

New program created to fund capital improvement projects for hospitals. PA 096-0037

September
2009
Illinois Law Update
Page 444
Illinois lawmakers have amended the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois to create, subject to appropriation, a program to award grants to fund capital projects "to improve or renovate [a] hospital's facility or to improve, replace or acquire the hospital's equipment or technology." 

New rules allowing animals in hospitals for therapy programs

November
2008
Illinois Law Update
Page 554
The Department of Public Health made two amendments and added a new section to Part 250, which governs hospital licensing requirements. 77 Ill Adm Code 250.

Easing restrictions on who may order medication and treatment

June
2008
Illinois Law Update
Page 284
Effective March 10, 2008, the Department of Public Health has made two changes to the "Hospital Licensing Requirements" section of its rules. 77 Ill Adm Code 250. 

Sexual Assault Survivors Emergency Treatment Act amended. PA 095-0432

June
2008
Illinois Law Update
Page 284
The Sexual Assault Survivors Emergency Treatment Act, 410 ILCS 70/1a, has been amended. The Act regulates healthcare delivery for sexual assault survivors, and the collection of evidence pursuant to the statewide sexual assault evidence collection program.

Hospital Licensing Act amended to protect religious beliefs.PA 95-0181

April
2008
Illinois Law Update
Page 180
The Hospital Licensing Act has been amended by adding section 6.23. 210 ILCS 85/6.23. 

Task force on health planning reform created. PA 095-0005

August
2007
Illinois Law Update
Page 404
In order to protect essential healthcare facilities and to improve the thoroughness of Illinois health facility planning, the Illinois General Assembly amended the Illinois Health Facilities Planning Act to create the Task Force on Health Planning Reform.

Hospital not liable for off-duty worker’s disclosure of patient info

By Helen W. Gunnarsson
March
2007
LawPulse
Page 118
The Illinois Supreme Court rules that a phlebomist's disclosure at a local tavern of a patient's blood-test results was outside the scope of her employment.

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.

Process for hospitals to receive Medicaid and Medicare payments amended

August
2005
Illinois Law Update
Page 390
The Illinois Department of Public Aid recently amended Part 148 of Title 89 of the Illinois Administrative Code, 89 Ill Adm Code 148.

Uniformity required in reporting patient claims and data - PA 094-0027

August
2005
Illinois Law Update
Page 390
The Illinois Health Finance Reform Act (20 ILCS 2215/4-2) is revised for the Department of Public Health ("Department") to require all hospitals and ambulatory surgical treatment centers licensed to operate in the State of Illinois.

Language assistance services mandated for hospitals and long-term care facilities

April
2005
Illinois Law Update
Page 170
The Illinois Department of Public Health recently adopted 77 Ill Adm Code 940, implementing the requirements of the Language Assistance Services Code. 

Return of the Petrillo doctrine for hospital defendants

By Helen W. Gunnarsson
November
2003
LawPulse
Page 544
Beginning next year, a new law will once again ban ex parte conversations between a hospital's lawyers and a plaintiff's treating physicians.

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.

Hospital review procedures expanded

November
2002
Illinois Law Update
Page 584
On September 3, 2002, the Illinois Department of Public Aid (department) adopted amendments to part 148 of title 89 of the Illinois Administrative Code, dealing with hospital services.

Amendments to hospital reimbursement plan implemented

August
2002
Illinois Law Update
Page 402
On May 28, 2002, the Illinois Department of Public Aid (department) amended rules relating to reimbursement for medical programs and hospital services in section 89 of the Illinois Administrative Code. 89 Ill Adm Code 148.

Emergency amendments aid hospitals

July
2002
Illinois Law Update
Page 344
On April 30, 2002, the Department of Public Aid (department) adopted emergency amendments to section 148 of the Illinois Administrative Code. 89 Ill Adm Code 148.

In absence of additional evidence, a signed consent form indicating plaintiff’s anesthesiologist was an independent contractor was sufficient to show that codefendant hospital did not “hold out” the doctor as its apparent agent

July
2002
Illinois Law Update
Page 344
On April 26, 2002, the Appellate Court of Illinois, Second District, affirmed the decision of the Circuit Court of Kane County in granting codefendant hospital's motion for summary judgment.

Nonprofit hospital and clinic conducted private sector-type operations and were operated privately, and therefore were not immune from suit under the Tort Immunity Act

April
2002
Illinois Law Update
Page 176
On February 7, 2002, the Illinois Supreme Court affirmed the appellate court holding that a nonprofit hospital and nonprofit clinic did not conduct "public business," and therefore, neither one was a "local public entity" under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-206.

County hospital and employees immune from liability for failure to diagnose breast cancer

August
2000
Illinois Law Update
Page 438
On June 15, 2000, the Illinois Supreme Court affirmed the lower court's grant of summary judgment to the defendants under the Local Government and Governmental Employees Tort Immunity Act (the Act) (745 ILCS 10/1-101 et seq. (West 1992)).

A Hospital “Shall” Disclose Blood Alcohol Concentration Test Results to Police; PA 91-125

September
1999
Illinois Law Update
Page 460
If blood or urine tests to determine the presence of alcohol or drugs are ``conducted upon persons receiving medical treatment in a hospital emergency room for injuries resulting from a motor vehicle accident,'' PA 91-125 mandates disclosure of the results to police upon request.

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