“Lost Time” Ruled Sufficient Harm for Data Breach Claim To Proceed
By Lawrence A. Manson
Corporate Law Departments,
December 2025
Olson v. Ferrara Candy Company, a June 25 Illinois appellate court ruling, while not in a health care context, expands data breach concerns and signals a need for health care organizations to review cybersecurity systems and consider enhancements.
“Lost Time” Ruled Sufficient Harm for Data Breach Claim To Proceed
By Lawrence A. Manson
Health Care Law,
October 2025
Olson v. Ferrara Candy Company, a June 25 Illinois appellate court ruling, while not in a health care context, expands data breach concerns and signals a need for health care organizations to review cybersecurity systems and consider enhancements.
7th Circuit Stops Providers Suing Illinois Medicaid for Untimely MCO Payments
By Lawrence A. Manson
Employee Benefits,
August 2025
The Seventh Circuit ruled that Illinois health care providers cannot sue the state under § 1983 to enforce timely Medicaid payments from managed care organizations. This decision may worsen delayed payments, threaten provider participation, and reduce access to care—especially for smaller hospitals like Saint Anthony, which brought the case. The dissent warned of serious risks to the Medicaid system and patients.
7th Circuit Stops Providers Suing Illinois Medicaid for Untimely MCO Payments
By Lawrence A. Manson
Health Care Law,
May 2025
The Seventh Circuit ruled that Illinois health care providers cannot sue the state under §1983 to enforce timely Medicaid payments from managed care organizations. This decision may worsen delayed payments, threaten provider participation, and reduce access to care—especially for smaller hospitals like Saint Anthony, which brought the case. The dissent warned of serious risks to the Medicaid system and patients.
DME Marketing Scheme Is Not Criminal, Rules 7th Circuit, Overturning 42-Month Prison Sentence
By Lawrence A. Manson
Health Care Law,
May 2025
On April 14, 2025, the Seventh Circuit Court of Appeals overturned the conviction of Sorenson, the owner of a medical equipment company, for allegedly violating the federal Anti-Kickback Statute. The Court found insufficient evidence that payments made in a marketing scheme constituted illegal referrals under the statute, emphasizing that the physicians involved made independent decisions and were not significantly influenced. The ruling critiques the government's broad interpretation of the statute and highlights the legal uncertainty surrounding what constitutes a referral. The decision underscores the need for clearer standards in Anti-Kickback prosecutions, especially given the high bar for overturning convictions.
Recent Developments in Health Law
By Lawrence A. Manson
Health Care Law,
October 2024
Recent developments in nursing homes, medical records, insurance coverage, and liability/malpractice of interest to health care law practitioners.
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