Section Newsletters

Articles From Lawrence A. Manson

Court Holds OSHA Standard as Illinois Public Policy in Retaliatory Discharge Claim Against Nursing Home After Complaints of Glove Shortages By Lawrence A. Manson Health Care Law, March 2026 In December 2025, the Illinois appellate court considered whether a formerly employed registered nurse could sue his former nursing home employer for retaliatory discharge after his complaints about the facility not maintaining an adequate supply of sterile gloves for staff. The appellate court found that the amended complaint did sufficiently plead the public policy element of a retaliatory discharge claim.
Court Says the Illinois Emergency Medical Services Systems Act Sets a High Bar By Lawrence A. Manson Health Care Law, March 2026 The Illinois Emergency Medical Services Systems Act limits the liability of health care workers and others regarding the transport and care in both emergency and non-emergency situations. In late 2025, an Illinois appellate court considered what an injured patient must allege to overcome the limitations of the EMS Systems Act when injured during the transfer from a hospital to a nursing and rehabilitation facility.
Does Medical Record Discovery Include Audit Trails? By Lawrence A. Manson Health Care Law, March 2026 A First District Appellate Court case, Burnette v. Nockels, 2025 IL App (1st) 240485, explores a potential conflict between federal HIPAA law and Illinois discovery rules concerning the audit trail of medical records.
“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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