HHS and CMS Announce New Healthcare Advisory CommitteeBy Sumaya M. NoushHealth Care Law, August 2026On March 26, 2026, the U.S. Department of Health and Human Services and Centers for Medicare & Medicaid Services announced the formation and membership of a new Healthcare Advisory Committee, a federal advisory body tasked with providing recommendations to improve and modernize the U.S. healthcare system.
Illinois Appellate Court Finds Precise Language of Insurance Agreement Requiring Nursing Stay Before Home Health Does Not Violate Illinois RegulationBy Lawrence J. StarkHealth Care Law, August 2026The plaintiffs in Hartnett v. Jackson National Life Insurance sought reversal of an order of summary judgment entered against them by the district court in the 7th Circuit Court of Appeals, which affirmed the decision of the lower court. The decision of the 7th Circuit is noteworthy for two reasons: it highlights just how important the exact language of an insurance policy is in construing the benefits covered, and held that 50 Sec. 2012.70(a)(2) did not apply to the facts of this case.
Opting for In Camera Determinations of Peer Review Privilege for Credentialing Documents Without Supporting Affidavits Is Very RiskyBy Lawrence A. MansonHealth Care Law, August 2026To establish a peer review privilege for documents sought in a malpractice case, Illinois precedent has acknowledged the defendant provider could either submit affidavits attesting to the peer review qualifications of the documents or submit the documents to the trial court for in camera review. In June 2026, an Illinois Appellate Court clarified the parameters of this option and presented the dangers for healthcare providers in relying on in camera inspection.
Illinois Legislature Passes HB 5390 Amending Fair Patient Billing ActBy Sumaya NoushHealth Care Law, June 2026The Illinois General Assembly recently passed HB 5390, a bill that would amend the Illinois Fair Patient Billing Act to establish a uniform financial assistance application process for hospitals and expand certain patient protections relating to hospital financial assistance determinations. The bill has passed both chambers and, if signed by Governor Pritzker, would take effect immediately.
Recent Court Rulings Warrant Review of Health Care HR PoliciesBy Lawrence A. MansonHealth Care Law, June 2026Summaries of three recent cases that may be applicable in the health care law context, including hiring practices and arbitration agreements; compensable work time; and new employee training under the Gender Violence Act.
Court Holds OSHA Standard as Illinois Public Policy in Retaliatory Discharge Claim Against Nursing Home After Complaints of Glove ShortagesBy Lawrence A. MansonElder Law, April 2026In 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.
Does Medical Record Discovery Include Audit Trails?By Lawrence A. MansonElder Law, April 2026A 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.
Court Holds OSHA Standard as Illinois Public Policy in Retaliatory Discharge Claim Against Nursing Home After Complaints of Glove ShortagesBy Lawrence A. MansonHealth Care Law, March 2026In 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 BarBy Lawrence A. MansonHealth Care Law, March 2026The 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. MansonHealth Care Law, March 2026A 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.
Health Care Fraud, Public Corruption in Focus in First Six Months of U.S. Attorney’s Service in Northern District of IllinoisBy Jay Schleppenbach & Nicholas HazenHealth Care Law, March 2026Previously serving as the co-chair of Shook Hardy & Bacon's Government Investigations and White Collar Practice, and as an assistant United States Attorney, U.S. Attorney Andrew Boutros has made it clear that health care fraud, public corruption, and other types of fraud are a top white collar enforcement priority of the United States Attorney's Office for the Northern District of Illinois.
New Illinois Law Requires Hospitals To Adopt and Submit Law Enforcement Interaction PoliciesBy Sumaya M. NoushHealth Care Law, March 2026Illinois hospitals face significant compliance obligations under the recently enacted Illinois Health Care Sanctity and Privacy Law. Effective January 1, 2026, for general acute care hospitals and March 1, 2026, for all other hospitals, the Illinois Department of Public Health is requiring hospitals to develop and formally submit written policies governing interactions with law enforcement, including immigration enforcement personnel.
HIPAA Settlements Continue Emphasis on Risk AnalysisBy Rick L. Hindmand & Emily JohnsonPrivacy and Information Security Law, February 2026Learn more about the recommendations to mitigate or prevent cyber-threats promulgated by the Office for Civil Rights of the U.S. Department of Health and Human Services.
“Lost Time” Ruled Sufficient Harm for Data Breach Claim To ProceedBy Lawrence A. MansonCorporate Law Departments, December 2025Olson 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.
A Bloc of 20 State Attorneys General Highlight Board Certification Barriers in Reproductive and Gender-Affirming CareBy Sumaya M. NoushHealth Care Law, October 2025A coalition of 20 state attorneys general (AGs) submitted formal testimony to the American Medical Association (AMA) on May 22, 2025, urging the AMA to take a stance against the imposition of in-person medical board certification requirements in states that have enacted laws criminalizing reproductive and gender-affirming care. This request reflects growing concern over the intersection of state criminal statutes and interstate professional credentialing obligations. This brief article analyzes the implications of the AGs’ request, the challenges posed by divergent state laws, and the potential role of the AMA and other certifying bodies in safeguarding both providers and patients in a fractured legal environment. As of late August 2025, the question of where and how physicians must take board exams has not yet been resolved nationally.
HIPAA Settlements Continue Emphasis on Risk AnalysisBy Rick L. Hindmand & Emily JohnsonHealth Care Law, October 2025Learn more about the recommendations to mitigate or prevent cyber-threats promulgated by the Office for Civil Rights of the U.S. Department of Health and Human Services.
“Lost Time” Ruled Sufficient Harm for Data Breach Claim To ProceedBy Lawrence A. MansonHealth Care Law, October 2025Olson 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.
Recent Prosecutions, Announcements Show Trump DOJ’s Focus on Curbing Health Care FraudBy Jay SchleppenbachHealth Care Law, October 2025Recent announcements from the United States Department of Justice emphasize health care fraud is a top white collar enforcement priority for the Trump administration. Health care companies and individual providers must take care to ensure they do not come under the government's microscope.
7th Circuit Stops Providers Suing Illinois Medicaid for Untimely MCO PaymentsBy Lawrence A. MansonEmployee Benefits, August 2025The 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 PaymentsBy Lawrence A. MansonHealth Care Law, May 2025The 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 SentenceBy Lawrence A. MansonHealth Care Law, May 2025On 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.
Exemptions to Notary Certification Requirements for RenewalBy Ariana Thao & Lawrence StarkHealth Care Law, May 2025As Health Care attorneys, we routinely draft documents that require notarization, such as powers of attorney for property, deeds, various affidavits, and banking documents. As such, access to a notary and maintaining a notary certification can be crucial. Commencing January 1, 2024, requirements changed to obtain and renew a notary certification. But there are exceptions, which are discussed in this article.
A Foot in Each Canoe Is Getting Harder: Deploying Value-Based Care Models Amid Competing DemandsBy Sumaya M. NoushHealth Care Law, May 2025Despite growing interest in value-based care (VBC), most U.S. hospitals and health systems have not fully transitioned from the traditional fee-for-service (FFS) model due to financial, operational, and competitive challenges. Some progress has been made, especially in primary care and specialties like nephrology, supported by successful CMS pilot programs. However, political shifts, particularly upcoming changes under the Trump Administration, may reshape federal priorities for VBC. While full adoption remains slow, hospitals can take meaningful steps now—like improving data analytics, care coordination, and evidence-based clinical practices—to prepare for and succeed in a value-based future.
Universal Health Care – What Would It Take?By James EngelmanHealth Care Law, May 2025The purpose of the chair's article is to pose considerations to be addressed in any universal health coverage plan, of which the HCAI Act is but one example. These considerations are presented below—generally without solutions, which would depend on the levels of health care expansion sought.
Recent Developments in Health LawBy Lawrence A. MansonHealth Care Law, October 2024Recent developments in nursing homes, medical records, insurance coverage, and liability/malpractice of interest to health care law practitioners.
