Section Newsletter Articles on Health Care Law

All the latest developments in health care law By W. Eugene Basanta, Elizabeth LaRocca, and Ashley Lindsley Health Care Law, December 2017 Recent cases, legislation and regulations of interest to health care law practitioners.
Prescription opioids—Medicare needs to expand oversight efforts to reduce the risk of harm Health Care Law, December 2017 The over-prescription and misuse of highly addictive opioid pain medications has become a matter of intense national concern. In 2016, Medicare spending for opioids was almost $4.1 billion. In November, the Government Accountability Office (GAO) released a report examining Medicare’s oversight with respect to opioid use and prescription. A summary of this report is presented in this issue.
All the latest developments in health care law By W. Eugene Basanta, Elizabeth LaRocca, and Ashley Lindsley Health Care Law, September 2017 Recent cases, legislation and regulations of interest to health care law practitioners.
Attorney General Sessions Announces Opioid Fraud and Abuse Detection Unit Health Care Law, September 2017 A summary of a press release from the U.S. Department of Justice regarding the formation of an Opioid Fraud and Abuse Detection Unit
Hospital value-based purchasing—CMS should take steps to ensure lower quality hospitals do not qualify for bonuses Health Care Law, September 2017 As the health care system moves away from the traditional fee-for-service payment model, new payment schemes have emerged. One such Medicare payment method involves Hospital Value-based Purchasing (HVBP). This issue of the Health Care Lawyer includes a summary of a recent Government Accountability Office (GAO) study of HVBP.
All the latest developments in health care law By W. Eugene Basanta, Ashley Lindsley, and Chelbie A. Mitchell Health Care Law, June 2017 Recent cases, legislation and regulations of interest to health care law practitioners.
2017 offers hope and change for Health Savings Accounts By Jessica Bejerea Health Care Law, March 2017 A look at the renewed interest in Health Savings Accounts as Congress begins to debate the future of the Affordable Care Act.
All the latest developments in health care law By W. Eugene Basanta, Elizabeth LaRocca, and Chelbie A. Mitchell Health Care Law, March 2017 Recent cases, legislation and regulations of interest to health care law practitioners.
Health care quality: HHS should set priorities and comprehensively plan its efforts to better align health quality measures Employee Benefits, March 2017 In addition to discussing recent health law court decisions, this issue of the Health Care Lawyer includes the summary of a recent Government Accountability Office report HHS Should Set Priorities and Comprehensively Plan Its Efforts to Better Align Health Quality Measures which looks at the problems caused to providers by the use of multiple, differing quality measures.
All the latest developments in health care law By W. Eugene Basanta and Chelbie A. Mitchell Health Care Law, December 2016 Recent cases of interest to health care law practitioners.
Health care quality: HHS should set priorities and comprehensively plan its efforts to better align health quality measures Health Care Law, December 2016 In addition to discussing recent health law court decisions, this issue of the Health Care Lawyer includes the summary of a recent Government Accountability Office report HHS Should Set Priorities and Comprehensively Plan Its Efforts to Better Align Health Quality Measures which looks at the problems caused to providers by the use of multiple, differing quality measures.
All the latest developments in health care law By W. Eugene Basanta and Chelbie A. Mitchell Health Care Law, September 2016 Recent cases of interest to health care law practitioners.
Protecting your clients’ healthcare licenses after a medical malpractice case: Your failure to watch out for their licenses could cost you yours By Michael V. Favia Health Care Law, September 2016 When a health care professional faces a malpractice suit there can be a variety of collateral consequences. This includes the possibility of licensure investigation and potential sanctions. In this issue of the Health Care Lawyer, an article by Health Care Section Council member Michael Favia, "Protecting Your Clients’ Healthcare Licenses After a Medical Malpractice Case: Your Failure to Watch Out for Their Licenses Could Cost You Yours" offers helpful guidance for attorneys facing such a situation.
All the latest developments in health care law By W. Eugene Basanta and Chelbie A. Mitchell Health Care Law, June 2016 Recent cases of interest to health care law practitioners.
All the latest developments in health care law By W. Eugene Basanta and Chelbie A. Mitchell Health Care Law, March 2016 Recent cases of interest to health care law practitioners.
Meeting the needs of health care clients in liability litigation—What defense counsel needs to remember By James Adamson Health Care Law, March 2016 Jim Adamson begins his article by observing that “The most important element to remember about the attorney-client relationship is that the attorney is serving the needs of the client.” This useful article is designed to help new health care lawyers as they enter this area of practice with helpful insights about how to provide clients with high-quality professional representation.
All the latest developments in health care law By W. Eugene Basanta and Chelbie A. Mitchell Health Care Law, December 2015 Recent cases of interest to health care law practitioners.
Individual accountability for corporate wrongdoing Health Care Law, December 2015 In addition to summaries of recent health law cases, this issue features a reprint of the “Yates Memo.” On September 9, 2015, Deputy U.S. Attorney General Sally Quillian Yates issued a memorandum addressed to assistant U.S. attorneys that signals a change in the approach the federal government will be taking to corporate investigations and prosecutions. Health care attorneys likely should be familiar with this memo.
Pharmacist dispensing error…Is a 622 affidavit required? By Nick Kujawa General Practice, Solo, and Small Firm, November 2015 A dispensing error case can be pled as ordinary negligence and should survive a motion to dismiss as there is no requirement for a 622 affidavit.
All the latest developments in health care law By W. Eugene Basanta and Chelbie A. Mitchell Health Care Law, September 2015 Recent cases of interest to Health Care Law practitioners.
Healthcare privacy criss-crossing with cognitive computing By Alex Tarnow Legal Technology, Standing Committee on, September 2015 While the progress in health IT is fantastic, there are a plethora of privacy concerns.
Outside investment in health care: A very attractive hot potato By Thomas B. Shapira and Louis S. Harrison Health Care Law, September 2015 The June issue of the Health Care Lawyer included an article by Lawrence Stark, “Professional Services Corporations and Medical Corporations in Illinois—A Brief Primer.” That article discussed some of the drafting and other legal requirements to form a professional service corporation under Illinois law. In this issue, an article by Thomas B. Shapira and Louis S. Harrison, “Outside Investment in Health Care: A Very Attractive Hot Potato,” addresses some particular issues in organizing health care providers in Illinois, including the “corporate practice of medicine” doctrine.
Think asbestos bankruptcy trusts equals easy money? Think again! By Martin J. Mengarelli Tort Law, August 2015 To maximize a claim against a bankruptcy trust, it must be worked up like any other defendant in a personal injury suit.
All the latest developments in health care law By W. Eugene Basanta, Shannon Fruth, and Shane Swords Health Care Law, June 2015 Recent cases of interest to Health Care Law practitioners.
Professional services corporations and medical corporations in Illinois—A brief primer By Lawrence J. Stark Health Care Law, June 2015 For Illinois physicians and other health care professionals who want to incorporate, a basic understanding of the relevant statutes and regulations is critical. This issue of the Health Care Lawyer provides a useful primer on this topic. And, look for an article in an upcoming issue discussing the "corporate practice doctrine" in Illinois
All the latest developments in health care law By W. Eugene Basanta, Shannon Fruth, and Shane Swords Health Care Law, December 2014 Summaries of recent cases related to health care law.
Health care transparency—Actions needed to improve cost and quality information for consumers Health Care Law, December 2014 A major trend in the evolving health care world is greater participation by consumers in choosing where and from whom they get their care. To do so, consumers must have more access to quality and cost information in order to make informed decisions. A recent Government Accountability Office report, "Health Care Transparency—Actions Needed To Improve Cost and Quality Information for Consumers," looks at the need for “transparency” in this context.
All the latest developments in health care law By W. Eugene Basanta and Shane Swords Health Care Law, September 2014 Summaries of recent cases related to health care law.
All the latest developments in health care law By W. Eugene Basanta and Shane Swords Health Care Law, June 2014 Summaries of recent cases related to health care law.
The Supreme Court’s impending decision in the contraceptive mandate cases: Will it go the way of the Seventh Circuit? By Valerie J. Munson Health Care Law, June 2014 The Affordable Care Act’s contraceptive mandate, and its application to secular corporations with strong religious orientations, has been the subject of multiple and conflicting decisions from the lower federal courts. On March 24, 2014, the U.S. Supreme Court heard oral argument in two cases in which secular corporations have sought exemption from the contraceptive mandate on free exercise grounds. This article examines the arguments advanced before the Court and suggests how the cases may be resolved.