Section Newsletters

Articles on Health Care Law

Litigating the suspension of physician clinical privileges: The intersection of The Illinois Medical Studies Act and the rule of “at issue” waiver By John J. D’Attomo & Fatema Zanzi Health Care Law, June 2012 The peer review privilege found in the Illinois Medical Studies Act continues to be a source for debate and litigation. This issue includes both an article addressing specific aspects of that Act, as well as a summary of a recent federal district court opinion dealing with the Act's application.
All the latest developments in health care law By W. Eugene Basanta & Nicholas Schroer Health Care Law, March 2012 A summary of recent cases related to health care law.  
Drug shortages—FDA’s ability to respond should be strengthened Health Care Law, March 2012 As recently reported by NPR, many US hospitals are perilously close to running out of a common cancer drug, methotrexate because a principal supplier of injectable the drug shut down in November after it failed an FDA inspection. Drug shortages in the US have in fact become a major public health concern. A recent report from the Government Accountability Office, summarized in this issue, suggests FDA authority needs to be enhanced to address this problem.
A strategy for dealing with medical providers who refuse to submit their bills to health insurance By Dennis L. Berkbigler Tort Law, February 2012 There are a number of situations where the personal injury client may benefit more by having his or her medical expenses paid by health insurance rather than out of the tort recovery. The following letter, or some variation of it, may be used in an attempt to induce the recalcitrant provider to comply with the demand to submit the client’s bills to his or her health insurance.
1 comment (Most recent February 10, 2012)
All the latest developments in health care law By W. Eugene Basanta & Nicholas Schroer Health Care Law, December 2011 A summary of recent cases related to health care law.
Essential Health Benefits: Balancing coverage and cost Health Care Law, December 2011 As part of recent Patient Protection and Affordable Care Act, Congress has directed that the Department of Health and Human Services (HHS) develop a package of basic essential benefits to be furnished by health insurance plans. The Institute of Medicine (IOM), in October, reported to HHS suggesting criteria to use in developing this package. The IOM report summary is included in this issue.
Specialty healthcare: The NLRB rewrites rules on bargaining units By Michael D. Gifford Labor and Employment Law, December 2011 As a result of the recent decision of Specialty Healthcare and Rehabilitation Center of Mobile, unions will be able to organize a minority share of an employer’s workforce although a majority of workers may not favor the union.
All the latest developments in health care law By W. Eugene Basanta & Nicholas Schroer Health Care Law, September 2011 A summary of recent cases related to health care law.
Covenants not to compete in Illinois—The muddle of the legitimate business interest test By Harold B. Oakley Intellectual Property, September 2011 This article first examines Steam Sales and Reliable. It then addresses what these decisions, which dealt with sales positions wholly unrelated to the health care industry, may nevertheless mean for health care providers in Illinois.
How does a violation of the Nursing Home Care Act affect a facility’s right to recover unpaid amounts? By Laura A. Elkayam & Lawrence J. Stark Health Care Law, September 2011 When a nursing home fails to get a resident’s signature on a written contract, can it still collect its charges? Read what the Illinois courts have said.
Legislative update: From the governor’s office to the law office By Richard W. Zuckerman General Practice, Solo, and Small Firm, September 2011 Recently signed legislation that may have affect general practitioners.
Don’t fear the reaper By Kevin Lovellette & Mary Jane Adkins Government Lawyers, June 2011 As government attorneys, we should have the ability to speak with a Coroner to gather all the information necessary to properly defend or prosecute on behalf of the People.
All the latest developments in health care law By W. Eugene Basanta & Jennifer Wagner Health Care Law, May 2011 A summary of recent cases relating to health care law.
All the latest developments in health care law By W. Eugene Basanta & Jennifer Wagner Health Care Law, December 2010 A summary of recent cases relating to health care law.
Arbitration clauses in nursing home contracts: FAA preempts Illinois state law restrictions By Edward Clancy Health Care Law, December 2010 This article examines the recent decision made by the Illinois Supreme Court involving nursing home arbitration agreements.
Is there a new tax imposed on the sale of real estate under the 2010 Health Care Reconciliation Act? Not directly. By Emily R. Vivian Real Estate Law, December 2010 The Health Care and Education Reconciliation Act of 2010 does not directly impose a new tax on real estate sales. However, for certain individuals, it imposes a new 3.8 percent Medicare tax on “net investment income,” which might result from a real estate sale.
All the latest developments in health care law By W. Eugene Basanta & Jennifer Wagner Health Care Law, September 2010 A summary of recent cases relating to health care law.
Consumer-directed health plans: Health status, spending, and utilization of enrollees in plans based on health reimbursement arrangements Health Care Law, September 2010 A new GAO report examines the impact of consumer-driven health plans on enrollee health status and spending.
The importance of set-offs for un/underinsured arbitrations By James K. Theisen & James F. McCluskey Tort Law, September 2010 Play it safe—always bring the set-off issue to the attention of the arbitrators during the arbitration.
All the latest developments in health care law By W. Eugene Basanta & Jennifer Wagner Health Care Law, June 2010 A summary of several recent Illinois Supreme Court decisions on an array of topics including arbitration provisions in nursing homes, resident contracts, and federal preemption of state law.
The Impact of Health Care Reform in 2010-2011 By Bernard G. Peter Corporate Law Departments, June 2010 A discussion of legislative changes that will affect employers and employer-sponsored group health plans beginning 2010 and 2011.
Tax Court again points out that care must be taken when establishing medical reimbursement plans By Roger A. McEowen Agricultural Law, April 2010 Want to make sure medical expenses are deductible? Pay close attention to recent court cases.
All the latest developments in health care law By W. Eugene Basanta & Jennifer Wagner Health Care Law, March 2010 Summaries of recent Illinois federal and state health law cases, including the Illinois Supreme Court’s decision in the Lebron case rejecting medical malpractice caps.
Oversight of clinical investigators: Action needed to improve timeliness and enhance scope of FDA’s debarment and disqualification processes for Medical Product Investigators Health Care Law, March 2010 A summary of a recent Government Accountability Report regarding federal Food and Drug Administration debarment and disqualification proceedings for clinical investigators who engage in research misconduct.
Recovering the value of “free” caretaking by an adult’s parents By Dennis M. Lynch Tort Law, March 2010 A tortfeasor cannot seek to shirk responsibility for caretaking services because the caretaking was provided by the adult’s parents, and not by some third party.
Tort immunity in medical malpractice cases By Thomas Q. Keefe, III & Thomas Q. Keefe, Jr. Tort Law, February 2010 Public entities and public employees are immune from allegations of failure to diagnose and misdiagnosis, as well as allegations of failure to perform adequate exams (but not for improper treatment after diagnosis).
All the latest developments in health care law By W. Eugene Basanta Health Care Law, September 2009 Recent cases of interest to health care practitioners.
Shortcomings in FDA’s premarket review, postmarket surveillance, and inspections of device manufacturing establishments Health Care Law, September 2009 In 2009, GAO added FDA’s oversight of medical products, including devices, to its list of high-risk areas warranting attention by Congress and the executive branch.
All the latest developments in health care law By W. Eugene Basanta & Brittany Ledbetter Health Care Law, June 2009 Recent cases of interest to health care practitioners.
Medicare: Improvements needed to address improper payments in home health Health Care Law, June 2009 Concerns have been raised that improper payments from practices indicating fraud and abuse may have contributed to Medicare home health spending and utilization.

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