2025 Articles

7th Circuit Stops Providers Suing Illinois Medicaid for Untimely MCO Payments By Lawrence A. Manson 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.

A Bloc of 20 State Attorneys General Highlight Board Certification Barriers in Reproductive and Gender-Affirming Care By Sumaya M. Noush October 2025 A 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.

DME Marketing Scheme Is Not Criminal, Rules 7th Circuit, Overturning 42-Month Prison Sentence By Lawrence A. Manson 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.

Exemptions to Notary Certification Requirements for Renewal By Ariana Thao & Lawrence Stark May 2025 As 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 Demands By Sumaya M. Noush May 2025 Despite 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.

Frequently Asked Questions and Suggested Best Practices Related to Generative Artificial Intelligence in the Legal Profession By Carolyn Elefant October 2025 AI in the practice of law is becoming unavoidable--familiarize yourself with obligations that may arise with usage of AI in your practice, including copyright, plagiarism, disclosure, privacy and confidentiality, duty to supervise, and legal ethics.

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HIPAA Settlements Continue Emphasis on Risk Analysis By Rick L. Hindmand & Emily Johnson October 2025 Learn 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.

ISBA 2025 Solo and Small Firm Conference Photos October 2025 The Illinois State Bar Association hosted the 2025 Solo and Small Firm Conference: The Innovative Lawyer: Smart Strategies for Small Firms in the Age of AI on September 25–26 at the Embassy Suites in Naperville, IL.

LAWPAC Needs You! May 2025 The Illinois Lawyers’ Political Action Committee (LAWPAC) needs your help to fulfill its mission to support the legislative goals of the ISBA and Illinois’ legal community.

“Lost Time” Ruled Sufficient Harm for Data Breach Claim To Proceed By Lawrence A. Manson 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.

New Lawsuit Highlights Concerns About AI Notetakers: 7 Steps Businesses Should Take By Danielle M. Kays October 2025 Learn more about the 7 steps your business can take to avoid legal and compliance risks that may come with the usage of AI notetaker programs and apps.

Recent Prosecutions, Announcements Show Trump DOJ’s Focus on Curbing Health Care Fraud By Jay Schleppenbach October 2025 Recent 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.

Universal Health Care – What Would It Take? By James Engelman May 2025 The 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.

Health Care Law

2025 Articles