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2026 Articles

2025 Joint Midyear Meeting Photos March 2026 The Illinois State Bar Association and the Illinois Judges Association proudly co-hosted the 2025 Joint Midyear Meeting on December 11–12 at the JW Marriott Chicago, bringing members of the legal community together for two days of connection and collaboration.
2026 Annual Meeting Photos August 2026 ISBA members and guests gathered at the Ritz-Carlton in St. Louis on June 11–12, 2026, for the Annual Meeting, which featured outstanding CLE programming, networking, and business meetings. Thank you to everyone who attended and helped make the Annual Meeting a success!
7th Circuit Dismisses Suit by SNF Patients Against Illinois Medicaid for Not Reimbursing SNFs Due to Medicaid Program Errors and Hyper-Technical Denials of Patient Eligibility August 2026 Denials of payments for patient “eligibility” reasons and delayed payments have caused two recent court challenges on behalf of Medicaid beneficiaries and providers. Both cases have resulted in defeats for these Medicaid beneficiaries and providers in the Court of Appeals for the 7th Circuit.
Become an Illinois Bar Foundation Champion By Jessica R. Durkin March 2026 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?
Court Holds OSHA Standard as Illinois Public Policy in Retaliatory Discharge Claim Against Nursing Home After Complaints of Glove Shortages By Lawrence A. Manson 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 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 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.
Generative Artificial Intelligence in Illinois Civil Litigation: A Practical Guide for Practitioners and the Bench in Collections, Commercial Law & Bankruptcy Practice By Hon. Michael J. Chmiel August 2026 The courtrooms and law offices of Illinois are changing. Generative artificial intelligence—technology that can draft documents, synthesize case law, analyze financial records, and predict outcomes—is no longer a distant promise from a technology conference. It is here, it is being used by opposing counsel, and whether you have deliberately adopted it or not, it is already reshaping the competitive landscape of civil litigation.
Health Care Fraud, Public Corruption in Focus in First Six Months of U.S. Attorney’s Service in Northern District of Illinois By Jay Schleppenbach & Nicholas Hazen March 2026 Previously 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. 
HHS and CMS Announce New Healthcare Advisory Committee By Sumaya M. Noush August 2026 On 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 Regulation By Lawrence J. Stark August 2026 The 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.
Illinois Legislature Passes HB 5390 Amending Fair Patient Billing Act By Sumaya Noush June 2026 The 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.
Member Appreciation & Recognition Reception Highlights June 2026 On May 14, 2026, ISBA members and colleagues gathered at the beautiful Morton Arboretum in Lisle to celebrate the 2025–26 ISBA Award Recipients, connect with fellow legal professionals, and enjoy an evening of meaningful conversation and camaraderie.
New Illinois Law Requires Hospitals To Adopt and Submit Law Enforcement Interaction Policies By Sumaya M. Noush March 2026 Illinois 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.
Opting for In Camera Determinations of Peer Review Privilege for Credentialing Documents Without Supporting Affidavits Is Very Risky By Lawrence A. Manson August 2026 To 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.
Recent Court Rulings Warrant Review of Health Care HR Policies By Lawrence A. Manson June 2026 Summaries 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.