Articles From W. Eugene Basanta

All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha Health Care Law, December 2006 A recent decision from the Seventh Circuit considers a claim under the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. 1395dd.
All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha Health Care Law, September 2006 Relator, a pharmacist employed by the defendants, filed a qui tam suit under the False Claims Act , 31 U.S.C. 3729 et seq. (FCA) alleging that the defendant-pharmacy corporation and its subsidiary had violated the FCA.
All the latest developments in health care law By W. Eugene Basanta, John Castranova, Anne P. Rayhill, & Sameer Vohra Health Care Law, June 2006 On May 24 the Illinois Supreme Court agreed to review several decisions involving health law issues.
All the latest developments in health care law By W. Eugene Basanta Health Care Law, March 2006 The United Supreme Court, in a 6-3 decision issued in January, held that the federal Controlled Substances Act (CSA), 21 U.S.C. 801 et seq. and its implementing regulations, including 21 C.F.R. 1306.4, did not prevent Oregon physicians from providing terminally ill patients with prescriptions for lethal drugs under that state’s Death With Dignity Act (DWDA), Or. Rev. Stat. 127.800 et seq. approved in 1997.
All the latest developments in health care law By W. Eugene Basanta, Anne P. Rayhill, & Sameer Vohra Health Care Law, December 2005 As the competitive nature of the healthcare industry continues to increase, medical professionals are seeking alternative means to improve their patient base including the use of advertising.
All the latest developments in health care law By W. Eugene Basanta, Anne P. Rayhill, & Sameer Vohra Health Care Law, September 2005 Recent cases of interest.
All the latest developments in health care law By W. Eugene Basanta, Matthew J. Ashley, & Anne P. Rayhill Health Care Law, June 2005 On June 6, a majority of the United States Supreme Court held that the federal Controlled Substances Act (CSA), 21 U.S.C. 801 et seq., represents a valid exercise of Congressional power to regulate commerce.
All the latest developments in health care law By W. Eugene Basanta, Matthew J. Ashley, & Steven Ro Health Care Law, March 2005 The Seventh Circuit recently held that federal jurisdiction can exist for an action based on a subrogation provision of a health insurance benefit plan when such a plan was established under the Federal Employees Health Benefits Act (FEHBA), 5 U.S.C. § 8901 et seq. Specifically, the court held that FEHBA's express preemption provision dictates that the terms of a FEHBA plan preempt state law where, as here, such terms are related to benefits and coverage.
All the latest developments in health care law By W. Eugene Basanta & Matthew J. Ashley Health Care Law, December 2004 Recent cases of interest to health care attorneys.
All the latest developments in health care law By W. Eugene Basanta & Matthew J. Ashley Health Care Law, October 2004 In June, the United States Supreme Court decided an important Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., preemption case.
All the latest developments in health care law By W. Eugene Basanta & Nicole Poirier Health Care Law, June 2004 Reversing a district court judgment for plaintiffs, the Seventh Circuit Court of Appeals has held that there is no common law duty to be a Good Samaritan and no implied right of private action under the Illinois Abused and Neglected Child Reporting Act, 325 ILCS 5/1 et seq. In this case, a babysitter providing services to a navy family, abused the child and then brought him to the naval hospital claiming he fell down the stairs.
All the latest developments in health care law By W. Eugene Basanta & Nicole Poirier Health Care Law, March 2004 A recent Illinois federal district court decision addresses issues of access to mental health facilities by the plaintiff, a federally-funded protection and advocacy (P&A) agency.
All the latest developments in health care law By W. Eugene Basanta Health Care Law, December 2003 The United States Supreme Court, in November, agreed to review the decision of the Fifth Circuit Court of Appeals in Roark v. Humana, Inc., 307 F.3d 298 (5th Cir. 2002).
All the latest developments in health care law By W. Eugene Basanta & Nicole Poirier Health Care Law, September 2003 The defendant-dentist was charged by federal law enforcement officials with, among other nonviolent crimes, submitting fraudulent insurance claims in connection with his dental practice
All the latest developments in health care law By W. Eugene Basanta Health Care Law, June 2003 The U.S. Supreme Court has ruled that Maine can begin to implement its controversial prescription drug program, "MaineRx."
All the latest developments in health care law By W. Eugene Basanta, Alisha Logan, & Melanie Pearce Health Care Law, April 2003 The U.S. Supreme Court has upheld the decision of the Seventh Circuit Court of Appeals in an action involving allegations of false reports in connection with federally-funded research at a county hospital.
All the latest developments in health care law By W. Eugene Basanta & Alisha Logan Health Care Law, February 2003 In January, the United States Supreme Court heard oral arguments in several health-care-related cases. One case came to the Court on appeal from the Seventh Circuit and involved a Federal False Claims Act (FCA), 31 U.S.C. '3729 suit brought against Cook County.
All the latest developments in health care law By W. Eugene Basanta & Alisha Logan Health Care Law, November 2002 The Illinois Supreme Court has granted leave to appeal in Brandt v. Sarah Bush Lincoln Health Center, 329 Ill. App. 3d 348, 771 N.E.2d 470 (4th Dist. 2002).
All the latest developments in health care law By W. Eugene Basanta Health Care Law, June 2002 The Illinois Supreme Court has agreed to review the First District Appellate Court's decision in Department of Professional Regulation v. Manos, 326 Ill. App. 3d 698, 761 N.E.2d 208 (1st Dist. 2001).
All the latest developments in health care law By W. Eugene Basanta Health Care Law, May 2002 A federal action was brought by a mental health care professional disciplined by the Illinois Department of Professional Regulation (IDPR) for practicing without a license.
All the latest developments in health care law By W. Eugene Basanta & Jonathan Oliver Health Care Law, December 2001 A recent decision from the Seventh Circuit Court of Appeals considers whether a "silent" or "nondirected PPO" violated §43 of the Lanham Act, 15 U.S.C. §1125(a) as a "false or misleading description of fact" appearing "in commercial advertising or promotion."
All the latest developments in health care law By W. Eugene Basanta Health Care Law, June 2001 An ongoing question in health care law involves the status of nurses with respect to union organization under the National Labors Relation Act. 29 U.S.C
All the latest developments in health care law By W. Eugene Basanta & Jonathan Oliver Health Care Law, April 2001 In an opinion authored by Justice Stevens, the United States Supreme Court has ruled that a drug testing protocol followed by a state hospital constituted an unreasonable search in violation of the Fourth Amendment.
All the latest developments in health care law By W. Eugene Basanta Health Care Law, December 2000 A decision from the Seventh Circuit Court of Appeals concludes that provisions of the Illinois Health Maintenance Organization Act, 215 ILCS 125/4-10 which require health maintenance organizations (HMOs) to provide a mechanism for review by an independent physician when the patient's primary care physician and the HMO disagree about the medical necessity of a particular treatment and further require the HMO to cover the treatment if deemed by the reviewing physician to be necessary, are mandated contract terms and part of the insurance plan, thereby avoiding preemption under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et. seq.
All the latest developments in health care law By W. Eugene Basanta & Michele Miller Health Care Law, September 2000 Justice David Souter, writing for a unanimous Supreme Court, ruled in June that the Seventh Circuit Court of Appeals was wrong when it held that a health maintenance organization (HMO) was acting as a fiduciary when one of its physicians made an adverse treatment decision regarding a patient.
Editor’s note By W. Eugene Basanta Health Care Law, May 2000 One of the most discussed current issues in health care involves so-called "medical error."
All the latest developments in health care law By W. Eugene Basanta Health Care Law, April 2000 On February 29, in a five to four decision, the United States Supreme Court ruled that an Illinois nursing home trade association could not bypass administration review of regulations it objected to and seek immediate judicial review before any enforcement action.
All the latest developments in health care law By W. Eugene Basanta & Matthew R. Booker Health Care Law, December 1999 On September 28, 1999 the U.S. Supreme Court agreed to review the decision of the Seventh Circuit Court of Appeals in Herdrich v. Pegram, 154 F.3rd 362 (7th Cir. 1998).
All the latest developments in health care law By W. Eugene Basanta & Matthew R. Booker Health Care Law, June 1999 In a decision handed down on May 24, the United States Supreme Court has unanimously ruled that the Federal Trade Commission (FTC) has the authority to regulate not-for-profit organizations providing substantial economic benefits to their for-profit members.
All the latest developments in health care law By W. Eugene Basanta Health Care Law, May 1999 The United States Supreme Court has agreed to review the Seventh Circuit's decision in Illinois Council on Long Term Care, Inc. v. Shalala, 143 F.3d 1072 (7th Cir. 1998)

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