Legal Issues
Policies can have legal implications for hospitals and health systems. IHA offers resources to assist general counsel, attorneys and other hospital staff on compliance with specific policies.
- Federal
- State
- Resources
Blue Cross Blue Shield Antitrust Settlement
Illinois hospitals have 90 days after approval of the Blue Cross Blue Shield antitrust settlement to opt-out and pursue their own settlement amount.
EMTALA Signage Requirements
The Emergency Medical Treatment and Active Labor Act requires hospitals to post a sign with the rights of individuals examined and treated for emergency medical conditions and for women in labor.
EMTALA and Patient Non-Discrimination – Reminder of Legal Requirements and Guidance
This Nov. 18 memo covers EMTALA requirements and guidance issued on patient non-discrimination in medical treatment during the COVID-19 pandemic.
Consent by Minors to Medical Treatment
Anyone who is younger than 18 can consent for medical treatment based on his or her legal status or the type of medical care he or she is seeking. See IHA's fact sheet on consent exceptions.
Consent by Minors Infographic
IHA's infographic on Consent by Minors to Medical Treatment provides a visual reference on the Illinois law pertaining to minors' legal status and exceptions under the law.
In re Julie M. Decision Reached By Illinois Supreme Court
On Dec. 16, 2021, the Illinois Supreme Court issued a decision in the case of In re. Julie M., addressing emergency admission by certification under Article VI of the Mental Health Code.
Quality Improvement Privileges for Illinois Hospitals
In Illinois, two statutes protect hospitals’ quality improvement work: the Illinois Medical Studies Act and the federal Patient Safety and Quality Improvement Act of 2005.
Mental Health Forms
The Illinois Mental Health and Developmental Disabilities Code identifies the individuals who can sign forms for mental health services. Read more to learn about these requirements.
Supporting the Patient Safety and Quality Improvement Act
Illinois hospitals can now rely on a recent Illinois appellate court opinion that supports the PSQIA privilege. IHA filed an amicus brief differentiating the PSQIA and the Medical Studies Act.
Consent by Minors to Medical Treatment
Anyone who is younger than 18 can consent for medical treatment based on his or her legal status or the type of medical care they are seeking. See IHA's fact sheet and infographic for more information.
IHA COVID-19 Legal Resources
There are substantial and complex legal questions and concerns posed by COVID-19 in Illinois and nationally. View federal, state, local, issue-specific and other legal resources compiled by IHA.
Emergency Medical Treatment and Active Labor Act
The Emergency Medical Treatment and Active Labor Act (“EMTALA”) was designed to prevent hospitals from transferring uninsured or Medicaid patients to public hospitals without, at a minimum, providing a medical screening examination. See IHA's summary of the Act.
Hospital Patient and Visitor Signs and Notices
Hospitals must meet state and federal laws and regulations on posting signs and providing notices to patients and visitors. See the following summaries of these requirements.
Law Protections Under the Patient Safety Act and Illinois Medical Studies Act
View IHA’s presentation on basic law protections for healthcare organizations under the Patient Safety Act and Illinois Medical Studies Act
IHA Record Management Reference 2013 Edition
This electronic publication provides valuable information to assist your organization in developing a record retention management program.
Political Campaign Activity by Tax-Exempt Hospital
These legal guidelines prepared by IHA's Legal Department and reviewed by the law firm of Perkins Coie LLP provide a basic understanding of Internal Revenue Code restrictions on the political activities of tax-exempt organizations.
Illinois Supreme and Appellate Court Opinions
This website contains Illinois Supreme Court opinions filed since May 23, 1996, and Appellate Court opinions filed since September 1, 1996.
Illinois Association of Healthcare Attorneys (IAHA)
IAHA serves the informational and educational needs of attorneys representing the healthcare industry, from hospitals and physicians to medical device and pharmaceutical manufacturers. Become a member.