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
- Local
- 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.
PSQIA Case Law Alert: Penman v. Correct Care Solutions
In July 2020, the U.S. District Court for the Western District of Kentucky issued a decision in the case of Penman v. Correct Care Solutions, LLC.
PSQIA Case Law Alert: Florida Health Sciences Centers
In September 2019, a U.S. District Court issued its opinion in the case of Florida Health Sciences Centers, focused heavily on federal law preempting state laws providing less privilege protection.
PSQIA Case Law Alert: Thompson v. Southern Illinois Hospital Services
In July 2020, the U.S. District Court for the Southern District of Illinois issued a decision in the case of Thompson v. Southern Illinois Hospital Services d/b/a Memorial Hospital of Carbondale.
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.
Delineating Providers and Affiliated Providers Under PSQIA
Patient Safety Organizations contract with providers and their affiliates to identify common issues and trends to improve care delivery. IHA's guide delineates a Provider and an Affiliated Provider.
PSQIA Case Law Alert: Hite v. Mary Immaculate Hospital, Inc.
In April 2020, the Circuit Court of Virginia issued its opinion in Hite v. Mary Immaculate Hospital, Inc., on a motion to quash a subpoena requesting Patient Safety Work Product protected by PSQIA.
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.
PSQIA Case Law Alert: Hyams v. CVS Health Corporation
In 2019, the US District Court for the Northern District of California issued its opinion in the case Hyams v. CVS Health Corporation on a disputed discovery request for Patient Safety Work Product.
PSQIA Case Law Alert: Ungurian v. Wilkes-Barre Hospital Company
In April 2020, the Pennsylvania Superior Court issued its opinion in the case of Ungurian v. Wilkes-Barre Hospital Company d/b/a Wilkes-Barre General Hospital.
PSQIA Case Law Alert: Shands Jacksonville Medical Center
In May 2019, Shands Jacksonville Medical Center filed a federal lawsuit against a patient seeking “all adverse medical incident documents” related to her care, including protected information.
PSQIA Case Law Alert: Rumsey v. Guthrie Medical Group
In September 2019, the U.S. District Court for the Middle District of Pennsylvania issued its opinion in the case of Rumsey v. Guthrie Medical Group. The case was heavily focused on the PSQIA.
PSQIA Case Law Alert: Fredericks v. Edward-Elmhurst Health
This was a personal injury case from a visitor to Edward Hospital, who was sitting bedside to a patient in the ER and alleged she was injured when a nurse lowered the patient’s bed onto her foot.
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.
Illinois Patient Visitation Law Amended
A new law amends the Medical Patient Rights Act to require healthcare facilities attempt to allow visitation when possible and when visitation would not endanger patient or staff health or safety.
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.
Medical Records Copy Legislation – House Bill 714
This new law will expand the circumstances that a healthcare facility must provide a patient one complete copy of their medical records free of charge.
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.
Veto HB 3360 and Support Vital Healthcare Providers and Hospitals
Members are encouraged to use an IHA tempate letter to strongly urge Gov. JB Pritzker to veto HB 3360, which would place an even greater financial burden on hospitals during COVID-19.
Case Law Alert: People v. Eubanks
On Dec. 5, 2019, the Illinois Supreme Court issued its opinion in the case of the People v. Eubanks. IHA Staff Counsel provides a case law alert.
PIPA Breach Notification Amendment
Illinois’ Personal Information Protection Act was amended to expand breach notification. Data collectors notifying over 500 residents of a security breach must notify the Illinois Attorney General.
Updated Crime Victim Compensation Program Poster for Hospital EDs
The Office of the Illinois Attorney General, in conjunction with the Secretary of State’s Office, has updated posters notifying patients about the Illinois Crime Victim Compensation Program.
Circuit Court rules in Carle Case; Grants Property Tax Exemption
On Feb. 6, a judge ruled in favor of the Carle Foundation, finding it was entitled to property tax exemptions for four parcels in Urbana for the tax years 2005-2011.
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.
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.
Further Delay: Chicago Requirement on Nonprofits to Register as Lobbyists
The City of Chicago has delayed the implementation of new registration requirements on nonprofit lobbyists until Jan. 1, 2021.
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.