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.

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Jan 20, 2021

Insurers’ Antitrust Exemption Repealed

Signed into law on Jan. 13, the Competitive Health Insurance Reform Act repeals the McCarran-Ferguson antitrust exemption available to commercial health insurers for anticompetitive conduct.

Jan 08, 2021

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.

Nov 18, 2020

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.

Oct 06, 2020

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.

May 13, 2020

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.

May 06, 2020

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.

May 06, 2020

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.

May 06, 2020

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.

Dec 05, 2019

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.

Nov 06, 2019

IHA Summary: Stark and Anti-Kickback Proposed Regulations

On October 9, 2019, the US Dept. of Health and Human Services proposed significant amendments to the Stark, Anti-Kickback and Civil Monetary Penalty laws.

Mar 13, 2019

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.

May 22, 2017

Cyber Security and Medical Devices

Hospitals depend on manufacturers to protect healthcare devices from software attacks. IHA offers ways to ensure manufacturers update software to correct security gaps in older operating systems.

Jan 19, 2021

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.

Oct 19, 2020

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.

May 06, 2020

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.

Mar 09, 2020

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.

Feb 07, 2020

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.

Mar 15, 2019

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.

Mar 11, 2019

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.

Aug 24, 2018

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.

Jun 28, 2018

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.

Jul 08, 2015

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.

Jun 19, 2020

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.

Dec 16, 2019

City of Chicago Ordinance Requires Nonprofits to Register as Lobbyists

An ordinance passed by the Chicago City Council, effective Jan. 1, 2020, imposes new registration requirements on nonprofit lobbyists.

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.

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.