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December 2017 Newsletter
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 Illinois Healthcare Law
 IAHA Monthly Newsletter

 December 2017
Sam Siegfried
Gerry Griffith, partner with Jones Day will serve as IAHA president in 2018.  Gerry has been a member since 2006 and has been very active in the association's work.  Gerry became an IAHA Director in 2014 and chaired the 2017 Symposium committee.   Gerry has also co-chaired the Communications Committee (2014 and 2015) and has been a member of the Symposium Committee (2014) and the Education Committee (2016). 
Gerry Griffith represents clients in health care transactions and tax controversies, focusing on cutting-edge affiliation structures and high-stakes IRS audits for more than 30 years.
Gerry's transactional practice focuses on complex transactions, with an emphasis on joint operating agreements (JOAs), other joint ventures (domestic and international), and acquisitions. He has defended leading hospitals, health systems, and managed care organizations in more than two dozen IRS audits and voluntary disclosures, including walk-in closing agreements. He also has obtained several distinctive, favorable private letter rulings from the IRS, including the first ruling approving a nonprofit hospital joint operating agreement (PLR 9609012), the first hybrid JOA/merger ruling (PLR 199944046), and the first and only ruling on excess benefit transactions with physicians (PLR 201336020). In addition, he has considerable experience in nonprofit governance, structuring academic medical center relationships with faculty practice plans, and restructuring hospital-physician transactions for compliance with the Stark Law and excess benefit transaction rules. He represents some of the premier health care systems in the country, including Henry Ford Health System, Trinity Health, and Dignity Health.
Gerry is a former chair of the Great Lakes Area Tax-Exempt/Government Entities Practitioners Council. He is a past president of the American Health Lawyers Association (AHLA), and he previously served as chair of the Health Care Law Section of the State Bar of Michigan (HCLS). He is a Fellow of both AHLA and HCLS. Gerry currently serves as a member of the advisory board for BNA's Health Law Reporter

Thank you for attending the 35th Annual Health Law Symposium on Thursday, November 2, 2017. We hope you enjoyed the Symposium and found it informative.
Your CLE Certificate of Attendance has been added to your record and can be accessed from your IAHA Member Profile.
Here are the instructions for printing your CLE Certificate:
  • Log in to your IAHA Member Profile.
  • From the My Profile menu in the upper right-hard corner of the screen, click Manage Profile.
    1. Scroll down to Content and Features.
    2. Click on Professional Development.
    3. Click on the Certifications/Programs tab along the top. Make sure the tab turns red.
    4. Find the program title: 2017 35th Annual Health Law Symposium.
    5. Click on the Certificate icon to the left of the program title to print your certificate.
If you have any questions or if you need help with any other CLE matters for this event, please contact Liz Tinley at or 
(630) 433-4516.

20th Annual Health Law Survey is Now Available 

The Survey is now available for download on the IAHA website under Member Resources.
  • The Health Law Survey was first published in 1998 and it was a compilation of IL laws and regulations from 1993-1998.  It was a total of 54 pages.
  • This year's survey is over 100 pages and includes 30 different health care topics. 
The IAHA thanks the Beazley Institute for Health Law and Policy, Loyola University Chicago School of Law students Sarah Gregory, Adrienne Testa, and Hannah Wiens for their work on the 20th Annual Health Law Survey.  A special thanks to Rob Kane from the Illinois State Medical Society who has served as Editor for the Annual Survey for the past 18 years. 

Mark Your Calendars

March 22, 2018 - Quarterly Lecture

 June 14, 2018 - Quarterly Lecture

 September 6, 2018 - Quarterly Lecture

 November 7, 2018 - Annual Health Law Symposium

December 12, 2018 - Quarterly Lecture



Relation Back Doctrine Applies to Certain Claims
Even If Filed After Statute of Repose Period


By Sam Siegfried, Rush University Medical Center

On November 30, 2017, the Illinois Supreme Court affirmed an appellate court ruling that held that the relation back doctrine applied to a wrongful death action filed by the decedent’s daughter and that the claim was not barred by the statute of repose even though it was filed more than four years after the alleged act of negligent treatment. Lawler v. University of Chicago Medical Center, 2017 IL 120745

The decedent filed a two-count complaint in August 2011 alleging medical malpractice against the defendants for care received between 2007 and 2009. Specifically, the decedent alleged that defendants (1) failed to order appropriate diagnostic testing; (2) failed to diagnose macular pathology; and (3) failed to perform appropriate medical evaluation of a 47 year-old patient with macular pathology and no known systemic illness. The decedent died in November 2013. The circuit court granted the plaintiff’s (the decedent’s daughter) leave to file an amended complaint. In April 2014, the plaintiff filed a four-count amended complaint, including two wrongful death claims and two medical malpractice claims.

The defendants filed a motion to dismiss, alleging that plaintiff’s wrongful death claim was barred by the four-year statute of repose for medical malpractice actions because the decedent died more than four years after the last alleged act of negligent medical treatment. The plaintiff responded, arguing that her wrongful death claim was timely because it related back to the original complaint pursuant to section 2-616(b) of the Illinois Code of Civil Procedure. The circuit court agreed with defendants and dismissed the wrongful death claim, holding that the statute of repose was an absolute bar and the relation back doctrine did not apply.

The plaintiff appealed, and the appellate court reversed, holding that the relation back doctrine applied because the original complaint was timely filed and that the wrongful death claim related back to the original complaint. The appellate court relied on the language of the relation back statute, which states that “the cause of action in any amended pleading shall not be barred by lapse of time under an statute or contract prescribing or limiting the time within which an action may be brought or right asserted.” The defendants appealed, contending that the relation back statute didn’t apply where a death occurs more than four years after the alleged negligence, or in the alternative that if the relation back statute applied, the medical malpractice statute of repose should control and preclude the plaintiff’s wrongful death claim

The Supreme Court reviewed the statutes at issue and explained that when a lawsuit is amended to add a new claim, that new claim will be allowed to proceed despite being beyond the statute of repose if two conditions are met: (1) the original lawsuit was timely filed and (2) the amended pleading grows out of the same transaction or occurrence that gave rise to the original lawsuit. The Supreme Court concluded that these two requirements were satisfied with respect to the plaintiff and affirmed the ruling of the appellate court.


Illinois Register

The links to each Illinois Register go to the cover page. 
It is not possible to link to individual pages within the Register. Use the search function
 within the PDF to search for the Register page that you wish to review.


To access the main page to the Illinois Register, click here


November 3, 2017



November 13, 2017



General Administrative Provisions

89 Ill. Adm. Code 101.................................13526

Medical Payment

89 Ill. Adm. Code 140.................................13532




Maternal and Child Health Services Code

77 Ill. Adm. Code 630.................................13633


November 17, 2017



November 27, 2017



Individual Care Grants for Mentally Ill Children (Repealer)

59 Ill. Adm. Code 135.................................14147


December 1, 2017



Skilled Nursing and Intermediate Care Facilities Code

77 Ill. Adm. Code 300.................................14811

Sheltered Care Facilities Code

77 Ill. Adm. Code 330..................................14826


December 8, 2017



Medical Practice Act of 1987

68 Ill. Adm. Code 1285...............................14878




Alcoholism and Substance Abuse Treatment and Intervention Licenses

77 Ill. Adm. Code 2060...............................14878


Long-Term Care Assistants and Aides Training Programs Code

77 Ill. Adm. Code 395................................14912



December 15, 2017



Long-Term Care for Under Age 22 Facilities Code

77 Ill. Adm. Code 390................................15022

Freestanding Emergency Center Code

77 Ill. Adm. Code 518................................15034


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