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November 2017 Newsletter
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 Illinois Healthcare Law
 IAHA Monthly Newsletter

 November 2017
Editor:
Sam Siegfried
  
The issue is no longer whether or why a health care organization should conduct an internal audit.  Rather, the issues are when and how to conduct an audit and what to do with the audit results.  At the December 7 Quarterly Lecture, Sanford Teplitzky of Baker Donelson will focus on:
  • When do you audit?
  • How much do you audit?
  • Who decides how much is enough?
  • What is an "overpayment?"
  • How to resolve the tough decisions regarding repayment or voluntary disclosure.
Sanford Teplitzky is a shareholder in the Baltimore office of Baker Donelson.  His practice focuses primarily on fraud and abuse issues. He has extensive experience in the development and implementation of corporate compliance programs; internal reviews and investigations; due diligence reviews for acquiring and acquired entities; voluntary disclosures; and federal and state governmental investigations arising from False Claims Act whistleblower actions.  Prior to entering private practice, Mr. Teplitzky served as an attorney for the Office of the General Counsel of the Department of Health, Education and Welfare, where he provided legal advice to the Health Care Financing Administration on fraud and abuse, reimbursement and other regulatory issues under the Medicare and Medicaid programs. 
 
Speaker: 
Sanford Teplitzky, shareholder in the Baltimore office of Baker Donelson

In Person Location:
Katten Muchin Rosenman LLP 
525 W. Monroe Street 
Chicago, Illinois 60661  

 

Attendance was remarkable - 344 ­­­ attendees - over 28 hospitals and health systems and over 65 firms were represented. In addition, several students from Loyola University Chicago School of Law and several staff from various government agencies were in attendance. The Symposium presentations, faculty bios and attendee list are available on the Resources area of the website. 
Login is required.  

  
Thanks to the many individuals who made this program possible - the outstanding faculty, program committee and sponsors.  A very special thanks to the Program Committee chaired by Gerald Griffith, Jones Day.
Congratulations to the Early Bird Registration Winners
  • $250: Mehreen Sherwani, Loyola University Health System/Trinity Health
  • $150: Patricia Hofstra, Duane Morris
  • $100: Cynthia Alcantara, University of Illinois 

Without the support of the Symposium Sponsors, this event could not have been possible.

Feedback Requested
 
We welcome your feedback on this year's Symposium - our new location, the sessions offered and the lightning rounds.   Your feedback helps us in planning and improving next year's Symposium.  




The Votes Are In - 
Announcing the 2018 IAHA Board

 

OFFICERS:
DIRECTORS:
President:
Gerald Griffith,Jones Day
 
Earl Barnes, Advocate Health Care

President Elect:
Carolyn Metnick, Akerman LLP
 
Neville Bilimoria, Duane Morris LLP

Vice President:
Chris Anderson, Jones Day

Nick Brescia, Walgreen Co.
 
Limo Cherian, K & L Gates,
Secretary:
Lisa Katz, Polsinelli, PC

LLP

Deepali Doddi, Ice Miller LLP
Treasurer:
Megan Rooney, McDermott Will
& Emery
 
Rick Hindmand, McDonald Hopkins
Immediate Past President:
Stacie Phillips, Baxter International

Joan Lebow, Quintairos, Prieto, Wood & Boyer, P.A.

Kathy Roe, The Health
Executive Director:
Mark Deaton, Illinois Health and Hospital Association

Consultancy

Julie Roknich,Presence Health

Thank you to our newly elected Directors - Earl Barnes, Limo Cherian, and Deepali Doddi.   We look forward to their ideas and leadership. 
 
Earl Barnes, General Counsel, Advocate Health Care
Mr. Barnes has been an IAHA member since 1996.  He recently returned to the Chicago area, and is already actively involved with IAHA, serving on the Diversity and Inclusion Committee.
 Mr. Barnes is co-presented at the 2017 Symposium - Healthcare Investing under the Trump Administration.  He was previously active in the Program Committee and the Education Committee (formerly the Quarterly Lecture Committee)
Limo Cherian, Partner, K & L Gates, LLP
Ms. Cherian has been a member of IAHA since 2010. She has been active in the Symposium Committee and has served as a symposium session coordinator.  Ms. Cherian has also served on the Communications Committee (formerly Publications) and also served as a writing contest judge for two years. 
 
Deepali Doddi, Associate, Ice Miller LLP
Ms. Doddi has been a member since 2015.  She is currently serving on the Membership Committee working on the Law School Outreach workstream.  Ms. Doddi has also served on the Communications Committee as a contributor to the HIPAA & Security Toolkit.   
 
Thank you to our outgoing Directors - Jason Greis, Larry Singer, and Lisa Stravinskas.   We thank each of them for their leadership and continued support of IAHA's mission.  
 
Jason Greis, Partner, McGuireWoods
Jason was on the Board 2012-2017.  Jason served as Secretary in 2013, VP in 2014 and was Board President in 2016.  Jason served as Chair/Co-chair of the following committees: Symposium (2015), Communications (2014), Membership (2013 and 2012).
In addition, Jason also served on the Communications (2012); Education (2011 & 2007); Membership (2010 & 2009); and Symposium (2008) committees.
In addition to his committee work, Jason has presented at the Symposium in 2015 and 2017.  Jason has been instrumental in bringing to fruition IAHA projects - creating the Diversity and Inclusion Committee and helping with the selection of the association management company.   Thanks to Jason for his leadership and vision as 2016 President.  
 
Larry Singer, Director, Beazley Institute for Health Law and Policy
Loyola University Chicago School of Law
Larry served on the Board as director 2014 - 2017; he also previously served on the Board from 1993 - 1996.   Larry has been instrumental in promoting IAHA membership to law students as well as reminding the Board that the IAHA needs to consider the new generation of law students as the IAHA moves into the future.   Larry also served as co-chair of the Education Committee in 2014 and served on the Symposium Committee (2014 - 2017), and the Diversity and Inclusion Committee (2016-2017). 
 
Lisa Stravinskas, In-House Legal Services, LLC
Lisa Stravinskas served on the Board as director 2015 - 2017.   She served as co-chair of the Education Committee 2016  & 2017.   Lisa also served on the Communications Committee 2012 - 2014.  


INVITATION - JOIN A 2018 COMMITTEE


WHO:     Available to all Members  (voting, non-voting, and students)
 
WHAT:                   
  • Contribute to the success of IAHA
  • Meet and work with health law colleagues
  • Develop communication and leadership skills
 
WHEN:   Submissions are due Friday, December 1

RSVP:  Complete the Online Submission Form
 
 "The main reason for becoming a committee member is the
 individual's commitment to the cause of the organization." 
(Giving Leadership, Giving Time, Volunteer Now 2015)

 


IAHA's 10th Year of Sponsoring
 Law of Medical Practice in Illinois

 
IAHA celebrates ten years of sponsoring the Law of Medical Practice in Illinois.  In 2007, IAHA and Loyola University School of Law joined the author/ editors Robert John Kane and Lawrence Singer in recruiting a field of exceptional contributors to produce the third edition of the Law of Medical Practice in Illinois. 
 
The author/editors and most of the original contributors were IAHA members.  Thank you to those IAHA members who have contributed to this great resource.    Current contributors who are working yet another edition of the Law of Medical Practice in Illinois are as follow:
 
Thomas J. Babbo, J.D.* Kurt A. Leifheit, J.D.*
Roy M. Bossen, J.D.*
Debbie Broadfield
Margaret J. Lowery, J.D.*
 
Bernadette M. Broccolo, J.D.* Alexander M. Martell
William J. Cadigan, J.D.* John P. Marren, J.D.*
Patrick M. Callahan, MPH, J.D. Erik A. Martin, J.D., LL.M.
Kelley A. Chenhalls, J.D. Ryan D. Meade, J.D.
Roger R. Clayton, J.D.* Joseph T. Monahan, MSW, ACSW, J.D.*
Danielle Costello, J.D. Deanna S. Mool, J.D.
William F. Cunningham, J.D.* Serj Mooradian, J.D.
Mark D. Deaton, J.D.* Stephen T. Moore, J.D.*
James C. Dechene, J.D., Ph.D.* Bob Morgan, J.D.
Andrew DeYoe, J.D., LL.M. Dominic O'Keefe, J.D.
Keith E. Emmons, J.D.* Laura A. Petersen, J.D.*
Stephen Fatum, J.D. Caitlin Podbielski, J.D.
Carol J. Gerner, J.D. * Richard L. Prebil, J.D., M.H.A.
Michael K. Goldberg, J.D.* Mark E. Rust, J.D.*
Jonathan S. Gunn, J.D., M.I.C.T. Karla E. Sanchez, J.D.
Adrienne J. Hersh, J.D.* William P. Schurgin, J.D.
Rick Hindmand, J.D.* Lawrence E. Singer, J.D.*
Nicholas M. Hudalla, J.D.* Fred Allen Smith, III, J.D.*
Diane Gilbert Jacoby, J.D., LL.M.* Amanda A. Sonneborn, J.D.
Kimberly B. Janas, J.D. James J. Stamos, J.D.
Dorothy A. Kane, RN, BSN, MS David J. Tecson, J.D.
Robert John Kane, J.D.* Thomas J. Tomasik, J.D.
Annemarie M. Kelly, J.D., LL.M.
Sarah Kitlinski, J.D.
Joseph Bar Topinka. J.D., MBA, MHA,LLM, FACHE, FHFMA
Joan Lebow, J.D.*
Paul J. Voss, J.D.
 

Past contributors include the following:
 
Jacob Adcock James A. Leventis, J.D., LL.M.
Christopher B. Anderson, J.D.* Erik A. Martin, J.D. LL.M.
Kelly Armstrong, Ph.D. Cherl Miller, J.D.
W. Eugene Basanta, J.D. LL.M.* Zachary Morris, J.D.
Robert A. Bauerschmidt, J.D.* Saul J. Morse, J.D.*
Melissa Beehner, J.D. Sumaya M. Noush
Y. Bu Peter A. Osnes
Caroline Chapman, J.D., M.A.* Amee Patel, J.D.
Thomas P. Conley, J.D.* Gabriel Bankier Plotkin, J.D.
Alex Cooper Mary Pozarycki*
Sherri T. DeVito, J.D.* Murvel Pretorius, Jr., J.D.*
Jonathan C. Eastvold, Ph.D.* Lisa A. Rinehart, R.N., B.SN., J.D.*
Nanette Elster, J.D., MPH* Richard H. Sanders, J.D.*
Stephen Fatum, J.D. Bianca Elise Saviano
Daniel Thomas Fenske, J.D.* Ross D. Silverman, J.D., M.P.H.*
Paul J. Gaynor, J.D.* Michael Sinha
Daniel J. Hindmand Angela D. Sipe*
Norman Jeddeloh, J.D.* Jessica Sippel
Nicole Jobe, J.D. Mark A. Spognardi, J.D.*
Angelique Kane* Elizabeth Lynn Spellman, J.D.*
Brian David Kane Julie Ann Sullivan, J.D.*
Megan M. Kane* Jeffrey M. Teske, J.D.*
Jane Kim, J.D. Paul Douglas Thompson, J.D.*
Elizabeth Larocca, J.D. Amy Young, J.D.*
John A. Lartz, J.D. Miles Zaremski, J.D.*
Theodore R. LeBlang, J.D.*

IAHA appreciates the contribution to Illinois Health law provided by this time honor resource on Illinois Health law.  IAHA will be sponsoring the new addition which will be published next spring in paper, as an e-book and as part of the Westlaw Illinois Practice library.
 
*2007 original contributors.

 

On Mentoring

The IAHA Mentoring Program provides experienced attorneys, attorneys who are newly admitted or are newcomers to the practice of health law, and law students an opportunity to engage and learn from one another. The Program would like to recognize members who have taken advantage of this mentoring opportunity and highlight the value of their experience that they have shared. This month we're pleased to highlight Megan Rooney of McDermott Will & Emery LLP (Mentor) and Jhenell Matthews of the U.S. Department of Health and Human Services, Office for Civil Rights (Mentee)!
 
1. What is one thing you've learned from your mentor/mentee that you would not have learned from another colleague?
Megan (Mentor)
The breadth of health law career opportunities available to new lawyers.
 
Jhenell (Mentee)
Megan helped me to understand many differences between working in the government sector, where I work, verses a large law firm.
 
2. How has the Mentoring Program impacted your professional goals?
Megan (Mentor)
The Mentoring Program has broadened my network, and one of my former mentees is now a colleague! As a mentor, it's a way to familiarize yourself with the very best talent in the market.


Jhenell (Mentee)
The Mentoring Program has greatly impacted my professional goals. As a health law attorney, there are many different career paths I can take. Megan asked me all the right questions to help me think about the big picture and take steps towards my overall goal.

 
3. What is something you have taken away from the Program that has surprised you?
Megan (Mentor)
It's no surprise, but mentoring relationships are mutually beneficial--there is much to be learned by regularly meeting and discussing career goals with another person.
 
 
 

 

 
Jhenell (Mentee)
Something that surprised me was learning that law firms are actively trying to diversify the legal field.I see a diversity statement on most law firms' websites but I didn't know what, if anything, happened behind the scenes. Megan explained what her firm was doing to affect change and the level of seriousness they have towards diversity. I was happily surprised.
 
 

Appellate Court Reverses Dismissal of Wrongful Death Action

 

By Sam Siegfried, Rush University Medical Center

The First District Illinois Appellate Court reversed and remanded a circuit court order dismissing a pro se complaint brought by the plaintiff, a special administrator of the estate of her husband, against defendants Chicago Heart & Vascular Consultants, Ltd., Dr. Antil Ranginani, and Mercy Hospital & Medical Center. Holloway v. Chicago Heart & Vascular Constultants, Ltd. 2017 IL App (1st) 160315

 The plaintiff filed a pro se complaint under the Wrongful Death Act, alleging that the defendants provided negligent medical treatment and follow-up care to her deceased husband, who had suffered a fatal cardiac tamponade allegedly resulting from a perforated superior vena cava that occurred during a venogram procedure. The defendants filed motions to dismiss, arguing that (1) the plaintiff’s pleading was a nullity and void ab initio because the plaintiff could not bring a pro se wrongful death action on behalf of her husband’s estate because such an action is brought in a representative capacity and laypersons cannot initiate pro se legal proceedings on behalf of someone else; and (2) that the plaintiff failed to comply with section 2-622(a) of the Code of Civil Procedure (“Code”), which requires a plaintiff alleging medical malpractice to file an affidavit stating that she obtained a statement from a health professional opining that there is a “reasonable and meritorious cause for the filing of such an action.”

The circuit court granted the defendants’ motions to dismiss and entered judgment in their favor, and upheld its decision up on reconsideration. The plaintiff appealed, arguing (1) that the circuit court erred in granting the motions to dismiss based on its finding that the nullity rule applied to her complaint, and (2) that the court abused its discretion by dismissing the compliant for the plaintiff’s failure to comply with the requirements of 2-622, or alternatively, not allowing the plaintiff to amend the pleadings to comply with the statute.

 To the first issue on appeal, the court explained that the nullity rule is a court-imposed consequence for the unauthorized practice of law, stating that the general rule in Illinois is that legal proceedings in a suit instituted by a person not entitled to practice law are a nullity and is designed to both protect litigants from the mistakes of ignorant individuals and the schemes of unscrupulous and to protect the court itself in the administration of its proceedings from those lacking the requisite skills. The court noted, however, that the Illinois Supreme Court has cautioned that the rule should be invoked “only where it fulfills the purpose of protection the public and the integrity of the court system from actions of the unlicensed, and where no other alternative remedy is possible.” The court then reasoned that the public at large or the integrity of the court system were harmed or put in jeopardy by the plaintiff’s conduct, and instead determined that the plaintiff filed her pro se complaint merely in order to preserve her legal rights and meet the statute of limitations applicable to her claims. The court held that the consequences of application of the nullity rule were warranted under the circumstances of the case.

 Turning to the second issue, the court explained that Illinois courts are encouraged to freely and liberally allow the amendment of pleadings, stating specifically that “medical malpractice plaintiffs in particular are to be afforded every opportunity to establish a case, and amendments to the pleadings are to be liberally allowed to enable the action to be heard on the merits, rather than brought to an end because of procedural technicalities.” The court held that the circuit court abused its discretion in finding a lack of good cause to grant plaintiff an extension of time to comply with the pleading requirements of Section 2-622 of the Code. 

 
 
 
 
 
 
 
 


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

September 29, 2017

PROPOSED RULES

 

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF

Medical Assistance Programs

89 Ill. Adm. Code 120....................................................................11849

 

Specialized Health Care Delivery Systems

89 Ill. Adm. Code 146....................................................................11868

 

ADOPTED RULES

 

HUMAN SERVICES, DEPARTMENT OF

Electronic Prescription Monitoring Program

77 Ill. Adm. Code 2080..................................................................11909

 

October 6, 2017

PROPOSED RULES

 

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF

Long Term Care Reimbursement Changes

89 Ill. Adm. Code 153....................................................................12370

 

ADOPTED RULES

 

FINANCIAL AND PROFESSIONAL REGULATION

Clinical Psychologist Licensing Act (Repealer)

68 Ill. Adm. Code 1400..................................................................12488

Clinical Psychologist Licensing Act (New Part)

68 Ill. Adm. Code 1400...................................................................12490

 

October 13, 2017

PROPOSED RULES

 

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF

Medical Assistance Programs

89 Ill. Adm. Code 120....................................................................12692

 

Medical Payment

89 Ill. Adm. Code 140....................................................................12709

 

October 20, 2017

 

PROPOSED RULES

 

AGING, DEPARTMENT ON

Adult Protection and Advocacy Services

89 Ill. Adm. Code 270....................................................................12932


October 27, 2017 - None

November 3, 2017 - None

November 13, 2017

 PROPOSED RULES

 HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF

General Administrative Provisions 89 Ill. Adm. Code 101...................................13526

Medical Payment 89 Ill. Adm. Code 140........................................................13532

 

November 17, 2017 - None

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