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January 2018 Newsletter
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 Illinois Healthcare Law
 IAHA Monthly Newsletter

 January 2018
Sam Siegfried


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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


IAHA Seeking Speaker and Topic Proposals for 
2018 Educational Programs
Deadline for submitting Proposals: March 30, 2018
If you would like to be considered as a presenter or you would like to make a recommendation regarding potential topics and/or speakers, please submit a 2018 Request for Speaker / Topic Proposal
We are seeking presenters for the Annual Health Law Symposium, Quarterly Lectures, and Online Education. You can find the Request for Proposals online

Annual Health Law Symposium - November 7, 2018 
Union League Club, Chicago 
For more than 35 years, the IAHA Annual Health Law Symposium offers Illinois health care attorneys a day long educational program featuring presentations by nationally recognized experts. The Symposium is the premier health law event in Illinois, attracting over 300 attorneys who represent the complete spectrum of health care providers, professionals, life science companies, and government agencies. 

Quarterly Lectures - In Person and Via Webinar 
IAHA Quarterly Lectures provide a high-level detailed exploration of a current health law topic. The 75-minute lectures feature expert speakers with first-hand experience with the topic and often include spirited audience discussion. 

The lectures take place at the offices of Katten Muchin Rosenman or attendees can join via webinar.
  • Thursday, June 14, 2018
  • Thursday, September 6, 2018
  • December 12, 2018
Online Education
New for 2018 IAHA is looking to offer online educational topics via webinar or via pre-recorded on-demand topics on the website. The topics will be longer than 75 minutes. If you have any questions about any of these events, please feel free to contact Kelly Schild.
Member Resources Now Available
Symposium CLE Certificates Now Posted
Find instructions for downloading on the IAHA home page!

20th Annual Health Law Survey is Now Available
Is under the Resources section of the website - you must
log in to access!
 Circuit Court Dismisses Hospital Property Tax Exemption Case  

On January 17, the Cook County Circuit Court dismissed a 2016 lawsuit that attempted to force Illinois hospitals to “pay back” the value of property tax exemptions obtained under Section 15-86 of the Property Tax Code – the landmark 2012 legislation establishing a new test for property tax exemption. The case of Thornmeadow Partners v NorthShore University Health System (No. 16 CH 06268) tried to take advantage of the January 2016, appellate court decision in the Carle case holding Section 15-86 unconstitutional. 

The Thornmeadow plaintiff wanted the court to recognize a plaintiff class of everyone who pays property taxes and a defendant class of all Illinois hospitals with property tax exemptions granted under Section 15-86. The plaintiff wanted the court to order the hospital class to pay the value of all the “improper” exemptions into a fund that would then be distributed to the plaintiff class of taxpayers. The Circuit Court’s decision dismissing the lawsuit is based primarily on the fact that the Supreme Court vacated the Carle appellate court decision and the First District Appellate Court ruled in the Oswald case that Section 15-86 is constitutional.


 Illinois Supreme Court Reverses Appellate Court, Holds that Apparent Agency Does Not Extend to a Hospital for Care Given
an Unrelated, Independently Operated Clinic

By Sam Siegfried, Rush University Medical Center

On December 29, 2017, the Illinois Supreme Court reversed the decision of the appellate court holding that a hospital may be liable under the doctrine of apparent agency for the acts of employees of an independent clinic that is not a party to the litigation, assuming that the plaintiff establishes the elements of apparent authority as set forth in Illinois Supreme Court’s opinion in Gilbert v. Sycamore Municipal Hospital, 156 Ill. 2d 511 (1993). Yarbrough v. Northwestern Memorial Hospital, 2017 IL 121367.

The plaintiffs alleged medical negligence against Northwestern Memorial Hospital (“NMH”) based on the prenatal care the plaintiff received at Erie Family Health Center, Inc. (“Erie”), asserting that Erie was NMH’s actual or apparent agent. The plaintiff first went to Erie for pregnancy testing. After receiving a positive result, Erie healthcare workers advised the plaintiff that she would receive additional testing and delivery at NMH if she chose to obtain prenatal care from Erie, which she did. The plaintiff experienced pregnancy complications in her eighth week and ultimately delivered her daughter prematurely at 26 weeks. The plaintiffs brought a claim against NMH, alleging that her daughter’s premature delivery and accompanying medical issues were caused by Erie providers’ negligent prenatal care, asserting that Erie was NMH’s apparent agent. NMH moved for summary judgement on the grounds that Erie was not NMH’s apparent agent.

The circuit court denied NMH’s motion for summary judgement, and, sua sponte, certified the following question for appeal: “can a hospital be held vicariously liable under the doctrine of apparent agency set forth in Gilbert v. Sycamore Municipal Hospital, 156 Ill. 2d 511 (1993), and its progeny for the acts of the employees of an unrelated, independent clinic that is not a party to the present litigation?”

The Illinois Appellate Court held that a hospital may be liable under the doctrine of apparent agency for the acts of employees of an independent clinic that is not a party to the litigation, assuming that the plaintiff establishes the elements of apparent authority as set forth in Illinois Supreme Court’s Gilbert. NMH then appealed to the Illinois Supreme Court, arguing that Gilbert only applies to treatment at a hospital or a facility owned by the hospital.

In addressing the certified question, the Illinois Supreme Court noted that it had already applied the rationale in Gilbert outside of treatment received in a hospital or a facility owned by a hospital. The court explained that those cases sought to protect a patient who is unaware that the individual providing medical treatment is not an employee or agent of the hospital or HMO from whom treatment is sought. Under such circumstances, the court found a patient should have the right to look to the hospital or HMO in seeking compensation for any negligent care.

In reviewing this case, the court found the circumstances to be distinguishable from prior cases in which Gilbert was extended. Here, the plaintiff sought treatment at Erie but looked to impose liability on NMH, even though Erie was neither owned nor operated by NMH. Erie is a federally-qualified health center with federal employees that does not use the Northwestern name or logo for branding or marketing. Furthermore, the court explained that even though physicians employed by Erie routinely have privileges to practice at NMH, Gilbert does not suggest that merely granting a physician employed by another entity hospital staff privileges alone could create an apparent agency relationship.

Given those facts, the court refused to read Gilbert and its progeny so broadly as to impose vicarious liability under the doctrine of apparent authority on a hospital for the care given by employees of an unrelated, independently owned and operated clinic like Erie. Accordingly, the court reversed the decision of the appellate court and remanded to the circuit court for further proceedings.

Loyola’s Beazley Institute Seeks Transactional Competition Judges
Join us for a fun and rewarding experience, and earn free CLE!

March 23, 2018
8:30 AM - 12:30 PM

(followed by optional Awards Lunch & Championship Round)

On Friday, March 23, 2018 from 8:30 AM-12:30 PM, Loyola’s Beazley Institute for Health Law and Policy will be hosting the annual

The Beazley Institute is seeking attorneys with four or more years of transactional and/or regulatory health law experience to participate as a judge in the competition. Students will be presenting legal and business issues involved in a health care transaction. Judging the competition is a rewarding experience that allows practicing attorneys to help law students learn in an exciting and engaging environment. Complimentary CLE will be awarded for your participation. 

If you cannot attend in person, consider volunteering to judge competition memos! If you are interested in participating, please e-mail
Spotlight on Mentoring

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:

Jenna Milaeger of Goldberg Law Group, LLC (Mentor) and
Angelique Salib of McDermott Will & Emery LLP (Mentee)
1. What is one thing you've learned from your mentor/mentee that you would not have learned from another colleague?

Jenna (Mentor)
By learning about Angelique’s work, I gained insight into the structure of a large firm and how they interact with their clients, delegate responsibilities to associates, and incorporate lawyers from other practice groups into a single case.
Angelique (Mentee)
My mentor works in a unique practice area from my own and hearing about her work has opened different insights into work that I do not normally come across.

2. How has the Mentoring Program impacted your professional goals?

Jenna (Mentor)
Mentoring has piqued my interest in teaching and/or looking for more opportunities to help law students and young lawyers transition to practice. Many law students and young lawyers have no idea how to apply what they learn in law school to a practice setting. I would like to assist more law students/young lawyers in the transition process.
Angelique (Mentee)
I believe that mentoring relationships are very valuable. Learning and receiving advice from a mentor that has been in one’s shoes before helps the mentee navigate their own career. That is not something you can read about. Also, mentoring is a way of building a network which is also key to any career.

3. Has the program met or exceed your expectations? Why or why not?

Jenna (Mentor)
The program has exceeded my expectations. I enjoy sharing my experiences with Angelique, but also learning from her experiences.
Angelique (Mentee)
Yes. My mentor this year has been very supportive in guiding me through career topics we have discussed.
4. What is something you have taken away from the Program that has surprised you?

Jenna (Mentor)
I’ve taken away a greater sense of the importance of professional networking and development.  I’ve also enjoyed learning how lawyers in different practice settings work.  It’s helped me think of ways to add value to how I deliver services to my own clients.

Angelique (Mentee)
This is my second year in the mentoring program. From my past experience, I have been surprised by how small the health law community is in Chicago. Mentor-mentee relationships last not only for the one year of the program, but can form the foundation for a career-long relationship where paths cross down the line.

5. Has the time commitment been manageable? Why or why not?

Jenna (Mentor)
The time commitment has been very manageable.  Angelique and I have been able to schedule meetings via text message with relatively short notice.  If work conflicts arise with scheduled meetings, we have both been flexible in rescheduling meetings.

Angelique (Mentee)
Yes. My mentor and I aim to meet once a month and we find a time that is mutually agreeable.

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December 26, 2017



Pharmacy Practice Act
68 Ill. Adm. Code 1330...............................15130




Community Care Program
89 Ill. Adm. Code 240.................................15233



Health Care Worker Self-Referral
77 Ill. Adm. Code 1235................................15310


December 29, 2017



Optometric Practice of 1987
68 Ill. Adm. Code 1320................................15448


January 5, 2017



Medical Payment

89 Ill. Adm. Code 140.................................27


January 12, 2017



Community Care Program

89 Ill. Adm. Code 240.................................314


January 19, 2017


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