The Invaluable Health Care Services Lien Ensure Providers Get Paid

Health care services liens can be a valuable asset when it comes to protecting your accounts receivable from your patients’ other judgment creditors. Health care services liens have always been a feature of the law in this state, but under the Illinois Health Care Services Lien Act, the process by which liens attach (become enforceable) and perfect (establish priority over other creditors) was streamlined.1 It also incorporated in the definition of “health care professional” a number of license categories, including osteopathic, chiropractic and medical physicians, as well as other licensed providers, and discarded the patchwork of laws surrounding the process of setting up liens, which varied depending on the nature of the provider.

Under the law passed in 2003, health care liens attach “to any verdict, judgment, award, settlement, or compromise secured by or on behalf of the injured person.”2 A typical example of this may occur when a patient seeks chiropractic care as the result of a spinal injury stemming from an auto accident. The patient is treated over the course of several months but cannot afford to pay because of protracted litigation surrounding the accident. As treating doctors, chiropractors want to help their patients get better as quickly as possible. However, bills cannot go unpaid at a practice. How do you, as a provider, ensure you are paid out of the eventual settlement or jury verdict?

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Robinson, Michael D., The Invaluable Health Care Services Lien: Ensure Providers Get Paid, Illinois Chiropractic Society Journal, (Jun. 2016)

Zika Virus Outbreak Will Likely Spread To The Continental United States: Will We Be Ready For It?

This spring, the media is full of stories about outbreaks of Zika virus throughout the world. The current outbreak began in Brazil last year, but just this week, a case of Zika infection was discovered in fetal tissue in Puerto Rico. The U.S. Centers for Disease Control and Prevention (“CDC”) confirmed the widespread outbreak of Zika to the island this past Friday. The CDC confirmed 925 total infections in Puerto Rico to date. Zika virus infections can cause severe birth defects in unborn fetuses.

In part to stop the spread of the virus, the U.S. Food and Drug Administration (“FDA”) recently published two separate guidance documents covering human blood donations at blood banks (dated February 2016) and human tissue donations at human tissue manufacturers (dated March 2016). Human tissues regulated by the FDA include skin, bone, reproductive tissues, corneas, ligaments, and others. Please note, FDA guidance documents are non-binding on the blood banking or human tissue manufacturing industries, but they are most often followed by industry as they generally reflect the FDA’s current thinking. Regulated industry generally, and wisely so, follows FDA guidance documents to demonstrate general compliance with all applicable regulations that carry the weight of law.

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Robinson, Michael D., Zika Virus Outbreak Will Likely Spread to the Continental United States: Will We be Ready for It?, DePaul College of Law: Mary and Michael Jaharis Health Law Institute: E-Pulse Newsletter (Jun. 2016), http://law.depaul.edu/about/centers-and-institutes/health-law-institute/newsletter/Pages/zika-virus-outbreak-spread-to-united-states.aspx.

Universal Healthcare Coverage Around the Globe: Time to Bring it to the United States?

Published in Journal of Healthcare Finance

Abstract:

When it comes to providing healthcare services to its citizenry, the United States lags behind other first-world nations. The U.S. is ranked 43rd in life expectancy when compared against all the other countries of the world. Our diets and lifestyles play a significant role in our health as a nation, but our healthcare system also plays a major part. Unlike other first-world nations, the U.S. does not have a universal healthcare system that pays for and provides access to healthcare for its citizens. Instead, we have a patch-work of private insurers and federally-funded singlepayers all competing in the same market. This paper examines national healthcare systems around the world, addresses how U.S. healthcare providers are currently coping with the present situation, and then offers up a solution for our healthcare access and cost problems.

 

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Toxicogenomics and Expert Witnesses in Toxic Tort Cases: A Practical Approach: A Chapter Published in: Mold: Medical & Legal Elements by Dr. Ernest P. Chiodo

Fall 2015
Published in Mold: Medical and Legal Elements, Dr. Ernest P. Chiodo
 

Chapter Abstract:

Lawyers in toxic torts litigation have a difficult burden in establishing each of the elements of a prima facie case for negligence. In such cases, it is not enough to simply go through the elements of negligence learned in law school. Particular attention must be paid to the elements of causation, and both general and specific causation need to be established. An expert witness trained and experienced in the field of toxicogenomics can help a skilled litigator successfully accomplish the client’s goals in a toxic torts case.

Toxicogenomics shows, through scientific study, what types of environmental stimuli can cause certain diseases and adverse results in a person. The field also studies the measure of exposure in specific cases involving disease. Each of these two facets of toxicogenomics can be leveraged in establishing both general and specific causation in a toxic torts case. This paper examines advances in toxicogenomics as a scientific field of study and also discusses the practical implications of the field for a lawyer in the context of a toxic torts case. An analysis of the role of the expert witness in the toxic torts case was also undertaken. This paper will demonstrate that toxicogenomics can be used by the skilled litigator to increase the likelihood of victory for the client in a toxic torts case.

 

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