20 Annals Health L. [i] (2011)

handle is hein.journals/anohl20 and id is 1 raw text is: ANNALS OF HEALTH LAW
THE HEALTH POLICY AND LAW REVIEW OF
LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW
VOLUME 20, ISSUE 1                                           WINTER 2011
CONTENTS
Foreword        ..............................................
ARTICLES
Lebron v. Gottlieb Memorial Hospital:
Capping Medical Practice Reform in Illinois... LEONARD NELSON             1
AMANDA SWANSON
MARIANNE BUCKLEY
On February 4, 2010 the Illinois Supreme Court struck down Illinois' medical practice
reform bill, P.A. 94-677, when it decided Lebron v. Gottlieb Memorial Hospital.
Although the court only considered the unconstitutionality of the cap on non-economic
damages contained in that bill, an inseverability provision resulted in the invalidation of
all of its provisions. The end result of the Lebron decision extends much further than
the striking of the cap on non-economic damages. It affects such areas as medical
liability insurance law, physician discipline, public disclosure of information, the
admissibility of physician statements into evidence, and expert witness standards. The
Lebron holding has raised a significant obstacle to the implementation of a wide range
of legislative measures intended to improve both the delivery and quality of healthcare
services in Illinois. This article explains the impact of Lebron in these collateral, but
important, areas of the law.
The Stark Law in Retrospect ............PATRICK A. SUrON               15
Considering the ultimate goals of preventing the over-utilization of medical services and
protecting the Medicare program, are the numerous phases of the Stark Law and their
concomitant regulations effective; or, conversely, has the legislation served to impede
entrepreneurialism among physicians to the detriment of innovations and better
integration in the delivery of medical treatment? This article endeavors to answer the
above question through an analysis of the policy goals behind the legislation; the
evolution of its regulations; its effect on competitiveness in the field of medicine; and the
ethical considerations implicated by the issue of physician self-referral. It further offers
some proposals which attempt to address the problem of physician self-referral abuse
while at the same time reducing the complexity and breadth of the Stark law and its
regulations. The article concludes by noting that to truly change the practice of
inappropriate self-referral as well as the culture of over-utilization, it is necessary not
only to target specific relationships and practices prone to abuse, but to realign the
financial incentives created by our current payment mechanisms as well.
The False Claims Act and the Eroding
Scienter in Healthcare Fraud Litigation .......... RICHARD DOAN          49
This article addresses the federal government's expansive methods in tackling
healthcare fraud, particularly in misapplying the False Claims Act. Although tasked
with the obligation to curtail the fraudulent submission of Medicare & Medicaid claims,
the U.S. government must rein in the current trend to utilize the False Claims Act

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