Heyl Royster

 

Practices

HEALTHCARE

In healthcare today, the one constant is change - from technology and procedures to regulations and governmental scrutiny. That's why having a powerful legal team that stays ahead of the game is so important. Our attorneys have the experience to handle matters arising in the operation of hospitals, ambulatory surgery centers, long-term care facilities, and individual and group physician practices throughout Illinois.

The attorneys in Heyl Royster’s Healthcare Practice represent hospitals and healthcare systems in a broad range of issues involving healthcare regulatory compliance, Stark Law and Anti-Kickback Statute counseling, HIPAA, EMTALA, risk and claims management, licensure, fraud and abuse, corporate compliance, contracting, policies and procedures, and staff concerns, as well as defense of professional liability claims. We regularly represent healthcare providers in drafting or review of medical staff bylaws, and we counsel hospital management on labor and employment issues, as well as provide workplace training for staff.

For many of our hospital clients, we act as outside general counsel, or as an extension of their in-house counsel, to advise and represent the governing board, executive and medical staff leadership, and hospital administrative staff on the range of legal issues that can arise in the operation of a healthcare organization and its various services and programs. Our Healthcare Practice team includes former regulatory agency and health system in-house counsel.  The attorneys in our Healthcare Practice also frequently collaborate with lawyers in our other business-related practices – such as our Employment & Labor, Workers’ Compensation, and corporate transactional practices – to provide clients with multi-disciplinary solutions.

Our Healthcare Practice also includes a past president of the Illinois Association of Healthcare Attorneys, a past president of the Illinois Society of Healthcare Risk Management, a former General Counsel of the Illinois Department of Public Health, a former human resources manager, and a former practicing dentist. Many of our lawyers have been selected by their peers as among the top 5% of Illinois lawyers and have been named as Leading Lawyers and Super Lawyers in Illinois. Our lawyers also frequently publish on a variety of health law issues.

Listed below are some of the areas of health law in which we are most active:

  • Corporate Compliance
    • Program development
    • Employee education
    • Enforcement
  • Medical Staff Issues
    • Credentialing
    • Bylaws
    • Privilege actions
    • Data Bank Issues
  • Integration Issues
    • Practice Acquisitions and Sales
    • Mergers
    • Affiliations
  • Contracting Issues
    • Corporate formation
    • Managed care
    • Physicians and employees
    • Vendors
    • Joint Ventures
  • Fraud and Abuse Issues
    • False Claims Act/Qui Tam Defense
    • Stark regulations
    • Anti-Kickback regulations
    • Investigations by various agencies
  • HIPAA Compliance
    • Program development
    • Employee education
    • Enforcement
  • Licensing and Disciplinary issues
    • Hospitals
    • Physicians
    • Nursing staff
  • Certificate of Need issues
  • EMTALA
  • Bond issuance
  • Acquisitions/Sale of Practice
    • Real estate matters
    • Equipment purchases
  • Employment Issues
    • Employment contracts
    • Employee policies
    • FMLA
    • ADA
    • Workers' Compensation
    • Termination issues
    • EEOC complaints
    • Defense of employee claims
    • Department of Labor wage and hour issues
    • Training
  • Risk Management Issues
    • Minimizing liability
    • Defense of actions
    • Employee and medical staff education
    • Review and drafting policies and consents
  • Lien adjudication hearings
  • Private health insurance/ERISA Liens
  • Medicare Set-Asides
  • Collection proceedings

 

Representative Clients

Carle Foundation

Christie Clinic

Community Health System

Community Memorial Hospital

Crawford Memorial Hospital

Ferrell Hospital

Gibson Community Hospital

Hopedale Medical Complex

Kirby Medical Center

McDonough Physician Hospital Organization

Memorial Hospital (Carthage)

Paris Community Hospital

Perry Memorial Hospital

Southern Illinois University School of Medicine

UnityPoint Health

University of Illinois

University of Illinois College of Medicine

Publications

  • “Recent Appellate Decision Emphasizes Need for Caution in Drafting Special Interrogatories,” Illinois Defense Counsel Quarterly (2018) - Download Article
  • “Isn’t Every Party Entitled to be Represented by its Own Attorney? Take Note of Gapinski v. Gujrati,” Illinois Defense Counsel Quarterly (2017) - Download Article
  • “Hospitals Beware: Apparent Agency Claims May Arise From Treatment Rendered at Offsite, Independent Clinics,” Illinois Defense Counsel Quarterly (2017) - Download Article
  • "Timeshare Arrangements Exception to Stark Law Offers Opportunities in Rural/Underserved Communities," American Bar Association, Health Law Litigation (2016)
  • "Illinois Court Extends Affidavit and Health-Professional’s Report Requirements to Medical Battery Claims," International Association of Defense Counsel Medical Defense and Health Law Committee Newsletter (2015)
  • "Illinois Supreme Court: Attorney Fees and Costs Should Not Be Deducted Before Calculating Amounts Recoverable Under the Health Care Services Lien Act," Illinois Defense Counsel Quarterly (2015) - Download Article
  • "The Rise of the 'Reverse' False Claim And Proposed Rules from CMS on Reporting and Returning Overpayments," Illinois Defense Counsel Quarterly (2013) - Download Article
  • "First District Appellate Court Addresses Proximate Cause Defense in Case of Third-Party Intervening Physician in Buck v. Charletta," Illinois Defense Counsel Quarterly (2013) - Download Article
  • "HHS Releases HIPAA Final Rule to Implement Statutory Amendments under HITECH Act and GINA," Illinois Defense Counsel Quarterly (2013) - Download Article
  • "Appellate Court Clarifies Jury Trial Requirement in Involuntary Commitment Cases," Illinois Defense Counsel Quarterly (2013) - Download Article
  • "The Importance of Clear and Consistent Peer Review Procedures: Appellate Court Clarifies Scope of Medical Studies Act Privilege," Illinois Defense Counsel Quarterly (2012) - Download Article
  • "The Law of Telemedicine Responding to Real World Practice," Illinois Defense Counsel Quarterly (2012) - Download Article
  • "Supreme Court Issues Decision Regarding Recoverable Damages for Wrongful-Birth in Clark v. Children's Memorial Hospital," Illinois Defense Counsel Quarterly (2011) - Download Article
  • "What Every Litigator Needs to Know About Medical Non-Disclosure Agreements," Illinois Defense Counsel Quarterly (2011) - Download Article
  • "Physician Disciplinary Records: TMI?!" IDC Defense Update, Vol. 11, No. 8 (2010) - Download Article
  • "All In Your Head: A Comprehensive Approach to Somatoform Disorders in Adult Disability Claims," Washington University Law Review, (2010) - Download Article
  • "What Every Physician Needs to Know About the Stark Law," Heyl Royster Medicolegal Monitor (2008) - Download Article
  • "The Law of Medical Practice in Illinois," West Publishing (2007)
  • "Advertising, Consent Forms, and Apparent Agency: A Review of the Illinois Supreme Court's Ruling in York v. Rush-Presbyterian-St. Luke's Medical Center and Some Practice Suggestions," Illinois Defense Counsel Quarterly (2007) - Download Article
  • "What Every Litigator Needs to Know About Negligent Credentialing Claims," Illinois Defense Counsel Quarterly (2007) - Download Article
  • "What Every Litigator Needs to Know About Protecting Non-Party Patient Privacy Rights in Litigation," Illinois Defense Counsel Quarterly (2007) - Download Article
  • "The Amendment to the Good Samaritan Act" Illinois Defense Counsel Quarterly (2005) - Download Article
  • "Survey of Illinois Law: Health Care Law," published by Southern Illinois University Bar Journal (1998)