Heyl Royster

 

Practices

HEALTHCARE

In today's healthcare world, the one constant is change - from technology and procedures to changes in regulations and governmental scrutiny. That's why having a powerful legal team who 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. In addition, the attorneys in our Healthcare Practice frequently collaborate with our Employment Law and Professional Liability Practices to serve specific client needs. 

Our Healthcare Practice 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 certified public accountant, an attorney with an advanced law degree (L.L.M.) in health law, 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.

When it comes to the ever-changing world of healthcare, a professional, responsive legal team can be a difference maker. Give us your next legal matter and find out why.

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

  • Lien adjudication hearings
  • Private health insurance/ERISA Liens
  • Medicare Set-Asides
  • Collection proceedings
  • 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
  • Risk Management Issues
    • Minimizing liability
    • Defense of actions
    • Employee and medical staff education
    • Review and drafting policies and consents
  • 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
  • Health Care Services Liens
  • 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
  • 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

Representative Clients

UnityPoint Health

Community Health System

Southern Illinois University School of Medicine

University of Illinois College of Medicine

Community Memorial Hospital

Crawford Memorial Hospital

Gibson Community Hospital

Memorial Hospital (Carthage)

Paris Community Hospital

Associated University Neurosurgeons

Associates for Mental Health

Peoria Diocese

University of Illinois

Significant Cases

  • Sperry v. Bravo Care of Galesburg (2014) Represented Bravo Care in the Central District of Illinois in a pregnancy discrimination case in which plaintiff voluntarily dismissed her lawsuit because of the aggressive defense of the case.
  • Obtained a notice of declination of intervention in a qui tam lawsuit arising out of alleged hospital upcoding after engaging federal government officials and responding to civil investigative demands.
  • Obtained a dismissal of a qui tam lawsuit and retaliatory discharge claim arising out of a hospital allegedly submitting claims for Medicare reimbursement that were not medically necessary.
  • Helfers-Beitz v. Degleman 406 Ill. App. 3d 264, 939 N.E.2d 1087 (3d Dist. 2010) Hospital not responsible for physician's acts of sexual misconduct nor for negligent hiring, credentialing or retention where hospital made reasonable inquiry.
  • Kennedy v. Crusader Clinic (Jury trial, 2000, Winnebago County) Trial of what was one of the first "false positive" HIV tests reported in Illinois. Plaintiff sought emotional damages for three years where he believed he was HIV positive, contending that the standard of care required a confirmatory retest. One of the principle defenses was the testimony of a former employee of the C.D.C. that shortly after the tests were developed, the tests were found to be very reliable, with low "false positives" rates. The jury returned a verdict in favor of the defendants.
  • Ehrbright v. Renner, M.D., et al. Trial; hung jury after 2 week trial against our orthopedic surgeon and hospital for alleged wrongful death of a 42 year old father and wage earner following rotator cuff repair surgery with allegations of lack of monitoring and medication errors. Plaintiff asked jury for $6.7 million.
  • Robidoux, et al. v. Oliphant 201 Ill. 2d 324 (2002) Summary judgment affirmed. Illinois Supreme Court affirmed defendant-clinic's position that plaintiff's counter-affidavits were properly stricken and summary judgment entered in favor of trauma surgeon.
  • Campbell v. Wagner, M.D. 303 Ill. App. 3d. 609 (4th Dist. 1999), appeal denied, 184 Ill. 2d. 554 (1999) Trial; not guilty jury verdict for alleged negligence during gynecological surgery resulting in near-death post-operative complications.

Publications

  • “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)