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1 September 2014 Vol. 31, No. 1 Illinois State Bar Association Health Care Lawyer The newsletter of the Illinois State Bar Association s Section on Health Care Law All the latest developments in health care law By W. Eugene Basanta and Shane Swords Federal decisions Supreme Court grants religiously-affiliated college injunction to forego filing of ACA form Since its enactment, the Patient Protection and Affordable Care Act (ACA) has spurred an onslaught of litigation. In a recent case, the U.S. Supreme Court considered whether to grant a preliminary injunction in favor of an Illinois non-profit, religiously affiliated, liberal arts college. The emergency injunction would allow the college to forego the filing of a form with the Secretary of the Department of Health and Human Services documenting the college s religious status and its objection to providing coverage for contraceptive services. After both the district court and the Seventh Circuit denied the injunction, the college sought review by the Supreme Court. Under the ACA, employer group health insurance plans are required to cover contraceptive services without cost sharing. Recognizing, however, that some organizations may sincerely oppose the contraceptives provision, the ACA and its implementing regulations allow for certain exemptions. For instance, churches are categorically exempt. Additionally, any religious non-profit organization is exempt provided the organization signs a form certifying its religious non-profit status and its objection to the contraceptive services provision. The religious nonprofit organization must then submit a copy of the form to its insurance carrier or third-party administrator (TPA). In seeking the emergency injunction, the Continued on page 2 Inside All the latest developments in health care law... 1 Illinois Insurance Claims Fraud Prevention Act: What whistleblowers and providers should know... 1 (Notice to librarians: The following issues were published in Volume 30 of this newsletter during the fiscal year ending June 30, 2014: September, No. 1; December, No. 2; March, No. 3; June, No. 4). Illinois Insurance Claims Fraud Prevention Act: What whistleblowers and providers should know By R. Scott Oswald Illinois has a peculiar statute that many healthcare providers and their employees may not know about: the Illinois Claims Fraud Prevention Act (ICFPA). This article discusses the options available for interested persons bringing actions under the ICFPA and potential liabilities for health care providers that have violated this Act. Finally, it includes exemplar cases and lessons learned. Introduction Billions of dollars in recoveries to the federal government for False Claims Act 1 violations have made Medicare and Medicaid violations well known throughout the medical community. Healthcare entities train their employees about the need to avoid liability for such violations. Most employees know to be vigilant in billings to Medicare and Medicaid. But providers and employees in Illinois should be aware of qui tam provisions that apply to private insurance claims as well under the Illinois Insurance Claims Fraud Prevention Act (ICFPA). 2 In Illinois, interested persons may bring claims on behalf of private insurance companies and the state government Continued on page 8 If you're getting this newsletter by postal mail and would prefer electronic delivery, just send an to Ann Boucher at

2 Health Care Lawyer September 2014, Vol. 31, No. 1 All the latest developments in health care law Continued from page 1 college argued that submitting the form to its insurer or third-party administrator burdened its free exercise of religion in violation of the Religious Freedom Restoration Act of 1993 (RFRA). In particular, the college contended that filing the self-certification form would make it complicit in providing contraceptives services by triggering the obligation of the insurer or TPA to do so without cost. In taking up the issue, the Supreme Court noted that the circuit courts have been divided on whether to enjoin the requirement that religious non-profit organizations use the self-certifying form. Aptly, the Supreme Court Justices also found themselves split on the issue. Justices Roberts, Scalia, Kennedy, Thomas, and Alito constituted the majority of the Court granting the college s requested preliminary injunction. In a short opinion, the majority justified its order by highlighting that it did not affect the ability of the college s employees and students to obtain, without cost, the full range of FDA-approved contraceptives. Furthermore, the majority pointed out that the college had already notified the government that it met the requirements for exemption from the contraceptive services provision without using the self-certification form, and thus the government would still be able to facilitate full contraceptive coverage under the ACA. The majority, however, concluded its opinion with a clarifying statement that its order should not be construed as an expression of the Court s views on the merits of the case. Justices Sotomayor, Ginsburg, and Kagan opposed granting the emergency injunction. Justice Sotomayor voiced their trepidations in her dissenting opinion. First, Justice Sotomayor argued that the college did not state a viable claim under RFRA. She bolstered her view by noting that the college s claim ignored the fact that federal law triggers the contraceptive coverage provision, not the college s completion of the self-certification form. Furthermore, Justice Sotomayor asserted that, even if the college s free exercise of religion was burdened, the burden of submitting the self-certification form was the least restrictive means of furthering the government s compelling interests in protecting public health and women s well-being. 2 Next, Justice Sotomayor asserted that the Court s action in granting the injunction was improper because the college s claim did not rise to the high standard necessary to grant an emergency injunction. The Court granted the emergency injunction under the All Writs Act, 28 USC Justice Sotomayor noted that under this Act, injunctions are only proper where the legal rights at issue are indisputably clear. Moreover, Justice Sotomayor observed that, in the past, the Court viewed splits among lower courts as proof that this high standard had not been met. In the instant case, the majority used such a division among lower courts to justify its decision in favor of the college. Finally, Justice Sotomayor contended the Court s decision to grant the injunction imposed an unwarranted and unprecedented burden on the government s ability to carry out a regulatory scheme. The self-certification form notifies the government of organizations that are eligible for the religious exemption accommodation. The government does not require organizations submitting the form to provide proof of religious sincerity. Furthermore, the self-certification form serves to notify health insurance providers and third-party administrators. Justice Sotomayor reasoned the task of notifying health insurance providers and third-party administrators would be passed onto the government once it becomes aware of a religious organization s intention to avail itself of the religious exemption accommodation. Justice Sotomayor argued a task of such nature would be extremely costly and would spur additional bureaucracy. For these reasons, Justice Sotomayor, joined by Justices Ginsburg and Kagan, dissented from the order granting the college a preliminary injunction. Wheaton College v. Burwell, No 13A1284 (U.S. Sup., July 3, 2014). Supreme Court majority rejects compulsory dues for home health workers The Illinois Department of Human Services Home Services Program (Program) is a state-run Medicaid program that allows Medicaid recipients to hire personal assistants to provide homecare services. Without the care of the personal assistants, the Medicaid recipients would need to receive institutional care. In 2003, the Illinois Public Labor Relations Act (PLRA), 20 ILCS 2405/3(f), was amended to recognize the right of personal assistants to unionize in Illinois. As a result, the Service Employees International Union - Healthcare Illinois & Indiana (SEIU-HII) exclusively represented personal assistants collective bargaining interests. The PLRA, contains an agency-fee provision that requires members of a bargaining unit to pay a union fee even if the individual member does not wish to join the union. The petitioners, a group of personal assistants, brought a class action suit against the SEIU-HII and the Illinois Governor alleging that the PLRA violated their First Amendment rights insofar as it required them to pay union dues to a union they did not wish to join. The petitioners filed their class action in the federal district court which dismissed their claims with prejudice. The Seventh Circuit Court of Appeals affirmed the dismissal, 656 F.3d 692 (7th Cir. 2011), relying on the Supreme Court s decision in Abood v. Detroit Bd. Of Ed. 431 U.S. 209 (1977). In Abood, the Supreme Court held that state employees who choose not to join a public-sector union may nevertheless be compelled to pay an agency fee to support union work that is related to the collective-bargaining process. Later in Knox v. Service Employees, 132 S. Ct (2012), however, the Supreme Court conditioned Abood by pointing out its ruling was something of an anomaly. In Knox, the Court asserted that the purpose of allowing unions to collect fees from nonmember was to prevent nonmembers free-riding on the union s efforts. Furthermore, the Knox opinion noted that free-rider arguments are generally insufficient to overcome First Amendment objections. Citing the important First Amendment question raised by the PLRA, the Supreme Court granted certiorari to petitioners. The Supreme Court chose not to apply the rule of Abood to the petitioner-personal assistants in the instant case for several reasons. First, the Supreme Court reasoned that unlike in Abood, the personal assistants were not full-fledged fledged public employees. The Supreme Court noted that the customers who engage the personal assistants are responsible for controlling all aspects of the

3 September 2014, Vol. 31, No. 1 Health Care Lawyer employment relationship. Furthermore, personal assistants are deprived of the benefits enjoyed by full-fledged public employees. For instance, personal assistants are explicitly barred from statutory health insurance and retirement benefits. Moreover, the Court noted, the state does not assume liability for the actions of personal assistants while they carry out the duties of their employment. Finally, the Supreme Court found that the SEIU-HII does not have the same scope of powers and duties as compared to other unions due to the fact that personal assistants cannot be considered full-fledged public employees. Therefore, the Supreme Court found that personal assistants are only considered public employees for the purpose of collective bargaining. The Court next analyzed the constitutionally of the payments under applicable First Amendment standards. To begin, the Court explained that several tests created in other decisions can be applied when analyzing a First Amendment claim in the context of union fees. Ultimately, the Supreme Court reasoned that union fees imposed on personal assistants could not satisfy any of these tests. In reaching this conclusion, the Court scrutinized the respondents arguments that the union promotes labor peace and has been an effective advocate for personal assistants in Illinois. The Court found these arguments fell short of the demands of a First Amendment claim. Next, the Supreme Court dissected respondents claim that the balancing test derived from Pickering v. Board of Ed. Of Township High School Dist. 205, 391 U.S. 563 (1968) should be applied. The focus in Pickering was the constitutionality of restrictions on speech by public employees. The Supreme Court stated that Pickering was inapplicable because the state was not acting as a traditional employer regarding the personal assistants. Nevertheless, the Supreme Court analyzed the facts under the Pickering balancing test to demonstrate that the payment provision would not be upheld even if the test were applied. Finally, the Supreme Court addressed respondents argument that the Court s failure to extend Abood to apply to personal assistants would call into question several of its past decisions. The Court disposed of this argument by finding the cases respondents cited consistent with the Court s decision not to extend Abood to personal assistants. Thus, the majority of the Justices reversed in part, and affirm in part, the judgment of the Seventh Circuit and remanded the case for further proceedings. However, Justice Kagan, joined by Justices Ginsburg, Breyer, and Sotomayor, dissented. Essentially, the dissenting opinion contended that Illinois controls the employment of personal assistants, and therefore personal assistants should be considered full-fledged public employees. The dissent pointed to the fact that Illinois negotiates with the personal assistant union concerning important terms of employment such as wages, benefits, and basic qualifications. Thus, the dissent asserted that personal assistants should not be treated any differently than other public employees and that the majority should have applied the reasoning of Abood to this case. Harris v. Quinn, No (U.S. Sup., June 30, 2014). False Claims Act verdict overturned Former nurses at the defendant-nursing home alleged that the defendant violated the False Claims Act (FCA), 31 U.S.C and the Illinois Whistleblower Reward and Protection Act (IWRPA), 740 ILCS 175/1 et seq. by knowingly submitting thousands of false claims to the Medicare and Medicaid programs. The nurses, as relators, filed a qui tam action on behalf of the government and retaliation actions in their personal capacities. In the district court, a jury reached a verdict for the nurse-relators. The jury awarded over $9 million in compensatory damages, levied $19 million in qui tam fines, and granted each nurse damages for their respective retaliation claims. Ultimately, the fines were set aside after the district court found they violated the Excessive Fines Clause of the Eight Amendment. Defendant appealed contending the district court lacked jurisdiction over the qui tam claims. Moreover, defendant argued the qui tam and retaliation claims failed as a matter of law. Additionally, the relators crossappealed the setting aside of the fines. The Seventh Circuit reviewed both the appeal and cross-appeal. The record showed, at all relevant times, that Medicare or Medicaid supported most of the residents at the defendant-nursing home. Defendant was reimbursed for the care it provided to its residents on a per patient day basis. Furthermore, defendant was required to comply with numerous regulations. As a result, it was subject to random inspections by government regulators to en- 3 Health Care Lawyer Published at least four times per year. Annual subscription rate for ISBA members: $25. To subscribe, visit or call Office Illinois Bar Center 424 S. Second Street Springfield, IL Phones: OR Co-Editors W. Eugene Basanta Southern IL University School of Law Lesar Law Bldg 1150 Douglas Drive Carbondale, IL Theodore R. LeBlang SIU School of Medicine PO Box Springfield, IL Associate Editors Wes Cleveland Rick Hindmand Managing Editor/ Production Katie Underwood Health Care Law Section Council Alice Rae Kush, Chair Lawrence J. Stark, Vice Chair Edward Clancy, Secretary Carolyn V. Metnick, Ex-Officio James C. Adamson Monique A. Anawis W. Eugene Basanta Thomas P. Conley Edward Z. Dinardo Keith E. Emmons Michael V. Favia Ann K. Ford Gerald G. Goldberg Guy C. Hall Vincent Headington Theodore R. LeBlang Jonathan B. Loiterman Mary E. Lucie Nancy K. McKenna Mark A. Mosby Leonard A. Nelson William F. Sherwood Herbert Sohn Lori S. Yokoyama Elizabeth A. Zurek Mary M. Grant, Staff Liaison Angelica W. Wawrzynek, Board LIaison Edward Z. Dinardo, CLE Coordinator Sharon L. Eiseman, CLE Committee Liaison Disclaimer: This newsletter is for subscribers personal use only; redistribution is prohibited. Copyright Illinois State Bar Association. Statements or expressions of opinion appearing herein are those of the authors and not necessarily those of the Association or Editors, and likewise the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement. Articles are prepared as an educational service to members of ISBA. They should not be relied upon as a substitute for individual legal research. The articles in this newsletter are not intended to be used and may not be relied on for penalty avoidance. 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4 Health Care Lawyer September 2014, Vol. 31, No. 1 sure it was providing adequate care. Defendant was inspected 117 times between 1998 and 200 and took remedial action when any deficiencies were discovered.. In their FCA claims, relators presented evidence of problems regarding infection and pest control, pressure sore management, medication, food and water temperatures, cleanliness, medical equipment, patient accidents, and patient trust accounts. Specifically, the relators testified that the defendant ordered employees not to chart symptoms indicating scabies or pressure ulcers in an attempt to conceal the problems of the facility. Additionally, they testified that defendant would change its practices for the better during inspections. Defendant contended two provisions of the FCA, 3730(e)(3) and (e)(4), deprived the district court of jurisdiction of the plaintiffs FCA claims. Section (e)(4) provides as follows: No court shall have jurisdiction over an action under this section based upon public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of information. In 2007, in Rockwell Int l Corp. v. United States, 540 U.S. 954 (2007), the Supreme Court found 3730(e)(4) required a jurisdictional determination before a court can decided the merits of an FCA claim. In 2010, however, 3730(e)(4) was amended leaving the Rockwell holding in question. Regardless, the appellate court applied the reasoning of Rockwell since the conduct and filing of the action occurred before 2010 and the amendments were not retroactive. The appellate court set out determine whether 3730(e)(4) barred the relators qui tam claims before the district would have had the ability to address the claims merits. As a jurisdictional matter, the appellate court reasoned that under 3739(e)(4) the district court should have determined whether plaintiffs allegations had previously been publicly disclosed and whether the qui tam action was based upon those allegations that were publicly disclosed. Since the district court did not make such a determination, the appellate court undertook the task focusing its analysis on whether any allegations of fraud or the critical elements of the fraudulent transactions themselves were either publicly disclosed or already in the government s possession. Defendant contended that plaintiffs allegations were based extensively on incidents of non-complaint care that were previously documented in government survey reports and for which defendant was already penalized. Furthermore, defendant argued since the information regarding its fraudulent conduct was in the possession of the government, it was already publicly disclosed. The appellate court, however, reasoned that plaintiff also offered evidence of defendant s fraudulent conduct that was not in the included in government survey reports. Specifically, the appellate court pointed to plaintiffs evidence that defendant instructed employees not to chart incidents of scabies, pressure ulcers, and rashes. The appellate court further reasoned government survey reports did not disclose facts establishing that [defendant] misrepresented the standard of care in submitting claims for payment to the government. Therefore, the appellate court held 3730 (e)(4) did not bar the plaintiffs FCA claims. In addition, the appellate court reasoned defendant s 3730(e)(3) jurisdictional argument need not be addressed as it failed on the on the same grounds as 3730(e)(4). Nevertheless, the appellate court held that the plaintiffs qui tam claims failed as a matter of law. Likewise, the appellate court held plaintiffs respective state law retaliation claims also failed as a matter of law. The question for the court was whether there was sufficient evidence in the record to support the jury s verdict for the relators. The relators based their FCA claims on two theories; that the defendant had furnished worthless services and had provided false certifications to the government. As to the worthless services theory, the trial court had instructed the jury that it could find that defendant had been improperly paid for worthless services if the value of the services actually rendered was less than the amount paid. The appeals court said this was simply wrong. Quoting Mikes v. Straus, 274 F.3d 687 (2d Cir. 2001), the court said that, as recognized in several other circuits, in order to establish a worthless services claim under the FCA, a party must show that the performance of the service [was] so deficient that for all practical purposes it is the equivalent of no performance at all. While the court declined to find that an FCA action could be based on a worthless services theory, it concluded that in any event, the relators failed to offer evidence establishing that [the defendant s] services were truly or effectively worthless. The false certification theory was based on the argument that the defendant had knowingly certified that it had complied with various Medicare and Medicaid requirements as a condition to payments when in fact it had not done so. The relators argued on appeal that certification was implied by the defendant accepting daily government payments for the care of residents. But this theory had not been argued to the jury, so the appeals court ruled it could not uphold the verdict on this basis. Additionally, the relators argued that the defendant expressly made false certifications, for example in its plans of correction, but again this theory was not presented to the jury. Finally, relators asserted that the defendant violated the FCA by certifying that various required forms submitted to the government accurately reflected the conditions and treatment of patients, when in fact the forms did not properly document the patient s symptoms, diagnosis, or treatment. The problem with this theory, the court said, was that, The relators did not offer any evidence regarding how many, even roughly, of the... forms contained false certifications. Without any such evidence, the jury s verdict could not be upheld as supported by the evidence. Finding that the relators retaliation claims were inadequate as well, the appellate court vacated the district court s judgment in favor of the relators and remanded the case with instructions that judgment be entered for the defendant. United States ex rel. Absher v. Momence Meadows Nursing Center, Inc., Nos & (7th Cir., Aug. 20, 2014). Federal appellate court revisits Medicare compensation for residents research activities In an August decision, the Seventh Circuit again took up a question regarding Medicare hospital payments for resident training. By way of background, Medicare assists teaching hospitals in educating residents by adjusting payments to reflect additional training costs including indirect medical education (IME) costs. IME costs include costs incurred in activities designed to improve 4

5 September 2014, Vol. 31, No. 1 Health Care Lawyer a resident s patient care skills although the activities are not associated with the care of any particular patient. Since 1983 when the Medicare system began to use the prospective payment system, the question has lingered as to whether a resident s pure research activities should be counted in determining the IME cost adjustment. From the outset, in administrative adjudications, the Department of Health and Human Services (HHS) said that pure research activities do not count in making IME calculations. The HHS position was codified in regulations adopted in Furthermore, in the Patient Protection and Affordable Care Act (ACA) Congress explicitly enacted the HHS position beginning as of However, for the period , the ACA simply omitted any clear rule regarding IME adjustments for pure research activities and directed HHS to adopt implementing regulations. Of particular importance, the ACA included a provision specifying that the IME amendments, shall not give rise to any inference as to how the law in effect prior to such date [2001] should be interpreted. In 2010, after the ACA had been enacted, but prior to HHS adopting new IME regulations, the Seventh Circuit decided University of Chicago Med. Ctr v. Sebelius, 618 F.3d 739 (7th Cir. 2010). In this case, the appeals court held that, the relevant portion of the statute should be interpreted to include pure research in compensable IME costs for the 1983 to 2001 period. Subsequently, HHS adopted a regulation excluding pure research from the IME cost calculation for all years since Thereafter, the plaintiff in the instant case, a teaching hospital, sought to include residents research time for IME cost adjustments for several years in the 1990s. The adjustment request was denied and the plaintiff sought judicial review. The federal district court, following the Seventh Circuit s University of Chicago Med. Ctr decision, held that reimbursement for pure research activities of residents in the relevant years was appropriate. HHS then appealed. On appeal, the court focused on whether the HHS rule, adopted after the ACA was enacted, represented a proper agency interpretation of federal statutory law entitled to deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). In analyzing this question, the court looked to another Supreme Court decision, National Cable & Telecommunications Ass n v. Brand X Internet Services, 545 U.S. 967 (2005) which held that [a] court s prior judicial construction of a statute trumps an agency construction otherwise entitled to Chevron deference only if the prior court decision holds that its construction follows from the unambiguous terms of the statute and thus leaves no room for agency discretion. Applying this standard in the present case, the court concluded that its earlier decision in University of Chicago, explicitly recognized ambiguity in some of the statute s terms, such as the noinferences provision. In light of that analysis, we cannot say that the University of Chicago opinion held the statute to be sufficiently unambiguous as to divest the Secretary of all power to promulgate regulations contrary to its holding. The next step in the Chevron analysis was for the court to determine if HHS s regulatory position regarding pure research and IME calculations from represents an impermissible construction of the statute. In this regard, the court held: [T]his case is one in which the responsible agency s interpretation of a statute should be afforded deference under Chevron. Confronted with an express delegation of authority to the agency over a question that has long occupied that agency s attention, and an explicit disclaimer by Congress that it meant to send any signal about the correct interpretation of the matter, we are not willing to override the agency s position. Based on this analysis, the Seventh Circuit reversed the judgment of the district court and remanded the case for the entry of summary judgment in favor of HHS. Rush University Med. Ctr v. Burwell, No (7th Cir., Aug. 18, 2014). Seventh Circuit denies surgeon s suit for judicial review of suspension from professional association Membership in professional associations can play a crucial role in the success of a physician s career. Conversely, loss of membership can have a dramatically harmful impact professionally and economically. A recent decision from the Seventh Circuit Court of Appeals reflects this tension in a common situation, namely when the physician becomes a plaintiffs expert in malpractice actions. Plaintiff, a Utah orthopedic surgeon, derived all of his income from providing expert advice and testimony in litigation, as he was no longer able to perform surgery. Plaintiff was a member of the American Academy of Orthopaedic Surgeons (Academy). The Academy requires its member to adhere to certain ethical standards when acting as an expert witness. The Academy suspended plaintiff s membership for one year alleging he violated the group s ethical standards by professing greater confidence in one case than the evidence warranted. Plaintiff filed suit in federal court, based on diversity, against the defendant-academy asserting a violation of his due process rights when the Academy failed to follow its own bylaws. As a private organization, under Illinois law, judicial review of the defendant s membership decision would only be proper when membership in the organization is an economic necessity for the individual or affects important economic interest. While the district court held that a one-year suspension would devastate plaintiff s income, it concluded that defendant had not violated its own rules in suspending plaintiff and granted summary judgment for the Academy. On appeal, the appellate court focused its attention on whether plaintiff had established that the suspension would affect an important economic interest. Plaintiff contended, and the trial court had found, that his suspension would damage his reputation and as a result no litigant would want to hire him, not even for advice. The court reasoned that a career-killing effect would show that continuous membership is an economic necessity. The question was whether the plaintiff s evidence was sufficient to show this sort of impact. The appeals court said no. The appellate court noted that plaintiff had provided neither evidence of the actual impact of the suspension on his own income nor evidence of other physicians whose careers were substantially affected by a oneyear suspension. The court cited Austin v Am. Ass n of Neurological Surgeons, 253 F.3d 967 ( 7th Cir. 2001), a case in which a plaintiff was able to provide empirical evidence to demonstrate he experienced a 65% fall in litigation-related income stemming from a suspension levied by the Academy. Nevertheless, the plaintiff in Austin was not entitled to judicial review. The appellate court found that plaintiff had failed to provide any empirical evidence whatsoever to demonstrate that his career would be devastated by the one year suspension. Consequently, it was not satisfied that plaintiff s allegations created a material issue 5

6 Health Care Lawyer September 2014, Vol. 31, No. 1 of fact. Thus, the appellate court held that plaintiff did not establish that the one-year suspension imposed by the Academy would affect an important economic interest. The appellate court affirmed the district court s summary judgment in favor of the Academy without reaching the issue of whether the defendant had violated its bylaws. Brandner v. Am. Acad. Of Orthopaedic Surgeons, No (7th Cir., July 24, 2014). Action against nursing home does not require affidavit Plaintiff s decedent was residing at a nursing home facility allegedly owned in part by the defendant. Tragically, while residing in the facility, the decedent fell while attempting to walk without sufficient assistance. Decedent died two days later as a result of injuries stemming from her fall. Plaintiff alleged defendant was negligent and filed suit under the Illinois Nursing Home Care Act, 210 ILCS 45/3-601 & 602, and several ancillary statutes. Defendant sought to dismiss this suit on the grounds that the plaintiff had failed to submit with the complaint an affidavit of merit as required by 735 ILCS 5/2-622 in healing art malpractice cases. In response, plaintiff contended that no such affidavit was required when bringing suit against nursing home owners under the Nursing Home Care Act. Under section 5/2-622 of the Healing Arts Malpractice Act, a medical malpractice plaintiff is required to file an attorney s affidavit and a medical report from a health care professional. The affidavit must state one of the following: (1) that the affiant consulted and reviewed the facts of the case with a health professional; (2) that the affiant was prevented from consulting with a health professional due to constraints imposed by a statute of limitations; or (3) that a request has been made by the plaintiff or the attorney for examination and copying of records pursuant to the Act and that the request has not been timely honored. In Eads v. Heritage Enterprises, Inc., 204 Ill. 2d 92, 787 N.E.2d 771 (2003), the Illinois Supreme Court held that the affidavit requirement in section 5/2-622 does not apply to private causes of action brought against a nursing home owner under the Nursing Home Care Act. Defendant argued that a cause of action under the Nursing Home Care Act could only be brought against nursing home licensees or owners. Defendant asserted that it was neither a nursing home licensee nor a nursing home owner. Under the Nursing Home Care Act, 210 ILCS 45/1-119, an owner is defined as: the individual, partnership, corporation, association, or other person who owns a facility. In the event a facility is operated by a person who leases the physical plant, which is owned by another person, owner means the person who operates the facility, except that if the person who owns the physical plant is an affiliate of the person who operates the facility and has significant control over the day-to-day operations of the facility, the person who owns the physical plant shall incur jointly and severally with the owner all liabilities imposed on an owner under this Act. In support of its argument, defendant referred to two other defendants motions to dismiss that included affidavits stating that those defendants owned the entirety of the facility involved in the litigation. The district court found defendant s argument failed for two reasons. First, defendant sought to refer to matters outside the pleadings, which cannot be done without converting its motion to dismiss into a motion for summary judgment. Second, even if considered, these affidavits only proved that defendant did not own the business entity that was an owner of the facility. The district court reasoned that defendant could qualify as an owner of the facility in another way. Therefore, the district court ruled that defendant did not carry its burden and denied its motion to dismiss. Thomas v. Granite Nursing and Rehabilitation Center, LLC, No. 13-CV-1320-JPG-DGW (S.D. Ill., June 3, 2014). Separately, the court ruled that it lack personal jurisdiction over two New York limited liability companies that owned the facility. Thomas v. Granite Nursing and Rehabilitation Center, LLC, No.13-CV-1320-JPG-DGW (S.D. Ill., June 5, 2014). Illinois cases Court reviews request for discovery of credentialing documents Plaintiff-patient filed a negligent credentialing claim against the defendant-hospital system in connection with a medical malpractice claim brought against a physician on the medical staff of a hospital owned by the defendant-system. During discovery, plaintiff filed a motion to compel defendant to produce certain documents. In response, defendant filed a response with an attached privilege log specifying that the requested documents were privileged, and thus undiscoverable. The circuit court conducted an in camera review of the documents and found some were not privileged. Defendant s motion to reconsider was denied, whereupon defendant filed a motion for a finding of contempt in order to facilitate an interlocutory appeal. The circuit court entered the contempt order and assessed a one-dollar friendly contempt penalty. Defendant then appealed to the Illinois Fifth District Appellate Court. The documents in question included numerous materials relating to the applications for staff privileges submitted by the defendant-physician. The appeals court first rejected the defendant s initial argument, namely that the materials were not discoverable because they were irrelevant in the malpractice action. Having disposed of this claim, the court next considered the defendant-hospital system s argument that the applications for staff privileges were privileged under the Illinois Health Care Professional Credentials Data Collection Act (DCA). 410 ILCS 517/15(h). The DCA allows the Illinois Department of Public Health to create a uniform hospital credentials form. The form includes data ordinarily collected by hospitals for the purposes of credentialing. Additionally, health care professionals are required to complete the form when applying for appointment to the medical staff of a hospital. Under the DCA, any data collected by a hospital is to remain confidential and may not be redisclosed without the written consent of the health care professional. 410 ILCS 517/15(h). Defendant contended this language of the DCA created a privilege against discovery of all applications for staff privileges. In analyzing this argument, the appellate court was required to ascertain and give effect to the true intent and meaning of the legislature when it drafted the DCA. The appellate court noted that privileges are strongly disfavored. Furthermore, the court observed that no general principal of Illinois law holds information that is otherwise discoverable is privileged because it is confidential. In its analysis, the appellate court noted that when the legislature has intended to create a privilege in association with certain confidential information, it has done so 6

7 September 2014, Vol. 31, No. 1 Health Care Lawyer explicitly. In this regard the court cited the Medical Studies Act (MSA), 735 ILCS 5/ & in support of its contention. Section specifies that hospital committee materials used in the course of internal quality control shall not be admissible as evidence, nor discoverable in any action of any kind.... The appellate court then held that a privilege does not exist unless, as in the Medical Studies Act, the legislature has explicitly included such a provision in the relevant statute. The appellate court declined to adopt the analysis of the First District Appellate Court in TTX Co. v. Whitley, 295 Ill.App.3d 548, 692 N.E.2d 790 ( 1st Dist. 1998) where the court recognized a privilege regarding confidential tax information although the relevant statute contained no express privilege. The court in the instant case distinguished the Whitley decision observing that it involved Illinois tax statutes and that ultimately the information sought was irrelevant to the issue at hand. Next, the defendant argued that certain specific information in the physician s applications for staff privileges was privileged and should be redacted prior to any discovery. The defendant first sought, under section of the MSA, to remove from the documents a report regarding the physician prepared at the request of a hospital quality oversight committee by an external peer review company. The appeals court agreed with the trial court that this report and its findings were privileged under the MSA and should be redacted prior to disclosure to the plaintiff. The defendant also argued that, under the federal Health Care Quality Improvement Act (HCQIA), 42 USC 11137, information obtained from the HCQIA s National Practitioner Data Bank in connection with the physician s credentialing should be redacted from the applications. Section of the HCQIA contains language similar to that found in the DCA making information reported to the Data Bank confidential. However, the HCQIA also specifies that it does not prevent the disclosure of information that a party would otherwise be authorized to disclose under applicable state law. Therefore, the appellate court held that Illinois discovery rules required the defendant to produce the information, and that it should not be redacted. Looking to the Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. 1320d et seq. and its implementing regulations, the defendant also sought to redact any information in the requested documents referring to the care and treatment of other patients by the physician. The defendant argued that, under HIPAA, any information about the physician s other patients was privileged. The court disagreed and concluded that, under procedures outlined in HIPAA, the requested information could properly be disclosed. In the discovery request, plaintiff also sought documents containing summaries of procedures performed by the physician between 2007 and Defendant contended this information was privileged under section of the Medical Studies Act. The question before the appellate court was whether specific materials fall within the purview of a medical study pursuant to section of the MSA. Moreover, the appellate court needed to determine, as a question of fact, whether the documents sought by plaintiff were a part of defendant s internal quality control program. The appellate court began its analysis of the MSA by noting that the purpose of the MSA privilege is to ensure effective professional self-evaluation by promoting frank peer discussion. Hence, information generated by a hospital committee engaged in internal quality control during the process of peer review is privileged under the MSA. However, information obtained in connection with the initiation of a peer review process is not privileged. The appellate court found that the materials in question contained raw data with regard to the procedures performed by the physician and not data reflecting any committee member s evaluation of the physician. Therefore, defendant failed to show that the materials were created, prepared, or generated by a peer-review committee for the purpose of evaluation. As a matter of procedure, the appellate court vacated the circuit court s contempt order finding defendant sought the order in good faith and was not contemptuous of the circuit court s authority. Otherwise, as modified, the order of the lower court was affirmed. Klaine v. Southern Illinois. Hosp. Servs., No (Ill. App. 5th Dist., Aug. 6, 2014). ILLINOIS BAR FOUNDATION At the Heart of the ISBA SUPPORT THE ILLINOIS BAR FOUNDATION Contributions from ISBA members are vital to the success of the IBF s programs. Access to Justice Grants Warren Lupel Lawyers Care Fund Post- Graduate Fellowship Program More than $400,000 has been given to support these important programs, this year. Every dollar you contribute makes an impact in the lives of those in need. Please consider making a donation to the IBF to improve statewide access to justice. 7

8 Health Care Lawyer September 2014, Vol. 31, No. 1 Illinois Insurance Claims Fraud Prevention Act: What whistleblowers and providers should know Continued from page 1 against those who are perpetrating insurance fraud. How is the Illinois Insurance Claims Fraud Prevention Act Violated? There are two main areas where the ICFPA can be violated: kickbacks and insurance fraud. The first is an anti-kickback provision. The ICFPA specifies that it is unlawful to knowingly offer or pay any remuneration directly or indirectly, in cash or in kind, to induce any person to procure clients or patients to obtain services or benefits under a contract of insurance or that will be the basis for a claim against an insured person or the person s insurer. 3 Like its federal criminal analog, 4 the purpose of an anti-kickback provision is to prohibit the exchange of anything valuable to induce or reward referrals. The ICFPA s anti-kickback provision is applicable to insurance claims and protects insurance companies from fraud and abuse by those submitting such claims. The second area is related to typical insurance fraud. In fact, the ICFPA cites to the Illinois Criminal Code section on insurance fraud. Insurance fraud is defined as knowingly obtain[ing], attempt[ing] to obtain, or caus[ing] to be obtained, by deception, control over the property of an insurance company or self-insured entity by the making of a false claim or by causing a false claim to be made on any policy of insurance issued by an insurance company or by the making of a false claim or by causing a false claim to be made to a self-insured entity, intending to deprive an insurance company or selfinsured entity permanently of the use and benefit of that property. 5 One court has boiled this down in an elemental approach where the plaintiff must prove that the defendant 1) knowingly obtained, attempted to obtain, or caused to be obtained by deception, control over the property of an insurance company; 2) made a false claim or caused a false claim to be made on any policy of insurance issued by an insurance company; and 3) intended to deprive an insurance company permanently of the use and benefit of that property. 6 What is the Procedure for an ICFPA Claim? The procedure for the ICFPA is much like other qui tam actions in the state and federal arenas. An interested person an individual or insurer, for example who has discovered a violation as described above can file a complaint in state court. The complaint is filed in camera and under seal. The interested person also serves the complaint on the State s Attorney and Attorney General including a written disclosure of substantially all material evidence and information the person possesses. 7 While it is under seal, the State s Attorney and Attorney General review the allegations and come to their own decision whether to intervene. If the state intervenes, the seal is lifted and the state leads in prosecuting the action. If the state declines to intervene, the interested person has a choice either to prosecute the action without the state or withdraw the complaint according to the rules of civil procedure. The statute of limitations for an ICFPA complaint is within three years of discovery of the facts supporting the action. But a hard stop is placed at eight years after an underlying violation. How are Damages Calculated Under the ICPFA? Like most false claims acts, the ICFPA provides for both penalties and treble damages. For each false claim, a penalty of an amount between $5,000 and $10,000 must be assessed. A discretionary damages award can be assessed by the court of as much as 3 times the amount of each claim for compensation under a contract of insurance. Unlike the federal False Claims Act, the trebling is not mandatory. 8 Represented interested persons can also recover attorney s fees and costs. What Incentives are Available for Interested Persons to Disclose Insurance False Claims? To encourage interested persons to come forward and expose fraud on private insurers, the ICFPA awards them in two tiers: when the state intervenes and when it does not. Where the state intervenes, as described above, the court has discretion to determine the interested person s award. But the award must be at least 30% of the proceeds of the action or settlement. If the state does not intervene, the award must be at least 40% of 8 the proceeds. There is no upper limit whether the state intervenes or not. There are also limitations on awards in certain circumstances. If the interested person relies primarily on information arising from a public disclosure, the statute caps the award at 10% of the proceeds. Public disclosures are defined as information relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative or administrative report, hearing, audit, or investigation, or from the news media. Any additional information the interested person brings to the action must be weighed against the public disclosure in determining an award. Similar to the federal False Claims Act, if the interested person planned and initiated the violation of the ICFPA, he or she is barred from any share of the proceeds. Illustrative Cases Filed Under the ICFPA Perhaps because Illinois, along with California, are the only states providing for this type of action, reported cases are a rarity. Below are two examples of cases filed under the ICFPA. Case A Imagine a scenario where a pharmacy company conspires with a father and a son to pay kickbacks when the company purchases another company in which it held a 40% ownership stake. 9 The company paid, and the father and son received, a kickback in the transaction and the company thereby secured valuable long-term contracts with nursing homes owned by the father and son. The result of the payments was a pool of nursing home patients using the company s pharmaceutical services who were covered for these services by Illinois insurers. In this case, the court allowed the action under the ICFPA to proceed in the face of a motion to dismiss even when no allegations were made as to private insurers the only specific allegations were made about Medicare and Medicaid submissions. Case B In a recent case, an interested person filed a complaint alleging that a physical therapy group and its affiliates followed a policy of billing insurance companies on a consistent

9 September 2014, Vol. 31, No. 1 Health Care Lawyer basis for 15-minute service increments when in fact it was performing as little as 5 minutes of treatment for each claim. 10 Indeed, it had a policy of a 5 minute rule, for billing insurers at 15 minutes for the shortened period of treatment. The court opined that these claims could have grossly overstated and amounted to millions, if not tens of millions, of dollars in false claims annually. What made matters worse for the defendants in this case, it was that allegedly this was all a corporate policy formulated and dictated by management. Finally, the interested person alleged that she had been reprimanded for not following the 5 minute rule. The court denied the physical therapy group s motion to dismiss. Lessons to be Learned There are lessons in these cases for putative interested persons, health providers, and insurance companies. These examples illustrate that relators and interested persons who are aware of specific Medicare and Medicaid false claims, should likely allege false claims to private insurers as well when the provider serves customers benefiting from private insurance. It appears courts are willing to give interested persons some leeway in their pleading. The main takeaway for providers is that they are susceptible to liability beyond the obvious Medicare and Medicaid false claims. For example, a provider may be vigilant about billing government claims, but have policies in place that result in overbilling to insurance companies because the provider knows how an insurer audits or that the insurer does not seem interested in policing certain activity. Providers must be mindful that they need to satisfy not just the insurer but also the requirements of the statute. If they do not, liability can multiply. The key, as always, is compliance. For private insurers, it appears that they have been reticent to embrace the ICFPA or to join with the state in prosecuting false claims. But these recent cases may entice them to bring such actions. If they do, there will almost assuredly be an increase in settlements as insurers have access to nearly all the information needed to make out a successful claim. Conclusion It is remarkable that the IFCPA has not yet gained more traction or been more widely touted by the State of Illinois. Interested persons, providers, and insurers alike should take note of the benefits and liabilities of compliance and noncompliance. R. Scott Oswald is Managing Principal, The Employment Law Group law firm. He is an employment law attorney, author, and media contributor. Rated among the best lawyers in the field of employment law by Best Lawyers, Oswald speaks at conferences and bar workshops detailing current trends and best practices around the United States U.S.C. 3729, et seq ILCS 92/1 et seq ILCS 92/5(a) U.S.C. 1320a-7b(b) ILCS 5/ (a). 6. Allstate Ins. Co. v. St. Anthony s Spine & Joint Inst., P.C., 06-CV-7010, 2012 WL (N.D. Ill. Feb. 29, 2012) ILCS 92/15(b) U.S.C. 3729(a)(1). 9. Based on United States ex rel. Nehls v. Omnicare, Inc., 07 C 5777, 2011 WL (N.D. Ill. Mar. FASTCASE 21, 2011). 10. State of Illinois ex rel. Jocelyn Zolna-Pitts v. ATI Holdings, LLC, 2013 WL (Ill.Cir.Ct. 2013). MAKE THE MOST OF YOUR ISBA MEMBERSHIP. DAILY CASE DIGESTS & LEGAL NEWS Read it with your morning coffee Covering the Illinois Supreme, E-CLIPS{ Appellate & Seventh Circuit Court. } START YOUR WORKDAY IN THE KNOW. FASTCLE FREE CLE CHANNEL Meet your MCLE requirement for FREE over a 2 year period. EARN 15 HOURS MCLE PER BAR YEAR BROUGHT TO YOU BY ISBA MUTUAL INSURANCE COMPANY FREE ONLINE LEGAL RESEARCH >> Comprehensive 50-State & Federal Caselaw Datebase NOW WITH MOBILE ACCESS TIED TO YOUR ISBA ACCOUNT. Readers are invited to submit articles for publication in the ISBA s Health Care Lawyer. For more information on doing so, go to the ISBA s Web site at: <http://www. isba.org/publications/ sectionnewsletters/ writefornewsletter>. BROUGHT TO YOU BY ISBA MUTUAL INSURANCE COMPANY ILLINOIS STATE BAR ASSOCIATION 9

10 Health Care Lawyer September 2014, Vol. 31, No. 1 Upcoming CLE programs To register, go to or call the ISBA registrar at or October Wednesday, 10/1/14- Teleseminar The Perils of Using Units in LLC Planning. Presented by the Illinois State Bar Association Thursday, 10/2/14- Teleseminar Asset Protection for Real Estate. Presented by the Illinois State Bar Association Tuesday, 10/7/14- Teleseminar Interspecies Conversions and Mergers-Part 1. Presented by the Illinois State Bar Association Tuesday, 10/7/14- Webinar Introduction to Fastcase Legal Research. Presented by the Illinois State Bar Association Complimentary to ISBA Members Only. 3:00. Wednesday, 10/8/14- Teleseminar Inter-species Conversions and Mergers-Part 2. Presented by the Illinois State Bar Association Thursday, 10/9/14- Webinar Advanced Tips to Fastcase Legal Research. Presented by the Illinois State Bar Association Complimentary to ISBA Members Only. 3:00. Friday, 10/10/14- Palatine, Harper College: Wojcik Conference Center Fall 2014 DUI & Traffic Law Conference. Presented by the ISBA Traffic Law Section. All Day. Friday, 10/10/14- Chicago, Baker & McKenzie Law Office Human Trafficking and the Commercial Sexual Exploitation of Children. Presented by the ISBA Administrative Law Section, the ISBA Standing Committee on Racial and Ethnic Minorities & the Law; the ISBA Standing Committee on Women and the Law and Baker & McKenzie Law Office. Friday, 10/10/14- Chicago, ISBA Regional Office The Unforeseen Challenges of Implementing the Affordable Care Act. Presented by the ISBA Health Care Section. 1-4:30. Friday, 10/10/14- Live Webcast The Unforeseen Challenges of Implementing the Affordable Care Act. Presented by the ISBA Health Care Section. 1-4:30. Monday, 10/13/14- Chicago, ISBA Regional Office Advanced Workers Compensation- Fall Presented by the ISBA Workers Compensation Section Monday, 10/13/14- Fairview Heights, Four Points Sheraton Advanced Workers Compensation- Fall Presented by the ISBA Workers Compensation Section Tuesday, 10/14/14- Teleseminar 2014 Americans with Disabilities Act Update. Presented by the Illinois State Bar Association Wednesday, 10/15/14- Teleseminar Incentive Trusts in Estate Planning: Promise and Peril. Presented by the Illinois State Bar Association Thursday, 10/16/14- Webinar Boolean (Keyword) Searches on Fastcase. Presented by the Illinois State Bar Association Complimentary to ISBA Members Only. 3:00. Thursday, 10/16/14- Chicago, ISBA Regional Office ISBA Solo & Small Firm Practice Institute. Presented by the Illinois State Bar Association. 8:30-5:30. Thursday, 10/16/14- Live Webcast ISBA Solo & Small Firm Practice Institute. Presented by the Illinois State Bar Association. 8:30-5:30. Tuesday, 10/21/14- Teleseminar Governance of Private and Family-Controlled Companies. Presented by the Illinois State Bar Association Thursday, 10/23/14- Chicago, ISBA Regional Office Family Law Nuts & Bolts. Presented by the ISBA Family Law Section. 8:30-5:00. Friday, 10/24/14- Teleseminar Attorney Ethics, Advertising and the Internet. Presented by the Illinois State Bar Association Friday, 10/24/14- DeKalb, NIU School 10 of Law Construction Contracts: The Boiler Plate That Gives You Fits. Presented by the ISBA Construction Law Section; co-sponsored by the ISBA Commercial Banking, Collections and Bankruptcy Section and the ISBA Real Estate Law Section. 8-4:30. Friday, 10/24/14- Chicago, ISBA Regional Office Hearing On Motion for Preliminary Injunction. Presented by the ISBA Labor & Employment Section; co-sponsored by the ISBA Civil Practice Section. 8:55-4. Friday, 10/24/14- Live Webcast Hearing On Motion for Preliminary Injunction. Presented by the ISBA Labor & Employment Section; co-sponsored by the ISBA Civil Practice Section. 8:55-4. Tuesday, 10/28/14- Teleseminar Fiduciary and Income Tax Issues in Estate Planning-Part 1. Presented by the Illinois State Bar Association Wednesday, 10/29/14- Teleseminar Fiduciary and Income Tax Issues in Estate Planning-Part 2. Presented by the Illinois State Bar Association November Wednesday, 11/5/14- Webinar Introduction to Fastcase Legal Research. Presented by the Illinois State Bar Association Complimentary to ISBA Members Only. 11:00. Thursday, 11/6/14- Springfield, President Abraham Lincoln Hotel Family Law Nuts & Bolts. Presented by the ISBA Family Law Section. 8:30-5:00. Friday, 11/7/14- Chicago, ISBA Regional Office Hot Topics for Your Practice Presented by the ISBA Civil Practice Section. 9-12:45. Friday, 11/7/14- Live Studio Webcast Juveniles, Psychotropics & The Law. Presented by the ISBA Child Law Section. 1:30-2:30. Monday, 11/10/14- Webinar Advanced Tips to Fastcase Legal Research. Presented by the Illinois State Bar Association Complimentary to ISBA Members Only. 11:00.

11 September 2014, Vol. 31, No. 1 Health Care Lawyer. ARE YOUR FEES RECOVERABLE? Find out before you take your next case. Guide to ILLINOIS STATUTES FOR ATTORNEYS FEES 2014 Edition Prepared and Edited by Timothy A. Slating Guide to ILLINOIS STATUTES FOR ATTORNEYS FEES 2014 Edition (statutes current thru ) NEW RELEASE! ILLINOIS STATE BAR ASSOCIATION IL Stat.Atty. Fee Cov.3 13.indd 1 1/8/14 8:51 AM GUIDE TO ILLINOIS STATUTES FOR ATTORNEYS FEES 2014 Edition (statutes current thru ) The new edition of this essential guide lists all provisions in the Illinois Compiled Statutes that authorize the court to order one party to pay the attorney fees of another. No matter what your practice area, this book will save you time and could save you and your clients money! In the 2014 edition you ll find new and updated listings on recoverable fees under the Uniform Commercial Code, Collection Agency Act, Public Aid Code, Code of Criminal Procedure, Code of Civil Procedure, Health Care Services Act, Labor Dispute Act, and many other statutes. This easy to use guide is organized by ILCS Chapter and Act number, and also includes an index with an alphabetical listing of all Acts and topics. It s a guide no lawyer should be without. Need it NOW? Also available as one of ISBA s FastBooks. View or download a pdf immediately using a major credit card at the URL below. FastBooks prices: Guide to Illinois Statutes for Attorneys Fees Edition $35.00 Members/$50.00 Non-Members Order at or by calling Janet at Guide to Illinois Statutes for Attorneys Fees Edition $37.50 Members/$52.50 Non-Members (includes tax and shipping) Illinois has a history of some pretty good lawyers. We re out to keep it that way. 11

12 Health Care Lawyer Illinois Bar Center Springfield, Illinois September 2014 Vol. 31 No. 1 Non-Profit Org. U.S. POSTAGE PAID Springfield, Ill. Permit No. 820 Order Your 2015 ISBA Attorney s Daily Diary TODAY! It s still the essential timekeeping tool for every lawyer s desk and as user-friendly as ever. As always, the 2015 Attorney s Daily Diary is useful and user-friendly. It s as elegant and handy as ever, with a sturdy but flexible binding that allows your Diary to lie flat easily. The ISBA Daily Diary is an attractive book, with a sturdy, flexible sewn binding, ribbon marker, and elegant silver-stamped, burgundy cover. Order today for $28.45 (Includes tax and shipping) The Diary is especially prepared for Illinois lawyers and as always, allows you to keep accurate records of appointments and billable hours. It also contains information about Illinois courts, the Illinois State Bar Association, and other useful data. 5 The 2015 ISBA Attorney s Daily Diary ORDER NOW! Order online at https://www.isba.org/store/merchandise/dailydiary or by calling Janet at

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