What’s New in Health Law

“Buzzwords and Conclusions without Facts” Insufficient to Support Antitrust Suit

A number of physicians and a urology group (“plaintiffs”) sued a health system for violations of the Illinois Antitrust Act. The plaintiffs claimed that the health system’s in-network status with an insurer, referral policies, and “market power in the physician services market” effectively eliminated competition. The trial court dismissed plaintiffs’ second amended complaint with prejudice and the appellate court affirmed. According to the appellate court, the complaint failed to allege facts to support plaintiffs’ conclusory statements that they “suffered an economic injury resulting from increased prices and lower output.” The court concluded that “buzzwords and conclusions without facts are insufficient to state a claim.”

Schacht v. Northshore Univ. Health Sys.

Check out this case and more on our What’s New page.

Question of the Week

Our hospital operates an emergency room and has an inpatient behavioral health unit. Our emergency room has evaluated a patient with mental illness on numerous occasions, typically on “emergency certificates” under our state law. In the past, this particular patient has been violent and assaultive toward staff in the emergency room. Under the Emergency Medical Treatment and Active Labor Act (“EMTALA”), are we permitted to refuse to admit this patient to our behavioral health unit the next time he comes to the emergency room with a psychiatric emergency?

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