Author: Adrienne Hersh, JD, ICS Legal Counsel

Can I Pay for Positive Online Reviews?

Online reviews are treated as promotional material and are covered by federal and state laws and regulations prohibiting deceptive advertising. Federal Trade Commission Endorsement Guidelines state that it is a deceptive practice to provide an endorsement for a product or service that fails to disclose material connections between the endorser and the sponsoring advertiser. Health care providers must be especially careful, because advertising violations also may subject their licenses to discipline under the state Medical Practice Act and other consumer fraud laws.

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Consolidation of Agencies

On July 1, 2004, Governor Rod Blagojevich issued Executive Order 2004-6, which consolidated the Department of Professional Regulation, the Department of Insurance, the Department of Financial Institutions and the Office of Banks and Real Estate into the newly created Department of Financial and Professional Regulation (DFPR). Fernando Grillo, Director of the former Department of Professional Regulation, has been appointed to serve as the Secretary of the new “super-agency.” Some of you may recall that Col. Mills and I met with then-Director Grillo last year to discuss issues of mutual interest, and we have continued to maintain open and constructive communication with the Department.

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Applying for a License in Illinois

Under the Medical Practice Act of 1987, the Department of Financial and Professional Regulation (IDFPR) is responsible for regulating the practice of medicine, including the issuance of licenses and enforcement of laws that apply to licensees. The ICS has previously published an article entitled, “Administrative Investigations at the IDFPR: Know the Process and Handle With Care,” which details the enforcement process and is available to ICS members on the ICS website at www.ilchiro.org/.

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Chiropractic and Medicaid

Senate Bill 2840, spun by its drafters as the “Save Medicaid Access and Resources Together (SMART) Act,” has been passed by both houses of the Illinois legislature and is on its way to the Governor’s desk for signature. Despite vigorous lobbying efforts by the Illinois ChiropracticSociety and other health care provider groups, this bill limits and eliminates Medicaid coverage for a number of health care services. Unfortunately, Medicaid coverage for adult chiropractic services will be terminated effective July 1, 2012.

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Personal Injury Payment Red Flags

Once the case has been concluded, the amount of your payment depends on whether the settlement or judgment amount was enough to cover all of the bills in the case. Often it is not, which means you may file a petition to adjudicate your lien before the court, or you may negotiate with the attorney for the amount you are to receive, and you could receive a check for less than the full amount of your bill.

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