HealthLawProf Blog

Editor: Katharine Van Tassel
Akron Univ. School of Law

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Tuesday, December 28, 2004

Illinois Referral Case: Split Opinion

As reported by Mealey's Legal News/Health Care:

SPRINGFIELD, Ill. — An Illinois appeals court in a divided Dec. 9 opinion held that a flat fee charged by the creator of a health network improperly required participating physicians to pay a fee for the referral of patients but affirmed that the plaintiffs were not entitled to recover fees already paid (Vine Street Clinic, et al. v. HealthLink Inc., No. 4-03-0876, Ill. App., 4th Dist.).

The decision is available here (PDF; Lexis/Nexis subscription required), here (requires WestLaw subscription), and here (slip opinion; free).

As the court wrote: "This case presents the question whether a company that creates a list of health-care providers that it makes available for a charge to members of health plans may enter into an agreement under which the health-care providers themselves would pay [a percentage fee] to be included on the list. We conclude the agreement improperly requires physicians to pay a fee for the referral of patients." [tm]

http://lawprofessors.typepad.com/healthlawprof_blog/2004/12/illinois_referr.html

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