Health Law Reporter Index-Summary

AARP

– “Filed rate” doctrine bars fiduciary duty breach suit against trust for approving insurance premium rates (S.D.N.Y.), 1443
– Health reform progress possible, legislative agenda briefing, 27

ABA

See AMERICAN BAR ASSOCIATION (ABA)

ABORTION

– Alaska parental notice ballot initiative moves forward, 955
– Ariz., restrictions on access, new laws challenged by 2 suits (D. Ariz.) (Ariz. Super. Ct.), 1268; preliminary injunction granted (Ariz. Super. Ct.) but denied in related case (D. Ariz.), 1343
– Discovery of nonparty medical records is not permitted in parents' suit against Planned Parenthood (Ohio), 913
– Health care reform and use of federal funds

See LEGISLATION, FEDERAL, HR 3962

– Health care workers who refuse to participate

– – Challenge to HHS rule barring retaliation by Conn. attorney general joined by other states (D. Conn.), 109
– – La. protection law signed by governor, 988
– – “Right of conscience” rule under review, opponents pleased by possible rescission, 304; HHS proposes rescission, 347

– Ill., parental notification law constitutional (7th Cir.), 988
– Mass. reproductive health clinic buffer zone law challenge rejected (1st Cir.), 954
– Mo., clinics that provide medication but not surgical services may not pursue state claims challenging law requiring ASC licenses because duplicative of federal lawsuit (Mo. Ct. App.), 1127
– N.D., clinic need not provide auscultation of fetal heart tones, statute informational only (N.D. Dist. Ct.), 1155
– Oakland, Cal., injunction denied against “bubble” ordinance creating buffer zone around people seeking access to reproductive health clinics (N.D. Cal.), 1377
– Ohio, RU-486 cannot be prescribed for off-label uses, 49-day gestational limit applies (Ohio), 920; permanent injunction vacated and suit remanded to district court (6th Cir.), 1094
– Okla., clinic suit claiming law restricting use of RU-486 and requiring ultrasound with detailed description of image violates state constitution and privacy rights allowed to proceed (Okla. Dist. Ct.), 304; pre-abortion ultrasound law violates state constitution, 1154; temporary restraining order blocks enforcement of new restrictions, 1452
– Resident training advocate may pursue claims against officials and individuals who allegedly conspired to have his employment terminated (D. Ariz.), 391
– S.D., portions of informed consent law violate First Amendment rights of physicians (D.S.D.), 1153
– Third trimester, Fla. Bd. of Medicine discipline of physician who performed surgery in clinic upheld (Fla. Dist. Ct.), 978
– Va., “partial birth infanticide” law upheld (4th Cir.), 861
– World family planning aid ban reversed, 129

ABUSE

– Drugs and alcohol

See SUBSTANCE ABUSE

– Elderly

See ELDER ABUSE

– Fraud

See FRAUD AND ABUSE

ACADEMIC MEDICAL CENTERS (AMCs)

See generally TEACHING HOSPITALS

ACCESS TO CARE

– Alaska agency and HHS Civil Rights Off. sign equal transportation access agreement to benefit disabled nursing home residents, 561
– Cal., managed care regulators issue rules on timely access to nonurgent care, 189
– Tex. Medicaid recipients, case seeking to raise reimbursement rates for rural providers fails (5th Cir.), 359

ACCOUNTING

– Fraud, commissioner must consider reducing personal property tax assessment on ground excess taxable value was reported as part of scheme (Ohio), 265
– Natl. Century Fin. Enter. Inc. executives get lengthy prison terms for roles in scheme (S.D. Ohio), 443

ACCREDITATION AND CERTIFICATION

– Clinical laboratories, CLIA certification

See CLINICAL LABORATORIES

– Conn., certificate of good faith filed after transfer of malpractice case from federal court in another state timely (D. Conn.), 1265
– DME, requirement that pharmacies selling to Medicare beneficiaries be accredited delayed, president signs new law, 1403
– FDA applications, certifications and penalties

See LEGISLATION, FEDERAL, S 882

– Staff privileges

See STAFF PRIVILEGES

– Washington

– – Certificate of merit prior to filing medical malpractice lawsuit ruled unconstitutional (Wash.), 1261
– – Long-term caregivers ballot initiative requiring training and certification upheld (Wash.), 190

– Wife of rehabilitation company owner liable for signing and certifying cost reports (E.D. Mich.), 1077

ACQUISITIONS

See MERGERS AND ACQUISITIONS

ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

ADMINISTRATIVE LAW

– Exhaustion of remedies

See EXHAUSTION OF REMEDIES

ADVERSE EVENTS

See also MEDICAL ERRORS
– Florida Amendment 7, patient's constitutional right of access to records

See FLORIDA

– Hospital-acquired infections, 65 percent of institutions have not implemented all recommended policies, Leapfrog survey, 520
– N.H. governor signs new required reporting law, 1064

ADVERTISING

See also MARKETING
– Chiropractors' association may advertise and provide referrals without anti-kickback law penalties, advisory opinion, 1297

AGE DISCRIMINATION

– R.I., evidence of legitimate nondiscriminatory reason for terminating privileges not rebutted, state age bias claim fails (R.I. Super. Ct.), 1504

AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Alaska hospital settlement of suit alleging bias in layoff and rehiring of surgery aides and anesthesia technicians during operating room restructuring approved (D. Alaska), 755
– Jury award to fired nurse upheld (3d Cir.), 455
– Nurses allege termination due to bias and retaliation for reporting unsafe conditions (D. Colo.), 968
– Orthopedic surgeon fired at age 71 fails to show bias in hospital restructuring (S.D.N.Y.), 1468
– RIF'd physical therapy technician may pursue failure-to-rehire claim but wrongful discharge claim fails (6th Cir.), 1201
– Wellness programs, legal issues analyzed by Cong. Research Service report, 908

AHA

See AMERICAN HOSPITAL ASSOCIATION (AHA)

AHLA

See AMERICAN HEALTH LAWYERS ASSOCIATION (AHLA)

AIDS AND HIV

– Discrimination, Tex. surgeon agrees to training in order to treat patients with HIV in settlement of HHS civil rights case (HHS OCR), 1393
– Misdiagnosis suit dismissed, physical danger required for negligent infliction of emotional distress claim (D.C.), 1342
– Norvir and Kaletra

– – Bundled discounts and combination products, implications of Norvir, BNA Analysis & Perspective, 1128
– – Leverage of monopoly power in one drug product market to raise prices of related drug does not violate Sherman Act (9th Cir.), 935

– Patient assistance program, nonprofit group can help needy patients pay cost-sharing amounts for advanced diagnostic testing without risking penalties, advisory opinion, 686
– Privacy rights

– – Physician misconduct investigation, doctor must produce medical and billing records to state medical board (N.Y. App. Div.), 1176
– – VA doctor did not violate by revealing employee's HIV status and marijuana use to union representative (U.S., rev den), 132

– Ryan White Comprehensive HIV/AIDS programs

– – House temporary funding measure

See LEGISLATION, FEDERAL, HR 2918

– – Reauthorization extension

See LEGISLATION, FEDERAL, HR 3792, S 1793

– – Senate approves funding extension, 1327

ALABAMA

– HealthSouth, conviction of former official upheld, but former governor entitled to re-sentencing after one mail fraud count dropped (11th Cir.), 364; appeals by both defendants, 2 cases (U.S., rev sought), 1110
– Kyphoplasty, hospitals agree to pay to settle FCA allegations (W.D.N.Y.), In Brief, 777
– Medicaid drug price litigation

– – AstraZeneca, GlasxoSmithKline and Novartis win on appeal, verdict reversed (Ala.), 1400
– – Drug makers settle (Ala. Cir. Ct.), In Brief, 25
– – Sandoz, jury awards $78.4M (Ala. Cir. Ct.), 247
– – Six more drug makers settle (Ala. Cir. Ct.), 687

– Mentally retarded Medicaid applicants who were denied without proper notice or whose eligibility determinations were delayed may pursue class action against officials (M.D. Ala.), 635
– Peer review privilege invoked by medical school director who refused to provide information to another hospital does not violate supremacy clause of constitution (11th Cir.), 703; (U.S., rev sought), 1341
– Res ipsa loquitur does not apply, expert testimony required in case alleging injury from steroid epidural (Ala.), 704
– Uninsured or “self-pay” patients overcharging alleged, claims may not be pursued on class basis (Ala.), 1266

ALASKA

– Abortion, parental notice ballot initiative moves forward, 955
– Nursing homes, state agency and HHS Civil Rights Off. sign equal transportation access agreement to benefit disabled residents, 561

ALFs

See ASSISTED LIVING FACILITIES (ALFs)

ALTERNATIVE DISPUTE RESOLUTION (ADR)

– Arbitration

See ARBITRATION

ALTERNATIVE MEDICINE

– Approaches to cut costs advocated by speaker at Senate hearing, 285

AMA

See AMERICAN MEDICAL ASSOCIATION (AMA)

AMBULANCE SERVICES

– Air ambulance coverage denial not arbitrary (S.D. Ohio), 730
– EMTALA covers patient in ambulance allegedly turned away by hospital (U.S., rev den), 68
– Exclusive contract agreements between ambulance companies and local governments allowed, advisory opinions, 1204
– Hospital's proposal to subsidize cooperative no basis for sanctions, advisory opinion, 1140
– Joint venture arrangement to serve county allowed, advisory opinion, 1364
– Pilot for air ambulance service fired after making complaints about aircraft safety entitled to reinstatement, back pay, and emotional distress damages (DOL ARB), 937
– Villages' arrangement for insurance-only billing for backup transportation not ground for penalties, advisory opinion, 592

AMBULATORY CARE

– Adverse events at ASCs, N.H. governor signs new required reporting law, 1064
– Carilion Clinic's acquisition of outpatient clinics harms competition in Roanoke area (FTC), 1011; firm agrees to divest two outpatient clinics, 1361
– Corporate practice of medicine, state licensing law allows nonphysicians to operate outpatient treatment center (Ariz. Ct. App.), 43
– Ill. physician trying to prevent partners from forcing him to liquidate his partnership interest did not establish Anti-Kickback Act cause of action (7th Cir.), 882
– Joint venture between hospital and orthopedic surgeons group to own ASC poses minimal risk of fraud, advisory opinion, 1045
– Mo., abortion clinics that provide medication but not surgical services may not pursue state claims challenging law requiring ASC licenses because duplicative of federal lawsuit (Mo. Ct. App.), 1127
– N.J., legislature approves safe harbor bill for ASCs in which referring physician has financial interest, 184; new law signed by governor, 395
– Retail clinics

See LIMITED SERVICE CLINICS (LSCs)

– Sexual harassment by male supervisor at private surgery center, settlement of Equal Employment Opportunity Comm'n suit on behalf of female nurses approved (S.D. Tex.), 491

AMCs (ACADEMIC MEDICAL CENTERS)

See generally TEACHING HOSPITALS

AMERICAN BAR ASSOCIATION (ABA)

– Conferences

See CONFERENCES AND MEETINGS

– FTC “red flag rules,” suit challenges application to practicing lawyers (D.D.C.), 1187

AMERICAN HEALTH LAWYERS ASSOCIATION (AHLA)

– Conferences

See CONFERENCES AND MEETINGS

– Stark Law reform proposals welcome but have little chance of success, lawyers say, 1105

AMERICAN HOSPITAL ASSOCIATION (AHA)

– Antitrust, report seeks more scrutiny of health insurance plan mergers, 621
– Health care reform

– – Hospital groups agree to Medicare and Medicaid reductions in order to help funding, 942
– – Independent Medicare Advisory Council (IMAC) to set reimbursement rates meets resistance, 1017
– – Senate Fin. Comm. urged not to cut hospitals' Medicare payments, 724

– Labor law rights notices required of federal contractors and subcontractors, AHA and human resources group ask Labor Dep't to change text, 1218
– “Most wired” list released, 907
– Tax-exempt bonds, AHA asks Frank (D-Mass) to include in any legislation to provide temporary relief to municipal securities market, 674

AMERICAN MEDICAL ASSOCIATION (AMA)

– Conferences

See CONFERENCES AND MEETINGS

– Electronic medical record breaches, AMA delegates approve guidance, 832
– Health care reform

– – Delegates support reform, 832
– – Pres. Obama defends Medicare cuts and public plan option, 797
– – Pushes for passage of House bill

See LEGISLATION, FEDERAL, HR 3200

– Out-of-network fees

– – Federal class actions filed against Aetna and CIGNA, 2 cases (D.N.J.), 219
– – Wellpoint sued by AMA and several state medical groups (C.D. Cal.), 434

– Physician conduct, Joint Commission disruptive physician standards compared to AMA code, 1075
– Prescription data restriction program meets Mass. gift rules, 1016

AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– COBRA subsidy discussed by administration officials, 634
– Data breach notification mandate hailed and criticized, 275; correction, 335
– DSHs, states can access stimulus funds to help cover uninsured, 405
– Electronic medical records

– – Due process and privacy challenge to stimulus provision, proposed class action filed (S.D.N.Y.), 906
– – Federal role expanded, attorney says, 661
– – “Meaningful use” definition key to success, attorneys raise questions, 719; policy committee drafts proposal, 794; advisory panel relaxes some elements, 972; payment estimates in flux, 1440
– – Proposed rules planned for 2009, 595
– – Statutory mandate, challenges of implementation considered, 660

– Expansion of federal fraud laws to cover stimulus package funds

See LEGISLATION, FEDERAL, HR 1748, S 386

– Health information technology, quick action by state leaders needed to tap funds, 289
– HHS Inspector Gen., annual work plan for FY2010 includes mandated reviews, 1340
– HIPAA

– – BNA audioconference, 350
– – Contract and policy changes needed, lawyers say, 495
– – Enforcement will strengthen with more funds, speaker says, 333
– – Expect strong data breach enforcement from states, lawyer says, 693
– – Guidance on methods to protect information issued by HHS, 523; stakeholders need more specifics, 691
– – HHS Civil Rights Office to enforce security rule, 1049
– – Privacy and security laws enforcement, new liability and compliance challenges, BNA Analysis & Perspective, 1273
– – Regulation and enforcement, BNA Analysis & Perspective, 308
– – Understanding and implementing breach notification rules, BNA Analysis & Perspective, 1234

– Medicaid will receive first disbursement of $15B, announcement by President Obama, 249
– NIH stimulus will go to “good science,” official tells panel, 429
– Wage cuts for Medi-Cal home care workers

See CALIFORNIA

– Whistleblower provision protects employees who expose violations, 246

AMERICANS WITH DISABILITIES ACT (ADA)

– Alaska agency and HHS Civil Rights Off. sign equal transportation access agreement to benefit disabled nursing home residents, 561
– Attention deficit hyperactivity disorder, emergency room doctor can proceed to trial with claims (W.D. Pa.), 490
– Back surgery, orthopedic surgeon fired at age 71 fails to show bias in hospital restructuring (S.D.N.Y.), 1468
– Cal., adult day health care cuts stopped by injunction (N.D. Cal.), 1257
– Cancer

– – Survivor denied accommodation and fired, Equal Employment Opportunity Comm'n and hospital agree to settle (W.D. Pa.), 653
– – Treatment ongoing, termination letter assumed clerk was too sick to work, settlement approved (D. Md.), 1013

– Driving not major life activity, county nurse's anxiety claim fails (7th Cir.), 552
– “Effective communication” with deaf patients

– – “Deliberate indifference” alleged, claims reinstated (2d Cir.), 1359
– – Emotional distress and punitive damages awarded in suit against rheumatologist, appeal pending (N.J. Super. Ct. App. Div.), 1359

– Interactive process for employee who needs accommodation required, licensed practical nurse's claims revived (6th Cir.), 722
– Stalking coworker and refusing to submit to psychiatric evaluation basis for firing, physician's claims rejected (S.D.N.Y.), 126
– Threats to kill coworkers alleged, anesthesiologist fails to show firing was pretext for unlawful discrimination (7th Cir.), 863; (U.S., rev sought), 1468
– Tremor, anesthesiologist's termination claim rejected due to failure to prove he was employee of hospital (N.D. Ind.), 181
– Wash. law cutting reimbursement to those who provide personal care services to relatives challenged, no violations shown (W.D. Wash.), 1120; stayed pending appeal, 1407
– Wellness programs, legal issues analyzed by Cong. Research Service report, 908

ANALYSIS & PERSPECTIVE

– Accountable care organizations and bundled payments in health reform: observations and implications, 1417
– Antitrust aspects of health information sharing by public and private health insurers, 990
– ARRA 2009 and HITECH Act, the next phase of HIPAA regulation and enforcement arrives, 308
– Bundled discounts and combination products: implications of Norvir for drug manufacturers, 1128
– De-identified health information regulation, how N.H. is getting it wrong and HIPAA got it right, 472
– Health care reform initiative redux and the Senate Fin. Comm. markup, 1345
– Health information technology managers face “triple threat,” 537
– Heightened enforcement of privacy and security laws creates new liability and compliance challenges for providers and business associates, 1273
– Hospital-medical staff relationships, shifting balance of power, 608
– Identity theft red flags, a health insurer's compliance obligations, 1380
– Key nonprofit corporate law developments, 73
– Legal issues in achieving quality and cost efficiency: the need for a rebuttable presumption, 740
– Medicare Recovery Audit Contractors, RAC'ing in the money, 573
– Recent corporate governance developments relevant to nonprofits, 776
– Understanding and implementing new health care breach notification rules, BNA Analysis & Perspective, 1234

ANESTHESIOLOGY SERVICES

– ADA claim based on tremor, anesthesiologist's termination claim rejected due to failure to prove he was employee of hospital (N.D. Ind.), 181
– Arbitration clause in agreement between hospital and contractor does not bind anesthesiologist (Fla. Dist. Ct. App.), 327
– Burden of proof, hospital peer review committee erred in ruling anesthesiologist had to prove she did not mishandle controlled substances (Cal. Ct. App.), 844
– Drug and alcohol dependence, plan administrator abused discretion when it relied solely on peer reviews in denying anesthesiologist's claim for partial disability benefits (W.D. Mich.), 133
– Steroid epidural injury alleged, expert testimony required (Ala.), 704
– Threats to kill coworkers alleged, anesthesiologist's ADA claim fails (7th Cir.), 863; (U.S., rev sought), 1468

ANTI-KICKBACK LAWS

– Ambulance services

– – Exclusive contract agreements between ambulance companies and local governments allowed, advisory opinions, 1204
– – Hospital's proposal to subsidize cooperative no basis for sanctions, advisory opinion, 1140
– – Joint venture arrangement to serve county allowed, advisory opinion, 1364
– – Villages' arrangement for insurance-only billing for backup transportation not ground for penalties, advisory opinion, 592

– Blood pressure screenings free to all walk-in visitors to hospital allowed, advisory opinion, 1078
– Cal., kickbacks for use of companies' joint replacement products, claims alleging state unfair competition law violated by scheme allowed (N.D. Cal.), 1204
– Call coverage, on-call payments for physicians who treat uninsured patients allowed, advisory opinion, 683
– Celexa and Lexapro allegedly marketed for pediatric patients, U.S. intervenes in whistleblower suits, 2 cases (D. Mass.), 283
– Chiropractors' association may advertise and provide referrals without penalties, advisory opinion, 1297
– Criminal conspiracy complaints against joint implant makers dismissed due to business practice reforms, 4 cases (D.N.J.), 457
– Diabetes Treatment Centers, suit settles (M.D. Tenn.), 365
– Employment of mental health practitioner who was paid “market value” for building does not violate law, advisory opinion, 456
– ESRD, nutritional supplement program expansion not basis for penalties, advisory opinion, 902
– Foreign Corrupt Practices Act

See FOREIGN CORRUPT PRACTICES ACT (FCPA)

– Gainsharing

See GAINSHARING

– Group practice investment arrangement not subject to sanctions although one requirement of safe harbor not met, advisory opinion, 57
– Iowa hospital agrees to pay to resolve allegations about financial relationship with physicians, 1141
– Joint venture between hospital and orthopedic surgeons group to own ASC poses minimal risk of fraud, advisory opinion, 1045
– LTC, nursing chain agrees to pay to resolve allegations (N.D. Miss.), 1367
– Medigap insurers contracting with hospitals to create preferred provider networks no basis for sanctions, advisory opinion, 1046
– Omnicare Inc. agrees to pay to settle kickback allegations (D. Mass.), 1469
– One-third/one-third test, physician trying to prevent partners from forcing him to liquidate his partnership interest did not establish federal cause of action (7th Cir.), 882
– Orthopedic device makers win dismissal of suit alleging kickbacks and other violations (W.D. Pa.), 425
– Patient assistance programs

– – Nonprofit group can help needy patients pay cost-sharing amounts for advanced diagnostic testing for HIV and colon cancer without risking penalties, advisory opinion, 686
– – Part D copayment subsidy for needy patients by state board would not merit penalties, advisory opinion, 1109
– – Pharmaceutical company may provide certain products to large DSH hospitals without penalties, advisory opinion, 1046

– “Pay to play,” cardiologists' access to outpatient testing unit allegedly tied to revenues generated for hospital, claim allowed to proceed (S.D. Ohio), 93; request to certify interlocutory appeal denied, 328; motion to dismiss denied, 656
– Personal services exception, hospital fails to demonstrate arrangement with anesthesiology group qualifies (3d Cir.), 121
– Self-disclosure protocol being refined to include kickbacks related to referrals, IG Open Letter, 427
– Sham leases alleged, Ill., radiology centers agree to pay to settle charges (Ill. Cir. Ct.), 155
– SNFs, complimentary local transportation for friends and families of residents not subject to penalties, advisory opinion, 362
– Tex. hospital group agrees to pay to resolve charges (S.D. Tex.), In Brief, 1470
– Tulare, Cal., Healthcare District settles suit (C.D. Cal.), In Brief, 1016

ANTIBIOTICS

– Cipro patent litigation settlement did not illegally restrain trade (U.S., rev den), 823
– Methicillin-resistant Staphylococcus aureus infections, new Wash. law requires hospitals to report, 598

ANTITRUST

– Acquisitions

See generally MERGERS AND ACQUISITIONS

– Arbitration, judge in multidistrict litigation cannot vacate pre-transfer ruling, order to compel reinstated (3d Cir.), 1291
– Beckton Dickinson & Co. announces settlement of direct purchasers' class action (D.N.J.), 589; health care plaintiffs object to settlement and seek injunction, 625
– Bush administration guidance on enforcement of single-firm conduct and response from FTC commissioners repudiated by Obama administration official, 623
– Catheters

– – Hospital's suit against C.R. Bard dismissed for lack of proof (E.D. Mo.), 1292
– – Rochester Medical Corp. settles claims against Tyco/Covidien (E.D. Tex.), 125

– Clinical integration

– – Md. will not trigger FTC challenge, advisory opinion, 487
– – New guidance on avoiding price-fixing charges, advisory opinion, 587

– Dialysis services company may amend complaint to cure Sherman Act pleading deficiencies but predatory hiring allegations fail (D. Colo.), 1165
– Drugs and pharmaceuticals

– – AndroGel

See GENERIC DRUGS

– – Average wholesale price inflation of prostrate cancer treatment, $12.9M judgment against AstraZeneca affirmed (1st Cir.), 1289
– – Bundled discounts and combination products, implications of Norvir, BNA Analysis & Perspective, 1128
– – BuSpar and Taxol, Bristol-Myers settles charges of violating earlier suits by failing to report patent litigation deals to states, 26
– – Cipro patent litigation settlement did not illegally restrain trade (U.S., rev den), 823
– – Direct buyers have standing to raise claims in cases involving patents declared unenforceable due to inequitable conduct (2d Cir.), 1394
– – Generic drugs, reverse or exclusionary payments settlement ban

See LEGISLATION, FEDERAL, HR 1706

– – Institutional pharmacy's price conspiracy claim against merged insurers dismissed (N.D. Ill.), 123
– – Internet pharmacy's Sherman Act claims against PBMs time-barred (U.S., rev den), 1465
– – K-Dur 20, class of potassium supplement direct purchasers certified (D.N.J.), 55
– – Leverage of monopoly power in one drug product market to raise prices of related drug does not violate Sherman Act (9th Cir.), 935
– – Lundbeck Inc. pricing practices, 2 cases set for trial (D. Minn.), 1011
– – Ovation Pharmaceuticals sued by FTC and state attorney general for alleged attempt to eliminate competition in drug for premature infants, 2 cases (D. Minn.), 23
– – Pfizer Inc. and Wyeth, pharmacists allege reduced competition violations (N.D. Cal.), 1140; complaint dismissed, 1396
– – Plasma derivative protein therapies, class actions allege Baxter and Victoria engaged in anticompetitive conspiracy (N.D. Ill.), 1465
– – Premature infant drug monopoly alleged, copy of assignment from direct purchaser belatedly submitted sufficient to establish standing (D. Minn.), 1433
– – Price publishers, revised settlement of class action against First DataBank Inc. and Medi-Span approved (D. Mass.), 363; pharmacy industry attempt to overturn settlement fails (1st Cir.), 1202
– – Wellbutrin XL direct purchaser suit alleging delay of generic may proceed (E.D. Pa.), 389

– GPOs, financial relationships data requested by Senate panel, 1108
– “Groundless claim” not shown, successful defense of trade practices case does not warrant attorney' fees or sanctions (D. Minn.), 942
– Health care market, Senate hearing on competition, 971
– Health information sharing by public and private health insurers, BNA Analysis & Perspective, 990
– Health insurance

– – Anti-assignment of benefits provision does not violate state unfair competition law (Cal. Ct. App.), 595
– – Insurance agency's group boycott claims against Anthem BCBS dismissed (6th Cir.), 22
– – Minn. warned by FTC staff about exemptions for health care cooperatives, 389
– – Repeal of McCarran-Ferguson Act for health and malpractice insurers

See LEGISLATION, FEDERAL, HR 3596, S 1681

– HMO and PPO market concentration effect varies, GAO report, 1198
– Horizontal and vertical integration of health care providers, positive and negative effects considered by MedPAC, 1363
– Hospitals

– – AHA report seeks more scrutiny of anticompetitive conduct, 621
– – Economic credentialing policy to deny privileges to physicians who hold ownership interests in competing facilities enjoined (Ark. Cir. Ct.), 296
– – Medical and surgical supplies exclusive joint purchasing agreement, no DOJ challenge, 1197
– – State hospital immune from certain federal claims by physician claiming oncology services monopoly (W.D. Wash.), 1394
– – Tex., large Houston system agrees to pay to settle state allegations (Tex. Dist. Ct.), 123
– – West Penn Allegheny Health System accuses UPMC and Highmark of conspiracy (W.D. Pa.), 551; monopolization claims dismissed, 1495

– Kickbacks for use of companies' joint replacement products, claims alleging state unfair competition law violated by scheme allowed (N.D. Cal.), 1204
– LSCs

See generally LIMITED SERVICE CLINICS (LSCs)

– Mergers

See generally MERGERS AND ACQUISITIONS

– Noncompete agreements

See NONCOMPETE CLAUSES

– Nurses' wages

– – Chicago-area wage suppression suit denied class certification (N.D. Ill.), 1324
– – Detroit hospitals and RNs seek court approval of settlement (E.D. Mich.), 423
– – RNs and Albany hospitals seek approval of proposed settlement (N.D.N.Y.), 327
– – Unionized hospital is not entitled to dismissal of claims by RNs (E.D. Mich.), 424

– Orthopedic device makers win dismissal of suit (W.D. Pa.), 425
– Outlook 2009, top health law issues, 5
– Physicians

– – Admitting privileges lost, doctor appeals dismissal of claim for lack of proof of injury (S.D.N.Y.), 624
– – Adverse impact on OB/GYN services in area due to loss of staff privileges alleged, dismissal of physician's antitrust and damages claims affirmed (5th Cir.), 935; rehearing denied and standard of proof question clarified, 1179
– – Cal. and Colo. groups settle FTC price-fixing charges, 21
– – Cardiothoracic surgeons challenge exclusive contract between competing practice group and hospital, Sherman Act claims reinstated (2d Cir.), 897
– – In-house referral practices subject of suit by hospital (Cal. Super. Ct.), 763
– – Marketwide injury, nephrologist's claims against former practice allowed to proceed (S.D. Ohio), 791
– – Monopolization claims of nephrologist denied staff privileges after hospital recruited another physician as exclusive provider rejected (10th Cir.), 1323
– – North Tex. Specialty Physicians, price-fixing finding by FTC upheld (U.S., rev den), 243
– – Pain management specialist cannot show proof of monopoly where health care network refused to add him to radiologists list (Tex. App.), 824
– – Pediatric hematology group's suit survives dismissal based on pending appeal in state court (D. Haw.), 91
– – Peer review action resulting in suspension from handling trauma and emergency cases, claim dismissed for failure to show restraint of trade or monopoly attempt (M.D. Fla.), 603
– – Price-fixing claims against Oakland, Cal., independent practice association settlement proposed (FTC), 753
– – State action doctrine bars antitrust claims against county hospital official and committee members (E.D. Tenn.), 515; defendant physicians may not recover attorneys' fees and costs under HCQIA, 734

– Pulse oximeters maker failed to show competitor's bundling agreements had sufficient impact on market, jury award partially vacated (9th Cir.), 1467
– Tying, eye surgery instrument maker's suit dismissed for failure to plead price coercion, reconsideration denied (S.D.N.Y.), 1165
– Workers' compensation fund did not violate Cal. law by use of BCBS to handle claims (Cal. App. Ct.), 1213

ANY WILLING PROVIDER (AWP) LAWS

– Ark., providers may pursue claims against health insurers in state court (8th Cir.), 61

APPEALS

– Dual-role administrators

See ERISA

– Expert reports to establish standard of care

– – Extension of time to file, interlocutory review allowed (Tex.), 70
– – Mandamus not appropriate for 30-day grace period to amend (Tex.), 138
– – Refusal to dismiss based on inadequate report can be appealed after plaintiff nonsuits case before trial, fee request allowed (Tex.), 950

– Fair share laws enforcement

See ERISA

– Interlocutory

– – Certification denied in suit on cardiologists' access to outpatient testing unit allegedly tied to revenues generated for hospital (S.D. Ohio), 328; motion to dismiss denied, 656
– – Extension of time to file standard of care expert report, review allowed (Tex.), 70
– – Medical monitoring claim for unapproved stents implanted in children allowed, 2 cases certified for appeal (E.D. Pa.), 1228

– Judicial review of Medicaid benefit termination due to residuary trust available because claims “remedial” (10th Cir.), 99
– PRRB procedural rules, denial of hospitals' reimbursement claims upheld due to failure to follow directions for reinstating appeal (D.C. Cir.), 703
– Qui tam actions, 30-day filing notice applies when U.S. does not intervene in FCA suit (U.S., judg aff), 757
– Recoupment of overpayments would be barred during requested redetermination, 1260
– Translator policy, review of HHS guidance denied due to lack of “ripeness” (9th Cir.), 408

ARBITRATION

– Anesthesiologist not subject to agreement between hospital and contractor (Fla. Dist. Ct. App.), 327
– ERISA

– – Benefits denial decision must be arbitrated despite violations (8th Cir.), 181; (U.S., rev den), 1361
– – Breach of contract claims brought against plan by provider are not preempted (9th Cir.), 1253

– Exempla Inc. opposition to transfer of Denver hospitals, binding arbitration set, 71; sale would violate Colo. nonprofit law, arbitrator says, 774; Exempla hospitals will be transferred to Catholic health system, 1152; Exempla board approves transfer, 1414
– Law of the case, judge in multidistrict litigation cannot vacate pre-transfer ruling, order to compel reinstated (3d Cir.), 1291
– Modification of physicians' award against hospital for allegedly interfering with their medical practices denied (6th Cir.), 20; Federal Arbitration Act inconsistent rulings argued on appeal (U.S. rev sought), 721; (rev den), 1323; remaining claims dismissed (E.D. Mich.), 1434; reconsideration denied, 1497
– Nursing homes

– – Fla., severance clause makes provision enforceable which would otherwise violate state law (Fla. Dist. Ct. App.), 1139
– – Ill. law bars pre-suit waiver of trial rights so clause unenforceable, federal law not preempted (U.S., rev den), 721; motion for reconsideration granted due to conflicting state appellate decisions (Ill.), 1107
– – Neb., agreement signed by son invalid because not condition of admission so authority lacking (Neb.), 1431
– – Not procedurally or substantively unfair, provision upheld (Ohio), 623
– – Tennessee

– – – Agreement unenforceable due to failure to show daughter held power of attorney (Tenn. Ct. App.), 823
– – – Failure to read, provision enforceable absent misrepresentation by facility (Tenn. Ct. App.), 1077
– – – Nursing home neglect, panel awards $2.8M (Tenn. Cir. Ct.), 1220

– Reinstatement of nurse's aide accused of hitting group home resident upheld due to lack of proof (C.D. Ill.), 207
– State law employment bias claims, agreement must be clear, female doctor not required to arbitrate (Mass.), 1044

ARIZONA

– Abortion

– – Restrictions on women's access, new laws challenged by 2 suits (D. Ariz.) (Ariz. Super. Ct.), 1268; preliminary injunction granted (Ariz. Super. Ct.) but denied in related case (D. Ariz.), 1343
– – Training for medical residents advocate may pursue claims against officials and individuals who allegedly conspired to have his employment terminated (D. Ariz.), 391

– Corporate practice of medicine, state licensing law allows nonphysicians to operate outpatient treatment center (Ariz. Ct. App.), 43
– Defamation, physician who reports alleged medical malfeasance to licensing board in good faith cannot be sued if report turns out to be false (Ariz. Ct. App.), 1184
– Emergency room doctors, new law raises burden of proof for medical malpractice suits, 1030
– Expert witness qualification standards statute does not violate state constitution (Ariz.), 375
– Medicaid, injunction requiring state to ensure disabled individuals have access to home- and community-based services reaffirmed (D. Ariz.), 562
– Spoliation of evidence claim dismissed, no state cause of action for intentional or negligent loss of allegedly defective prosthesis (Ariz. Ct. App.), 1183
– Subrogation, state health insurance plan may recoup medical care costs from third-party recovery (Ariz. Ct. App.), 1171
– Workers' compensation, independent medical examination physician liable for failure to diagnose spinal cord injury of patient who died of prescription drug overdose (Ariz. Ct. App.), 567

ARKANSAS

– Any willing provider law, providers may pursue claims against health insurers in state court (8th Cir.), 61
– Call hours excessive, trial court ordered to reduce amount of damages awarded to physician (Ark. Ct. App.), 1480
– Economic credentialing policy to deny privileges to physicians who hold ownership interests in competing hospitals enjoined (Ark. Cir. Ct.), 296
– Ephedrine or pseudoephedrine in OTC drugs, dismissal of Ark. counties' suit to hold drugmakers liable for effects of methamphetamine addiction affirmed (8th Cir.), 55
– Sexual assault of 6-year-old patient by hospital employee, jury verdict against insurer affirmed (Ark.), 301

ARMED SERVICES

– USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

ARRA

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

ASCs (AMBULATORY SURGICAL CENTERS)

See AMBULATORY CARE

ASSIGNMENT OF BENEFITS

– Anti-assignment provision does not violate state unfair competition law (Cal. Ct. App.), 595
– Out-of-network providers, new Fla. law requires insurers to pay providers directly, 801

ASSISTED LIVING FACILITIES (ALFs)

– Sequoias Portola Valley ALF workers choose Natl. Union of Healthcare Workers as bargaining agent, 1371
– Tex. law prohibits using staff members to provide nursing services to residents (Tex. Atty. Gen. Opinion), 1446

ASSISTED SUICIDE

– Conn., physicians seek declaratory judgment that state law does not prohibit prescribing drugs to mentally competent, terminally ill patients who want to die with dignity (Conn. Super. Ct.), 1375
– Mont., state constitution supports patient's right, stay denied (Mont. Dist. Ct.), 69
– Or., number increased in 2008, In Brief, 350
– Wash., proposed rules for physicians issued, 137; state medical association preparing legal guidance for doctors, 260

ATTORNEY-CLIENT PRIVILEGE

– Burden of proving plaintiff was original source in FCA case not met by asserting privilege to bar court from learning how her attorney first learned of billing practices (7th Cir.), 900
– General counsel must produce tax accrual work papers in response to IRS administrative summons, en banc decision (1st Cir.), 1163
– Private e-mails on company laptop, home health care agency not entitled to read e-mails between former employee and her lawyer in sexual harassment case (N.J. Super. Ct. App. Div.), 898

ATTORNEYS

– AHLA

See AMERICAN HEALTH LAWYERS ASSOCIATION (AHLA)

– Attorney-client privilege

See ATTORNEY-CLIENT PRIVILEGE

– Criminal prosecution of “indentured servant” immigrant nurses and their lawyer barred (N.Y. Sup. Ct.), 141
– Ex parte contact with plaintiff's nonparty physicians may not be barred, no HIPAA preemption (Tex.), 805
– Former general counsel of Tenet Healthcare ordered to pay $120,000 for inflated outlier revenues in SEC filings (C.D. Cal.), 922
– FTC “red flag rules,” ABA suit challenges application to practicing lawyers (D.D.C.), 1187
– Physician who submitted standard of care testimony may not represent plaintiffs as lawyer (Tenn. Ct. App.), 533
– Sanctions against HMO and its lawyers in underpayment class action vacated (3d Cir.), 1211

ATTORNEYS' FEES

– FICA tax refunds, hospitals that prevailed on their claims entitled to partial recovery (D.S.D.), 737
– “Groundless claim” not shown, successful defense of trade practices case does not warrant fees or sanctions (D. Minn.), 942
– HCQIA, physicians named in litigation brought by colleague may not recover fees and costs (E.D. Tenn.), 734
– Refusal to dismiss based on inadequate expert report to establish standard of care can be appealed after plaintiff nonsuits case before trial, fee request allowed (Tex.), 950
– Removal to federal court under ERISA unwarranted, award affirmed (6th Cir.), 28
– Same juror rule, award in sexual harassment suit remanded because court barred juror who voted against punitive damages from participating in calculation of award (Ohio Ct. App.), 937
– “Utterly frivolous” MSP qui tam suits, sanctions imposed (U.S., rev den), 136

AUDITS

– Clinical trials, BNA audioconference, 45
– HealthSouth, Ernst & Young settlement of securities class action approved (N.D. Ala.), 442; bar order against former CEO affirmed and rejection of untimely bid to opt out of bondholder class affirmed (11th Cir.), 883
– Recovery audit contractors (RACs)

See RECOVERY AUDIT CONTRACTORS (RACs)

– Tenn. law on recovery of erroneous payments made by insurers

See TENNESSEE

AUTISM

– Applied behavior analysis therapy

– – Consumer group asks court to order Cal. managed care agency to require coverage (Cal. Super. Ct.), 907
– – Equitable relief unavailable under ERISA for plan participant alleging administrator breached fiduciary duty in classifying treatment as experimental (E.D. Mich.), 369; class certification denied, 461
– – Summary plan description does not trump plan which is silent on issue of administrator discretion, no deference due decision to deny payment for treatment (D. Or.), 368
– – Treatment policy, public interest group threatens suit if Cal. plans allowed to reclassify as “educational,” 293; state agency informs plans they may not categorically deny particular treatments and says rulemaking will follow, 371

– Colo., governor signs bill requiring coverage for children with autism spectrum disorders by group health insurance policies, 765
– N.J. governor signs screening and therapy coverage law, 1172

AWP LAWS

See ANY WILLING PROVIDER (AWP) LAWS