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INDEX
Vol. 18, Nos. 1-44, pp. 1-1514
Jan. 8 - Nov. 12, 2009

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

    DAMAGES
      – ADEA, jury award to fired nurse upheld (3d Cir.), 455
      – Ala., Medicaid drug prices, AstraZeneca, GlasxoSmithKline and Novartis win on appeal, verdict reversed (Ala.), 1400
      – Average wholesale price inflation of prostrate cancer treatment, $12.9M judgment against AstraZeneca affirmed (1st Cir.), 1289
      – Boston neurosurgeon awarded $1.6M by jury in retaliation and hostile environment suit (D. Mass.), 243
      – Call hours excessive, trial court ordered to reduce amount of award to physician (Ark. Ct. App.), 1480
      – Cap applies to wrongful death claims where medical resident is “borrowed servant” (Wis.), 987
      – “Effective communication” with deaf patients, emotional distress and punitive award in suit against rheumatologist, appeal pending (N.J. Super. Ct. App. Div.), 1359
      – Emergency cesarean section not performed, jury award against physician and hospital who violated EMTALA by transferring woman whose infant died (N.D. Iowa), 373; jury verdict upheld but damages reduced, 668
      – Emotional distress, hospital employee whose health records were accessed by fellow workers may not recover due to failure to prove emotional injury (Iowa), 702
      – False claims, unaudited cost reports material in determining amount hospital management company officials ordered to pay (U.S., rev den), 282
      – HCQIA immunity, jury award against hospital and individuals who participated in peer review of cardiologist reversed (U.S., rev den), 138
      – Ky., Medicaid drug prices, jury award of $14.7M against AstraZeneca (Ky. Cr. Ct.), 1400
      – Liquidated, claim for alleged violation of confidentiality agreement unenforceable because award must be reasonably related to actual harm (Cal. Ct. App.), 139
      – Mammogram reading error, jury award to woman with incurable breast cancer upheld (Tenn. Ct. App.), 1125
      – Medicaid average wholesale drug prices
        – – Ala. jury orders Sandoz to pay $78.4M (Ala. Cir. Ct.), 247
        – – Wis. jury finds fraud by Pharmacia Corp. and awards $9M to compensate state (Wis. Cir. Ct.), 247
      – 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
      – Nurse debilitated after neurosurgeon used contraindicated dye awarded $38M by jury (Fla. Cir. Ct.), 410
      – Nursing home, most of compensatory damages allowed, but disfigurement award vacated due to lack of proof (Tenn. Ct. App.), 302
      – Okla., malpractice reform law signed by governor includes noneconomic damages cap, 735
      – Penalty for failure to settle applies only to insurer, cap applies to physician (Tex.), 343
      – Physical therapist's $100,000 judgment against male doctor who repeatedly hugged and kissed her upheld (D. Neb.), 1294
      – Pregnancy discrimination by oral and maxillofacial surgery practice, jury should consider punitive damages (8th Cir.), 1166
      – Pulse oximeters maker failed to show competitor's bundling agreements had sufficient impact on market, jury award partially vacated (9th Cir.), 1467
      – 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
      – Sexual harassment, nurse awarded $15M in suit against hospital (N.Y. Sup. Ct.), 277
      – Subrogation issues
      – Vicarious liability of hospital
        – – Jury verdict stands despite signed consent form containing independent contractor disclaimer (Ill. App. Ct.), 806
        – – Sexual assault of 6-year-old patient by employee, jury verdict against insurer affirmed (Ark.), 301
      – Washington
        – – Consumer protection law does not apply to surgery-related losses (Wash.), 1309
        – – Wrongful death claim by parent dependent on adult child's services upheld, order reversing jury award overturned (Wash.), 1262
      – Wrongful birth of child with Down syndrome, limit on post-majority economic damages denied (D. Md.), 1450
    DATABASES AND DATA BANKS
      – “Usual, customary, and reasonable” charges database
        – – AMA files class actions against Aetna and CIGNA over out-of-network fees, 2 cases (D.N.J.), 219
        – – Anthem Blue Cross allegedly uses flawed or manipulated database information, 2 cases (Cal. Super. Ct.) (C.D. Cal.), 1050
        – – Ingenix report released by Senate panel, 866
        – – Methodology challenge, provider must exhaust remedies, claim dismissed (D.N.J.), 496
        – – N.Y. settlement with UnitedHealth Group announced, 98; out-of-network providers, attorney general announces intent to sue HMO over use of Ingenix database, 188; Cuomo announces settlement with CIGNA and plans to sue Excellus, 218; Wellpoint settlement announced, 256; agreements with Excellus and Capital District Physicians' Health Plan announced, 370; Health Net agrees to pay and to end use of Ingenix database, 833
        – – Wellpoint sued by AMA and several state medical groups (C.D. Cal.), 434
    DEATH AND DYING
      – Assisted suicide
      – Hospice care
      – Right of sepulcher, hospital liable for misplacing remains of couple's infant (D. Haw.), 166
    DEBT COLLECTION
      – Asset test is not mandatory, hospital entitled to reimbursement for bad debts (D.D.C.), 1177
      – Charity care, court approves settlement between Ill. hospitals and undetermined class over billing overcharges and collection methods (Ill. Cir. Ct.), 106
      – Discovery, patient may obtain information on charges and discounts to prove unfair pricing claims (Fla. Dist. Ct.), 605
      – Dual eligibles
      – Nursing home did not necessarily violate law by insisting on personal payment if it was not condition of continued care (Kan. Ct. App.), 338
      – Usury, Minn. attorney general sues Allina Health System alleging excessive interest charged on debts (Minn. Dist. Ct.), 142; hospitals agree to reimburse patients charged more than 8 percent interest, 535
    DEDUCTIBLES
    DEFENSES
      – Ind., assumption of risk rejected in medical malpractice action but patient's knowledge can be shown based on understanding of risks from prior procedures (Ind.), 847
    DELAWARE
      – Medical monitoring claim for unapproved device implanted in infant allowed (E.D. Pa.), 342; cases certified for immediate appeal, 1228
      – Omnicare settles allegations of Medicaid overcharges by switching prescriptions, In Brief, 759
      – Privacy, BCBS fined for violations due to printing error leading to disclosure of personal health information, 65
    DEMONSTRATION PROJECTS
      – Clinical laboratories competitive bidding injunction kept intact although Congress repealed statute (S.D. Cal.), 440
      – Elective angioplasty, community hospitals without on-site cardiac surgery facilities may participate (N.J. Super. Ct. App. Div.), 1199
      – Gainsharing
        – – Current projects have structure and specific statutory requirements, 427
        – – Hospitals chosen, 1122
      – Patient safety and medical liability reform, states eligible for grants, 1266
      – Recovery audit contractors (RACs)
    DENTAL CARE
      – Congenital deformity of jaw, coverage for surgery may be mandated by state law (D. Or.), 1170
      – Corporate practice of medicine barred, business services agreements between orthodontists and Orthodontic Centers of Am. are illegal and unenforceable (5th Cir.), 42
      – Dental implant designer and adviser not liable for harm to injured patients (La. Ct. App.), 881
      – In-school dentistry, FTC staff urges La. legislature to reject bill prohibiting, 589
      – Medi-Cal eliminates dental and other optional benefits, suit by nonprofit community clinics fails (Cal. Super. Ct.), 872
      – Out-of-network dentists' inadequate payment claims against Wellpoint not barred by failure to exhaust administrative remedies (S.D. Fla.), 157
      – Pregnancy discrimination, dental assistant fired because she could not take X-rays of patients, claim rejected (Cal. Ct. App.), 1435
      – P.R. dental surgeons' claims handling suit against insurance companies should not have been remanded, Class Action Fairness Act may apply (1st Cir.), 1473
      – Sexual harassment and forcing female employees to participate in Church of Scientology religious practices, Chicago dentist will pay to settle suit (N.D. Ill.), 92
      – Staff privileges, dental surgeon's civil rights claims for denial of full medical staff membership properly rejected (10th Cir.), 372; (U.S., rev sought), 1087; (rev den), 1337
    DEVELOPMENTAL DISABILITIES
    DIABETES
      – Diabetes Treatment Centers, whistleblower suit settles (M.D. Tenn.), 365
    DIALYSIS
    DIETARY SUPPLEMENTS
    DISABILITY BENEFITS
      – Drug and alcohol dependence, plan administrator abused discretion when it relied solely on peer reviews in denying anesthesiologist's claim for partial disability (W.D. Mich.), 133
    DISABLED PERSONS
      See also REHABILITATION ACT
      – ADA
      – Ariz., injunction requiring state to ensure access to home- and community-based services reaffirmed (D. Ariz.), 562
      – De-institutionalization of mentally ill, advocacy groups urges more aggressive implementation of Olmstead decision, 874
      – “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
        – – Md. hospital settles charges, 1260
      – Haw., Medicaid managed care mandated enrollment allegedly violates “freedom of choice” provision, claims of disabled children and others allowed (D. Haw.), 700; temporary restraining order denied, 1147; certified question to Haw. Sup. Ct. on contractor eligibility issue, 1373
      – Home- or community-based care, TennCare settlement agreement modified by ruling that states are not required to provide certain levels of service (6th Cir.), 359
      – Ind. Medicaid agency should not be held in contempt for alleged violations of consent decree covering eligibility determinations (7th Cir.), 767
      – Mich., Medicaid officials must consider whether beneficiaries currently receiving Family Independence Program benefits qualify under disability-related category before terminating benefits, injunction granted (E.D. Mich.), 701
      – Plan acted arbitrarily when it refused to enroll participant's disabled adult son (N.D. Ill.), 437
      – Pregnancy discrimination, dental assistant fired because she could not take X-rays of patients, claim rejected (Cal. Ct. App.), 1435
      – Washington
        – – Adults, temporary restraining order bars eliminating services but class certification denied (W.D. Wash.), 982
        – – Children, temporary restraining order halts Medicaid funding cuts to in-home care (W.D. Wash.), 912; state agrees to restore services, 1407
        – – Medicaid adult day program rehabilitation therapy cuts enjoined (W.D. Wash.), 1222; negotiations continue, 1407
    DISCIPLINARY ACTIONS
      – Burden of proof, hospital peer review committee erred in ruling anesthesiologist had to prove she did not mishandle controlled substances (Cal. Ct. App.), 844
      – Cal., driving under influence arrests nexus sufficient to allow sanction for physician's off-duty conduct (Cal. Ct. App.), 1175
      – Fines
      – Fla., wrong-site errors law does not violate doctor's rights under state constitution (Fla. Dist. Ct. App.), 698
      – Hospitals fail to report physician sanctions, In Brief, 739
      – Ind. Medicaid agency should not be held in contempt for alleged violations of consent decree covering eligibility determinations for disabled persons (7th Cir.), 767
      – Iowa, state medical board has authority to discipline physician who did not seek to renew lapsed license (Iowa Ct. App.), 840
      – Kan., physician who was subjected to discipline by state licensing board after license had expired must pursue administrative remedies, suit dismissed (Kan.), 135
      – Lack of specificity, sanctions against HMO and its lawyers in underpayment class action vacated (3d Cir.), 1211
      – Ohio physician failed to show prejudice due to 5-year delay in proceedings (Ohio Ct. App.), 1302
      – Physician sanction by medical board for ineffective use of biofeedback machine to diagnose allergies, expert testimony not needed (Wash.), 766
      – “Utterly frivolous” MSP qui tam suits, “bad faith” definition appealed (U.S., rev den), 136
      – Vt., unprofessional conduct by ophthalmologist assessing and treating patients with cataracts, discipline affirmed (Vt.), 1176
    DISCLOSURE
      – Assignment of benefits, provider entitled to seek plan documents (E.D. La.), 132
      – Corporate integrity agreement documents not protected under state law (Tenn. Ct. App.), 758
      – Doctor-patient privilege
      – ERISA, plan internal guidelines cited as reason for speech therapy coverage denial must be disclosed, reversed due to administrator's violation of duty (7th Cir.), 335; (U.S., rev den), 1334
      – False Claims Act
        – – Dismissal due to previous public disclosure of suit alleging geropsychiatric unit admissions of patients with dementia who could not benefit from program (9th Cir.), 655
        – – State and local administrative audits do not bar FCA jurisdiction (U.S., rev grant), 826
        – – Wound care facility billing allegations publicly disclosed and relator not original source (7th Cir.), 900
      – Financial ties to doctors, Am. Hosp. Ass'n urges White House to block implementation due to cost and burden, 137
      – FOIA
      – Health insurance
        – – Limitations
          See LEGISLATION, FEDERAL, HR 1253
        – – Standardized information
          See LEGISLATION, FEDERAL, HR 2427, S 1050
      – Medicaid rule comments, DHS must produce for pharmacy groups and government may provide average manufacturer price data to Govt. Accountability Office (D.D.C.), 910
      – Mental health records disclosed during discovery in divorce case, claim reinstated (Ill. App. Ct.), 1448
      – N.Y., new law requires hospitals to disclose nursing quality indicators and patient outcomes, 1301
      – Payments and gifts to physicians
        – – Reporting
          See LEGISLATION, FEDERAL, S 301
        – – Vt. governor signs bill expanding law, 775
      – PBM prices, D.C. disclosure laws preempted by ERISA (D.C. Cir.), 401
      – Pa. Right-to-Know Law covers Medicaid managed care program provider agreements, disclosure ordered (Pa. Commw. Ct.), 769
      – Self-disclosure
        – – Kickbacks related to referrals, protocol being refined, IG Open Letter, 427
        – – States increasingly adopt voluntary protocols for revealing compliance problems, 657
      – Tennessee
        – – Insurers must disclose changes in provider manuals, new law signed, 808
        – – PPO discount disclosure law signed by governor, 908
      – Unanticipated medical outcomes, more hospitals and insurers requiring patients be informed but others dispute policy, 1321
    DISCOUNTS
      – Bundled discounts and combination products, antitrust implications of Norvir, BNA Analysis & Perspective, 1128
      – Discovery, patient may obtain information to prove unfair pricing claims (Fla. Dist. Ct.), 605
      – Medigap insurers contracting with hospitals to create preferred provider networks no basis for sanctions, advisory opinion, 1046
      – PPOs
        – – Subscribers seeking rates after exceeding annual benefit amounts cannot proceed without preferred providers, suit dismissed (W.D. Wash.), 908
        – – Tenn., disclosure law signed by governor, 908
      – Prescription drug card marketing suit settled (Pa. Commw. Ct.), 185
    DISCOVERY
      – Debt collection, patient may obtain information on charges and discounts to prove unfair pricing claims (Fla. Dist. Ct.), 605
      – Decisionmaking process, New York City required to produce documents in suit opposing HIP Health Plan merger, motion for reconsideration denied (S.D.N.Y.), 653
      – Electronic records, attorney shares key rules, 914
      – EMTALA inadequate screening claim, emergency room records of other chest pain patients must be produced (D.N.J.), 528
      – Ex parte contact with plaintiff's nonparty physicians may not be barred, no HIPAA preemption (Tex.), 805
      – Fla. constitutional amendment
        – – Hospital must provide adverse medical incident reports on patient falls and fall protections (Fla. Dist. Ct. App.), 842; rehearing denied, 1147
        – – Nursing homes not covered, no requirement to provide malpractice plaintiffs incident reports (Fla.), 37
      – Ga., routine credentialing information used by peer review committee not privileged under state law (Ga.), 804
      – Independent medical examination
        – – Automobile accident case, medical malpractice statute of limitations applies to alleged injury (N.Y.), 878
        – – Physician-patient relationship implied, expert testimony required (Tenn. Ct. App.), 951
      – Malpractice insurance, existence and extent of liability insurance coverage not discoverable (Tenn.), 167
      – Mental health records disclosed during discovery in divorce case, claim reinstated (Ill. App. Ct.), 1448
      – Nonparty medical records not discoverable in private litigation (Ohio), 913
      – Peer review documents are privileged and not subject to disclosure (N.C. Ct. App.), 948
      – Peer review privilege
      – Peer review privilege does not bar medical board's subpoena of credentialing records in probe of competency (Mass.), 1122
      – Pregnancy discrimination, plaintiff's obstetrics/gynecology records may not be disclosed without judicial review to determine relevance (Ohio Ct. App.), 222
      – Records of state disciplinary action leading to voluntary surrender of medical license, physician lacks standing to assert privilege (Neb.), 1148
      – Work product privilege exception, general counsel must produce tax accrual work papers in response to IRS administrative summons, en banc decision (1st Cir.), 1163
    DISCRIMINATION
    DISPROPORTIONATE SHARE HOSPITALS (DSHs)
      – Calculation, low-income population excluded retroactively, HHS authority affirmed (U.S., rev sought), 35; (rev den), 299
      – Cost reports, HHS withdraws appeal of order to correct payments, case dismissed (D.D.C.), 438
      – Hospital groups urge lawmakers not to reduce DSH funds, 563
      – Ohio charity care program, participating hospitals are ineligible for DSH funding (U.S., rev den), 466
      – Out-of-state hospitals, Pa. cannot condition payment for trauma services by W. Va. hospital on requirement that it be accredited by Pa., temporary restraining order granted (M.D. Pa.), 946; preliminary injunction entered against state officials and agencies, 1372
      – Patient assistance program, pharmaceutical company may provide certain products to large DSH hospitals without penalties, advisory opinion, 1046
      – Physician services billed separately so could not be included in “hospital services,” disallowance of claim upheld (D.D.C.), 438
      – Reduction in order to fund health care reform agreed to by hospital groups, 942
      – States can access stimulus funds to help cover uninsured, 405
      – Wash., state medically indigent and general assistance unemployable patients should not be included in DSH calculation (W.D. Wash.), 1374
    DISTRICT OF COLUMBIA
      – Doctor's tortious interference claim may proceed due to question of whether hospital followed own bylaws in summary suspension after adverse patient incident (D.D.C.), 1338
      – HIV misdiagnosis suit dismissed, physical danger required for negligent infliction of emotional distress claim (D.C.), 1342
      – Nonconsensual elective surgery for mentally retarded adults claims dismissed but question of attempt to obtain consent allowed (D.D.C.), 67
      – PBM price disclosure laws preempted by ERISA (D.C. Cir.), 401
      – Workers' compensation claim of physician harmed by nerve block injections by medical colleague while both were on duty not compensable (D.C.), 1263
    DME
    DMEPOS (DURABLE MEDICAL EQUIPMENT, PROSTHETICS, ORTHOTICS, AND SUPPLIES)
    DOCTOR-ASSISTED SUICIDE
    DRUGS AND PHARMACEUTICALS
      – Antitrust issues
      – Aventis settles steroid-based nasal sprays price allegations, In Brief, 759
      – Average wholesale price inflation
        – – Johnson & Johnson Remicade and Procrit claims dismissal, trial court failed to adequately explain rationale, reversed and remanded (1st Cir.), 1290
        – – Prostrate cancer treatment, $12.9M judgment against AstraZeneca affirmed (1st Cir.), 1289
        – – Publications, class action against First DataBank Inc. and Medi-Span, revised settlement approved (D. Mass.), 363; pharmacy industry attempt to overturn settlement fails (1st Cir.), 1202
      – Ban on payments to delay generic drug market entry
        See LEGISLATION, FEDERAL, HR 1706
      – Bristol-Myers settles charges of violating orders in earlier suits by failing to report patent litigation deals to states, 26
      – Bundled discounts and combination products, implications of Norvir, BNA Analysis & Perspective, 1128
      – Class actions
      – E-prescriptions
      – Ethics, industry code for interactions with health care professionals still has “opportunities for mischief” according to IG official, 863
      – Generic drugs
      – Gifts
      – Global increase in business opportunities leads to more FCPA cases, attorneys say, 899
      – Imports
      – KV Pharmaceutical agrees to injunction blocking company from making and distributing drugs (E.D. Mo.), 283
      – Mass. Medicaid drug pricing cases
      – Medicaid
      – Merck & Co. investors' suit alleging Vioxx misrepresentations reinstated due to question about “inquiry notice” time limitation (U.S., rev grant), 707; Solicitor Gen. files amicus brief, 1483
      – Merck/Schering-Plough merger, FTC requires dual divestitures (FTC), 1466
      – Nurse debilitated after neurosurgeon used contraindicated dye awarded $38M by jury (Fla. Cir. Ct.), 410
      – Omnicare Inc. securities class action, fraud claim remanded for pleading standards review but dismissal of other claims affirmed (6th Cir.), 1452
      – OTC
      – Prescription drugs
    DSHs
    DUAL ELIGIBLES
      – Bad debts
        – – Cross-subsidization ban, limit on amount of reimbursement upheld (6th Cir.), 1056; rehearing en banc denied, 1477
        – – Denial of reimbursement to SNF for Part B therapy services upheld (D.C. Cir.), 1055
    DUE PROCESS
      – Disciplinary proceedings against physician, doctor failed to show prejudice due to 5-year delay (Ohio Ct. App.), 1302
      – Driving under influence arrests, nexus sufficient to allow disciplinary action for physician's off-duty conduct (Cal. Ct. App.), 1175
      – First Amendment rights of public employees are limited, physician failed to state a claim in suit alleging employer settled malpractice action without his knowledge and reported outcome to NPDB (N.D. Ill.), 392; reconsideration motion denied, 1121
      – HCQIA immunity, constitutional challenge dismissed (M.D. Fla.), 603
      – Health IT, proposed class action challenges stimulus provision (S.D.N.Y.), 906
      – Lengthy suspension of radiologist during Medi-Cal fraud investigation no violation (Cal. Ct. App.), 945
      – La., clinic's claim for Medicaid reimbursement time-barred (M.D. La.), 1306
      – Mass. reproductive health clinic buffer zone law challenge rejected (1st Cir.), 954
      – Medi-Cal suspension of doctor charged with using misbranded medical devices upheld, state action had no effect on liberty interests, rehearing denied (9th Cir.), 136
      – Medical resident discharged for inadequate performance not entitled to same protections as employee (S.D.), 303
      – Nonconsensual elective surgery for mentally retarded adults claims dismissed but question of attempt to obtain consent allowed (D.D.C.), 67
      – N.C. hospital that suspended physician may not be sued under federal civil rights law because it was not operating “under color of state law” (4th Cir.), 946
      – Peer review action lasting nearly 9 years, summary judgment for hospital denied, ruling on doctor's allegations deferred (E.D. Cal.), 1307
      – Retaliatory firing claims of physician who reported alleged EMTALA violations dismissed (U.S., rev sought), 1089; (rev den), 1340
      – RN disqualified from holding certain posts because of felony conviction, no violation (Minn. Ct. App.), 24
      – Staff privileges, dental surgeon's civil rights claims for denial of full medical staff membership properly rejected (10th Cir.), 372; (U.S., rev sought), 1087; (rev den), 1337
      – Substantive, state peer review privilege invoked by medical school director who refused to provide information to another hospital does not violate constitution (11th Cir.), 703; (U.S., rev sought), 1341
      – Surgery out-of-plan not shown to be medically necessary and superior, denial of reimbursement upheld (U.S., rev den), 1374
      – Wash., Medicaid disabled rehabilitation therapy cuts enjoined (W.D. Wash.), 1222; negotiations continue, 1407
    DURABLE MEDICAL EQUIPMENT (DME)
      – Accreditation requirement for pharmacies selling to Medicare beneficiaries delayed, president signs new law, 1403
      – Competitive bidding end urged by Rep. Shuler (D-NC), 214
      – Kickbacks through sham DME provider, nursing chain agrees to pay to resolve allegations (N.D. Miss.), 1367
      – Surety bonds, CMS final rule requires suppliers to post as condition of participation, 36
      – Wheelchairs

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