Health Law Reporter Index-Summary

FAIR LABOR STANDARDS ACT (FLSA)

– Overtime

FALSE CLAIMS

– Amendments

See FRAUD ENFORCEMENT AND RECOVERY ACT (FERA)

– Aventis settles steroid-based nasal sprays price allegations, In Brief, 759
– Below market rents allegedly traded for referrals, qui tam suit dismissed for lack of specificity (S.D. Tex.), 182
– Bone growth stimulating devices, whistleblower alleges maker engaged in illegal activity related to osteopathic surgeon's use of unapproved devices (S.D.W. Va.), 184
– Celexa and Lexapro allegedly marketed for pediatric patients, U.S. intervenes in whistleblower suits, 2 cases (D. Mass.), 283
– Changes to increase liability for contractors and subcontractors

See LEGISLATION, FEDERAL, HR 1788, S 386, S 458

– Children's inpatient psychiatric hospital agrees to pay to settle FCA claims (E.D. Pa.), In Brief, 553
– Conn. medical clinic agrees to pay to settle billing allegations, In Brief, 129
– Diabetes Treatment Centers, whistleblower suit settles (M.D. Tenn.), 365
– Drug to prevent respiratory disease in children, Mo. specialty pharmacy settles FCA charges, 1110
– Economy increases risk requiring greater focus on compliance, attorney says, 387
– Enbrel and Aranesp illegal marketing alleged, FCA suit partially unsealed (D. Mass.), 284
– Endoscopic Technologies Inc. agrees to pay to settle FCA allegations (S.D. Tex.), In Brief, 970
– Failure of compliance programs, experts list top 10 reasons, 1287
– Geropsychiatric unit admissions of patients with dementia who could not benefit from program, previous public disclosure basis for dismissal (9th Cir.), 655
– HHA, physician approvals not obtained before bills submitted, Ind. agency agrees to pay to settle allegations, 1402
– Hospices, SouthernCare settles FCA claims, 2 suits (N.D. Ala.), 94
– Incentives, 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
– Increase in civil cases may mean more criminal cases, speaker tells AHLA, 863
– Intervention by states in CVS Caremark FCA suit, issue of sovereign immunity from counterclaims must be decided (5th Cir.), 1015
– Iowa hospital agrees to pay to resolve allegations about financial relationship with physicians, 1141
– Johns Hopkins Bayview Medical Center agrees to pay to settle allegations (D. Md.), In Brief, 903
– Kan., new law to combat Medicaid fraud signed by governor, 552
– Kyphoplasty

– – Ala. and Ind. hospitals agree to pay to settle allegations (W.D.N.Y.), In Brief, 1297
– – Overcharging alleged, Minn. hospitals agrees to pay to settle FCA claims, In Brief, 688

– Labs allegedly overcharged Medicaid, Cal. attorney general joins lawsuit (Cal. Super. Ct.), 394
– Lahey Clinic pays to settle allegations, In Brief, 519
– La. medical school agrees to pay to settle allegations (W.D. La.), In Brief, 1017
– LTC facilities for mentally retarded adults, former case manager's complaint dismissed for lack of billing details (10th Cir.), 1399
– Medicaid drug rebates not paid, drug makers agree to pay to resolve FCA allegations, 1402
– MSP qui tam suits

– – No specific injury, private individual cannot recover Medicare funds his insurers may have improperly retained (2d Cir.), 1054
– – “Utterly frivolous,” sanctions imposed (U.S., rev den), 136

– Naturecor allegedly marketing for unapproved use, U.S. intervenes in whistleblower suits, 2 cases (N.D. Cal.), 282
– Nev. diagnostic imaging service and owners agree to pay to settle allegations, 428
– Okla. orthopedic care providers agree to pay to settle fraud claims (W.D. Okla.), In Brief, 793
– Orthopedic device makers win dismissal of suit alleging kickbacks and other violations (W.D. Pa.), 425
– Outlier payments

See generally OUTLIER PAYMENTS

– Personal services exceptions in Stark law and anti-kickback law, hospital fails to demonstrate arrangement with anesthesiology group qualifies (3d Cir.), 121
– Phoenix physician agrees to pay, In Brief, 828
– Physical therapy company settles FCA suit (C.D. Cal.), In Brief, 495
– Protonix, Wyeth accused of overcharging Medicaid by fraudulent price reporting, 2 cases (D. Mass.), 687
– Provider number used for chemotherapy services not ordered by doctor, whistleblower did not show hospital knowingly submitted false claims (9th Cir.), 1169
– Psychiatrist's FCA claim related to billing system at hospital psychiatric section reinstated (5th Cir.), 492
– Public disclosure, state and local administrative audits do not bar FCA jurisdiction (U.S., rev grant), 826
– Quest Diagnostics agrees to pay to settle misbranding charges, In Brief, 519
– Qui tam action appeals, 30-day filing notice applies when U.S. does not intervene in FCA suit (U.S., judg aff), 757
– Research funds, whistleblower's challenge to settlement of suit alleging fraud fails (S.D.N.Y.), 329
– Retaliation claim survives motion to dismiss whistleblower suit (S.D. Ohio), 791
– Revisions and health care implications, BNA sponsoring audioconferences, 811
– Risperdal, Tex. attorney general files amended complaint in qui tam suit against makers alleging misrepresentations to state Medicaid program (Tex. Dist. Ct.), 25
– San Mateo Med. Center qui tam suit settles (N.D. Cal.), 365
– School-based care, N.Y. state and New York City agree to pay to settle false claims allegations, In Brief, 969
– Sleep lab owners agree to pay to settle FCA allegations, 58
– Statute of limitations, when U.S. fails to intervene deadline is not extended and equitable tolling does not apply (U.S., rev den), 827
– TennCare, Kindred Healthcare agrees to pay to settle pharmaceuticals overbilling charges (E.D. Tenn.), In Brief, 793
– Tex. hospital group agrees to pay to resolve charges (S.D. Tex.), In Brief, 1470
– Tex. nursing home agrees to pay to settle allegations, In Brief, 688
– Tulare, Cal., Healthcare District settles suit (C.D. Cal.), In Brief, 1016
– Unaudited cost reports material in determining amount hospital management company officials ordered to pay (U.S., rev den), 282
– Univ. of Medicine and Dentistry of New Jersey agrees to pay to settle Medicaid fraud allegations (D.N.J.), In Brief, 793
– Upcoding, Fla. physician agrees to pay to settle allegations (M.D. Fla.), 970
– Wife of rehabilitation company owner liable for signing and certifying cost reports (E.D. Mich.), 1077
– Wound care facility billing allegations publicly disclosed and relator not original source (7th Cir.), 900
– Yale-New Haven Hospital agrees to pay to settle allegations of medically unnecessary hospital admissions for radiation treatment patients, 903

FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Breast cancer treatment ongoing, termination letter assumed clerk was too sick to work, settlement approved (D. Md.), 1013
– “Equivalent position,” licensed practical nurse may go forward with claims (6th Cir.), 722
– Stated intent to take leave basis for allowing retaliation claim of nurse allegedly terminated for violating sexual harassment policy (N.D. Ind.), 393

FCA (FALSE CLAIMS ACT)

See generally FALSE CLAIMS

FCPA

See FOREIGN CORRUPT PRACTICES ACT (FCPA)

FDA

See FOOD AND DRUG ADMINISTRATION (FDA)

FEDERAL AGENCIES

See specific agencies and departments

FEDERAL EMPLOYEES

– FEHBP

See FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP)

– Seventh Amendment is not violated by requiring malpractice claimants against federally supported health center physicians to pursue remedies under Federal Tort Claims Act (6th Cir.), 1125
– VA employees

See VETERANS AFFAIRS DEPARTMENT (VA)

FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP)

– Federal subcontractor, hospitals receiving payments for services to U.S. government employees must comply with employment discrimination requirements (DOL ARB), 756
– Jurisdiction, state law claims not completely preempted and federal officer removal statute may not allow carriers to remove cases to federal court (U.S., rev grant), 1369

FEDERAL TRADE COMMISSION (FTC)

– Antitrust issues

See generally ANTITRUST

– Consumer protection

See generally CONSUMER PROTECTION

– Mergers and acquisitions

See generally MERGERS AND ACQUISITIONS

FEDERALLY QUALIFIED HEALTH CENTERS (FQHCs)

– Medi-Cal eliminates dental and other optional benefits, suit by nonprofit community clinics fails (Cal. Super. Ct.), 872
– Medicaid managed care, unsuccessful bidder may not sue state for alleged Medicaid Act violations under federal civil rights statute (9th Cir.), 975
– Seventh Amendment is not violated by requiring malpractice claimants against federally supported health center physicians to pursue remedies under Federal Tort Claims Act (6th Cir.), 1125

FEES

– Attorneys

See ATTORNEYS' FEES

– Colo., provider fee on hospitals to expand federal match and cover uninsured persons, governor signs new law, 571
– FDA inspections

See LEGISLATION, FEDERAL, S 882

– Tex., medical records copying fees allowed (Tex. App.), 1184

FEHBP

See FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP)

FERA

See FRAUD ENFORCEMENT AND RECOVERY ACT (FERA)

FIRST AMENDMENT

– Abortion, portions of S.D. informed consent law violate rights of physicians (D.S.D.), 1153
– Blog post did not violate privacy policy, nursing student reinstated (W.D. Ky.), 1113
– Mass. reproductive health clinic buffer zone law challenge rejected (1st Cir.), 954
– Participation in 12-step program, medical license suspension precludes constitutional claims related to board requirement (U.S., rev den), 841
– Prescription drug data sales ban, N.H. law does not regulate speech, upheld (U.S., rev sought), 431; (rev den), 869
– Reasonable legal advice, criminal prosecution of “indentured servant” immigrant nurses and their lawyer barred (N.Y. Sup. Ct.), 141
– 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
– Settlements, seal denied in case creating special needs trust for minor, confidentiality preempted by public's right of access to court records (S.D.W. Va.), 1509
– Staff privileges revoked, physician's speech critical of hospital practices not protected because it did not involve matters of public concern (E.D. Tenn.), 529

FLORIDA

– Abortion in third trimester performed in clinic, Fla. Bd. of Medicine discipline of physician upheld (Fla. Dist. Ct.), 978
– Amendment 7, patient's constitutional right of access to records on adverse medical incidents

– – Hospital must provide adverse medical incident reports on patient falls and fall protections (Fla. Dist. Ct. App.), 842; rehearing denied, 1147
– – Nursing homes not required to provide malpractice plaintiffs incident reports (Fla.), 37

– Arbitration

– – Agreement between hospital and contractor does not bind anesthesiologist (Fla. Dist. Ct. App.), 327
– – Severance clause makes nursing home provision enforceable which would otherwise violate state law (Fla. Dist. Ct. App.), 1139

– Assignment of benefits, new law requires insurers to pay out-of-network providers directly, 801
– CON, governor signs law extending expiration dates and authorizing second renewal for rural hospitals, 722
– Debt collection, patient may obtain discovery on charges and discounts to prove unfair pricing claims (Fla. Dist. Ct.), 605
– Electronic health records, new law calls for state to develop universal patient release form, 831
– HCQIA immunity, constitutional challenge dismissed (M.D. Fla.), 603
– Health bills signed by governor, 831
– Immigrants

– – Illegal alien ineligible for state brain injury program (Fla. Dist. Ct. App.), 161
– – Indigent patient with $2M medical bill flown to Guatemala, new trial sought in wake of jury verdict for defendant hospital in false imprisonment case (Fla. Cir. Ct.), 1093

– Medicaid, deferred prosecution agreement, Wellcare, In Brief, 593
– Nurse debilitated after neurosurgeon used contraindicated dye, jury award of $38M (Fla. Cir. Ct.), 410
– Trade secrets, Preferred Care Partners may pursue state law claims related to failed negotiations to purchase Humana Inc. (S.D. Fla.), 524
– Wrong-site errors disciplinary action law does not violate physician's rights under state constitution (Fla. Dist. Ct. App.), 698

FLSA (FAIR LABOR STANDARDS ACT)

– Overtime

See OVERTIME

FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

FOIA

See FREEDOM OF INFORMATION ACT (FOIA)

FOOD AND DRUG ADMINISTRATION (FDA)

– Appropriations

See LEGISLATION, FEDERAL, HR 2997

– Generic biotechnology drugs

See GENERIC DRUGS

– Inspection fees and new subpoena powers would expand authority

See LEGISLATION, FEDERAL, S 882

– Regulation of tobacco

See LEGISLATION, FEDERAL, HR 1256

FOR-PROFIT CONVERSIONS

See also MERGERS AND ACQUISITIONS
– La. BCBS may be entitled to refund of some income taxes (M.D. La.), 956

FOREIGN CORRUPT PRACTICES ACT (FCPA)

– Global increase in business opportunities leads to more FCPA cases, attorneys say, 899

FORMS

– Fla., new law calls for state to develop universal patient release for electronic health records, 831

FORMULARIES

– Drugs with no generic version placed in highest copayment tier no violation of plan, proposed ERISA suit dismissed (E.D. Pa.), 833

FOURTEENTH AMENDMENT

– Due process

See DUE PROCESS

– Equal protection

See EQUAL PROTECTION

– Me., free care laws do not violate takings clause (1st Cir.), 1092

FQHCs

See FEDERALLY QUALIFIED HEALTH CENTERS (FQHCs)

FRAUD AND ABUSE

– Ed. Note: This heading is restricted to fraud in government programs or by participating organizations. For fraud against private programs, see HEALTH INSURANCE FRAUD.
– Enforcement in 2009, BNA audioconference, 45
– Expansion of federal fraud laws to cover stimulus package funds

See LEGISLATION, FEDERAL, HR 1748, S 386

– Failure of insurer to disclose action to reduce risk pool, major medical policy claim may proceed (D.N.J.), 1254
– “Five principles” to combat, IG testimony, 866
– FY2010 budget contains antifraud funding and other proposals for savings, 279
– HealthSouth, conviction of former official upheld, but former Ala. governor entitled to re-sentencing after one mail fraud count dropped (11th Cir.), 364
– HEAT, joint Justice Dep't and HHS enforcement effort praised by witnesses, 1471
– Identity theft

See IDENTITY THEFT

– Medicaid fraud

See MEDICAID FRAUD

– Medicare fraud

See MEDICARE FRAUD

– Natl. Century Fin. Enter. Inc. executives get lengthy prison terms for roles in accounting scheme (S.D. Ohio), 443
– Outlook 2009, top health law issues, 5
– Physicians under increased scrutiny, IG official says, 654
– Prosecution, BNA audioconference, 45
– Psychotherapy telephone consultations used billing code for face-to-face sessions, insurer's termination of plan participants on the basis of fraud was arbitrary, state law claims preempted by ERISA (D.N.J.), 1051
– RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Stark laws

See SELF-REFERRALS

FRAUD ENFORCEMENT AND RECOVERY ACT (FERA)

– Civil investigative demands procedure changed and whistleblowers allowed earlier access to findings, 1013
– Liability and presentment concerns expressed by attorneys at BNA audioconference, 968
– Overpayments cases likely to increase, attorneys say, 1013

FREE EXERCISE CLAUSE

– Participation in 12-step program, medical license suspension precludes constitutional claims related to board requirement (U.S., rev den), 841

FREEDOM OF INFORMATION ACT (FOIA)

– Medicare claims records, nonprofit consumer magazine may not obtain documents (D.C. Cir.), 164

FTC

See FEDERAL TRADE COMMISSION (FTC)