Health Law Reporter Index-Summary

GAINSHARING

– Cardiac catheterization cost savings, hospital's agreement to share will not lead to penalties, advisory opinion, 901
– Demonstration projects, hospitals chosen, 1122
– Revise rule to ease restrictions, hospital industry groups urge CMS, 245
– Structured shared savings programs should follow designs likely to lead to approval by IG, attorney says, 427

GENERIC DRUGS

– AndroGel

– – FTC and state allege companies colluded with branded drug maker to delay competition (C.D. Cal.), 153; transferred to more convenient forum, 488
– – Testimony of pharmaceutical company officials may be videotaped by FTC in addition to stenographic recording (D.C. Cir.), 1433

– Ban on payments to delay generic drug market entry

See LEGISLATION, FEDERAL, HR 1706

– Biotechnology drugs

– – Budget proposal would create FDA regulatory pathway, 281
– – Data exclusivity, Senate committee seeks compromise, 905
– – FDA approval authority

See LEGISLATION, FEDERAL, HR 1427, S 726

– K-Dur 20 generic delayed, class of potassium supplement direct purchasers certified to pursue antitrust claims (D.N.J.), 55
– Mass. Medicaid drug pricing cases

– – Mylan Labs. motion to dismiss denied, previous settlement no bar (D. Mass.), 364
– – Teva Inc. settles (D. Mass.), In Brief, 26

– Multiple source drug rule definition hearing delayed (D.D.C.), 259
– Reverse or exclusionary payments settlement ban

See LEGISLATION, FEDERAL, HR 1706

– Wellbutrin XL direct purchaser suit alleging anticompetitive delay may proceed (E.D. Pa.), 389

GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– Medigap, model regulations, In Brief, 564
– Regulations to implement law proposed by Equal Employment Opportunity Comm'n, 287; EEOC and HHS rules expected by May 21, 632; interim final and temporary rules released by IRS, Labor Dep't and HHS, 1329
– Wellness programs, legal issues analyzed by Cong. Research Service report, 908

GENETICS AND BIOTECHNOLOGY

– Blood products

See BLOOD AND BLOOD PRODUCTS

– Cloning and embryonic stem cell research, La. governor signs law protecting rights of health care workers who choose not to participate, 988
– Generic biotechnology drugs

– – Budget proposal would create FDA regulatory pathway, 281
– – Data exclusivity, Senate committee seeks compromise, 905
– – FDA approval authority

See LEGISLATION, FEDERAL, HR 1427, S 726

– GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– Minn., genetic privacy law allegedly violated by collecting and storing newborn blood and DNA without parental consent (Minn. Dist. Ct.), 367
– Organ transplants

See ORGAN TRANSPLANTS

– Personalized medicine and genomic research, looking beyond 2009, 5
– Wrongful birth

– – Child born with genetic disorder may bring strict liability claim against sperm bank but negligence claims dismissed (E.D. Pa.), 504
– – Extraordinary costs of caring for disabled adult, parents' suit based on erroneous genetic counseling may proceed (Ill. App. Ct.), 568

GEORGIA

– BCBS did not violate law by lowering reimbursement rates for treatment at out-of-network dialysis center (N.D. Ga.), 255
– Discovery of peer review data, routine credentialing information used by peer review committee not privileged under state law (Ga.), 804
– HIPAA does not bar nursing home from releasing deceased husband's medical records to widow who wishes to pursue wrongful death action (Ga. Ct. App.), 252; surviving spouse entitled to husband's records (Ga.), 1499
– Jury instructions

– – “Hindsight” instruction flawed, defense verdict reversed for doctors who failed to diagnose Rocky Mountain Spotted Fever (Ga.), 877
– – Informed consent requirements do not apply to chiropractors (Ga.), 773

– Noncompete clauses, geographic scope and duration not unreasonable, group practice entitled to injunctive relief against pediatrician (Ga. Ct. App.), 411
– Statute of repose does not bar action based on subsequent negligent acts (Ga.), 260
– United Healthcare, fines for delayed payments, 1501

GIFTS

– Disclosure by pharmaceutical and medical device companies

See LEGISLATION, FEDERAL, S 301

– Mass., pharmaceutical companies that follow voluntary industry programs to allow practitioners to withhold prescriber data from sales representatives and marketers in compliance with state rule, 1016
– Vt. governor signs law expanding ban, 775

GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

GPOs

See GROUP PURCHASING ORGANIZATIONS (GPOs)

GRADUATE MEDICAL EDUCATION (GME)

– Abortion training for medical residents advocate may pursue claims against officials and individuals who allegedly conspired to have his employment terminated (D. Ariz.), 391
– Collateral estoppel does not bar claims of medical malpractice plaintiff against state and resident physician (Tenn.), 1343
– Collective bargaining, representation election among interns and residents at St. Barnabas Hosp. ordered (NLRB Reg. Dir.), 732
– Damages cap applies to wrongful death claims where medical resident is “borrowed servant” (Wis.), 987
– FICA taxes

– – Mayo and Univ. of Minn. residents subject to employment taxes, IRS rules upheld (8th Cir.), 808
– – Record inadequate to determine whether medical residents at Detroit Med. Center qualify as students, suit remanded (6th Cir.), 305
– – Refunds, hospitals that prevailed on their claims entitled to partial recovery of attorneys' fees (D.S.D.), 737
– – Residents may be eligible for student exception, question of fact (2d Cir.), 421

– Indirect medical education (IME)

– – Good news for 2009, but 2010 uncertain, 284
– – Recomputation of payments

See LEGISLATION, FEDERAL, S 1

– Loan program to establish residency programs

See LEGISLATION, FEDERAL, HR 914

– Medical resident discharged for inadequate performance not entitled to same due process as employee (S.D.), 303
– Univ. of Medicine and Dentistry of New Jersey

– – Cardiologists settle kickbacks for referrals allegations, In Brief, 1298; medical school agrees to pay to settle kickback charges, 1367
– – Medicaid fraud allegations settled (D.N.J.), In Brief, 793

– Univ. of Tex. Science Center medical resident a state employee, tort suit for removal of testicle dismissed (Tex. App.), 441

GRANTS

– FCA, whistleblower's challenge to settlement of suit alleging fraud in connecting with research funds fails (S.D.N.Y.), 329
– Incentives to states for malpractice reform

See LEGISLATION, FEDERAL, HR 3200

– Vision care for children

See LEGISLATION, FEDERAL, HR 577

GROUP PURCHASING ORGANIZATIONS (GPOs)

– Catheters antitrust claims against C.R. Bard dismissed for lack of proof (E.D. Mo.), 1292
– Financial relationships data requested by Senate panel, 1108
– Savings study, In Brief, 607