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H1N1 VIRUS

– Catholic Healthcare West and Cal. Nurses Ass'n/Natl. Nurses Org. Comm. contract includes education and equipment to deal with pandemics, 1475
– EMTALA, HHS says state surveyors may apply requirements flexibly during outbreak, 1148
– Guidance for health care workers revised, 1416
– HHS secretary may exempt hospitals from certain federal requirements in event of national health emergency, 1450
– N95 respirators

See RESPIRATORY PROTECTION

– Obama requests $1.5B in funding, 593
– Preparations inadequate according to survey by nurses' union, 1217
– Vaccinations

– – N.Y., temporary restraining order bars enforcement of state requirement for health care workers, 3 suits (N.Y. Sup. Ct.), 1414; mandatory vaccination suspended by state, lawsuit to be withdrawn, 1451
– – Wash. State Nurses Ass'n claims MultiCare Health Sys. unilateral policy violates federal labor law (W.D. Wash.), 1336

HAWAII

– 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
– – Unsuccessful bidder may not sue state for alleged Medicaid Act violations under federal civil rights statute (9th Cir.), 975

– Pediatric hematology group's antitrust suit survives dismissal based on pending appeal in state court (D. Haw.), 91
– Right of sepulcher, hospital liable for misplacing remains of couple's infant (D. Haw.), 166

HAZARDOUS WASTE

– Kan. hospital agrees to pay to settle environmental protection claims, 673
– Medical waste incinerators

See INCINERATORS

HCQIA

See HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)

HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)

– Appropriations

See LEGISLATION, FEDERAL, HR 3293

– Blumenthal named HHS national health information technology coordinator, In Brief, 412
– Civil Rights Office to enforce HIPAA security rule, 1049
– Daschle nomination, hearing scheduled, 27; Daschle withdraws name, 155
– Health IT advisory panels, nominations sought, 368
– Nominations delay threat from Senate GOP leaders, 1298
– Sebelius nominated to be HHS secretary, 285; Senate confirmation hearings, 429; Senate action delayed, 458; Senate Fin. Comm. approval despite GOP concerns, 519; approved by Senate, 553
– Surgeon General nominee Benjamin approved by Senate committee, 1367; confirmed by Senate, 1471
– White House orders agencies to halt work on pending rules, 131

HEALTH CARE COVERAGE CONTINUATION

See COBRA (HEALTH CARE COVERAGE CONTINUATION)

HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)

See also PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)
– Challenge to NPDB report must first be administratively reviewed by HHS Sec'y (D. Nev.), 947
– Immunity

– – Cardio-thoracic surgeon suspended prior to hearing, hospital immunity upheld (4th Cir.), 500; (U.S., rev sought), 1478
– – Complaining physician entitled to protection as long as information is true (E.D. Tenn.), 515; defendant physicians may not recover attorneys' fees and costs under HCQIA, 734
– – Constitutional challenge dismissed (M.D. Fla.), 603
– – Hospital and committee members not liable for privileges termination under terms of earlier consent agreement (R.I. Super. Ct.), 1504
– – Jury award against hospital and individuals who participated in peer review of cardiologist reversed (U.S., rev den), 138
– – Limited, doctor whose privileges were allegedly suspended due to refusal to authorize patient transfer may press EMTALA retaliation claims (E.D. Mich.), 406
– – NPDB report, immunity does not apply to suit by temporary radiologist who left after two days due to alleged patient safety concerns (W.D. Okla.), 638
– – Presumption is not overcome by African-American physician whose privileges were revoked after lengthy review process, judgment affirmed (5th Cir.), 876
– – Sexual abuse allegations, claim for suspension of privileges during investigation properly dismissed (4th Cir.), 374; (U.S. rev sought), 984; (rev den), 1341
– – State 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
– – Tenn. doctor fails to rebut defense by public hospital, First Amendment claim fails (E.D. Tenn.), 529
– – Vascular surgeon's privileges revoked, hospital immune from damages under HCQIA and state peer review law (Tenn. Ct. App.), 1476

– “Investigation” ends only with final action or formal closure, hospital appropriately reported physician's resignation to NPDB (1st Cir.), 104
– Peer review participants immune under state and federal law, challenge to suspension of privileges fails (4th Cir.), 1227
– Suspension without notice by Univ. of Nev. hospital violated due process (D. Nev.), 564

HEALTH CARE REFORM, FEDERAL

– Abortion funding

– – Federal ban

See LEGISLATION, FEDERAL, HR 3962

– – Opposition to Senate debate, 1498

– Access to health care, looking beyond 2009, 5
– Accountable care organizations and bundled payments, BNA Analysis & Perspective, 1417
– AHA urges Senate Fin. Comm. not to cut hospitals' Medicare payments, 724
– AMA, Pres. Obama defends Medicare cuts and public plan option, 797; delegates support reform, 832
– AmeriCare insurance program proposed by Stark (D-Cal)

See LEGISLATION, FEDERAL, HR 193

– Antitrust aspects of health information sharing, BNA Analysis & Perspective, 990
– Baucus (D-Mont) releases long-awaited reform bill

– – Charity care, bill omits minimum but Grassley (R-Iowa) amendment would repeal rebuttable presumption of reasonableness for nonprofit executive compensation, 1247; Grassley does not offer amendments as part of markup, 1344
– – Committee approves bill, Snowe (R-Me) votes with majority, 1367; further action, see LEGISLATION, FEDERAL, S 1796
– – Delivery system reform provisions, Special Report, 1270
– – Doughnut hole amendment fails, 1298
– – Final vote expected after Cong. Budget Office analyzes cost, 1327
– – Hundreds of amendments filed, 1250
– – Markup begins, 1205
– – New tax code section likely outcome of Senate Fin. Comm. bill, aides tell AHLA group, 1378
– – Penalty excise tax on individuals survives, 1298; amendment would reduce penalty, 1327
– – Pharmacy benefits manager amendment passes but GOP attempts to eliminate Medicare spending cuts defeated, 1298
– – Principle issues and Senate Fin. Comm. markup, BNA Analysis & Perspective, 1345
– – SCHIP, amendment to keep enrollees in program rather than move them to health insurance exchange approved, 1327
– – Tax deductions for medical expenses for seniors unchanged but higher threshold for others, 1327

– Bipartisan group of Senators makes progress, Baucus (D-Mont) says, 828; progress on new Medicare preservation panel and Medicaid expansion, 1079; White House still wants bipartisan bill, 1141
– Budget reconciliation process may be used by Senate Democrats if no bipartisan agreement, 1047
– Business groups threaten to leave negotiations, 905
– Community benefits standard included in proposals for tax-exempt hospitals, 651
– Consumer cooperatives urged by Conrad (D-ND), 796
– Cooperatives urged by Conrad (D-ND), 1141
– Critical, small business owners testify at House panel hearing, 1403
– Death of Senator Kennedy (D-Mass) unlikely to impact negotiations, observers say, 1169
– Delivery system

– – Coverage and cost containment to be studied by Senate Fin. Comm. before producing final bill, 331
– – Provisions in Baucus bill, Special Report, 1270

– DeParle nominated to lead White House Office of Health Reform, 285
– Economic stimulus package

See LEGISLATION, FEDERAL, HR 1, HR 598, S 1

– Employer mandate proposal in Senate committee plan, 905; Snowe (R-Me) says bill more likely to contain free-rider penalties, 1017
– End-of-life care

– – Democratic House proposal

See LEGISLATION, FEDERAL, HR 3200

– – Provision dropped from Senate draft according to Grassley (R-Iowa), 1111

– ERISA issues raised by hearing speakers, 866
– Excise tax on insurance companies could provide funding, 1111; Senate Republicans plan to eliminate provision, 1250
– Financing options considered by Senate panel, 1079
– “Five principles” to combat fraud, IG testimony, 866
– Flexible approach to “pay-as-you-go” urged by stakeholders, 366
– FY2010 budget

– – Fast-track procedures part of tentative agreement, 553
– – Management and Budget Off. defends Obama plan, 331
– – Medicare and Medicaid cuts to pay for wider coverage, 277; complete budget submission proposes $309B in savings from reduced spending, 630
– – Reserve fund included in resolutions

See LEGISLATION, FEDERAL, HConRes 85, SConRes 13

– – Roundtables launched by Senate Fin. Comm., 519
– – Senate committees will consider bills in early June, 519

– Georgetown Univ. project releases papers on legal issues and possible solutions, 428
– Hospital groups agree to Medicare and Medicaid reductions in order to help funding, 942
– House Democrats release proposal, 828; stakeholders attack provisions, 866; further action, see LEGISLATION, FEDERAL, HR 3200
– House Republicans form task force, 185
– Incentives

– – Boosting care and cutting cost vital to success, witnesses tell House panel, 366
– – Needed to reduce costs, witnesses say, 458

– Independent Medicare Advisory Council (IMAC) to set reimbursement rates meets resistance, 1017; opposed by 75 lawmakers, 1047
– Industry stakeholders promise to rein in spending, 629
– Key areas still to be resolved in draft of Senate committee bill, 759
– Long-term care changes crucial, witnesses tell Senate panel, 429
– Malpractice reform

– – Proposed by President Obama to limit lawsuits and costs, stakeholders react, 1195
– – Recent interest due to health care reform activity, Cong. Research Serv. report, 1412

– Mandates in bill being drafting by House Democrats, 759
– Markup by Senate panel delayed, 828; Dodd (D-Conn) says passage possible soon, 866; markup nears end, 940; Health, Education, Labor, and Pensions Comm. reports out Democratic plan, 971
– Medicaid coverage expansion part of Senate draft summary, 828
– Medical liability reform pushed by GOP members of House panel, 429
– Medicare key to reform, Leavitt says, 94
– MediKids health insurance program

See LEGISLATION, FEDERAL, HR 194

– New options provided by Cong. Budget Office, 866
– Outlook 2009, top health law issues, 5
– Part A trust fund will be out of money in 2017, report says, 630
– Policy options document released by Baucus (D-Mont) and Grassley (R-Iowa), 630; document tackles some hot-button issues, 630
– Post-claims underwriting, insurance CEOs tell House panel universal coverage is only way to eliminate, 796
– President Obama addresses Congress, 1205
– Public plan

– – Administration preference although other options could be considered, 1111
– – Baucus (D-Mont) urges stakeholders to continue discussion, 429
– – Critical, Democratic congressional staff aides say, 155
– – Debated at House hearings, 366
– – Defended by HHS Sec'y Sebelius before House committee, 630
– – Doctors' coalition announces support, 828
– – Draft by House panel includes Medicare payment rates and “play-or-pay” for employers, 658
– – Fallback option or cooperatives proposed, 1250
– – HHS would administer option proposed by Senate committee, 905
– – Hospitals expect to recoup Medicare cuts by increased revenue from expanded coverage, 903; 942
– – House Democrats call on leaders to include, 1327
– – House Democrats proposal includes state-based exchange, 828; stakeholders attack provisions, 866; detailed analysis, 905; further action, see LEGISLATION, FEDERAL, HR 3200
– – House members disagree, 285
– – Insurers tell Sen. panel of opposition, 429; industry continues to voice opposition, 593
– – Likely to be included in legislation, Baucus (D-Mont) says, 689
– – Pres. Obama defends, 797
– – Progressives press for option, 1141
– – Senate Fin. Comm. defeats amendment to add, 1298
– – State-based exchange

See LEGISLATION, FEDERAL, HR 3200, HR 3962

– – State opt-out will be included in version considered by Senate, Reid (D-Neb) says, 1437
– – Underpayment of providers predicted by House GOP members, 458
– – Witness recommendations to House panel, 553

– Rangel (D-NY) says lowering costs would mean subsidy cuts, 1205
– Reducing pay to Medicare providers among proposals by Senate Fin. Comm. leaders, 658
– Republican plan

See LEGISLATION, FEDERAL, HR 2520, S 1099

– Rockefeller (D-WVa) outlines key principles, 593
– Senate Republican team named, 58
– “Silo model” should be replaced, integration and cooperation by providers needed, health law attorneys say, 89
– State-by-state positive effects outlined by HHS reports, 1082
– Subsidies included in proposed plan of Gregg (R-NH), 725
– Taxing benefits and limiting deductions concerns Pres. Obama, Sebelius says, 866; Obama says he opposes taxing benefits, 905
– Timetable

– – August passage promised by House committee chairmen, 366
– – Baucus (D-Mont) says bill could be on Senate floor by June, 285
– – “Make or break” period next two months according to President Obama, 725
– – Progress seen, AARP urges action before 2010 elections, 27
– – Quick action needed, Rep. Pallone (D-NJ) says, 214
– – This year or not for another 4 years according to Grassley (R-Iowa), 396

– Transformation in national health care system urged by witnesses before Senate committee, 249
– Universal coverage part of legislation being developed by Kennedy (D-Mass), 725

HEALTH CARE REFORM, STATE

See also specific states
– BCBS says legislation trending away from expanded coverage to other efforts, report released, 248
– Fair share laws

See ERISA

– Natl. Govs. Ass'n forms task force, 249

HEALTH INSURANCE

– Antitrust issues

See ANTITRUST

– Assignment of benefits

See ASSIGNMENT OF BENEFITS

– BCBS

See BLUE CROSS AND BLUE SHIELD PLANS (BCBS)

– Behavioral health plan does not cover nonemergency residential treatment for drug and alcohol abuse at a noncontracted center (9th Cir.), 1049
– Continuation coverage

See COBRA (HEALTH CARE COVERAGE CONTINUATION)

– Coverage policies

See COVERAGE AND REIMBURSEMENT POLICIES

– ERISA

See ERISA

– Excise tax on companies could provide health care reform funding, 1111; Senate Republicans plan to eliminate provision, 1250
– Fair share laws

See ERISA

– Financial data from largest companies sought by House committee, 1141
– Gender as rating factor allowed under Cal. law, suit seeks to end practice and proposed legislation would eliminate provision allowing women to be charged more (Cal. Super. Ct.), 160
– GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– Health care reform

See HEALTH CARE REFORM, FEDERAL

– High risk recreational activities disclosures

See LEGISLATION, FEDERAL, HR 1253

– HIPAA

See HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

– HMOs

See HEALTH MAINTENANCE ORGANIZATIONS (HMOs)

– Identity theft “red flag rules,” compliance obligations, BNA Analysis & Perspective, 1380
– Md. governor signs new laws on individual insurance market rules, electronic health records, preexisting conditions, and other issues, 696
– Medical cost ratios, securities class action alleging Aetna misrepresentations to conceal underpricing to gain market share dismissed (E.D. Pa.), 850
– Medigap coverage

See MEDIGAP

– Minn. warned by FTC staff about exemptions for health care cooperatives, 389
– Portability study bill signed by Colo. governor, 559
– Premiums

See PREMIUMS AND RATES

– “Purging” of small businesses that are costly to insure

– – Investigation by House panel, 1169
– – Rockefeller (D-Wis) asks CIGNA to explain, 1079

– Rescission

See RESCISSION

– Small businesses

See generally SMALL BUSINESSES

– Standardized disclosure information

See LEGISLATION, FEDERAL, HR 2427, S 1050

– Student health plans

See COLLEGES AND UNIVERSITIES

– Supplemental policy requires payment of actual charges not billed charges (11th Cir.), 1474
– Wash. state insurance official fines carriers for regulatory violations, 635

HEALTH INSURANCE FRAUD

– Spouse cannot sue health insurer for allegedly misrepresenting terms of policy (Cal. Ct. App.), 526
– Unbundling alleged, Horizon BCBS sues out-of-network diagnostic lab alleging fraudulent claims (N.J. Super. Ct.), 939

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

– Disposal of records

– – LoCost Rx Inc. reaches agreement with Ind. Pharmacy Bd., Walgreens cases pending, 795
– – Open dumpsters, CVS Caremark settles FTC and HHS charges related to disposal of sensitive information (FTC), 250; pharmacist group urges FTC to continue investigating privacy violations, 397

– Interim rule implements higher penalties mandated by HITECH Act, 1473
– Privacy

– – Access to de-identified health information allowed, BNA Analysis & Perspective, 472
– – Commercial online personal medical records vendors not covered by rule, FTC issues breach notification requirements, 749
– – Contract and policy changes needed, lawyers say, 495
– – Data breach notification mandate hailed and criticized, 275; correction, 335
– – Disclosure to doctor treating family member permitted but not required, 96
– – Economic stimulus package, BNA audioconference, 350
– – Enforcement by state attorneys general

See LEGISLATION, FEDERAL, HR 1

– – Ex parte contact with plaintiff's nonparty physicians may not be barred, no preemption (Tex.), 805
– – Expect strong data breach enforcement from states, lawyer says, 693
– – Funds from ARRA will strengthen enforcement, speaker says, 333
– – Genetic information, HHS proposed changes, 1329
– – Ga., nursing home must release deceased husband's medical records to widow who wishes to sue (Ga. Ct. App.), 252; surviving spouse entitled to husband's records (Ga.), 1499
– – Guidance on methods to protect information issued by HHS, 523; stakeholders need more specifics, 691
– – H1N1 influenza, HHS secretary may exempt hospitals from certain federal requirements in event of national health emergency, 1450
– – HHS Civil Rights Office to enforce security rule, 1049
– – Identity theft

See IDENTITY THEFT

– – Improper disposal of records

See Disposal of records, this heading

– – Liability and compliance challenges of enforcement of privacy and security laws, BNA Analysis & Perspective, 1273
– – La. law improper disclosure claims must be tried in state court (W.D. La.), 1208
– – New laws present triple threat to technology managers, BNA Analysis & Perspective, 537
– – Patient guide published, In Brief, 443
– – Photocopying nursing home resident's medication record for discrimination case not misappropriation of property, reversed and remanded (Okla.), 1256
– – Physician and two former employees of Little Rock, Ark., hospital plead guilty to misdemeanor violations, 3 cases (E.D. Ark.), 974; sentences of probation and fines, 1440
– – “Red flag rules”

See IDENTITY THEFT

– – Research impeded, Inst. of Med. report, In Brief, 196
– – State-by-state needs to implement mandates outlined by report, 1080
– – Stricter rules addressed by attorneys, 1080
– – Surgical technician who tried to facilitate adoption terminated, hospital did not violate state law or public policy (Tenn. Ct. App.), 1399
– – Tighter standards enacted, 215
– – Understanding and implementing breach notification rules, BNA Analysis & Perspective, 1234
– – Wellness programs, legal issues analyzed by Cong. Research Service report, 908

– Prosecution, medical records administrator indicted for allegedly stealing patient records for credit card scam (S.D. Fla.), 726

HEALTH MAINTENANCE ORGANIZATIONS (HMOs)

– Capitation agreement between unlicensed corporation and HMO is illegal and cannot be enforced by doctor who provided services (Cal. Ct. App.), 107
– Colo., HMOs will be allowed to offer limited benefit plans, governor signs new law, 559
– Emergency room charges for Kaiser members, jury trial ends in split verdict (Cal. Super. Ct.), 256
– Federal subcontractor, hospitals receiving payments for services to U.S. government employees must comply with employment discrimination requirements (DOL ARB), 756
– Kaiser Permanente agrees to pay five kidney transplant patients to settle allegations of substantial delays and inadequate care, 534
– Market concentration effect varies, GAO report, 1198
– Mo., HMO violated state rule by charging copayment and coinsurance for single service (W.D. Mo.), 799
– Out-of-network providers

– – Eating disorder, denial of coverage for daughter's residential care upheld (S.D.N.Y.), 370
– – Exclusion of chiropractors from managed care organization panel did not violate state HMO law (Tenn. Ct. App.), 435
– – N.Y. attorney general investigation of Ingenix database

See generally NEW YORK

– Sanctions against HMO and its lawyers in underpayment class action vacated (3d Cir.), 1211

HEPATITIS

– Nev., disease outbreak due to improper reuse of syringes, new law provides for immediate license suspensions, 807

HHAs (HOME HEALTH AGENCIES)

See generally HOME HEALTH CARE

HHS

See HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)

HIP PROSTHESES

See JOINT REPLACEMENT

HIPAA

See HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

HIV

See AIDS AND HIV

HMOs

See HEALTH MAINTENANCE ORGANIZATIONS (HMOs)

HOME HEALTH CARE

– Ariz., injunction requiring state to ensure disabled individuals have access to home- and community-based services reaffirmed (D. Ariz.), 562
– Cal., proposed wage cuts for workers

– – Am. Recovery and Reinvestment Act violation, CMS opinion, 637
– – Preliminary injunction halts planned cuts (N.D. Cal.), 872; Fresno County may not be dismissed from suit, 1447; emergency stay denied but appeal expedited (9th Cir.), 1447

– Collective bargaining

– – Addus HealthCare and SEIU renew contract containing neutrality agreement allowing union to organize workers, 257
– – Fresno in-home health care workers will vote whether to continue with United Healthcare Workers-West or switch to Natl. Union of Healthcare Workers, 560; Fresno workers vote by narrow margin to keep United Healthcare Workers-West, challenge expected, 839
– – Plant rule doctrine, NLRB ordered to reconsider reinstatement of aides who struck (2d Cir.), 663

– N.Y., state must restore city Medicaid funds that were cut off for failure to meet savings targets (N.Y. App. Div.), 802
– Pay cuts in CY2010 proposed rule, 1059; outlier cuts target fraud and abuse, 1082; final rule calls for 2 percent market basket update and caps outlier payments at 10 percent per agency, 1478
– Personal care services, Wash. law cutting payments to those who care for relatives does not violate ADA and Medicaid Act, injunction denied (W.D. Wash.), 1120; stayed pending appeal, 1407
– Physician approvals not obtained before bills submitted, Ind. agency agrees to pay to settle FCA allegations, 1402
– Private e-mails on company laptop, agency not entitled to read e-mails between former employee and her lawyer in sexual harassment case (N.J. Super. Ct. App. Div.), 898
– TennCare, new law authorizes home health nurses and aides to accompany patient outside of home, 908
– Value-based purchasing program options under consideration, 553
– Washington

– – Long-term caregivers ballot initiative requiring training and certification upheld (Wash.), 190
– – Telemedicine for home health services, governor signs new law allowing reimbursement, 662

– Wash., in-home personal care Medicaid services when providers are family members, temporary restraining order halts cuts (W.D. Wash.), 982

HOSPICE CARE

– FY2010, proposed rule would cut payments, 528; increase in final rule, 1058
– Phoenix physician agrees to pay to settle FCA allegations, In Brief, 828
– SouthernCare settles FCA claims, 2 suits (N.D. Ala.), 94

HOSPITAL PAYMENT

– AHA urges Senate Fin. Comm. not to cut hospitals' Medicare payments to fund health care reform, 724
– DSHs

See DISPROPORTIONATE SHARE HOSPITALS (DSHs)

– Economic stimulus law provisions supported by hospital and LTC groups, 284
– FY2010 budget, readmission rate reductions by “bundling” for post-acute care intended to save, 280
– GME

See GRADUATE MEDICAL EDUCATION (GME)

– Inpatient prospective payment system

– – Exception denied for failure to provide documentation on costs of nursing personnel upheld (9th Cir.), 34
– – FY2010

– – – Final rule increases payments to acute-care hospitals, 1057
– – – Proposed rule would lower marketbasket update, 602

– – Interoperability of electronic health records systems tests, In Brief, 1225

– Medicare wage index

See COST REPORTS

– Outlier payments

See OUTLIER PAYMENTS

– Outpatients (OPPS)

– – Hospitals urge withdrawal or delay of physician supervision of services policy change, 528
– – Inflation update of 2.1 percent in final rule, In Brief, 1477
– – Projected 1.9 percent increase in payment under proposed rule, In Brief, 917

– Pay-for-performance

See PAY-FOR-PERFORMANCE PROGRAMS

– Teaching hospitals, House lawmakers urge president to cancel cuts, 689
– “Turbocharging” allegations, impact of inflated patient treatment costs by N.J. corporation not immediate cause of reduced Medicare reimbursements to plaintiff hospitals (3d Cir.), 66

HOSPITALS

– Administrators accused of lying about events leading to death of man after restraint by police officers, intentional emotional distress claims may proceed (E.D. Va.), 1060
– Affidavit of merit required, malpractice case alleging fall due to medications that caused disorientation dismissed (N.J. Super. Ct. App. Div.), 41
– Anti-kickback laws

See ANTI-KICKBACK LAWS

– Antitrust issues

See ANTITRUST

– Balance of power shifting in hospital-medical staff relationships, BNA Analysis & Perspective, 608
– Boston Medical Center alleges state funds to support services to poor diverted to finance health reform coverage law (Mass. Super. Ct.), 970
– CAHs

See CRITICAL ACCESS HOSPITALS (CAHs)

– “Capital crunch,” economic downturn, In Brief, 142
– Certificate of need

See CERTIFICATE OF NEED (CON)

– Charity care

See generally CHARITY CARE

– Clinical integration

– – Md. will not trigger FTC challenge, advisory opinion, 487
– – New guidance, advisory opinion, 587

– Collective bargaining

See COLLECTIVE BARGAINING AGREEMENTS; NURSES AND NURSING

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

See CORPORATE GOVERNANCE

– Corporate liability doctrine does not apply to hospital's alleged failure to follow policy requiring physicians to examine every emergency room patient (Tenn. Ct. App.), 36
– Cost reports

See COST REPORTS

– Debt collection

See DEBT COLLECTION

– Defective hospital bed alleged cause of injury, suit is premises liability claim not health care action, expert report not required (Tex.), 1181
– Discharge, EMTALA issues

See PATIENT DUMPING

– Discrimination claims

– – ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– – Age

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– – Disabled persons

See AMERICANS WITH DISABILITIES ACT (ADA); DISABLED PERSONS

– – National origin

See NATIONAL ORIGIN DISCRIMINATION

– – Pregnancy

See PREGNANCY DISCRIMINATION

– – Race or ethnicity

See RACIAL OR ETHNIC DISCRIMINATION

– – Religion

See RELIGIOUS DISCRIMINATION

– – Sex

See SEX DISCRIMINATION

– DSHs

See DISPROPORTIONATE SHARE HOSPITALS (DSHs)

– Elder abuse

See ELDER ABUSE

– Elective angioplasty demonstration project, community hospitals without on-site cardiac surgery facilities may participate (N.J. Super. Ct. App. Div.), 1199
– Electronic health records

See ELECTRONIC HEALTH RECORDS

– EMTALA issues

See PATIENT DUMPING

– ERISA issues

See ERISA

– Financial ties to doctors disclosure, Am. Hosp. Ass'n urges White House to block implementation due to cost and burden, 137
– Fla. constitutional amendment requires discovery of adverse medical incident reports on patient falls and fall protections (Fla. Dist. Ct. App.), 842; rehearing denied, 1147
– FMLA

See generally FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Gainsharing

See GAINSHARING

– HIPAA issues

See generally HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

– Hospital-acquired infections

– – Joint Comm'n announces center to identify and measure unsafe health care practices, 1207
– – Survey says 65 percent of institutions have not implemented all recommended policies, 520

– Insurance coverage and reimbursement

See COVERAGE AND REIMBURSEMENT POLICIES

– IRS Form 990

See TAXATION

– Joint Commission

See JOINT COMMISSION

– Joint operating agreement, Cincinnati alliance and Christ Hospital reach separation agreement, 107
– LSCs

See LIMITED SERVICE CLINICS (LSCs)

– Medical body area networks, Fed. Communications Comm'n seeks comments on proposed frequency allocation, 954
– Medical staff, Outlook 2009, health law issues, 5
– Medical transcription companies, fraud and unjust enrichment claims against MedQuist may proceed (D.N.J.), 493
– Mergers

See MERGERS AND ACQUISITIONS

– Methicillin-resistant Staphylococcus aureus infections, new Wash. law requires hospitals to report, 598
– National standards for quality and safety still not met by many, Leapfrog survey, 520
– N.H. governor signs new required reporting of adverse events law, 1064
– N.Y., disclosure of nursing quality indicators and patient outcomes required by new law, 1301
– No duty of care to police officer injured in accident while responding to earlier incident involving collision caused by patient released while medicated (Mass.), 846
– Nonprofit

See NONPROFIT ORGANIZATIONS

– Nurses

See NURSES AND NURSING

– PATH

See PHYSICIANS AT TEACHING HOSPITALS (PATH)

– Patient dumping

See PATIENT DUMPING

– Pay-for-performance

See PAY-FOR-PERFORMANCE PROGRAMS

– Payroll taxes collected but not paid, former hospital CEO ordered to pay $1.9M (M.D. Fla.), 1095
– Privacy issues

See generally PRIVACY AND CONFIDENTIALITY

– PROs

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– PSOs

See PATIENT SAFETY ORGANIZATIONS (PSOs)

– Psychiatric

See PSYCHIATRIC CARE FACILITIES

– Public hospitals

See PUBLIC HOSPITALS

– Ratings of health care providers subject to copyright protection, motion to dismiss infringement claim denied (D. Colo.), 917
– Recruitment agreements

See PHYSICIANS

– Responsible third party designation proper in malpractice suit against doctor for harm to child (S.D. Tex.), 1507
– Right of sepulcher, hospital liable for misplacing remains of couple's infant (D. Haw.), 166
– Safety-net hospitals and CMS settle national drug codes reporting suit, 1407
– Sanctions of physicians not reported, In Brief, 739
– Self-referrals

See generally SELF-REFERRALS

– Sexual harassment, nurse awarded $15M (N.Y. Sup. Ct.), 277
– Sole community hospital status denial upheld (D.C. Cir.), 667
– Specialty hospitals

See SPECIALTY HOSPITALS

– Spoliation of evidence claim dismissed, no state cause of action for intentional or negligent loss of allegedly defective prosthesis (Ariz. Ct. App.), 1183
– Staff privileges

See STAFF PRIVILEGES

– Staffing ratios

See LEGISLATION, FEDERAL, HR 2273, S 1031

– Strict liability not applicable under Mo. law, product liability claim for cottonoid left in body after surgery dismissed (E.D. Mo.), 1090
– Taxing authority, county hospital district immune from suit by city hospital seeking to recover cost of treating indigent patients (Tex.), 606
– Telemedicine legal issues, 241
– Transfer, EMTALA issues

See PATIENT DUMPING

– Transplants

See ORGAN TRANSPLANTS

– 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
– Value-based purchasing program (VBP)

See VALUE-BASED PURCHASING PROGRAM (VBP)

– Vicarious liability

– – Blood cell reinfusion, claims reinstated because deceased patient may have reasonably believed technician was employee (Idaho), 191
– – Consent form stated physicians were independent contractors, claim fails (Ill. App. Ct.), 604
– – Employee status question remains based on 10-factor analysis, summary judgment reversed (Ind. Ct. App.), 706
– – Jury instruction error where it was undisputed pathologist was not employee but “new and independent” cause of injury instruction rejected (Tex.), 772
– – Jury verdict stands despite signed consent form containing independent contractor disclaimer (Ill. App. Ct.), 806
– – Negligence claims allowed because obstetric patient may have reasonably believed doctors were employees (N.D. Ill.), 39
– – On-call otolarynologist, hospital not liable for malpractice by independent contractor (Tex. App.), 671
– – Sexual assault of 6-year-old patient by employee, jury verdict against insurer affirmed (Ark.), 301
– – Stipulated release also released claims against emergency room physician based on negligence of attending nurse employee (Wash. Ct. App.), 849

– West Penn Allegheny Health Sys. discloses probe of financial statement claims, 377
– Wheelchairs, claims for injury to unattended woman reinstated, no expert testimony required (Ohio Ct. App.), 1411

HOURS OF WORK

– Overtime

See OVERTIME

– Temporary employees

See TEMPORARY EMPLOYEES

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