Health Law Reporter Index-Summary

IDAHO

– Medicaid, limitations on inpatient psychiatrist treatment reimbursements upheld (Idaho), 1304
– Negligent credentialing claim reinstated, no immunity for hospital that granted privileges to physician with alcohol abuse problem (Idaho), 949
– Vicarious liability of hospital for blood cell reinfusion, claims reinstated because deceased patient may have reasonably believed technician was employee (Idaho), 191

IDENTITY THEFT

– Patient records allegedly stolen for credit card scam, medical records administrator indicted (S.D. Fla.), 726
– “Red flag rules”

– – Application to practicing attorneys, ABA files challenge (D.D.C.), 1187
– – Enforcement delayed again, 607; FTC announces further delay, 1031; deadline moved to June, 2010, 1482
– – Health insurer's compliance obligations, BNA Analysis & Perspective, 1380
– – Health providers must prepare, attorneys say, 1152
– – New laws present triple threat to technology managers, BNA Analysis & Perspective, 537
– – Small practice exemption

See LEGISLATION, FEDERAL, HR 2345, HR 3763

– Utah governor signs bill to reduce fraud, 432

ILLINOIS

– Abortion, parental notification law constitutional (7th Cir.), 988
– Allstate settles nationwide class action related to medical billing review system's allegedly incorrect calculations for auto and homeowner claims (Ill. Cir. Ct.), 1115
– Anti-Kickback Act, physician trying to prevent partners from forcing him to liquidate his partnership interest did not establish federal cause of action (7th Cir.), 882
– Arbitration, Federal Arbitration Act does not apply and state law bars pre-suit waiver of trial rights, nursing home clause unenforceable (U.S., rev den), 721; motion for reconsideration granted due to conflicting state appellate decisions (Ill.), 1107
– Cardiac scanner testing volunteer owed no duty of due care by staff radiologist who exceeded obligation by warning of danger (Ill. App. Ct.), 262
– Charity care

– – Advocate Health Care agrees to implement free and discounted uninsured patient care plan (Ill. Cir. Ct.), 151
– – Court approves settlement between hospitals and undetermined class over billing overcharges and collection methods (Ill. Cir. Ct.), 106
– – Provena Covenant Med. Center, oral arguments on tax exemption for Catholic hospital (Ill.), 1310

– Community integrated living arrangements incorrectly denied to man with cerebral palsy (Ill. App. Ct.), 636
– Drug to prevent respiratory disease in children, Mo. specialty pharmacy settles FCA charges, 1110
– Federal Employees Health Benefits Act, 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
– Good Samaritan laws, doctors who participated in emergency delivery of baby are immune from liability (N.D. Ill.), 192
– Hour delay in completing delivery of dead baby, expert evidence not needed to prove emotion distress claims (Ill.), 1505
– Kickbacks alleged, radiology centers agree to pay to settle charges (Ill. Cir. Ct.), 155
– Medicaid average wholesale price litigation

– – Amgen and Immunex Corp. settlement announced (Ill. Cir. Ct.), 940
– – Baxter agrees to pay to settle (Ill. Cir. Ct.), In Brief, 1047

– Mental health records disclosed during discovery in divorce case, claim reinstated (Ill. App. Ct.), 1448
– Physicians and others who provided psychiatric treatment to man who murdered his wife did not voluntary undertake a duty to protect her (Ill.), 1308
– PPO contract

– – Chiropractor may pursue claims alleging insurer failed to do anything to steer patients to her practice (S.D. Ill.), 403
– – Physician group denied class certification in suit related to alleged incentives (C.D. Ill.), 158

– Retaliation, respiratory therapist fired after statements to accreditors failed to show termination violated public policy of ensuring patient safety (Ill.), 825
– Statute of repose does not bar lawsuit alleging Pap smears misread over multiple years (N.D. Ill.), 225
– Uninsured pricing statute establishes maximum charges for medically necessary services, 513
– Vicarious liability of hospital

– – Consent form stated physicians were independent contractors, claim fails (Ill. App. Ct.), 604
– – Jury verdict stands despite signed consent form containing independent contractor disclaimer (Ill. App. Ct.), 806
– – Obstetric patient may have reasonably believed doctors were hospital employees (N.D. Ill.), 39

– Wrongful birth claim for extraordinary costs of caring for disabled adult, parents' suit based on erroneous genetic counseling may proceed (Ill. App. Ct.), 568

IMMIGRATION

– Criminal prosecution of “indentured servant” immigrant nurses and their attorney barred (N.Y. Sup. Ct.), 141
– Florida

– – 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

– Foreign nurse employment agreement not unconscionable (Tenn. Ct. App.), 1168

IMPLANTS

– Hip and knee

See JOINT REPLACEMENT

IMPORTATION

– Drug reimportation bill likely, senators say, 58
– IUDs from Mexico, Medi-Cal suspension of doctor charged with using misbranded devices upheld, rehearing denied (9th Cir.), 136

INCINERATORS

– Medical waste emission standards tightened, final rule, 1267

INDIANA

– Assumption of risk defense rejected in medical malpractice action but patient's knowledge can be shown based on understanding of risks from prior procedures (Ind.), 847
– Expert witnesses

– – Exclusion of testimony on necessity of treatment in auto accident negligence suit upheld and plaintiff's hearsay testimony about medical tests allowed (Ind. Ct. App.), 344
– – Patient compensation fund's expert testimony on preexisting risk of harm allowed if relevant to amount of damages (Ind.), 345
– – Testimony based solely on knowledge and experience not subject to state evidence reliability requirement, judgment for doctor in delivery malpractice suit reversed (Ind. Ct. App.), 880

– False drug screen results for newborn, hospital may not be immune under state child abuse reporting law due to alleged failure to correct error quickly (N.D. Ind.), 39
– Improper disposal of prescription records, LoCost Rx Inc. reaches agreement with Pharmacy Bd., Walgreens cases pending, 795
– Kyphoplasty, hospitals agree to pay to settle FCA allegations (W.D.N.Y.), In Brief, 777
– Malicious prosecution and abuse of process claims brought by nursing home against state health inspectors failed due to insufficient evidence, affirmed (7th Cir.), 258
– Medicaid, state agency should not be held in contempt for alleged violations of consent decree covering eligibility determinations for disabled persons (7th Cir.), 767
– Pharmacy owed no duty to warn woman of drug interaction (N.D. Ind.), 985
– Pornographic web sites allegedly accessed on hospital computer, terminated at-will employee fails to prove he was victim of gender bias (7th Cir.), 898
– Statutes of limitations

– – Civil rights violation allegations against hospital based on emergency room adverse events do not “relate back” to original complaint and are time-barred (S.D. Ind.), 263
– – Illness does not extend time to file malpractice claim against doctor who failed to diagnose tumor (Ind. Ct. App.), 194

– Vicarious liability of hospital and physicians group, employee status question remains based on 10-factor analysis, summary judgment reversed (Ind. Ct. App.), 706

INDIGENT CARE

See CHARITY CARE

INFLUENZA

– H1N1

See H1N1 VIRUS

– Vaccinations

See VACCINATIONS

INFORMATION NETWORKS AND TECHNOLOGY

– Databases

See DATABASES AND DATA BANKS

– E-prescriptions

See E-PRESCRIPTIONS

– Electronic health records

See ELECTRONIC HEALTH RECORDS

– Health IT

– – Advisory panel nominations sought, 368
– – Antitrust aspects of information sharing by public and private health insurers, BNA Analysis & Perspective, 990
– – Blumenthal named HHS national coordinator, In Brief, 412
– – Bonus payments

See LEGISLATION, FEDERAL, S 1

– – Economic stimulus package

– – – BNA audioconference, 350
– – – Due process and privacy challenge to stimulus provision, proposed class action filed (S.D.N.Y.), 906
– – – Funding

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

– – – Privacy concerns raised by coalition, 27
– – – State-by-state needs to implement mandates outlined by report, 1080
– – – States must act quickly to tap stimulus funds, 289
– – – Stricter rules on privacy and security addressed by attorneys, 1080

– – Federal role expanded, attorney says, 661
– – Governance, federal advisory boards replace not-for-profit board, 216
– – Health information exchanges (HIEs)

– – – Insurer data exchange application for exemption denied by IRS due to lack of public benefit, 1510
– – – Opportunities for growth, 1463

– – Hospital adoption levels low, In Brief, 443
– – Identity theft

See IDENTITY THEFT

– – Interim rule implements higher penalties mandated by HITECH Act, 1473
– – Late adopters, advisory panel recommends more time to meet standards, 972
– – Loans for small practices proposed by Dahlkemper (D-Pa), 866
– – Medical errors, Grassley (R-Iowa) questions firms about systems problems, 1471
– – National standards for medication error prevention still not met by many hospitals, Leapfrog survey, 520
– – New laws present triple threat to technology managers, BNA Analysis & Perspective, 537
– – “Red flag rules”

See IDENTITY THEFT

– – Regional health information organizations

See REGIONAL HEALTH INFORMATION ORGANIZATIONS (RHIOs)

– – Risk management, doctors urged to adopt quality programs to improve office practices, 690
– – Secure exchange of information, Wash. governor signs new law, 662
– – Sharing of data across state lines by 2011 predicted by HHS official, 633
– – Support for reform bill, but more incentives urged by Coalition

See LEGISLATION, FEDERAL, HR 3200, HR 3962

– – Vendor contracts shift liability to providers, journal article says, 460

– Identity theft issues

See IDENTITY THEFT

– Internet

See INTERNET

– Outlook 2009, top health law issues, 5

INFORMED CONSENT

– Abortion, portions of S.D. law violate First Amendment rights of physicians (D.S.D.), 1153
– Ga. requirements do not apply to chiropractors (Ga.), 773
– Ind., assumption of risk defense rejected in medical malpractice action but patient's knowledge can be shown based on understanding of risks from prior procedures (Ind.), 847
– Md., claim based on alleged lack of consent where there was failure to disclose treatment risks and alternatives allowed (Md.), 1027
– Minn., genetic privacy law allegedly violated by collecting and storing newborn blood and DNA without parental consent (Minn. Dist. Ct.), 367
– N.Y. clarifies rule on paired kidney exchanges and similar arrangements, 1207
– Nonconsensual elective surgery for mentally retarded adults claims dismissed but question of attempt to obtain consent allowed (D.D.C.), 67
– Vicarious liability of hospital

– Wis. law requires physician to disclose all alternate treatments, claim for failure to disclose additional diagnostic tests allowed (Wis.), 1027

INSPECTIONS

See also INVESTIGATIONS
– Fees for FDA

See LEGISLATION, FEDERAL, S 882

– Malicious prosecution and abuse of process claims brought by nursing home against state health inspectors failed due to insufficient evidence, affirmed (7th Cir.), 258
– Nursing homes among high-hazard facilities targeted by Occupational Safety and Health Admin., 1221

INSURANCE

– Health insurance

See HEALTH INSURANCE

– Long-term care, reform

See LEGISLATION, FEDERAL, S 1177

– Malpractice insurance

See MALPRACTICE INSURANCE

INSURANCE FRAUD

– Private insurers

See HEALTH INSURANCE FRAUD

INTERNATIONAL DEVELOPMENTS

– Abortion, ban on world family planning aid reversed, 129
– Global increase in business opportunities leads to more FCPA cases, attorneys say, 899
– Imports

See IMPORTATION

INTERNET

– Blog post did not violate privacy policy, nursing student reinstated (W.D. Ky.), 1113
– E-prescriptions

See E-PRESCRIPTIONS

– HHS Off. of Civil Rights website, In Brief, 230
– Nursing Home Compare website, state attorneys general urge HHS to suspend quality rating system, 1220
– Pornographic websites allegedly accessed on hospital computer, terminated respiratory therapist fails to prove he was victim of gender discrimination (7th Cir.), 898
– Private e-mails on company laptop, home health care agency not entitled to read e-mails between former employee and her attorney in sexual harassment case (N.J. Super. Ct. App. Div.), 898
– Sherman Act claims of online pharmacy against PBMs time-barred (U.S., rev den), 1465
– Tenn., insurers must establish preadjudication tool, new law signed, 808

INVESTIGATIONS

See also INSPECTIONS
– Boards of directors under scrutiny to oversee quality of patient care, attorneys advise, 821
– Cal., PacifiCare market conduct probe, 835
– Clinical trials, charges reinstated against drug investigator for failing to adhere to FDA recordkeeping and reporting requirements (5th Cir.), 210
– Due process, lengthy suspension of radiologist during Medi-Cal fraud probe no violation (Cal. Ct. App.), 945
– Executive compensation, Mass. attorney general announces increased oversight of nonprofit charitable health organizations, 1200
– FERA changes civil investigative demands procedure and allows earlier whistleblower access to findings, 1013
– Govt. Accountability Off. says CMS should revise methodology for identifying poorly performing nursing homes, 1303
– HCQIA, ends only with final action or formal closure, hospital appropriately reported physician's resignation to NPDB (1st Cir.), 104
– Limited benefit plans marketing, N.Y. probe continues, 1117
– Mass. probe of relationship between payments by insurers to providers and health care cost increases, 71
– Medical device off-label promotions now being targeted by government probes, 453
– Out-of-network providers

– – Ingenix database use, N.Y. attorney general probe

See generally NEW YORK

– – Reimbursement methods, Rockefeller (D-WVa) calls for probe, 429; letter to insurers seeks more information, 458

– Peer review privilege does not bar medical board's subpoena of credentialing records in probe of competency (Mass.), 1122
– Physician misconduct probe, doctor must produce medical and billing records to state medical board (N.Y. App. Div.), 1176
– Sham alleged, intentional infliction of emotional distress claim of fired nuclear medicine technologist dismissed for lack of proof (D.D.C.), 91
– Student health plans

See COLLEGES AND UNIVERSITIES

– Usual, customary, and reasonable database, N.Y. attorney general

See generally NEW YORK

– West Penn Allegheny Health Sys. discloses probe of financial statement claims, 377

IOWA

– Emotional distress, hospital employee whose health records were accessed by fellow workers may not recover damages due to failure to prove emotional injury (Iowa), 702
– Inactive doctor, state medical board has authority to discipline physician who did not seek to renew lapsed license (Iowa Ct. App.), 840
– Prescription drug benefit program, HHS refusal to approve plan amendment upheld (8th Cir.), 1146
– Upcoding of eye exams determination by Medicaid agency erroneous (Iowa), 981

IRFs (INPATIENT REHABILITATION FACILITIES)

See REHABILITATION SERVICES

See INFORMATION NETWORKS AND TECHNOLOGY