Health Law Reporter Index-Summary

LABORATORIES

LANGUAGE REQUIREMENTS

– Cal. requires translated materials and oral interpretation for limited English-speaking policyholders, 462
– SNF English-only rule, firm agrees to pay to settle national origin discrimination case (C.D. Cal.), 516

LASERS

– Leg hair removal is not health care, no expert report needed (Tex. App.), 409

LAWYERS

– Fees

See ATTORNEYS' FEES

– Privileged communications

See ATTORNEY-CLIENT PRIVILEGE

LEGISLATION, FEDERAL

– Ed. Note: This heading covers bills with assigned numbers only. For information on measures not yet assigned numbers, see specific subject headings.
– House

– – HConRes 85, FY2010 budget resolution approved with reserve funds for health care reform, 458
– – HR 1, American Recovery and Reinvestment Act, debate begins on economic stimulus bill with health measures included, HR 598 is related bill, 129; approved by House, U.S. Chamber of Commerce opposes HIPAA provision, 155; Senate moves ahead with amended bill, 185; insurers and privacy advocates disagree over provisions in IT bill, 186; signed by President Obama, 213; medical records privacy and security law tightened, 215; federal health IT advisory boards replace not-for-profit board, 216; further action, see AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
– – HR 2, Children's Health Insurance Program Reauthorization Act to extend and expand coverage passed by House, 94; passed by Senate, 155; signed by President Obama, 185
– – HR 20, Melanie Blocker Stokes MOTHERS Act would support research and services for women with postpartum depression and psychosis, 331
– – HR 193, AmeriCare Health Care Act introduced by Stark (D-Cal), reform bill modeled on revised Medicare program but maintains employer-sponsored coverage, 58
– – HR 194, MediKids Health Insurance Act introduced by Stark (D-Cal) would create universal program for children based on Medicare with benefits reflecting needs, 58
– – HR 307, Christopher and Dana Reeve Paralysis Act would support paralysis research and improved rehabilitation, 331
– – HR 448, Elder Abuse Victims Act to establish prosecution and research programs passed by House, 214
– – HR 479, Wakefield Act would improve emergency medical services for children, 331
– – HR 577, Vision Care for Kids Act would establish a grant program for children's vision care, 331
– – HR 598, American Recovery and Reinvestment Act includes Medicaid, health information technology incentives, preventive care, and comparative effectiveness research funds, 94; approved by Ways and Means Comm. and Commerce Comm. approves health sections, 129; HR 1 is related bill, 129
– – HR 756, National Pain Care Policy Act would authorize chronic pain research, education, and training, 331
– – HR 914, Physician Workforce Enhancement Act would create loan program for certain hospitals to establish residency training programs, 331
– – HR 1246, Early Hearing Detection and Intervention Act would improve hearing screenings and follow-up care for infants and children, 331
– – HR 1253, Health Insurance Restrictions and Limitations Clarification Act sponsored by Burgess (R-Tex) and Stupak (D-Mich) would require group health plans to disclose limitations on coverage for high-risk recreational activities, 331; passed by House, 429
– – HR 1256, Family Smoking Prevention and Tobacco Control Act would give FDA authority to regulate tobacco, 331
– – HR 1259, Dextromethorphan Distribution Act would restrict the distribution and possession of cough suppressant by nonlicensed or nonregulated professionals, 331
– – HR 1346, Medical Device Safety Act to reverse Supreme Court ruling on federal law preemption of state tort actions debated, companion bill is S 540, 658
– – HR 1427, Promoting Innovation and Access to Life-Saving Medicine Act would allow FDA to approve generic versions of biotech drugs, 366
– – HR 1706, Protecting Consumer Access to Generic Drugs Act, ban on reverse payments as part of patent settlements supported by FTC member, 429; approved by House panel, 759
– – HR 1748, Fight Fraud Act expands law to cover stimulus package funds but does not contain FCA provisions, 590
– – HR 1776, Quality FIRST Act calling for quality measures and reporting and value-based payments supported by hospital group, 519
– – HR 1788, False Claims Act Correction Act introduced by Berman (D-Cal), approved by House Judiciary Comm., similar to S 386, 590
– – HR 1947, Accountability in Deferred Prosecution Act introduced by Pallone (D-NJ) and Pascrell (D-NJ) to eliminate inconsistency and lack of oversight, 864
– – HR 2273, Nurse Staffing Standards for Patient Safety and Quality Care Act introduced by Schakowsky (D-Ill), companion bill is S 1031, 658
– – HR 2345, Fair Credit Reporting Act amendment to exempt health care practices with 20 or fewer employees from FTC identity theft prevention “red flag” rule introduced by Adler (D-NJ), 658
– – HR 2427, Informed Consumer Choices in Health Care Act to require standardized health insurance policy disclosures introduced by DeLauro (D-Conn) and Schwartz (D-Pa), companion bill is S 1050, 658
– – HR 2516, Medical Rights Act introduced by Kirk (R-Ill) and Dent (R-Pa) would prohibit government interference in doctor-patient relationships, 689
– – HR 2520, Independent Health Record Trust Act, GOP reform plan introduced by Ryan (R-Wis) and Nunes (R-Cal), companion bill is S 1099, 689
– – HR 2918, Legislative Branch Appropriations Act, House approves temporary funding for Ryan White HIV/AIDS programs set to expire, 1327
– – HR 2997, FY2010 Agriculture, Rural Development, FDA, and related agencies appropriations, conference report approved by House and Senate, 1367; signed by president, 1437
– – HR 3200, America's Affordable Health Choices Act, House Democrats' reform package includes public plan option, Medicare spending cuts, and new taxes on high-income Americans, 940; key provisions and endorsements, 965; negotiations with anti-deficit Blue Dog Democrats continue, 1017; House panel includes negotiated reimbursement rates for public insurance option, 1047; Part D drug price negotiations and public plan formulary amendments approved by committee, 1047; Health IT Coalition supports adoption but would like more incentives, 1111; end-of-life care controversy, 1111; incentive payments to states for malpractice reforms, 1195; House leaders in no rush, 1298; House panel passes supplementary amendments, 1298; Pelosi (C-Cal) says House bill will include public option, 1367; final version unveiled, 1437; further action, see LEGISLATION, FEDERAL, HR 3962
– – HR 3293, Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act passed by House, 1017
– – HR 3596, Health Insurance Industry Antitrust Enforcement Act would repeal McCarran-Ferguson Act for health and malpractice insurers, companion bill is S 1681, 1249; hearings before House panel, 1362; reported by House Judiciary Comm., 1431
– – HR 3763, Fair Credit Reporting Act amendment to exempt small health care, accounting, and legal practices from FTC “red flags” rule, 1376; approved by House, 1413; FTC moves deadline to June, 2010, 1482
– – HR 3792, Ryan White HIV/AIDS Treatment Extension Act expected to be considered by House, similar bill is S 1793, 1403; related bill signed by president, 1471
– – HR 3961, Medicare Physician Payment Reform Act, physician payment fix removed from overall reform bill, 1471
– – HR 3962, Affordable Health Care for America Act introduced to replace HR 3200, physician pay fix removed and other features analyzed, 1471; approved by House with antiabortion amendment, 1493

– Senate

– – SConRes 13, FY2010 budget resolution approved with reserve funds for health care reform, 458; tentative agreement includes fast-track for health care reform legislation, 553; budget plan as passed would allow reconciliation if health reform does not pass by Oct. 15 and cancels physician pay cut, 593
– – S 1, American Recovery and Reinvestment Act approved by Senate Fin. Comm. includes Medicaid funds for states, funds for health information technology, and funds to extend health insurance for terminated workers, 129; approved by Senate Fin. Comm., 155
– – S 301, Physician Payments Sunshine Act introduced by Kohl (D-Wis) and Grassley (R-Iowa) would require drug and device companies to report payments and gifts to doctors, 129
– – S 386, Fraud Enforcement and Recovery Act to increase FCA liability for contractors and subcontractors reported to full Senate for vote, 366; approved by Senate, reconciliation with HR 1748 and HR 1788 possible, 590; approved by House, Senate approval of amended measure needed, 627; Senate approves by unanimous consent, 656; signed by president, one amendment applies retroactively, 685; further action, see FRAUD ENFORCEMENT AND RECOVERY ACT (FERA)
– – S 458, False Claims Clarification Act introduced by Grassley (R-Iowa) requires Justice Department to submit annual report about FCA settlements and help recover from subcontractors, 331
– – S 540, Medical Device Safety Act to reverse Supreme Court ruling on federal law preemption of state tort actions debated, companion bill is HR 1346, 658
– – S 726, Promoting Innovation and Access to Life-Saving Medicine Act would allow FDA to approve generic versions after 5 years of exclusive marketing, 429
– – S 882, Drug and Device Accountability Act would augment FDA resources through inspection fees and expand authority including new subpoena powers and penalties for false certifications, 553
– – S 974, Medicaid Accountability Through Transparency (MAT) Act introduced by Martinez (R-Fla) would require making claims data public and allow review and tracking of trends as well as penalizing states for noncompliance, 630
– – S 975, Seniors and Taxpayers Obligation Protection (STOP) Act introduced by Martinez (R-Fla) to curb Medicare and Medicaid fraud, 630; Cornyn (R-Tex) endorses plan, 725
– – S 1031, National Nursing Reform and Patient Advocacy Act to establish staffing ratios introduced by Boxer (D-Cal), companion bill is HR 2273, 658
– – S 1050, Informed Consumer Choices in Health Care Act to require standardized health insurance policy disclosures introduced by Rockefeller (D-WVA), companion bill is HR 2427, 658
– – S 1099, Independent Health Record Trust Act, GOP reform plan introduced by Coburn (R-Okla) and Burr (R-NC), companion bill is HR 2520, 689
– – S 1177, Confidence in Long-Term Care Insurance Act introduced by Kohl (D-Wis) to strengthen consumer protection, 759
– – S 1213, Patient-Centered Outcomes Research Act introduced by Baucus (D-Mont) and Conrad (D-ND) would establish research institute on best clinical outcome for patients, 796
– – S 1681, Health Insurance Industry Antitrust Enforcement Act would repeal McCarran-Ferguson Act for health and malpractice insurers, companion bill is HR 3596, 1249; Senate hearing on exemption, 1397
– – S 1776, Physician pay cut cancellation and doctors' pay freeze for 10 years introduced by Stabenow (D-Mich), 1403; cloture motion fails in Senate, issue likely to be delayed, 1437
– – S 1793, Ryan White HIV/AIDS Treatment Extension Act passed by Senate, similar bill is HR 3792, 1403; House passes Senate bill reauthorizing funding through 2013 and eliminating sunset provision, 1437; signed by president, 1471
– – S 1796, America's Healthy Future Act introduced by Baucus (D-Mont), health care reform talks continue, 1403; AHLA practice group looks at “community benefit” standard and other adjustments to current tax exemptions, 1454

LICENSES AND LICENSING

– Arizona

– – Defamation, physician who reports alleged medical malfeasance to licensing board in good faith cannot be sued if report turns out to be false (Ariz. Ct. App.), 1184
– – Nonphysicians may operate outpatient treatment center (Ariz. Ct. App.), 43

– California

– – Capitation agreement between unlicensed corporation and HMO is illegal and cannot be enforced by doctor who provided services (Cal. Ct. App.), 107
– – Driving under influence arrests, nexus sufficient to allow disciplinary action for off-duty conduct (Cal. Ct. App.), 1175
– – Hospitals fined for patient risks and licensing noncompliance, 346; announcement of fines against 13 more hospitals, 706; penalties against 11 hospitals announced, 1310
– – Medical Board furloughs and funds transfer, physicians sue Cal. governor (Cal. Super. Ct.), 1405
– – Nursing home cited and fined for patient death due to inadequate care, 801

– CON

See CERTIFICATE OF NEED (CON)

– Corporate practice of medicine

See CONTRACTS AND CONTRACTORS

– Disciplinary actions

See DISCIPLINARY ACTIONS

– Fla., suspension of physician who performed third trimester abortion in clinic upheld (Fla. Dist. Ct.), 978
– Ind., LoCost Rx Inc. reaches agreement with Pharmacy Bd. on improper disposal of records, Walgreens cases pending, 795
– Iowa medical board has authority to discipline physician who did not seek to renew lapsed license (Iowa Ct. App.), 840
– Ky. law allows physicians to bill for physical therapy services although not licensed as physical therapists (Ky.), 570
– Mass., peer review privilege does not bar medical board's discovery of credentialing records in probe of competency (Mass.), 1122
– Minn., RN disqualified from holding certain posts because of felony conviction, no due process violation (Minn. Ct. App.), 24
– Mo., clinics that provide medication but not surgical abortion services may not pursue state claims challenging law requiring ASC licenses because duplicative of federal lawsuit (Mo. Ct. App.), 1127
– Neb., physician lacks standing to assert privilege to bar release of records of state disciplinary action leading to voluntary surrender of license (Neb.), 1148
– Nev., hepatitis outbreak due to improper reuse of syringes, new law provides for immediate license suspensions, 807
– N.J., legislature approves safe harbor bill for ASCs in which referring physician has financial interest, 184; new law signed by governor, 395
– New York

– – Physician misconduct investigation, doctor must produce medical and billing records to state medical board (N.Y. App. Div.), 1176
– – Provider license need not be fraudulent to be ineligible for payment under no-fault automobile insurance law (N.Y. Sup. Ct.), 346

– Ohio

– – Disciplinary proceedings against physician, doctor failed to show prejudice due to 5-year delay (Ohio Ct. App.), 1302
– – Intent to deceive board can be inferred from failure to answer question on application truthfully (Ohio Ct. App.), 295

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

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– P.R., injunctive relief denied to physician who claims license suspension based on arbitrary cosmetic surgery practice restriction (1st Cir.), 1022
– Technicians unlicensed, sleep lab owners agree to pay to settle FCA allegations, 58
– Telemedicine legal issues, 241
– Tex., unnecessary surgery led to death, revocation of surgeon's medical license affirmed, witness bias claim fails (Tex. App.), 404
– Vermont

– – Over-prescribing narcotics, license suspension affirmed (Vt.), 1502
– – Unprofessional conduct by ophthalmologist assessing and treating patients with cataracts, discipline affirmed (Vt.), 1176

LIENS

– Subrogation issues

See SUBROGATION

LIMITATIONS PERIODS

See STATUTES OF LIMITATIONS; STATUTES OF REPOSE

LIMITED SERVICE CLINICS (LSCs)

– Altercation at retail clinic, nurse practitoner's claims against Medcor Inc. and Target dismissed (D. Minn.), 639
– Offerings expanded but state efforts to regulate retail health clinics slow, 485

LOBBYING

– Health reform progress possible, AARP legislative agenda briefing, 27
– Humana Inc., GOP threatens to delay HHS nominations due to CMS letter ordering plans not to discuss reform legislation in mailings to enrollees, 1298

LOCAL GOVERNMENT

See STATE AND LOCAL GOVERNMENT

LONG-TERM CARE

– Changes crucial to health care reform, witnesses tell Senate panel, 429
– CMPs, immediate jeopardy due to lack of supervision, penalty of $97,500 upheld (5th Cir.), 840
– Economic stimulus law provisions supported by industry groups, 284
– False claims by facilities for mentally retarded adults alleged, former case manager's complaint dismissed for lack of billing details (10th Cir.), 1399
– Institutional pharmacy's price conspiracy claim against merged insurers dismissed (N.D. Ill.), 123
– Insurance, reform bill

See LEGISLATION, FEDERAL, S 1177

– Joint Comm'n seeks comments on staffing effectiveness requirements, 807
– Kickbacks through sham DME provider, nursing chain agrees to pay to resolve allegations (N.D. Miss.), 1367
– Quality of care settlement requires hiring full-time physician assistant, In Brief, 1205
– Washington

– – Caregivers ballot initiative requiring training and certification upheld (Wash.), 190
– – Disabled adults, temporary restraining order bars eliminating services but class certification denied (W.D. Wash.), 982

LOUISIANA

– Abortion, emergency contraception, stem cell research and cloning, governor signs law to protect health care workers who choose not to participate, 988
– African-American orthopedic surgeon's defamation and bias claims for summary suspension properly dismissed (5th Cir.), 670
– BCBS, “full and fair” review violated by raising new reason for denying benefits, case remanded for further proceedings (5th Cir.), 398
– Conversion to for-profit entity, BCBS plan may be entitled to refund of some income taxes (M.D. La.), 956
– Dental implant designer and adviser not liable for harm to injured patients (La. Ct. App.), 881
– Electronic health records loan program, governor signs bill, 988
– HIPAA, La. law improper disclosure claims must be tried in state court (W.D. La.), 1208
– In-school dentistry, FTC staff urges legislature to reject bill prohibiting, 589
– Medical school agrees to pay to settle FCA allegations (W.D. La.), In Brief, 1017
– Statutes of limitations, clinic's claim for Medicaid reimbursement time-barred (M.D. La.), 1306

LOW-INCOME PERSONS

– Dual eligibles

See DUAL ELIGIBLES

LSCs

See LIMITED SERVICE CLINICS (LSCs)

LTC

See LONG-TERM CARE