Health Law Reporter Index-Summary

MALPRACTICE

– Birth-injury compensation plan

– – Hospital's liability limited by predelivery notice given by doctor (Fla. Dist. Ct. App.), 42
– – Notice by only one entity inadequate (Fla.), 105

– Md., noneconomic damages cap applies where arbitration waived (Md.), 106
– Subrogation issues

See SUBROGATION

MALPRACTICE INSURANCE

– McCarran-Ferguson Act repeal for health and malpractice insurers

– – Proposals

See LEGISLATION, FEDERAL, HR 3596, HR 3962, S 1681

– – Warnings from actuaries, 131

MANAGED CARE

– Cal., timely access to nonemergency care rules, 145
– Medicaid

See MEDICAID MANAGED CARE

– Out-of-network services

– – “Allowable amount” challenge (N.D. Ill.), 141
– – N.J., assignment of benefits, plans must pay out-of-network providers, 146

MARKETING

– DME, telemarketing calls to beneficiaries improper, IG notice, 95
– N.H., new health data law, 27
– Off-label use

See OFF-LABEL USE

MARYLAND

– Noneconomic damages cap applies where arbitration waived (Md.), 106

MASSACHUSETTS

– Medicaid, appropriate settings, challenge to class of developmentally disabled persons settlement (1st Cir.), 148

MEDICAID

– Colo., in-home attendant care cuts (Colo. Dist. Ct.), 77
– Dental management company services to low income children (D. M.D.), 135
– EHR incentives

See ELECTRONIC HEALTH RECORDS

– Managed care

See MEDICAID MANAGED CARE

– Mass., appropriate settings, challenge to class of developmentally disabled persons settlement (1st Cir.), 148
– Medi-Cal

See CALIFORNIA

– Nebraska, funding in health reform bill

See LEGISLATION, FEDERAL, HR 3590

– N.D., recipients may reclaim some third-party benefits from state (D.N.D.), 35
– Subrogation, settlement for injuries to minor child to satisfy Medicaid lien (Pa.), 75

MEDICAID DRUG COVERAGE

– Ala., average wholesale price litigation, AstraZeneca, GlasxoSmithKline, and Novartis win on appeal (Ala.), 133
– Wash., pharmacies to stop filling prescriptions due to pay cuts, 149

MEDICAID FRAUD

– N.J., state False Claims Act amended to increase recoveries, 134
– Nursing homes quality of care, St. Louis-area owner agrees to pay over $1M in fines (E.D. Mo.), 75
– Payments for referrals alleged, Tulsa hospital agrees to pay to settle claims, 24
– St. Louis orthopedic clinic settles billings charges, 98

MEDICAID MANAGED CARE

– Haw., mandated enrollment for aged, blind, or disabled (D. Haw.), 76

MEDICAL DEVICES

– La., diagnostic devices tax exemption (La. Ct. App.), 80
– Pulse oximeters, no antitrust violation for new and improved devices (9th Cir.), 62

MEDICAL RECORDS

– Ariz. chiropractor must produce records of nonpatient subpoenaed by licensing board (Ariz. Ct. App.), 103
– Electronic health records

See ELECTRONIC HEALTH RECORDS

– HIPAA

See HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

MEDICARE

– Cost reports

See COST REPORTS

– EHR incentives

See ELECTRONIC HEALTH RECORDS

– Hospital payment

See HOSPITAL PAYMENT

– Independent Payment Advisory Board

See LEGISLATION, FEDERAL, HR 3590

– Outlook 2010, top health law issues, 5
– Part B drug coverage

See MEDICARE DRUG COVERAGE

– Part D

See MEDICARE DRUG COVERAGE

– Pay-for-performance

See PAY-FOR-PERFORMANCE PROGRAMS

– Physician payment

See PHYSICIAN PAYMENT

MEDICARE+CHOICE

– Ed. Note: The name of this program was changed from Medicare+Choice to Medicare Advantage under the Medicare Prescription Drug, Improvement and Modernization Act of 2003.

MEDICARE DRUG COVERAGE

– Ed. Note: Entries at this heading refer to Medicare Part D unless otherwise indicated.
– Part B inhalation drugs, least costly alternative policy not allowed to set reimbursement rates (D.C. Cir.), 37

MEDICARE FRAUD

– Blood gas test interpretations allegedly not performed, Tex. hospital agrees to pay, 24
– Evaluation and management of cardiology patients overbilling alleged, Genesys Health Sys. agrees to pay, 24
– Nursing homes quality of care, St. Louis-area owner agrees to pay over $1M in fines (E.D. Mo.), 75
– NYC podiatrist, settlement (S.D.N.Y.), 135
– Payments for referrals alleged, Tulsa hospital agrees to pay to settle claims, 24
– St. Louis orthopedic clinic settles billings charges, 98
– “Skid Row” recruiting for unnecessary treatment, consent judgment (C.D. Cal.), 134
– Unreasonable and unnecessary hospital admissions alleged, Minn. hospital and physician agree to pay (D. Minn.), 24

MEDICARE REFORM

– Health care reform, House and Senate bills

See LEGISLATION, FEDERAL, HR 3590, HR 3962

MENTAL HEALTH

– EMTALA application to inpatients briefing, suit by estate of woman murdered by discharged husband (U.S., interim order), 150

MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES

– Appropriate settings, challenge to class of Mass. developmentally disabled persons settlement upheld (1st Cir.), 148
– Autism, applied behavioral analysis therapy

See AUTISM

MERGERS AND ACQUISITIONS

– HealthNet assets acquired by United Healthcare, HIPAA privacy issues, 139
– Nonprofit corporate law developments in 2009, BNA Analysis & Perspective, 111
– Scott & White Healthcare acquisition of King's Daughters Hospital, investigation ended due to distressed financial condition (FTC), 19
– Univ. of Pittsburgh Medical Center/Braddock Medical Center not related, depreciation denial (3d Cir.), 149

MICHIGAN

– Medicaid, unnecessary visits by physicians alleged, home health company agrees to pay, 24
– Staff privileges, permanent probation for refusal to record patients' prescription histories (Mich. Ct. App.), 104
– Whistleblowers, former ambulance company employee may assert claim (W.D. Mich.), 94

MISSISSIPPI

– Lung transplant, misrepresentation of plan coverage state law suit (S.D. Miss.), 71

MISSOURI

– Nursing homes quality of care, St. Louis-area owner agrees to pay fines over $1M (E.D. Mo.), 75

MONTANA

– Assisted suicide, physicians may aid terminally ill patients (Mont.), 39