Health Law Reporter Index-Summary

NATIONAL INSTITUTES OF HEALTH (NIH)

– Collins cleared by Senate panel to be director, 1047
– Senators tell Sebelius more funding needed, 796
– Stimulus funds will go to “good science,” official tells panel, 429

NATIONAL LABOR RELATIONS BOARD (NLRB)

– Jurisdiction, exclusive authority over claim alleging illegal discharge for union organizing (Ky.), 126
– Two-member rulings

– – Circuits split on authority to issue decisions and orders (D.C. Cir.) (7th Cir.), 598
– – Panel has authority to issue decisions and orders (2d Cir.), 836; (U.S., rev sought), 1301

NATIONAL ORIGIN DISCRIMINATION

See also RACIAL OR ETHNIC DISCRIMINATION
– Boston neurosurgeon of Indian descent awarded $1.6M by jury in retaliation and hostile environment suit (D. Mass.), 243
– SNF English-only rule, firm agrees to pay to settle national origin discrimination case (C.D. Cal.), 516

NATIONAL PRACTITIONER DATA BANK (NPDB)

– First Amendment rights of public employees are limited, physician failed to state a claim in suit alleging employer settled malpractice action without his knowledge and reported outcome to NPDB (N.D. Ill.), 392; reconsideration motion denied, 1121
– HCQIA “investigation” ends only with final action or formal closure, hospital appropriately reported physician's resignation (1st Cir.), 104
– Immunity does not apply to suit by temporary radiologist who left after two days due to alleged patient safety concerns (W.D. Okla.), 638
– Negligent credentialing, inquiry to NPDB necessary part of staff privilege application process, attorneys say, 789
– Sanctions of physicians not reported, In Brief, 739
– Whether report was “legally required” challenge must first be administratively reviewed by HHS Sec'y (D. Nev.), 947

NEBRASKA

– Arbitration, nursing home agreement signed by son invalid because not condition of admission so authority lacking (Neb.), 1431
– Gastric band alleged cause of injuries, expert opinion on proximate cause needed (Neb.) (correction), 42
– Records of state disciplinary action leading to voluntary surrender of medical license, physician lacks standing to assert privilege (Neb.), 1148

NEEDLES AND SHARPS

– Beckton Dickinson & Co. announces settlement of direct purchasers' antitrust class action (D.N.J.), 589; health care plaintiffs object to settlement and seek injunction, 625
– Nev., hepatitis outbreak due to improper reuse of syringes, new law provides for immediate license suspensions, 807
– Reusable blood tube holders ban upheld (D.C. Cir.), 463

NEVADA

– Hepatitis outbreak due to improper reuse of syringes, new law provides for immediate license suspensions, 807
– Staff privileges suspension without notice by Univ. of Nev. hospital violated due process (D. Nev.), 564

NEW HAMPSHIRE

– Adverse events at hospitals and ASCs must be reported to state, governor signs new law, 1064
– Data mining

– – Access to de-identified health information needed, BNA Analysis & Perspective, 472
– – Ban on sales of prescription drug data disclosing names of doctors or patients upheld (U.S., rev sought), 431; (rev den), 869

– Medicaid Act, suit alleging state agency violates anti-lien provision by seeking more than fair share of malpractice settlement allowed to proceed (D.N.H.), 700
– Medical records shredding, bill introduced, 216
– Medical use of marijuana bill vetoed by governor, 953

NEW JERSEY

– Acute rehabilitative care delay allegedly led to injury, claim preempted by ERISA (D.N.J.), 1214
– Affidavit of merit required, malpractice case alleging fall due to medications that caused disorientation dismissed (N.J. Super. Ct. App. Div.), 41
– ASCs in which referring physician has financial interest, safe harbor bill approved by legislature, 184; new law signed by governor, 395
– Autism screening and therapy, maternity services, and mental health treatment laws signed by governor, 1172
– Cardiac care “report cards,” state did not violate law in changing way it required licensed providers to report morality data (N.J. Super. Ct. App. Div.), 108
– Eating disorders treatment, Horizon Blue Shield of N.J. agrees to expand coverage, settlement of 2 class actions approved (D.N.J.), 556
– “Effective communication” with deaf patients, emotional distress and punitive damages awarded in suit against rheumatologist, appeal pending (N.J. Super. Ct. App. Div.), 1359
– Elective angioplasty demonstration project, community hospitals without on-site cardiac surgery facilities may participate (N.J. Super. Ct. App. Div.), 1199
– ERISA preempts malpractice claims against physicians who were plan medical directors (N.J. Super. Ct. App. Div.), 290
– Gainsharing pilot project, hospitals chosen, 1122
– Jury biased during selection process, verdict on behalf of child severely disabled following surgery to correct birth defect overturned (N.J.), 1028
– Medical errors, governor signs bill requiring public reporting of adverse events, 1186
– Medical review organizations (MROs), state rules allowing providers to challenge independence upheld (N.J. Super. Ct.), 140
– Non-network hospitals

– – Bayonne Hosp. alleges Horizon BCBS used unlawful tactics to deter patients from using emergency room (D.N.J.), 1019
– – Horizon BCBS files suit over waivers of charges to patients and related counterclaim filed, 3 cases (N.J. Super. Ct.), 729

– 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
– Res ipsa loquitur jury instruction not required in case of burned nerve root during thermal energy disectomy (N.J.), 986
– Robert Wood Johnson Univ. Hosp. motion to dismiss qui tam action denied (D.N.J.), 628
– Staff privileges, refusal to attend hearing doomed doctor's suit seeking reinstatement (N.J. Super. Ct. App. Div.), 1088
– Striking nurses' entitlement to unemployment benefits, hospital must pay because there was no work stoppage (N.J.), 134
– Unbundling alleged, Horizon BCBS sues out-of-network diagnostic lab alleging fraudulent health insurance claims (N.J. Super. Ct.), 939
– Uninsured pricing statute establishes maximum charges for medically necessary services, 513
– Univ. of Medicine and Dentistry

– – 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

– Vytorin and Zetia, settlement of class action alleging buyers misled into paying higher prices (D.N.J.), 1437

NEW MEXICO

– Electronic health records privacy, states consider breach bills, 216

NEW YORK

– Auto insurers' RICO claims against health care providers allowed, no tolling of statute of limitations where insurers failed to exercise due diligence in pursuing claims (E.D.N.Y.), 1365
– Corporate practice of medicine, provider license need not be fraudulent to be ineligible for payment under no-fault automobile insurance law (N.Y. Sup. Ct.), 346
– Criminal prosecution of “indentured servant” immigrant nurses and their attorney barred (N.Y. Sup. Ct.), 141
– Disclosure of nursing quality indicators and patient outcomes by hospitals required by new law, 1301
– Economy, New York City-area hospitals and SEIU announce talks on modifying collective bargaining agreement due to downturn, 560; tentative agreement to modify contract, 977
– Effective compliance programs mandate begins Oct. 1, boards expected to oversee quality of care, 1041
– “Filed rate” doctrine bars fiduciary duty breach suit against AARP trust for approving insurance premium rates (S.D.N.Y.), 1443
– FLSA, paramedics and emergency medical technicians in NYC not entitled to back pay for gap hours worked between shift and overtime because collective bargaining agreement provides for compensation (S.D.N.Y.), 1475
– Health insurance

– – Group health insurer failed to establish ERISA rules for eligibility when it withdrew policy from N.Y. small group market (S.D.N.Y.), 1020
– – Limited benefit plans marketing, fine and ongoing probe, 1117
– – Managed care reform bill signed along with continuation of coverage extension and option for young adults to continue under parents' policy, 1052
– – Student health plans, Aetna agrees to pay to settle investigation into reimbursement rates, 159
– – “Usual, customary, and reasonable” Ingenix database investigation, settlement with UnitedHealth Group announced, 98; attorney general announces intent to sue HMO over use for out-of-network providers, 188; Cuomo announces settlement with CIGNA and plans to sue Excellus, 218; Wellpoint settlement announced, 256; agreements with Excellus and Capital District Physicians' Health Plan announced, 370; Health Net agrees to pay and to end use of Ingenix database, 833; Ingenix report released by Senate panel, 866

– Hospital misuse of charitable assets alleged, relative of donors lacks standing to enforce terms of bequest (N.D.N.Y.), 110
– Influenza vaccinations, 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
– Medicaid

– – Average wholesale price changes, pharmacy trade groups allege inadequate reimbursement (N.D.N.Y.), 1337
– – Gender reassignment surgery, state agency's refusal to cover procedure not unconstitutional (W.D.N.Y.), 980
– – Leader in state enforcement efforts, speaker says, 657
– – Provider self-disclosure guidance released, 362
– – School-based care, state and New York City agree to pay to settle false claims allegations, In Brief, 969
– – Special needs trust income must be considered in determining entitlement (2d Cir.), 870
– – State must restore city funds that were cut off for failure to meet home health care savings targets (N.Y. App. Div.), 802

– Organ transplants, new law clarifies rule on paired kidney exchanges and similar arrangements, 1207
– Physician rankings, Natl. Comm. for Quality Assurance reviews efforts of health plans to meet settlement compliance standards, 31
– Privacy and confidentiality, physician who is subject of professional misconduct investigation must produce medical and billing records to state medical board (N.Y. App. Div.), 1176
– Sexual harassment, nurse awarded $15M in suit against hospital (N.Y. Sup. Ct.), 277
– Statutes of limitations

– – Continuing treatment doctrine survives gap in treatment and use of other physician (N.Y. App. Div.), 261
– – Independent medical examination for discovery in automobile accident case, medical malpractice statute of limitations applies to alleged injury (N.Y.), 878

NICHE HOSPITALS

See SPECIALTY HOSPITALS

NIH

See NATIONAL INSTITUTES OF HEALTH (NIH)

NLRB

See NATIONAL LABOR RELATIONS BOARD (NLRB)

NONCOMPETE CLAUSES

– Ga., geographic scope and duration not unreasonable, group practice entitled to injunctive relief against pediatrician (Ga. Ct. App.), 411
– Mich., provision unenforceable because restrictions terminated with expiration of contract (Mich. Ct. App.), 441
– Minn., court refuses to limit scope to customers on whom former employee called more than three times, TRO to enforce agreement granted (D. Minn.), 569
– Tenn., recent statute offers “middle ground,” attorney criticizes more restrictive covenants, 195

NONPHYSICIAN PRACTITIONERS

– Chiropractors

See CHIROPRACTIC SERVICES

– Collective bargaining

See COLLECTIVE BARGAINING AGREEMENTS; NURSES AND NURSING

– Dentists

See DENTAL CARE

– Health aide negligence alleged cause of injuries to elderly man who fell in hospital shower, expert not required (Okla. Ct. App.), 105
– Medical transcription companies, fraud and unjust enrichment claims against MedQuist may proceed (D.N.J.), 493
– Nuclear medicine technologist's intentional infliction of emotional distress claim for discharge alleging sham investigation dismissed for lack of proof (D.D.C.), 91
– Nurses

See NURSES AND NURSING

– Physician assistants

See PHYSICIAN ASSISTANTS (PAs)

– Psychologists

See generally MENTAL HEALTH

– Respiratory therapists

– – Pornographic web sites allegedly accessed on hospital computer, terminated worker fails to prove he was victim of gender discrimination (7th Cir.), 898
– – Statements to accreditors, terminated at-will employee failed to show firing violated public policy of ensuring patient safety (Ill.), 825

– Surgical technician who tried to facilitate adoption terminated, hospital did not violate state law or public policy (Tenn. Ct. App.), 1399
– Vicarious liability of hospital

See generally HOSPITALS

NONPROFIT ORGANIZATIONS

– Corporate governance

See CORPORATE GOVERNANCE

– Corporate law developments in 2008, BNA Analysis & Perspective, 73
– For-profit conversions

See FOR-PROFIT CONVERSIONS

– Health information exchanges (HIEs)

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

– Hospitals

– – Charity care

See CHARITY CARE

– – Community benefits

– – – Adjustments to current tax exemption standards

See LEGISLATION, FEDERAL, S 1796

– – – Baucus (D-Mont) bill would require assessments of community needs, 1247
– – – Grassley (R-Iowa) does not press amendments in health care reform markup, 1344
– – – IRS study will show varying adherence to standard, 110
– – – Not outdated, IRS official tells practitioners, 195
– – – Official addresses concern of underreporting by study, 306
– – – Revision being considered by IRS would exempt CAHs and teaching hospitals, 810
– – – Standards part of health care reform debate, 651
– – – Wide variety of ways facilities attempt to fulfill obligation, final report on IRS study, 205

– – Executive compensation

See EXECUTIVE COMPENSATION

– – Exempla Inc. opposition to transfer of Denver facilities, binding arbitration set, 71; sale would violate state nonprofit law, arbitrator says, 774; Exempla hospitals will be transferred to Catholic health system, 1152; Exempla board approves transfer, 1414
– – Grassley (R-Iowa) criticizes hospitals that seem to do little to justify tax-exempt status, 641
– – Joint operating agreement, Cincinnati alliance and Christ Hospital reach separation agreement, 107
– – Misuse of charitable assets alleged, relative of donors lacks standing to enforce terms of bequest (N.D.N.Y.), 110
– – New requirements in Baucus (D-Mont) health care reform bill, 1205
– – New tax code section likely outcome of Senate Fin. Comm. health care reform bill, aides tell AHLA group, 1378
– – Overtime claims for employees of N.Y. Foundling Hosp. fail, private nonprofit not covered by FLSA (2d Cir.), 1118
– – Temporary restraining order bars closing of Kan. institution (Kan. Dist. Ct.), 1232

– IRS Form 990

See TAXATION

– Real property tax

– – Minn., nonprofit management affiliate of exempt health care system not exempt for property it owns or leases for use as medical clinic (Minn.), 1095
– – Ohio, partial exemption not available to nonprofit for portion of its grounds leased to a charitable organization (Ohio), 266

– Regional health information organizations

See REGIONAL HEALTH INFORMATION ORGANIZATIONS (RHIOs)

– Vision Service Plan not entitled to tax exemption (U.S., rev den), 71

NORTH CAROLINA

– Expert witnesses bright line exception, treating physicians may testify in malpractice suit without being designated as expert before trial (N.C. Ct. App.), 533
– Malpractice payments, governor signs bill raising the reportable level and moves effective date, 920
– Medicaid

– – Behaviorally and developmentally disabled children whose benefits were allegedly reduced or terminated illegally, claims allowed to proceed (E.D.N.C.), 466
– – Recovery of state's expenses from malpractice award upheld (U.S., rev den), 801

– Peer review documents are privileged and not subject to discovery (N.C. Ct. App.), 948

NORTH DAKOTA

– Abortion clinic need not provide auscultation of fetal heart tones, statute informational only (N.D. Dist. Ct.), 1155
– BCBS, regulator seeks data on compensation and travel policies after report finds “excessive expenses,” 1255
– Defamation, qualified privilege attached to physician's statements to family of patient who died following surgery by another doctor (N.D.), 879
– Physician assistants, new law gives full prescribing privileges, In Brief, 443

NOTICE

– Abortion issues

See generally ABORTION

– Ala., mentally retarded Medicaid applicants who were denied services without proper notice or whose eligibility determinations were delayed may pursue class action against officials (M.D. Ala.), 635
– Breach of HIPAA privacy and security rules mandate included in economic stimulus law, 215
– COBRA qualifying events, notice required even where there is retirement coverage (W.D. Va.), 30
– Commercial online personal medical records vendors, FTC issues privacy breach notification requirements, 749
– Conn., BCBS may have violated breach notification law after loss of confidential unencrypted data on physicians, state attorney general says, 1499
– Data breach notification mandate hailed and criticized, 275; correction, 335
– Electronic health records privacy breach

– – Federal Trade Comm'n issues final rule, 1112
– – No harm, House leaders urge HHS to strengthen rules, 1331
– – “Risk of harm” threshold helpful, attorneys say, 1137; provider and industry groups support no-harm provision, 1438
– – States consider bills, 216

– ERISA

See ERISA

– Labor law rights postings required of federal contractors and subcontractors, AHA and human resources group ask Labor Dep't to change text, 1218
– Misleading mailing to former enrollees in rescission suit alleged, Los Angeles suit against Anthem Blue Cross may proceed (Cal. Super. Ct.), 160; motion to stay while Anthem appeals earlier ruling denied, 557; Cal. physicians file amicus brief (Cal. Ct. App.), 1116
– Mo., data breach notice law signed by governor, 975
– Qui tam action appeals, 30-day filing notice applies when U.S. does not intervene in FCA suit (U.S., judg aff), 757
– Staff privileges suspension for failure to designated acceptable “covering” physician without notification improper, reinstatement ordered (Cal. Ct. App.), 1053
– Tex., service of pre-suit notice stops running of time even if medical authorization form is not included (Tex. App.), 1183
– Union protest, overtime refusal by hospital housekeepers and linen aides requires prior notice (9th Cir.), 1084

NPDB

See NATIONAL PRACTITIONER DATA BANK (NPDB)

NURSES AND NURSING

– ADA

– – Driving not major life activity, county nurse's anxiety claim fails (7th Cir.), 552
– – Interactive process for employee who needs accommodation required, licensed practical nurse's claims revived (6th Cir.), 722

– ADEA

– – Colo. nurses allege termination due to bias and reporting unsafe conditions (D. Colo.), 968
– – Jury award to fired nurse upheld (3d Cir.), 455

– Antitrust wage suits

– – Albany hospitals and RNs seek approval of proposed settlement (N.D.N.Y.), 327
– – Chicago-area wage suppression suit denied class certification (N.D. Ill.), 1324
– – Detroit hospitals and RNs seek court approval of settlement (E.D. Mich.), 423
– – Unionized hospital is not entitled to dismissal of claims by RNs (E.D. Mich.), 424

– Blog post did not violate privacy policy, nursing student reinstated (W.D. Ky.), 1113
– Collective bargaining

– – Allegheny Gen. Hosp./SEIU Healthcare Pa. pact approved, 1475
– – Antitrust wage claims, unionized hospital is not entitled to dismissal of RNs' suit (E.D. Mich.), 424
– – Bayonne Med. Center pact with Health Professional and Allied Employees approved, 839
– – Catholic Healthcare West and Cal. Nurses Ass'n/Natl. Nurses Org. Comm. agreement includes education and equipment to deal with pandemics, 1475
– – Claims processing, Cal. nurses' union researchers find 22 percent denial rate, 1215
– – Community Med. Center, Toms River, N.J., and N.Y. State Nurses Ass'n, new representation election ordered (NLRB), 765
– – Englewood Hosp. lockout ends with ratification of Health Professionals and Allied Employees pact, 839
– – Forum Health wins contract concessions from Ohio Nurses Ass'n after filing bankruptcy, 1119
– – Fremont-Rideout Health Group, NLRB seeks injunction against withdrawal of recognition of Cal. Nurses Ass'n as representative (E.D. Cal.), 371; injunction granted, Fremont-Rideout ordered to negotiate, 497; ALJ finds labor law violation and orders return to bargaining table (NLRB), 600; NLRB orders hospitals to recognize and bargain with CNA, 1173
– – Good Samaritan Hospital and San Jose Reg'l Med. Center, Cal. Nurses Ass'n/Natl. Nurses Organizing Comm. pact approved, 1119
– – H1N1 virus

– – – N95 respirators, Cal. Nurses Ass'n files Cal-OSHA complaint alleging Sutter Solano Medical Center supply inadequate, 967
– – – Preparations inadequate according to survey by nurses' union, 1217

– – Ill. nursing home that fired 3 licensed practical nurses during organizing drive ordered to recognize and bargain with SEIU (NLRB), 1218
– – Interim injunction against nursing home that fired licensed practical nurses during SEIU organizing drive granted (N.D. Ill.), 665
– – Kenmore Mercy Hosp. and CWA, RN's ratify contract, 1371
– – Las Vegas area hospitals, RN's vote for representation by Cal. Nurses Ass'n/Natl. Nurses Organizing Comm., 465
– – Louisville hospital committed unfair labor practices prior to representation election (NLRB ALJ), 31
– – New national union, United American Nurses-Natl. Nurses Organizing Comm., would combine memberships of 3 existing unions, 257; National Nurses United will be name after merger, 1174
– – New Natl. Fed. of Nurses will represent RNs in 6 states formerly associated with United Am. Nurses, 560
– – Organizing, SEIU and Cal. Nurses Ass'n/Natl. Nurses Organizing Comm. announce agreement to work together, 404
– – Reinstatement of nurse's aide accused of hitting group home resident upheld due to lack of proof (C.D. Ill.), 207
– – Scripps Mem'l Hosp., Cal. Nurses Ass'n decertified after election, 1219
– – Striking nurses' entitlement to unemployment benefits, hospital must pay because there was no work stoppage (N.J.), 134
– – Tufts Med. Center, Mass. Nurses Ass'n proposed pact freezes pay for one year but staffing language improved, 698
– – Unfair labor practice alleged, Tenet and 2 Houston hospitals accused of unlawfully promulgating rules against use of conference space for antiunion campaign while allowing access to union (NLRB), 464
– – Univ. of Cal. and Cal. Nurses Ass'n reach tentative accord on contract reopener, 162
– – Vaccinations, Wash. State Nurses Ass'n claims MultiCare Health Sys. unilateral policy violates labor law (W.D. Wash.), 1336
– – Virginia Mason Med. Center illegally withdrew recognition during certification year (9th Cir.), 293

– Criminal prosecution of “indentured servant” immigrant nurses and their attorney barred (N.Y. Sup. Ct.), 141
– Damages, nurse debilitated after neurosurgeon used contraindicated dye awarded $38M by jury (Fla. Cir. Ct.), 410
– Disqualification from certain posts due to felony conviction, no due process violation (Minn. Ct. App.), 24
– Emergency room physician may provide expert testimony on standard of care of emergency room nurses (N.D.W. Va.), 1089; reconsideration denied, 1410
– Exception to prospective reimbursement rate denied for failure to provide documentation on costs of nursing personnel upheld (9th Cir.), 34
– FMLA

– – “Equivalent position,” licensed practical nurse may go forward with claims (6th Cir.), 722
– – Stated intent to take leave basis for allowing retaliation claim of nurse allegedly terminated for violating sexual harassment policy (N.D. Ind.), 393

– Foreign nurse employment agreement not unconscionable (Tenn. Ct. App.), 1168
– Life partner excluded, claims against nurse who prevented woman from being with her dying partner allowed (Wash. Ct. App.), 44
– Overtime, FLSA claim for different base hourly rates for 12-hour shifts fails (9th Cir.), 1445
– Photocopying nursing home resident's medication record for bias case not misappropriation of property, reversed and remanded (Okla.), 1256
– Pregnancy discrimination, state law requires reasonable maternity leave regardless of general leave policy (Ohio Ct. App.), 455
– Retail clinic altercation, nurse practitoner's claims against Medcor Inc. and Target dismissed (D. Minn.), 639
– Sexual harassment

– – Male supervisor at private surgery center accused, settlement of Equal Employment Opportunity Comm'n suit on behalf of female nurses approved (S.D. Tex.), 491
– – Nurse awarded $15M in suit against hospital (N.Y. Sup. Ct.), 277
– – Peer review privilege, disclosure of records from nurse's infectious disease investigation allowed (Tenn. Ct. App.), 69
– – Rescission of release denied, nurse's employee separation agreement valid despite threats by ex-husband who was CEO of hospital (E.D. Mich.), 1108

– Staffing

– – Joint Comm'n seeks comments on effectiveness requirements for hospitals and LTC facilities, 807
– – Medicare requirements, claims related to HHS delegation of compliance oversight to Joint Comm'n dismissed (D.D.C.), 102
– – N.Y., new law requires hospitals to disclose, 1301
– – Ratios

See LEGISLATION, FEDERAL, HR 2273, S 1031

– Tex. law prohibits using ALF staff members to provide nursing services to residents (Tex. Atty. Gen. Opinion), 1446
– Vicarious liability, stipulated release of claims against hospital also released claims against emergency room physician based on negligence of attending nurse employee (Wash. Ct. App.), 849
– Whistleblowers, Colo. nurses allege termination due to reporting unsafe conditions (D. Colo.), 968
– Wrongful discharge allegedly due to refusal to lie on notes, employment-at-will doctrine does not bar suit (Mo. Ct. App.), 244

NURSING HOMES

– ADA and FMLA claims of licensed practical nurse revived due to fact issues (6th Cir.), 722
– Alaska agency and HHS Civil Rights Off. sign equal transportation access agreement to benefit disabled residents, 561
– Arbitration clauses

See ARBITRATION

– Collective bargaining

– – Heartland-University of Livonia, Mich., ordered to resume bargaining with SEIU (E.D. Mich.), 497; settlement, 1119
– – Ill. facility that fired 3 licensed practical nurses during organizing drive ordered to recognize and bargain with SEIU (NLRB), 1218
– – Interim injunction against facility that fired licensed practical nurses during SEIU organizing drive granted (N.D. Ill.), 665
– – Kingsbridge Heights Rehabilitation and Care Center, interim injunction over unfair labor practices against SEIU affiliate workers affirmed (2d Cir.), 697
– – New York City-area homes and SEIU announce talks on modifying agreement due to economic downturn, 560; tentative agreement to modify contract, 977
– – North American Healthcare recognizes Natl. Union of Healthcare Workers as bargaining agent, 404
– – “Perfectly clear” successor does not apply to new owner of Cal. facility, NLRB ruling reversed (D.C. Cir.), 909
– – Two-member NLRB rulings, circuits split on authority to issue decisions and orders (D.C. Cir.) (7th Cir.), 598

– Criminal prosecution of “indentured servant” immigrant nurses and their lawyer barred (N.Y. Sup. Ct.), 141
– De-institutionalization of mentally ill, advocacy groups urges more aggressive implementation of Olmstead decision, 874
– Debt collection, insisting on personal payment by attorney-in-fact not violation of law if it was not condition of continued care (Kan. Ct. App.), 338
– Duty of care includes both skilled and custodial services, negligence and malpractice claims allowed (Tenn. Ct. App.), 302
– Executive of Cal. chain agrees to permanent exclusion, IG announces, 939
– Fla. constitutional amendment not applicable, no requirement to provide malpractice plaintiffs incident reports (Fla.), 37
– “Groundless claim” not shown, successful defense of trade practices case does not warrant attorney' fees or sanctions (D. Minn.), 942
– High-hazard facilities, Occupational Safety and Health Admin. targets for inspections, 1221
– HIPAA does not bar release of deceased husband's medical records to widow who wishes to sue (Ga. Ct. App.), 252; surviving spouse entitled to husband's records (Ga.), 1499
– Malicious prosecution and abuse of process claims against state health inspectors failed due to insufficient evidence, affirmed (7th Cir.), 258
– Malpractice insurance, facility must reimburse physician (Mich. Ct. App.), 1412
– Okla. agency did not breach contracts with facilities, summary judgment for state in Medicaid pay rates class action (Okla. Dist. Ct.), 666
– Omnicare Inc., pharmacy agrees to pay to settle kickback allegations (D. Mass.), 1469
– Patient's basic need for food and water allegedly neglected, expert report needed (Tex. App.), 605
– Photocopying resident's medication record for discrimination case not misappropriation of property, reversed and remanded (Okla.), 1256
– Private right of action under federal civil rights law to enforce provisions of Federal Nursing Home Reform Amendments (3d Cir.), 895
– Public interest in providing uninterrupted funding, temporary restraining order bars termination of Medicare and Medicaid agreements (W.D. La.), 223
– Quality

– – Corporate integrity agreements led to improved quality of care structures, IG report, 562
– – Operators allegedly misrepresented level and quality of care, state consumer law claims dismissed (W.D. Wash.), 465
– – Poorly performing facilities identified, Govt. Accountability Off. says CMS should revise methodology, 1303
– – Settlement includes hiring full-time physician assistant, In Brief, 1205
– – State attorneys general urge HHS to suspend rating system, 1220

– SNFs

See SKILLED NURSING FACILITIES (SNFs)

– Tenn., CONs moratorium signed by governor and annual bed tax extended, 908
– Texas

– – FCA, facility agrees to pay to settle allegations, In Brief, 688
– – Neglect of patient's basic need for food and water alleged, expert report needed (Tex. App.), 605
– – State and federal agencies may both fine for same violations (Tex. App.), 979

– Washington

– – Long-term caregivers ballot initiative requiring training and certification upheld (Wash.), 190
– – Medicaid reimbursement rate cut in amended state budget, temporary restraining order halts cuts (W.D. Wash.), 982; CMS seeks information on per diem payments, 1407

NUTRITIONAL SUPPLEMENTS

See VITAMINS AND DIETARY SUPPLEMENTS