Health Law Reporter Index-Summary

OBESITY

– Excess skin removal, denial as not medically necessary upheld (6th Cir.), 291
– Gastric bands alleged cause of injuries, expert opinion on proximate cause needed (Neb.) (correction), 42
– Preapproved gastric bypass surgery coverage denied, participant's claim for damages and extracontractual relief denied (E.D. Wis.), 1444

OCCUPATIONAL SAFETY AND HEALTH

– H1N1 influenza

See H1N1 VIRUS

– Nursing homes among high-hazard facilities targeted by Occupational Safety and Health Admin., 1221

OFF-LABEL USE

– Biofeedback machine, physician sanctioned by medical board for use to diagnose allergies, expert testimony not needed (Wash.), 766
– Bone growth stimulating devices, whistleblower alleges maker engaged in illegal activity related to osteopathic surgeon's use of unapproved devices (S.D.W. Va.), 184
– Celexa and Lexapro allegedly marketed for pediatric patients, U.S. intervenes in whistleblower suits, 2 cases (D. Mass.), 283
– Devices now being targeted by government investigations, 453
– Enbrel and Aranesp illegal marketing alleged, FCA suit partially unsealed (D. Mass.), 284
– Endoscopic Technologies Inc. agrees to pay to settle FCA allegations (S.D. Tex.), In Brief, 970
– IUDs from Mexico, Medi-Cal suspension of doctor charged with using misbranded devices upheld, rehearing denied (9th Cir.), 136
– KV Pharmaceutical agrees to injunction blocking company from making and distributing drugs (E.D. Mo.), 283
– Medical monitoring claim for unapproved device implanted in infant allowed (E.D. Pa.), 342; cases certified for immediate appeal, 1228
– Naturecor allegedly marketing for unapproved use, U.S. intervenes in whistleblower suits, 2 cases (N.D. Cal.), 282
– Negligence per se claim dismissed in complaint alleging combining unapproved artificial embolization devices led to patient's injury (D.D.C.), 192
– RU-486 cannot be prescribed for unapproved uses, 49-day gestational limit applies (Ohio), 920; permanent injunction vacated and suit remanded to district court (6th Cir.), 1094
– Zyprexa

See ZYPREXA

OHIO

– Abortion

– – Discovery of nonparty medical records in private litigation is not permitted (Ohio), 913
– – RU-486, doctors cannot prescribe for off-label uses, 49-day gestational limit applies (Ohio), 920; permanent injunction vacated and suit remanded to district court (6th Cir.), 1094

– Charity care program, participating hospitals are ineligible for DSH funding (U.S., rev den), 466
– Collective bargaining, wage freeze accepted by SEIU 1199, 839
– Disciplinary proceedings against physician, doctor failed to show prejudice due to 5-year delay (Ohio Ct. App.), 1302
– Doctor-patient privilege, patient consent allows insurers to review medical records (Ohio), 770
– Joint operating agreement, Cincinnati alliance and Christ Hospital reach separation agreement, 107
– Licensing, intent to deceive board can be inferred from failure to answer question on application truthfully (Ohio Ct. App.), 295
– Negligent credentialing, since bankruptcy precludes suit against physician claims against hospital allowed to proceed (Ohio), 1180
– Out-of-network providers, state claim alleging negligent misrepresentation that knee treatment was in-network expense not preempted by ERISA (S.D. Ohio), 731
– Pregnancy discrimination

– – Obstetrics/gynecology records of plaintiff may not be disclosed without judicial review to determine relevance (Ohio Ct. App.), 222
– – Reasonable maternity leave required by state law regardless of general leave policy (Ohio Ct. App.), 455

– Same juror rule, award in sexual harassment suit remanded because court barred juror who voted against punitive damages from participating in calculation of award (Ohio Ct. App.), 937
– Taxation

– – Personal property tax refund, commissioner must consider reducing assessment on ground excess taxable value was reported as part of accounting fraud (Ohio), 265
– – Real property tax, partial exemption not available to nonprofit for portion of its grounds leased to a charitable organization (Ohio), 266

– Wheelchairs, claims for injury to unattended woman reinstated, no expert testimony required (Ohio Ct. App.), 1411

OKLAHOMA

– Abortion, clinic suit claiming law restricting use of RU-486 and requiring ultrasound with detailed description of image violates state constitution and privacy rights allowed to proceed (Okla. Dist. Ct.), 304; pre-abortion ultrasound law violates state constitution, 1154; temporary restraining order blocks enforcement of new restrictions, 1452
– Clinical laboratory certification, revocation for sending samples to another laboratory upheld, review petition denied (10th Cir.), 754
– Elderly man fell in hospital shower, expert not required to prove health aide negligence (Okla. Ct. App.), 105
– Malpractice reform, multifaceted law signed by governor, 735
– Nursing homes

– – Agency did not breach contracts, summary judgment for state in Medicaid pay rates suit (Okla. Dist. Ct.), 666
– – Photocopying resident's medication record for discrimination case not misappropriation of property, reversed and remanded (Okla.), 1256

OREGON

– Assisted suicide, number increased in 2008, In Brief, 350
– Call coverage, neurosurgeon who provided telephone advice established doctor-patient relationship as matter of law, jury verdict reversed and remanded (Or. Ct. App.), 1508
– Congenital deformity of jaw, coverage for surgery may be mandated by state law (D. Or.), 1170
– Subrogation law preempted, trial needed to determine whether health plan participant who received payment from her underinsured motorist policy was “made whole” and must reimburse plan (D. Or.), 402
– Telemedicine and brain injury coverage laws signed by governor, 835

ORGAN TRANSPLANTS

– Bone marrow transplant for leukemia patient not experimental, welfare plan ordered to pay (N.D. Ohio), 254; refusal to pay was not arbitrary, ruling reversed (6th Cir.), 1209
– Failed liver transplant, key expert causation proof submitted months after judge's deadline, exclusion upheld (9th Cir.), 502; (U.S., rev sought), 919
– Kaiser Permanente agrees to pay five kidney transplant patients to settle allegations of substantial delays and inadequate care, 534
– N.Y. clarifies rule on paired kidney exchanges and similar arrangements, 1207

OSTEOPATHS AND OSTEOPATHIC SERVICES

– Privileges delayed, hospital may be liable under state law (E.D. Wis.), 298

OTC

See OVER-THE-COUNTER PRODUCTS

OUTLIER PAYMENTS

– Home health agencies, CY2010 pay cuts target fraud and abuse, 1082; final rule caps outlier payments at 10 percent per agency, 1478
– Houston hospital settles FCA charges, 428
– Robert Wood Johnson Univ. Hosp. motion to dismiss qui tam action denied (D.N.J.), 628
– Tenet Healthcare

– – Effect on other facilities of inflated claims, dismissal of suit by Fla. hospital affirmed (11th Cir.), 1224
– – Former general counsel ordered to pay $120,000 for inflated outlier revenues in SEC filings (C.D. Cal.), 922
– – “Principal architect,” former co-president and chief operating officer settles SEC charges (C.D. Cal.), 1269

– “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

OVER-THE-COUNTER PRODUCTS

– Dextromethorphan, restriction

See LEGISLATION, FEDERAL, HR 1259

– Ephedrine or pseudoephedrine, dismissal of Ark. counties' suit to hold drugmakers liable for effects of methamphetamine addiction affirmed (8th Cir.), 55

OVERPAYMENTS

– ERISA, equitable restitution to recover payments to providers for participant's minor child who was not enrolled denied (W.D. Wis.), 1443
– FERA likely to increase number of FCA cases, attorneys say, 1013
– HHS Inspector Gen.

– – Annual work plan for FY2010 includes ARRA-mandated reviews, 1340
– – Expects to recover more than $2.4B for first half of 2009, In Brief, 811

– Recoupment would be barred during appeal, 1260
– Recovery Audit Contractors program

See RECOVERY AUDIT CONTRACTORS (RACs)

– Tenn. law on recovery of erroneous payments made by insurers

– – BCBS sued by Tenn. Med. Ass'n over efforts to collect from physicians (Tenn. Ch. Ct.), 834
– – Constitutionality of amendments upheld by state attorney general, 1255

OVERTIME

– Call hours excessive, trial court ordered to reduce amount of award to physician (Ark. Ct. App.), 1480
– Failure to aggregate, Partners Healthcare hospital network agrees to pay $2.7M to settle suit (D. Mass.), 600; consent judgment entered, 1022
– Nonprofit organization that is independent contractor with public agency is not covered by FLSA, employee claims fail (2d Cir.), 1118
– Nurse's FLSA claim for different base hourly rates for 12-hour shifts fails (9th Cir.), 1445
– 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
– Union protest, refusal to work by hospital housekeepers and linen aides requires prior notice (9th Cir.), 1084