Health Law Reporter Index-Summary

PAIN MANAGEMENT

– Chronic pain research, education, and training

See LEGISLATION, FEDERAL, HR 756

– Disciplinary proceedings against physician for failure to conform to standards of care, doctor failed to show prejudice due to 5-year delay (Ohio Ct. App.), 1302
– Las Vegas center agrees to pay to settle Medicare fraud allegations, In Brief, 1205
– Specialist cannot show proof of monopoly where health care network refused to add him to radiologists list (Tex. App.), 824
– Workers' compensation claim of doctor harmed by nerve block injections by medical colleague while both were on duty not compensable (D.C.), 1263

PART D DRUG BENEFIT

See MEDICARE DRUG COVERAGE

PAs

See PHYSICIAN ASSISTANTS (PAs)

PATENTS

– AndroGel

– – Antitrust suit allege generic companies colluded with branded drug maker to delay competition transferred to more convenient forum (C.D. Cal.), 488
– – Testimony of pharmaceutical company officials may be videotaped by FTC in addition to stenographic recording (D.C. Cir.), 1433

– Bristol-Myers settles charges of violating earlier antitrust suits by failing to report patent litigation deals to states, 26
– Cipro settlement did not illegally restrain trade (U.S., rev den), 823
– Generic drugs, reverse or exclusionary payments settlement ban

See LEGISLATION, FEDERAL, HR 1706

– Unenforceable due to inequitable conduct, direct buyers of drugs have standing to raise antitrust claims (2d Cir.), 1394

PATH

See PHYSICIANS AT TEACHING HOSPITALS (PATH)

PATHOLOGY SERVICES

– Lost chance of survival jury instruction error, verdict for plaintiff reversed in suit alleging negligent failure to notify patient and doctors of cancer diagnosis (Tex.), 772

PATIENT ABUSE

See ELDER ABUSE

PATIENT DUMPING

– Ambulance patient allegedly turned away by hospital may sue (U.S., rev den), 68
– Chest pains patient discharged, claims of estate may proceed (E.D. Pa.), 373
– Child died of intestinal infection and dehydration after discharge from hospital emergency department which failed to follow procedures on assessing condition, EMTALA screening claim allowed (N.D. Ind.), 470
– Community call plan requirements, CMS memo summarizes final rule revisions, 374
– Conn., certificate of good faith filed after transfer of malpractice case from federal court in another state timely (D. Conn.), 1265
– Eleventh Amendment waiver of immunity claimed, retaliatory firing suit of physician who reported alleged violations dismissed (U.S., rev sought), 1089; (rev den), 1340
– Emergency cesarean section not performed, jury finds physician and hospital violated EMTALA by transferring woman whose infant died (N.D. Iowa), 373; jury verdict upheld but damages reduced, 668
– Expert witnesses, federal rules preempt state law on evaluating testimony in EMTALA case (S.D. Tex.), 40
– Failure to stabilize claim dismissed because patient was not transferred (1st Cir.), 1226
– Federal law no basis for removal to federal court of state negligence suit (S.D. Miss.), 1449
– H1N1 influenza outbreak

– – HHS secretary may exempt hospitals from certain federal requirements in event of national health emergency, 1450
– – State surveyors may apply requirements flexibly, HHS says, 1148

– Medical records of other chest pain patients must be produced, relevant to screening claim (D.N.J.), 528
– Mental illness

– – Court order for involuntary hospitalization, transfer to facility for treatment does not violate EMTALA (E.D. Ky.), 1178
– – Patients dropped at “skid row” shelters, Southern Cal. hospital agrees to pay to settle charges (Cal. Super. Ct.), 500
– – Psychiatric emergency room release of patient who committed suicide days later, inadequate screening claim fails, insurance query appropriate (Cal. Ct. App.), 1059
– – Woman murdered by husband 10 days after he was discharged following psychotic episode, estate's EMTALA claims reinstated (6th Cir.), 468; en banc hearing denied, 984; (U.S., rev sought), 1478

– Miscarriage and infections after being admitted to hospital, EMTALA claims of patient who was neglected but not transferred rejected (D.P.R.), 771
– Motor vehicle accident victim, insufficient evidence of emergency condition diagnosis or inappropriate screening, claim dismissed (N.D.W. Va.), 1089; reconsideration denied, 1410
– Naval hospital, EMTALA failure to screen claims dismissed due to sovereign immunity (E.D. Va.), 103
– Penalty, hospital ordered to pay $50,000 for patient who died in emergency room (Departmental App. Bd., Civil Remedies Div.), 224
– Post-incident peer review materials are not discoverable in dual federal/state action (S.D. Tex.), 300; inappropriate screening and transfer claims rejected, 875; responsible third party designation of settling hospital proper in malpractice suit against doctor, 1507
– Pregnant woman sent to another hospital after outpatient appointment at hospital testing center, EMTALA does not apply due to lack of knowledge of imminent danger to unborn baby (3d Cir.), 1225
– Privileges suspension allegedly due to refusal to authorize patient transfer, doctor may press EMTALA retaliation claims (E.D. Mich.), 406
– R.I., peer review privilege law bars compelling physician to answer deposition questions in EMTALA case (D.R.I.), 845
– Waiver of EMTALA sanctions change, proposed rule, 602

PATIENT SAFETY

See SAFETY OF PATIENTS
– Abuse

See ELDER ABUSE

– PSOs

See PATIENT SAFETY ORGANIZATIONS (PSOs)

PATIENT SAFETY ORGANIZATIONS (PSOs)

– Overview, attorneys have questions about how rules will operate, 179

PATIENT TRANSFERS

– EMTALA issues

See PATIENT DUMPING

PAY-FOR-PERFORMANCE PROGRAMS

– Delivery system reform provisions in Baucus bill, Special Report, 1270
– Negotiations and sharing responsibility key to success of Geisinger quality program, 549
– Value-based purchasing program (VBP)

See VALUE-BASED PURCHASING PROGRAM (VBP)

PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– Adverse impact on OB/GYN services in area due to loss of staff privileges alleged, dismissal of physician's antitrust and damages claims affirmed (5th Cir.), 935; rehearing denied and standard of proof issue clarified, 1179
– Burden of proof, hospital committee erred in ruling anesthesiologist had to prove she did not mishandle controlled substances (Cal. Ct. App.), 844
– Cal., action lasting nearly 9 years, summary judgment for hospital denied, ruling on doctor's due process allegations deferred (E.D. Cal.), 1307
– Conn., public hospital records are not protected by privilege in freedom of information law proceedings (Conn.), 1123
– EMTALA, post-incident materials are not discoverable in dual federal/state action (S.D. Tex.), 300; inappropriate screening and transfer claims rejected, 875; responsible third party designation of settling hospital proper in malpractice suit against doctor, 1507
– Federal gender discrimination suit, privilege does not apply to documents (D. Me.), 845
– Ga., routine credentialing information not privileged under state law (Ga.), 804
– HCQIA immunity

See HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)

– Idaho, negligent credentialing claim reinstated, no immunity for hospital that granted privileges to physician with alcohol abuse problem (Idaho), 949
– Mass., privilege does not bar medical board's discovery of credentialing records in probe of competency (Mass.), 1122
– N.C., documents are privileged and not subject to discovery (N.C. Ct. App.), 948
– Radiologist whose status changed to “consulting” entitled to injunction requiring reinstatement due to lack of formal investigation (Mont.), 33
– R.I., privilege law bars compelling physician to answer deposition questions in EMTALA case (D.R.I.), 845
– Tennessee

– – Discovery of records from nurse's infectious disease investigation allowed (Tenn. Ct. App.), 69
– – Hospital immune from damages for privileges revocation under state law (Tenn. Ct. App.), 1476
– – Immunity defense available to hospitals for credentialing decisions made by peer committee (Tenn. Ct. App.), 565

PENALTIES

See also DISCIPLINARY ACTIONS
– California regulatory agency fines

See CALIFORNIA

– Colo., UnitedHealthcare companies fined by state insurance agency for violations concerning individual coverage plans, 1371
– Confidentiality breach maximum CMPs increased by HHS, In Brief, 1187
– Del., BCBS fined for privacy violations due to printing error leading to disclosure of personal health information, 65
– EMTALA, hospital ordered to pay $50,000 for patient who died in emergency room (Departmental App. Bd., Civil Remedies Div.), 224
– ERISA, administrator fined for failure to provide denial documentation (W.D. Ark.), 221
– Failure to settle provision applies only to insurer, cap applies to physician (Tex.), 343
– FDA application false certifications

See LEGISLATION, FEDERAL, S 882

– Former general counsel of Tenet Healthcare ordered to pay $120,000 for inflated outlier revenues in SEC filings (C.D. Cal.), 922
– “Groundless claim” not shown, successful defense of trade practices case does not warrant attorney' fees or sanctions (D. Minn.), 942
– HIPAA

– – CVS Caremark agrees to pay to settle data disposal security claims, 250; pharmacist group urges FTC to continue investigating privacy violations, 397
– – Interim rule implements higher penalties mandated by HITECH Act, 1473
– – LoCost Rx Inc. reaches agreement with Ind. Pharmacy Bd., Walgreens cases pending, 795

– Modification of physicians' award against hospital for allegedly interfering with their medical practices denied (6th Cir.), 20; Federal Arbitration Act inconsistent rulings argued on appeal (U.S. rev sought), 721; (rev den), 1323; remaining claims dismissed (E.D. Mich.), 1434; reconsideration denied, 1497
– New York

– – Marketing of limited benefit plans, company fined, 1117
– – State must restore city Medicaid funds that were cut off for failure to meet home health care savings targets (N.Y. App. Div.), 802

– Nursing homes, quality of care settlement includes hiring full-time physician assistant, In Brief, 1205
– Pain management center agrees to pay to settle Medicare fraud allegations, In Brief, 1205
– SNFs

– – Failure to comply with program requirements placing resident with seizures in jeopardy, CMP affirmed (10th Cir.), 527
– – Nursing assistant's rough treatment of patient, penalty affirmed (4th Cir.), 1023
– – Transportation, fine for failure to fasten safety belts of wheelchair-bound residents riding in van upheld (4th Cir.), 1024

– Texas

– – Failure to file expert report, sanction motion survives nonsuit order (Tex.), 672
– – Nursing home can be fined by both state and federal agencies for same violations (Tex. App.), 979

– United Healthcare

– – Ga., fines for delayed payments, 1501
– – Mo. $536,000 in fines and reopening of denied chiropractic claims (Mo. Dep't of Ins.), 1172

– Wash. state insurance official fines carriers for regulatory violations, 635
– Zyprexa, Eli Lilly agrees to pay $1.4B criminal fine to settle allegations of promoting off-label use (E.D. Pa.), 127

PENNSYLVANIA

– Child custody suit mental health evaluation ordered, parent should not have been required to disclose existing privileged mental health records (Pa. Super. Ct.), 406
– Discount drug card marketing suit settled (Pa. Commw. Ct.), 185
– “Error of judgment” jury instruction no longer allowed, new trial ordered in birth injury suit (Pa. Super. Ct.), 1231
– Formulary, drugs with no generic version placed in highest copayment tier no violation of plan, proposed ERISA class action dismissed (E.D. Pa.), 833
– Guardians of incompetent patient may not withhold life-saving treatments (Pa. Super. Ct.), 224
– Highmark and Independence Blue Cross merger abandoned, 125
– Malpractice insurance subsidies, hospitals and physicians may pursue claims state failed to fully fund program (Pa. Commw. Ct.), 1060
– Medical monitoring claim for unapproved device implanted in infant allowed (E.D. Pa.), 342; cases certified for immediate appeal, 1228
– Old Germantown Hosp. and Albert Einstein Healthcare Network merger, CMS denial of loss upheld because transaction not bona fide sale (3d Cir.), 733
– Out-of-state hospitals, state cannot condition payment for trauma services by W. Va. DSH on requirement that it be accredited by Pa., temporary restraining order granted (M.D. Pa.), 946; preliminary injunction entered against state officials and agencies, 1372
– Right-to-Know Law covers Medicaid managed care program provider agreements, disclosure ordered (Pa. Commw. Ct.), 769
– Statutes of limitations, doctor-patient privilege breach not governed by shorter time period for privacy tort (Pa.), 286

PENSIONS

– ERISA issues

See ERISA

PHARMACEUTICALS

See DRUGS AND PHARMACEUTICALS; PRESCRIPTION DRUGS

PHARMACISTS AND PHARMACIES

– Antitrust

– – Institutional pharmacy's price conspiracy claim against merged insurers dismissed (N.D. Ill.), 123
– – Pfizer Inc. and Wyeth merger, pharmacists allege reduced competition and Troubled Asset Relief Program violations (N.D. Cal.), 1140; complaint dismissed, 1396
– – Sherman Act claims of internet pharmacy against PBMs time-barred (U.S., rev den), 1465

– Cal., pharmacy trade groups allege inadequate reimbursement under new Medi-Cal average wholesale price changes (C.D. Cal..), 1337
– CVS Caremark

– – Merger, FTC investigation disclosed, 1497
– – Settles FTC and HHS charges related to disposal of sensitive information in open dumpsters (FTC), 250; pharmacist group urges FTC to continue investigating privacy violations, 397

– DME, requirement that pharmacies selling to Medicare beneficiaries be accredited delayed, president signs new law, 1403
– Drug to prevent respiratory disease in children, Mo. specialty pharmacy settles FCA charges, 1110
– Ind. pharmacy owed no duty to warn woman of drug interaction (N.D. Ind.), 985
– LoCost Rx Inc. reaches agreement with Ind. Pharmacy Bd. on improper disposal of records, Walgreens cases pending, 795
– Medi-Cal cut in pharmacy payments barred by injunction (C.D. Cal.), 296
– Medicaid rule comments, DHS must produce for pharmacy groups and government may provide average manufacturer price data to Govt. Accountability Office (D.D.C.), 910
– Multiple source drug rule definition hearing delayed (D.D.C.), 259
– N.Y., pharmacy trade groups allege inadequate reimbursement under new Medicaid average wholesale price changes (N.D.N.Y.), 1337
– Omnicare Inc.

– – Allegations of Medicaid overcharges by switching prescriptions settled, In Brief, 759
– – Kickbacks alleged, settlement announced (D. Mass.), 1469
– – Securities class action, fraud claim remanded for pleading standards review but dismissal of other claims affirmed (6th Cir.), 1452

– Tenn., new law allows pharmacists to provide patients with actual reimbursement rate for prescription, 808
– Washington

– – Medicaid, temporary restraining order halts cut in reimbursements for brand-name prescription drugs (W.D. Wash.), 467
– – Pharmacy trade groups allege inadequate reimbursement under new average wholesale price changes (W.D. Wash.), 1337
– – Requirement for pharmacies to fill all prescriptions including for emergency contraception, preliminary injunction barring enforcement vacated and reconsideration ordered (9th Cir.), 952; panel rehearing granted but en banc denied, 1481

PHARMACY BENEFITS MANAGEMENT (PBM)

– Arbitration, judge in multidistrict antitrust litigation cannot vacate pre-transfer ruling, order to compel reinstated (3d Cir.), 1291
– CVS Caremark

– – Intervention by states, issue of sovereign immunity from counterclaims must be decided (5th Cir.), 1015
– – Labor coalition sues Mich. college to force release of information about PBM contract (Mich. Cir. Ct.), 333
– – Merger, FTC investigation disclosed, 1497

– D.C., PBM price disclosure law preempted by ERISA (D.C. Cir.), 401
– Information sharing amendment included in Senate Fin. Comm. reform bill, 1298
– Omnicare, institutional pharmacy's price conspiracy claim against merged insurers dismissed (N.D. Ill.), 123
– Sherman Act claims of internet pharmacy against PBMs time-barred (U.S., rev den), 1465

PHYSICAL THERAPY

See also REHABILITATION SERVICES
– Cal. company settles FCA suit (C.D. Cal.), In Brief, 495
– Ky. law allows physicians to bill for therapy services although not licensed as physical therapists (Ky.), 570
– RIF'd technician may pursue failure-to-rehire claim but wrongful discharge claim fails (6th Cir.), 1201
– Sexual harassment, physical therapist's $100,000 judgment against male doctor who repeatedly hugged and kissed her upheld (D. Neb.), 1294
– United Healthcare allegedly denied or delayed payments, ERISA claims of group of medical providers and plan participants allowed (D. Ariz.), 597

PHYSICIAN ASSISTANTS (PAs)

– N.D. law gives full prescribing privileges, In Brief, 443
– Nursing homes, quality of care settlement includes hiring full-time PA, In Brief, 1205
– Tex., expert reports must state standard of care for physician and physician's assistant separately (Tex. App.), 502

PHYSICIAN PAYMENT

– Fixing system supported by White House, 277; complete budget submission released, 630
– FY2010 budget resolutions

See LEGISLATION, FEDERAL, HConRes 85, SConRes 13

– House Democrats considering major changes in 2011, 796
– Medicare pay cut fix

See LEGISLATION, FEDERAL, HR 3961, S 1776

– Part B office drugs proposed for removal from 2010 fee schedule, 916; removal does not affect 2010 but expected in future years, 1477
– Pay-for-performance

See PAY-FOR-PERFORMANCE PROGRAMS

– Stand-in-the-shoes, CMS proposes clarifying provision in self referral rules, 933
– Sustainable growth rate formula

– – Final 2010 schedule cuts fees 21.2 percent, 1477
– – Pres. Obama acknowledges “legitimate” concerns of AMA members, 797
– – Sunset bill

See LEGISLATION, FEDERAL, S 1776

– Update options, Cong. Budget Off. analysis, 630

PHYSICIANS

See also OSTEOPATHS AND OSTEOPATHIC SERVICES; specific specialties
– Abortion issues

See generally ABORTION

– ADA claims

See AMERICANS WITH DISABILITIES ACT (ADA)

– Anti-kickback laws

See generally ANTI-KICKBACK LAWS

– Antitrust issues

See ANTITRUST

– Arbitration of state law employment bias claims, agreement must be clear, female doctor not required to arbitrate (Mass.), 1044
– Assisted suicide

See ASSISTED SUICIDE

– Attorneys, doctor who submitted standard of care testimony may not represent plaintiffs as lawyer (Tenn. Ct. App.), 533
– Balance billing

See BILLING

– Balance of power shifting in hospital-medical staff relationships, BNA Analysis & Perspective, 608
– Breach claims against former practice group including premature cancellation of health coverage not preempted by ERISA, remanded to state court (W.D. Tenn.), 803
– Call coverage

– – Excessive call hours, trial court ordered to reduce amount of award to doctor (Ark. Ct. App.), 1480
– – Neurosurgeon who provided telephone advice to emergency room physician established doctor-patient relationship as matter of law, jury verdict reversed and remanded (Or. Ct. App.), 1508
– – On-call payments for physicians who treat uninsured patients do not violate anti-kickback law, advisory opinion, 683

– Claims processing issues

See generally CLAIMS PROCESSING

– Clinical integration

– – Md. program will not trigger FTC challenge, advisory opinion, 487
– – New guidance, advisory opinion, 587

– Conduct, Joint Commission disruptive physician standards compared to AMA code, 1075
– Consulting payments, criminal conspiracy complaints against joint implant makers dismissed due to business practice reforms, 4 cases (D.N.J.), 457
– Corporate practice of medicine

See CONTRACTS AND CONTRACTORS

– Doctor-owned hospitals

See SPECIALTY HOSPITALS

– Doctor-patient privilege

See PRIVACY AND CONFIDENTIALITY

– Expert witnesses

See EXPERT WITNESSES

– False claims

See FALSE CLAIMS

– Fla., wrong-site errors disciplinary action law does not violate doctor's rights under state constitution (Fla. Dist. Ct. App.), 698
– Gainsharing

See GAINSHARING

– Good Samaritan laws, Ill., doctors who participated in emergency delivery of baby are immune from liability (N.D. Ill.), 192
– HCQIA immunity

See HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)

– Health care fraud scrutiny increased, IG official says, 654
– Hospital reports on financial ties to doctors, Am. Hosp. Ass'n urges White House to block implementation due to cost and burden, 137
– Independent contractors

See CONTRACTS AND CONTRACTORS

– Informed consent

See INFORMED CONSENT

– Joint Commission medical staff standard working draft under review, 1429
– Libel claims against state officials by neurologist who successfully defended herself against upcoding claims may proceed (D. Utah), 1366
– Licenses

See LICENSES AND LICENSING

– Liquidated damages, claim for alleged violation of confidentiality agreement unenforceable because award must be reasonably related to actual harm (Cal. Ct. App.), 139
– Malpractice

See MALPRACTICE

– Malpractice insurance

See MALPRACTICE INSURANCE

– Medical review organizations (MROs), state rules allowing providers to challenge independence upheld (N.J. Super. Ct.), 140
– Medically underserved areas, doctor who failed to serve entire term must repay funds from DHS and Natl. Health Serv. (D. Utah), 1063
– Medicare claims records, nonprofit consumer magazine may not obtain documents (D.C. Cir.), 164
– Modification of doctors' award against hospital for allegedly interfering with their medical practices denied (6th Cir.), 20; Federal Arbitration Act inconsistent rulings argued on appeal (U.S. rev sought), 721; (rev den), 1323; remaining claims dismissed (E.D. Mich.), 1434; reconsideration denied, 1497
– Noncompete clauses

See NONCOMPETE CLAUSES

– NPDB

See NATIONAL PRACTITIONER DATA BANK (NPDB)

– Okla. orthopedic care providers agree to pay to settle FCA claims (W.D. Okla.), In Brief, 793
– Outlook 2009, health law issues, 5
– PATH issues

See PHYSICIANS AT TEACHING HOSPITALS (PATH)

– Payment

See PHYSICIAN PAYMENT

– Pharmaceutical and device makers disclosure of gifts and payments

– – Reporting

See LEGISLATION, FEDERAL, S 301

– – Vt. governor signs bill expanding law, 775

– Physical therapy, state law allows doctors to bill for therapy services although not licensed as physical therapists (Ky.), 570
– Prescription records

– – Access to de-identified health information needed, BNA Analysis & Perspective, 472
– – N.H. law banning data mining upheld (U.S., rev sought), 431; (rev den), 869
– – Vt. law barring sale or use of prescriber-identifiable data upheld (D. Vt.), 555; injunction pending appeal denied, 793

– Prohibition on interference in doctor-patient relationships

See LEGISLATION, FEDERAL, HR 2516

– PROs

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– Public hospital doctors can be sued for malpractice (Tex. App.), 37; opinion revised, 344
– Rankings

– – Natl. Comm. for Quality Assurance reviews efforts of health plans to meet settlement compliance standards, 31
– – Tex. BCBS plan agrees to stop using cost-based doctor rating system under deal with state attorney general (Tex. Dist. Ct.), 496

– Recruitment agreements, doctor who was recruited to complete his training as board-certified radiologist may pursue breach claim for premature termination (M.D. Pa.), 376
– Residents

See GRADUATE MEDICAL EDUCATION (GME)

– Retaliatory firing claim survives motion to dismiss whistleblower suit (S.D. Ohio), 791
– Risk management, doctors urged to adopt quality programs to improve office practices, 690
– Sexual harassment

See generally SEXUAL HARASSMENT

– Staff privileges

See STAFF PRIVILEGES

– Stark laws

See SELF-REFERRALS

– Taxes, clinic must satisfy IRS levy to recover amount owed by doctor (S.D. Miss.), 377
– Telemedicine legal issues, 241
– Vicarious liability

– – Hospitals

See HOSPITALS

– – Medical group, no expert report required for professional association sued as employer (Tex. App.), 503

– Workers' compensation claim of doctor harmed by nerve block injections by medical colleague while both were on duty not compensable (D.C.), 1263

PHYSICIANS AT TEACHING HOSPITALS (PATH)

– La. medical school agrees to pay to settle FCA allegations (W.D. La.), In Brief, 1017

PILOT PROJECTS

See DEMONSTRATION PROJECTS

PLEADING

– Antitrust

– – Dialysis services company may amend complaint to cure Sherman Act deficiencies (D. Colo.), 1165
– – “Groundless claim” not shown, successful defense of trade practices case does not warrant attorney' fees or sanctions (D. Minn.), 942
– – Insurance agency's group boycott claims against Anthem BCBS dismissed (6th Cir.), 22
– – Tying, eye surgery instrument maker's suit dismissed for failure to plead price coercion, reconsideration denied (S.D.N.Y.), 1165

– Below market rents allegedly traded for referrals, FCA suit dismissed for lack of specificity (S.D. Tex.), 182
– 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
– Confidentiality breach claim against psychologist is subject to medical malpractice requirements, suit dismissed (Mich. Ct. App.), 301
– Omnicare Inc. securities class action, fraud claim remanded for standards review but dismissal of other claims affirmed (6th Cir.), 1452
– RICO, mail fraud or wire fraud not alleged with particularity, physician's suit against automobile insurance company and providers of independent medical examinations dismissed (E.D.N.Y.), 1014
– Well-pleaded complaint rule exception, ERISA does not preempt underlying employment breach claims, suit remanded (W.D. Tenn.), 803

POLITICAL ACTIVITIES

See LOBBYING

PPOs

See PREFERRED PROVIDER ORGANIZATIONS (PPOs)

PREFERRED PROVIDER ORGANIZATIONS (PPOs)

– Assignment of benefits, new Fla. law requires insurers to pay out-of-network providers directly, 801
– Discounts, suit by subscribers seeking negotiated rates after exceeding annual benefit amounts cannot proceed without preferred providers, dismissed (W.D. Wash.), 800
– Illinois

– – 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

– Market concentration effect varies, GAO report, 1198
– Medigap insurers contracting with hospitals to create preferred provider networks no basis for sanctions, advisory opinion, 1046
– Negotiations, physician group settles FTC price-fixing charges, 21
– Out-of-network providers

– – Dialysis center, MSP law is not violated by lower reimbursement rates (N.D. Ga.), 255
– – Participant not entitled to full benefits for knee surgery (N.D. Cal.), 159

– Tenn., discount disclosure law signed by governor, 908

PREGNANCY AND CHILDBIRTH

– Abortion

See ABORTION

– Baby misidentification, hospital not liable in actions for emotional distress and other claims, 2 cases (Tenn. Ct. App.), 168
– Blog post did not violate privacy policy, nursing student reinstated (W.D. Ky.), 1113
– Cal. 6-month residency requirement for prenatal care for low-income patients is unconstitutional (Cal Super. Ct.), 26
– Discrimination

See PREGNANCY DISCRIMINATION

– EMTALA

– – Does not apply, woman sent to another hospital after outpatient appointment at hospital testing center without knowledge of imminent danger to unborn baby (3d Cir.), 1225
– – Emergency cesarean section not performed, jury finds physician and hospital violated law by transferring woman whose infant died (N.D. Iowa), 373; jury verdict upheld but damages reduced, 668
– – Failure to screen claims against Navy hospital dismissed due to sovereign immunity (E.D. Va.), 103
– – Miscarriage and infections after being admitted to hospital, claims of patient who was neglected but not transferred rejected (D.P.R.), 771

– Expert 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
– Failure to disclose treatment risks and alternatives, verdict on lack of informed consent reinstated (Md.), 1027
– Good Samaritan laws, Ill. 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
– Infertility treatment, Cal. law does not require BCBS to provide full coverage (Cal. Ct. App.), 976
– Minn., genetic privacy law allegedly violated by collecting and storing newborn blood and DNA without parental consent (Minn. Dist. Ct.), 367
– N.J. governor signs maternity services coverage law, 1172
– Pa., “error of judgment” jury instruction no longer allowed, new trial ordered in birth injury suit (Pa. Super. Ct.), 1231
– Postpartum depression research

See LEGISLATION, FEDERAL, HR 20

– Premature child developed cerebral palsy, treating physician may testify in malpractice suit without being designated as expert before trial (N.C. Ct. App.), 533
– Right of sepulcher, hospital liable for misplacing remains of couple's infant (D. Haw.), 166
– Surgical technician who tried to facilitate adoption terminated, hospital did not violate state law or public policy (Tenn. Ct. App.), 1399
– Texas

– – Late service of expert report to support birth injuries claim, dismissal ordered (Tex. App.), 1061
– – Public hospital doctors can be sued for malpractice (Tex. App.), 37; opinion revised, 344

– Vicarious liability

– – Hospital, negligence claims allowed because patient may have reasonably believed doctors were hospital employees (N.D. Ill.), 39
– – Medical group sued for birth complications, no expert report required for professional association sued as employer (Tex. App.), 503

– Wrongful birth

See WRONGFUL BIRTH

PREGNANCY DISCRIMINATION

– Dental assistant fired because she could not take X-rays of patients, claim rejected (Cal. Ct. App.), 1435
– Obstetrics/gynecology records may not be disclosed without judicial review to determine relevance (Ohio Ct. App.), 222
– Oral and maxillofacial surgery practice, jury should consider punitive damages (8th Cir.), 1166
– Reasonable maternity leave required by state law regardless of general leave policy (Ohio Ct. App.), 455

PREMIUMS AND RATES

– CIGNA medical loss ratio data sought by Senate panel, 1501
– “Closing the block,” claim based on failure of major medical insurer to disclose action to reduce risk pool may proceed (D.N.J.), 1254
– Erroneous refunds of Part D premium to beneficiaries, waiver of repayment denied (D.D.C.), 439
– “Filed rate” doctrine bars fiduciary duty breach suit against AARP trust for approving premium rates (S.D.N.Y.), 1443
– Mass. probe of relationship between payments by insurers to providers and health care cost increases, 71
– Qualified Individual program to assist with Part B premiums extended, 284

PRESCRIPTION DRUGS

– Antitrust issues

See ANTITRUST

– Avastin approved for ovarian cancer after coverage decision reversed (Cal. Super. Ct.), 338
– Cal. statutory price ceilings, class certification rejected in county's overcharging suit against companies (N.D. Cal.), 686
– Celebrex and Bextra, third-party payers and consumer class action settlement approved (N.D. Cal.), 1401
– Celexa and Lexapro allegedly marketed for pediatric patients, U.S. intervenes in whistleblower suits, 2 cases (D. Mass.), 283
– Cipro patent litigation settlement did not illegally restrain trade (U.S., rev den), 823
– Data sales ban

– – Access to de-identified health information needed, BNA Analysis & Perspective, 472
– – N.H. law upheld (U.S., rev sought), 431; (rev den), 869
– – Vt. law barring sale or use of prescriber-identifiable data upheld (D. Vt.), 555; injunction pending appeal denied, 793

– Dextromethorphan

See LEGISLATION, FEDERAL, HR 1259

– Dilaudid overdose allegedly given kidney stone patient, court must state reason for new trial order (Tex.), 950
– Disclosure of payments and gifts to physicians

See LEGISLATION, FEDERAL, S 301

– Discount card marketing suit settled (Pa. Commw. Ct.), 185
– Enbrel and Aranesp illegal marketing alleged, FCA suit partially unsealed (D. Mass.), 284
– Generic drugs

See GENERIC DRUGS

– Imports

See IMPORTATION

– Ind. pharmacy owed no duty to warn woman of drug interaction (N.D. Ind.), 985
– Medicaid

See MEDICAID DRUG COVERAGE

– Methicillin-resistant Staphylococcus aureus infections, new Wash. law requires hospitals to report, 598
– Naturecor allegedly marketing for unapproved use, U.S. intervenes in whistleblower suits, 2 cases (N.D. Cal.), 282
– N.D. law gives PAs full prescribing privileges, In Brief, 443
– Norvir and Kaletra

– – Bundled discounts and combination products, implications of Norvir, BNA Analysis & Perspective, 1128
– – Leverage of monopoly power in one drug product market to raise prices of related drug does not violate Sherman Act (9th Cir.), 935

– Patient assistance programs, pharmaceutical company may provide certain products to large DSH hospitals without penalties, advisory opinion, 1046
– Paxil clinical trial, criminal charges reinstated against investigator for failing to adhere to FDA recordkeeping and reporting requirements (5th Cir.), 210
– Plavix, drugs with no generic version placed in highest copayment tier no violation of plan, proposed ERISA suit dismissed (E.D. Pa.), 833
– Premature infant drug monopoly alleged, copy of assignment from direct purchaser belatedly submitted sufficient to establish standing (D. Minn.), 1433
– Protonix, Wyeth accused of overcharging Medicaid by fraudulent price reporting, 2 cases (D. Mass.), 687
– Ranitidine Fluoxetine, and Buspirone therapeutic interchanges, Omnicare Inc. settles overcharge allegations, In Brief, 759
– Remicade and Procrit average wholesale price inflation claims dismissal, trial court failed to adequately explain rationale, reversed and remanded (1st Cir.), 1290
– Restrictions on use of data for marketing being considered by states, 216
– Risperdal, Tex. attorney general files amended complaint in qui tam suit against makers alleging misrepresentations to state Medicaid program (Tex. Dist. Ct.), 25
– RU-486

– – 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
– – Ohio, doctors cannot prescribe for unapproved uses, 49-day gestational limit applies (Ohio), 920; permanent injunction vacated and suit remanded to district court (6th Cir.), 1094
– – Okla., clinic suit claiming law restricting use 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

– Steroid-based nasal sprays, Aventis settles price allegations, In Brief, 759
– Synagis to prevent respiratory disease in children, Mo. specialty pharmacy settles FCA charges, 1110
– Vt., expanded gift and disclosure law signed by governor, 775
– Vioxx, Merck & Co. investors' suit alleging misrepresentations reinstated due to question about “inquiry notice” time limitation (U.S., rev grant), 707; Solicitor Gen. files amicus brief, 1483
– Vytorin and Zetia, settlement of class action alleging buyers misled into paying higher prices (D.N.J.), 1437
– Zoladex, average wholesale price inflation of prostrate cancer treatment, $12.9M judgment against AstraZeneca affirmed (1st Cir.), 1289
– Zyprexa

See ZYPREXA

PREVENTIVE CARE

– Alternative approaches advocated by speaker at Senate hearing, 285
– Economic stimulus package

See LEGISLATION, FEDERAL, HR 1, HR 598

– Harkin (D-Iowa) supports integrative medicine, 285
– Legal issues surrounding wellness programs analyzed by Cong. Research Service report, 908
– Medical homes, Senate committee hears testimony, 129

PRICE FIXING

See generally ANTITRUST

PRIVACY AND CONFIDENTIALITY

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

– – Kaiser's Bellflower Hospital fined by Cal. for medical records breach, 662; fine of $187,000 for second patient privacy violation, 974
– – Over 800 breaches reported in first five months of 2009, 973

– Child custody suit mental health evaluation ordered, parent should not have been required to disclose existing privileged mental health records (Pa. Super. Ct.), 406
– CMPs for confidentiality breaches, maximum increased by HHS, In Brief, 1187
– Connecticut

– – BCBS may have violated breach notification law after loss of confidential unencrypted data on physicians, state attorney general says, 1499
– – Public hospital records are not protected by peer review privilege in freedom of information law proceedings (Conn.), 1123

– Corporate integrity agreement documents not protected from public disclosure under state law (Tenn. Ct. App.), 758
– Del., BCBS fined for privacy violations due to printing error leading to disclosure of personal health information, 65
– Doctor-patient privilege

– – Breach not governed by shorter statute of limitations for privacy tort (Pa.), 286
– – Ex parte contact with plaintiff's nonparty physicians may not be barred, no HIPAA preemption (Tex.), 805
– – Health IT, proposed class action challenges stimulus provision (S.D.N.Y.), 906
– – Patient consent allows insurers to review medical records (Ohio), 770
– – Prohibition on interference in doctor-patient relationships

See LEGISLATION, FEDERAL, HR 2516

– – Redaction does not divest privileged status, discovery of nonparty medical records not permissible (Ohio), 913

– Electronic health records

See ELECTRONIC HEALTH RECORDS

– ERISA, claims that insurer negligently gave participant's address to ex-husband not preempted (C.D. Cal.), 695
– Health IT

– – Coalition expresses concerns about provisions in economic stimulus package, 27
– – Due process and privacy challenge to stimulus provision, proposed class action filed (S.D.N.Y.), 906

– HIPAA

See HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

– HIV status and marijuana use, VA doctor did not violate privacy right by revealing to union representative (U.S., rev den), 132
– Identity theft issues

See IDENTITY THEFT

– Liquidated damages, claim for alleged violation of confidentiality agreement unenforceable because award must be reasonably related to actual harm (Cal. Ct. App.), 139
– Mich., confidentiality breach claim against psychologist is subject to medical malpractice pleading requirements, suit dismissed (Mich. Ct. App.), 301
– Mo., data breach notice law signed by governor, 975
– New York City required to produce documents in suit opposing HIP Health Plan merger, motion for reconsideration denied (S.D.N.Y.), 653
– Physician misconduct investigation, doctor must produce medical and billing records to state medical board (N.Y. App. Div.), 1176
– Preferred Care Partners may pursue breach of confidentiality agreement claims related to failed negotiations to purchase Humana Inc. (S.D. Fla.), 524
– Prescription records

– Psychologist-patient privilege, subpoena to investigate billing practices quashed due to lack of consent by patient (Mich. Ct. App.), 339
– Settlements, seal denied in case creating special needs trust for minor, confidentiality preempted by public's right of access to court records (S.D.W. Va.), 1509

PRIVILEGED COMMUNICATIONS

– Attorney-client

See ATTORNEY-CLIENT PRIVILEGE

– Confidentiality

See PRIVACY AND CONFIDENTIALITY

– Discovery issues

See generally DISCOVERY

– Doctor-patient

See PRIVACY AND CONFIDENTIALITY

– Peer review

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

PRIVILEGES OF MEDICAL STAFF

See STAFF PRIVILEGES

PRODUCT LIABILITY

See also specific products
– Planning for a Post-Levine World, BNA audioconference, 572

PROMPT PAYMENT

See CLAIMS PROCESSING

PROs

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

PROSTHESES

– Hip and knee implants

See JOINT REPLACEMENT

PROVIDER REIMBURSEMENT REVIEW BOARD (PRRB)

– Procedural rules, denial of hospitals' reimbursement claims upheld due to failure to follow directions for reinstating appeal (D.C. Cir.), 703

PSOs

See PATIENT SAFETY ORGANIZATIONS (PSOs)

PSYCHIATRIC CARE FACILITIES

– Children's inpatient hospital agrees to pay to settle FCA claims (E.D. Pa.), In Brief, 553
– EMTALA, psychiatric emergency room release of patient who committed suicide days later, inadequate screening claim fails (Cal. Ct. App.), 1059
– FY2010 rate increase, In Brief, 603
– Geropsychiatric unit admissions of patients with dementia who could not benefit from program, previous public disclosure basis for FCA dismissal (9th Cir.), 655
– Idaho, Medicaid limitations on inpatient psychiatrist treatment reimbursements upheld (Idaho), 1304
– Liability, physicians and others who provided psychiatric treatment to man who murdered his wife did not voluntary undertake a duty to protect her (Ill.), 1308
– Suicide due to hospital's negligence claim may be pursued under custodial care provisions, expert medical testimony not needed (Wis. Ct. App.), 735

PSYCHIATRISTS

– Criminal charges reinstated against drug investigator for failing to adhere to FDA recordkeeping and reporting requirements (5th Cir.), 210
– FCA claim related to billing system at hospital psychiatric section reinstated (5th Cir.), 492
– Patient exhibited no violent tendencies, physician not liable for deaths of people killed (Cal. Ct. App.), 531

PUBLIC EMPLOYEES

– FEHBP

See FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP)

– State and local

See STATE AND LOCAL GOVERNMENT EMPLOYEES

– VA employees

See VETERANS AFFAIRS DEPARTMENT (VA)

PUBLIC HOSPITALS

– Abortion training for medical residents advocate may pursue claims against officials and individuals who allegedly conspired to have his employment terminated (D. Ariz.), 391
– Conn., records are not protected by peer review privilege in freedom of information law proceedings (Conn.), 1123
– Cook County, Ill., doctors' retaliation and equal protection claims survive motion to dismiss (N.D. Ill.), 208
– Doctors can be sued for malpractice (Tex. App.), 37; opinion revised, 344
– First Amendment

– – Physician's speech critical of hospital practices not protected because it did not involve matters of public concern (E.D. Tenn.), 529
– – 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

– State action doctrine bars antitrust claims against county hospital official and committee members (E.D. Tenn.), 515; defendant physicians may not recover attorneys' fees and costs under HCQIA, 734
– State hospital immune from certain antitrust and consumer claims by physician alleging oncology services monopoly (W.D. Wash.), 1394

PUERTO RICO

– Dental surgeons' claims handling suit against insurance companies should not have been remanded, Class Action Fairness Act may apply (1st Cir.), 1473
– Licenses, injunctive relief denied to physician who claims suspension based on arbitrary cosmetic surgery practice restriction (1st Cir.), 1022