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Vol. 18, Nos. 1-44, pp. 1-1514 Jan. 8 - Nov. 12, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
RACIAL OR ETHNIC DISCRIMINATION
African American county nurse had attendance problems after being diagnosed with stress disorder after car accident, race bias and retaliation claims fail (7th Cir.), 552
Asian-American doctor fails to prove bias in staff privileges denial (N.D. Ohio), 101 Cook County, Ill. public hospital, doctors' retaliation and equal protection claims survive motion to dismiss (N.D. Ill.), 208 HCQIA immunity presumption is not overcome by African-American physician whose privileges were revoked after lengthy review process, judgment affirmed (5th Cir.), 876 Orthopedic surgeon's defamation and bias claims for summary suspension properly dismissed (5th Cir.), 670 Photocopying nursing home resident's medication record for bias case not misappropriation of property, reversed and remanded (Okla.), 1256 Reprimand letter allegedly unjustified, no adverse employment action against African American emergency department physician (S.D.N.Y.), 1307 Retail clinic altercation was employment-related nurse practitoner's claims dismissed (D. Minn.), 639
Explanation of benefits allegedly fraudulent, dismissal of claim affirmed (8th Cir.), 336; (U.S., rev sought), 1021; (rev den), 1333
Insurers' fraud claim against medical service providers allowed, no tolling of statute of limitations where companies failed to exercise due diligence (E.D.N.Y.), 1365 Joint implants, financial incentives to surgeons alleged, court dismisses civil claims against Stryker Orthopoaedics and Smith & Nephew Corp. (D.N.J.), 212 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 Medicare outlier claims by Tenet allegedly inflated, dismissal of suit by Fla. hospital affirmed (11th Cir.), 1224 Orthopedic device makers win dismissal of suit alleging kickbacks and other violations (W.D. Pa.), 425 Quest Diagnostics improper billing claims, class certification denied (D.N.J.), 211 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
Abortion
N.D., clinic need not provide auscultation of fetal heart tones, statute informational only (N.D. Dist. Ct.), 1155
Okla., clinic suit claiming law 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 Corporate practice of medicine, provider license need not be fraudulent to be ineligible for payment under state no-fault automobile insurance law (N.Y. Sup. Ct.), 346 Due process, lengthy suspension of radiologist during Medi-Cal fraud investigation no violation (Cal. Ct. App.), 945 Imaging services
Carilion Clinic's acquisition of outpatient clinics harms competition in Roanoke area (FTC), 1011; firm agrees to divest two outpatient clinics, 1361
Payments passed through to radiologists in another firm not taxable (Wash. Ct. App.), 1312 Radiation overexposure during computed tomography scans, putative class action against GE Healthcare and subsidiary (Cal. Super Ct.), 1479 Knee replacement surgery, radiologist not qualified as expert on orthopedic standard of care (Tex. App.), 1182 Mammogram reading error, jury award to woman with incurable breast cancer upheld (Tenn. Ct. App.), 1125 Nev. diagnostic imaging service and owners agree to pay to settle FCA allegations, 428 NPDB report, HCQIA immunity does not apply to suit by temporary radiologist who left after two days due to alleged patient safety concerns (W.D. Okla.), 638 Pain management specialist cannot show proof of monopoly where health care network refused to add him to radiologists list (Tex. App.), 824 Radiology benefit managers proposed to cut Medicare costs, 279 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 Staff privileges, radiologist whose status changed to consulting entitled to injunction requiring reinstatement due to lack of formal peer review investigation (Mont.), 33 Yale-New Haven Hospital agrees to pay to settle allegations of medically unnecessary hospital admissions for radiation treatment patients, 903
Criminal charges reinstated against drug investigator for failing to adhere to FDA requirements (5th Cir.), 210
HIPAA issues
Preparing for permanent program, BNA Analysis & Perspective, 573
Opportunity for growth and flexibility, attorneys say, 1463
Tax exemption organization applications increase, 641; IRS approves 30 applications, 1379
Legal issues in achieving quality and cost efficiency, BNA Analysis & Perspective, 740
Rescission of three controversial Medicaid rules planned by CMS, 601; rescinded, 873 White House orders agencies to halt work on pending rules, 131
See also AMERICANS WITH DISABILITIES ACT (ADA)
AIDS discrimination, Tex. surgeon agrees to training in order to treat patients with HIV in settlement of HHS civil rights case (HHS OCR), 1393 Alaska agency and HHS Civil Rights Off. sign equal transportation access agreement to benefit disabled nursing home residents, 561 Attention deficit hyperactivity disorder, emergency room doctor can proceed to trial with claims (W.D. Pa.), 490 Cal., adult day health care cuts stopped by injunction (N.D. Cal.), 1257 Effective communication with deaf patients
Deliberate indifference alleged, claims reinstated (2d Cir.), 1359
Md. hospital settles charges, 1260
Acute rehabilitative care delay allegedly led to injury, claim preempted by ERISA (D.N.J.), 1214
Cal. company settles FCA suit (C.D. Cal.), In Brief, 495 Paralysis research Wife of company owner liable for signing and certifying cost reports (E.D. Mich.), 1077
See generally IMPORTATION
See WAIVERS
Contraception issues
See generally CONTRACEPTION
Forcing employees to participate in Church of Scientology religious practices, Chicago dentist will pay to settle suit (N.D. Ill.), 92
Leave to make pilgrimage to Mecca, Nashville hospital agrees to pay to settle claims of failure to accommodate technician's request (M.D. Tenn.), 590
Cardiac care report cards, N.J. did not violate law in changing way it required licensed providers to report morality data (N.J. Super. Ct. App. Div.), 108
Criminal charges reinstated against drug investigator for failing to adhere to FDA requirements (5th Cir.), 210 Disclosure of unanticipated medical outcomes, more hospitals and insurers requiring patients be informed but others dispute policy, 1321 Doctor shopping and malpractice insurers payment reporting laws signed by Tenn. governor, 535; doctor shopping guide released, 883 Expert reports to establish standard of care
See TEXAS
Financial ties to doctors, Am. Hosp. Ass'n urges White House to block implementation due to cost and burden, 137 Form 990
See TAXATION
Mo., data breach notice law signed by governor, 975 N.H. governor signs new law covering adverse events at hospitals and ASCs, 1064 N.J., governor signs bill requiring public reporting of hospital adverse events, 1186 N.Y., new law requires hospitals to disclose nursing quality indicators and patient outcomes, 1301 N.C., governor signs bill raising the reportable level of malpractice payments and moves effective date, 920 NPDB Sanctions of physicians not reported, In Brief, 739 Self-disclosure
See DISCLOSURE
Abortion
See ABORTION
See CONTRACEPTION
Mass. clinic buffer zone law challenge rejected (1st Cir.), 954 Oakland, Cal., injunction denied against bubble ordinance creating buffer zone around people seeking access to reproductive health clinics (N.D. Cal.), 1377 Pregnancy and childbirth
See CAUSATION
California
Anthem Blue Cross agrees to pay fine and offer coverage to rescinded policyholders in agreement with state regulators, 220; temporary stay in suit by Los Angeles city attorney (Cal. Ct. App.), 694
Bills to curb passed by lawmakers, 1215 Blue Shield settles enforcement action with state regulator, 64 Directed verdict against couple who stipulated after Blue Shield gave up claims against them (Cal. Super. Ct.), 727 Health Net announces tentative settlement, 2 cases (Cal. Super. Ct.), 220; preliminary approval of settlement with hospitals and final approval of class action settlement, 693 Legislation to curb vetoed by governor, 1405 Notice allegedly misleading, 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 Stringent requirements for underwriting in proposed rule released by state agency, 763 End in 2010 Purging of small businesses that are costly to insure
Investigation by House panel, 1169
Rockefeller (D-Wis) asks CIGNA to explain, 1079
See generally ABORTION
Access to de-identified health information needed, BNA Analysis & Perspective, 472
Chronic pain research, education, and training
See CLINICAL TRIALS
Genomic, looking beyond 2009, 5 Impeded by HIPAA privacy rule, Inst. of Med. report, In Brief, 196 NIH funding
H1N1 virus
N95 respirators
Guidance for health care workers revised, 1416
Inst. of Med. recommends for health care workers, 1216 Supply allegedly inadequate, nurses' union files Cal-OSHA complaint, 967
Hospital administrators accused of lying about events leading to death of man after restraint by police officers, intentional emotional distress claims may proceed (E.D. Va.), 1060
Nursing assistant's rough treatment of patient affirmed, SNF penalty affirmed (4th Cir.), 1023 Transportation, fine for failure to fasten safety belts of wheelchair-bound SNF residents riding in van upheld (4th Cir.), 1024
Abortion-related services
Challenge to HHS rule barring action against health care workers who refuse to participate by Conn. attorney general joined by other states (D. Conn.), 109
La. protection law signed by governor, 988 Right of conscience rule under review, opponents pleased by possible rescission, 304; HHS proposes rescission, 347
Clause in agreement between hospital and contractor does not bind anesthesiologist who alleges termination for reporting medical error (Fla. Dist. Ct. App.), 327
State law employment bias claims, agreement must be clear, female doctor not required to arbitrate (Mass.), 1044 Employment-at-will doctrine does not bar nurse's suit alleging firing due to refusal to lie on notes (Mo. Ct. App.), 244 EMTALA
Doctor whose privileges were allegedly suspended due to refusal to authorize patient transfer may press claims (E.D. Mich.), 406
Waiver of immunity claimed, retaliatory firing suit of physician who reported alleged violations dismissed (U.S., rev sought), 1089; (rev den), 1340 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 FMLA Libel claims against state officials by neurologist who successfully defended herself against upcoding claims may proceed (D. Utah), 1366 Optician fired for insubordination after repeatedly complaining about allegedly illegal store practices may proceed with claim (E.D. Tenn.), 1295 Peer review privilege does not apply to documents in federal bias suit (D. Me.), 845 Physician's firing claim survives motion to dismiss whistleblower suit (S.D. Ohio), 791 Pilot for air ambulance service fired after making complaints about aircraft safety entitled to reinstatement, back pay, and emotional distress damages (DOL ARB), 937 Respiratory therapist fired after statements to accreditors failed to show termination violated public policy of ensuring patient safety (Ill.), 825 Sexual harassment, male laboratory technician's claims alleging female colleague was infatuated with him reinstated (3d Cir.), 489 Surgical technician who tried to facilitate adoption terminated, hospital did not violate state law or public policy (Tenn. Ct. App.), 1399 Union organizing
Illegal discharge claim dismissed, Natl. Labor Relations Bd. has exclusive jurisdiction (Ky.), 126
Public hospital, doctors' claims survive motion to dismiss (N.D. Ill.), 208
COBRA qualifying events, notice required even where there is retirement coverage (W.D. Va.), 30
HCQIA immunity, hospital and committee members not liable for privileges termination under terms of earlier consent agreement, state age bias claim fails (R.I. Super. Ct.), 1504
Medical marijuana, lawmakers override veto of bill allowing dispensaries, 849 Peer review privilege law bars compelling physician to answer deposition questions in EMTALA case (D.R.I.), 845
Florida Amendment 7, patient's constitutional right of access to adverse medical events records
See FLORIDA
Disclosure of unanticipated medical outcomes, more hospitals and insurers requiring patients be informed but others dispute policy, 1321
Doctors urged to adopt quality programs to improve office practices, 690
Access to care for Tex. Medicaid recipients, case seeking to raise reimbursement rates for rural providers fails (5th Cir.), 359
CON, Fla. governor signs law authorizing second renewal for rural hospitals, 722 Medi-Cal eliminates dental and other optional benefits, suit by nonprofit community clinics fails (Cal. Super. Ct.), 872 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
