Health Law Reporter Index-Summary

– BCBS did not violate law by lowering reimbursement rates for treatment at out-of-network dialysis center (N.D. Ga.), 255
– MSP qui tam suits, private individual cannot recover Medicare funds his insurers may have improperly retained (2d Cir.), 1054
– Termination of health and welfare fund beneficiary after learning of Medicare eligibility due to ESRD violates MSP law (E.D. Tenn.), 1114
– “Utterly frivolous” MSP qui tam suits, sanctions imposed (U.S., rev den), 136

SECURITIES

– Aetna Inc., class action alleging misrepresentations to conceal underpricing to gain market share dismissed (E.D. Pa.), 850
– 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
– Bonds

See BONDS

– Foreign Corrupt Practices Act

See FOREIGN CORRUPT PRACTICES ACT (FCPA)

– Guidant Corp., dismissal of private securities fraud putative class action affirmed (7th Cir.), 1453
– HealthSouth, Ernst & Young settlement of class action approved (N.D. Ala.), 442; bar order against former CEO affirmed and rejection of untimely bid to opt out of bondholder class affirmed (11th Cir.), 883
– Merck & Co. investors' suit alleging Vioxx misrepresentations reinstated due to question about “inquiry notice” time limitation (U.S., rev grant), 707; Solicitor Gen. files amicus brief, 1483
– Natl. Century Fin. Enter. Inc. executives get lengthy prison terms for roles in accounting scheme (S.D. Ohio), 443
– Omnicare Inc., fraud claim remanded for pleading standards review but dismissal of other claims affirmed (6th Cir.), 1452
– Tenet Healthcare

– – 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

– West Penn Allegheny Health Sys. discloses probe of financial statement claims, 377

SELF-REFERRALS

– Anti-kickback laws

See ANTI-KICKBACK LAWS

– Below market rents allegedly traded for referrals, FCA suit dismissed for lack of specificity (S.D. Tex.), 182
– Cardiac catheterization, claims of cardiologists and labs dismissed due to potential for indirect administrative challenge (D.D.C.), 517
– Executive of hospital must pay to resolve fraud allegations, attorneys call settlement “aggressive move” by IG, 1391
– Gainsharing

See GAINSHARING

– Hospitals structuring shared savings programs with physicians should follow designs likely to lead to approval by IG, attorney says, 427
– N.J., legislature approves safe harbor bill for ASCs in which referring physician has financial interest, 184; new law signed by governor, 395
– Personal services exception, hospital fails to demonstrate arrangement with anesthesiology group qualifies (3d Cir.), 121
– Self-disclosure protocol being refined to include kickbacks related to referrals, IG Open Letter, 427
– Specialty hospitals issues

See SPECIALTY HOSPITALS

– Stand-in-the-shoes, CMS proposes clarifying provision, 933
– Stark Law reform proposals of AHLA welcome but have little chance of success, lawyers say, 1105
– Tex. hospital group agrees to pay to resolve charges (S.D. Tex.), In Brief, 1470

SENTENCING

– Former Ala. governor entitled to re-sentencing after one mail fraud count dropped (11th Cir.), 364; (U.S., rev sought), 1110
– HIPAA, physician and two former employees of Little Rock, Ark., hospital sentenced to probation and fines, 3 cases (E.D. Ark.), 1440
– Natl. Century Fin. Enter. Inc. executives get lengthy prison terms for roles in accounting scheme (S.D. Ohio), 443

SEPARATION OF POWERS

– Wash. law requiring certificate of merit prior to filing medical malpractice lawsuit ruled unconstitutional (Wash.), 1261

SERIOUS REPORTABLE ERRORS (SREs)

See MEDICAL ERRORS

SETTLEMENTS

– Average wholesale price publications, approval for revised agreement to resolve suit against First DataBank Inc. and Medi-Span (D. Mass.), 363; pharmacy industry attempt to overturn settlement fails (1st Cir.), 1202
– Ban on payments to delay generic drug market entry

See LEGISLATION, FEDERAL, HR 1706

– Beckton Dickinson & Co. proposed resolution of direct purchasers' antitrust class action, objecting health care plaintiffs seek injunction (D.N.J.), 625
– Bristol-Myers settles charges of violating earlier antitrust suits by failing to report patent litigation deals to states, 26
– Celebrex and Bextra marketing, third-party payers and consumer class action settlement approved (N.D. Cal.), 1401
– Cipro patent litigation, agreement did not illegally restrain trade (U.S., rev den), 823
– Contribution claim against device maker by hospital and anesthesia group allowed (E.D. Mich.), 1230
– Corporate integrity agreements

– – Documents not protected from public disclosure under state law (Tenn. Ct. App.), 758
– – Nursing home quality of care structures improved, IG report, 562

– HealthSouth, Ernst & Young settlement of securities class action approved (N.D. Ala.), 442; bar order against former CEO affirmed and rejection of untimely bid to opt out of bondholder class affirmed (11th Cir.), 883
– Ind. Medicaid agency should not be held in contempt for alleged violations of consent decree covering eligibility determinations for disabled persons (7th Cir.), 767
– Mass. Medicaid drug pricing cases, Mylan Labs. motion to dismiss denied, previous pact no bar (D. Mass.), 364
– Penalty for failure to settle applies only to insurer, cap applies to physician (Tex.), 343
– Physician rankings, Natl. Comm. for Quality Assurance reviews efforts of health plans to meet compliance standards, 31
– Rescission case, directed verdict against couple who stipulated after Blue Shield gave up claims against them (Cal. Super. Ct.), 727
– Research funds, whistleblower's challenge to settlement of FCA suit fails (S.D.N.Y.), 329
– Responsible third party designation against settling hospital proper in malpractice suit against doctor for harm to child (S.D. Tex.), 1507
– 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
– Sexual harassment by male supervisor at private surgery center, settlement of Equal Employment Opportunity Comm'n suit on behalf of female nurses approved (S.D. Tex.), 491
– Subrogation issues

See SUBROGATION

– TennCare, home- or community-based care for disabled agreement modified by ruling that states are not required to provide certain levels of service (6th Cir.), 359
– Tenn., early periodic screening, diagnosis, and treatment of Medicaid-eligible children, injunction requiring state officials to provide remains in force (M.D. Tenn.), 1305

SEX DISCRIMINATION

– Arbitration of state law employment bias claims, agreement must be clear, female doctor not required to arbitrate (Mass.), 1044
– Cook County, Ill. public hospital, doctors' retaliation and equal protection claims survive motion to dismiss (N.D. Ill.), 208
– Equal Pay Act

See EQUAL PAY

– Gender as rating factor allowed under Cal. insurance law, suit seeks to end practice and proposed legislation would eliminate provision allowing women to be charged more for coverage (Cal. Super. Ct.), 160
– Harassment

See SEXUAL HARASSMENT

– Obstetrics/gynecology records may not be disclosed without judicial review to determine relevance (Ohio Ct. App.), 222
– Peer review privilege does not apply to documents in federal bias suit (D. Me.), 845
– Pornographic web sites allegedly accessed on hospital computer, terminated respiratory therapist fails to prove he was victim of gender bias (7th Cir.), 898
– Rescission of release denied, nurse's employee separation agreement valid despite threats by ex-husband who was CEO of hospital (E.D. Mich.), 1108
– Untimely, doctor's claim dismissed because conduct allegedly occurred more than 300 days before she filed Equal Employment Opportunity Comm'n complaint (D.D.C.), 1338

SEXUAL HARASSMENT

– Chicago dentist will pay to settle suit (N.D. Ill.), 92
– Complaint basis for temporary agency's cancellation of OB/GYN's assignment, tortious interference claim against hospital may proceed (D. Me.), 1091
– Emotional distress past and future plus punitive damages, nurse awarded $15M in suit against hospital (N.Y. Sup. Ct.), 277
– Female family practitioner's claims fail because male physician/clinic owner's conduct was not sufficiently “severe or pervasive” to violate law (W.D. N.C.), 492
– FMLA, stated intent to take leave basis for allowing retaliation claim of nurse allegedly terminated for violating harassment policy (N.D. Ind.), 393
– Male laboratory technician's harassment and retaliation claims alleging female colleague was “infatuated” with him reinstated (3d Cir.), 489
– Peer review privilege, disclosure of records from nurse's infectious disease investigation allowed (Tenn. Ct. App.), 69
– Physical therapist's $100,000 judgment against male doctor who repeatedly hugged and kissed her upheld (D. Neb.), 1294
– Private e-mails on company laptop, home health care agency not entitled to read e-mails between former employee and her lawyer (N.J. Super. Ct. App. Div.), 898
– Rescission of release denied, nurse's employee separation agreement valid despite threats by ex-husband who was CEO of hospital (E.D. Mich.), 1108
– Same juror rule, award to former office manager in suit against doctor remanded because court barred juror who voted against punitive damages from participating in calculation of award (Ohio Ct. App.), 937
– Supervisor at private surgery center accused, settlement of Equal Employment Opportunity Comm'n suit on behalf of nurses approved (S.D. Tex.), 491

SKILLED NURSING FACILITIES (SNFs)

– Bad debts for dual eligibles, denial of reimbursement for Part B therapy services upheld (D.C. Cir.), 1055
– Cal. imposes $100,000 fine after probe finds inadequate care led to death, 1447
– CMPs

– – Failure to comply with program requirements placing resident with seizures in jeopardy, penalty 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

– Collective bargaining, Snell Island SNF required to bargain with UFCW following representation election, NLRB authority upheld (2d Cir.), 836; (U.S., rev sought), 1301
– Complimentary local transportation for friends and families of residents not subject to penalties, advisory opinion, 362
– English-only rule, firm agrees to pay to settle national origin discrimination case (C.D. Cal.), 516
– Prior qualifying hospital stay, Medicare beneficiary who did not spend 3 days in hospital did not qualify for services (U.S., rev sought), 803; (rev den), 874
– Property tax, majority of facility is not exempt because not dedicated exclusively to long-term care for elderly (Conn.), 411
– Prospective payment system payment rates cut for FY2010, proposed rule, 603; final rule lowers payments 1.1 percent, 1058
– Value-based purchasing program options under consideration, 553

SMALL BUSINESSES

– Health care reform

– – Could help, physician group representatives tell House panel, 396
– – Critical, owners testify at House panel hearing, 1403

– Loans for small practices to buy health IT systems proposed by Dahlkemper (D-Pa), 866
– “Purging” of companies that are costly to insure

– – Investigation by House panel, 1169
– – Rockefeller (D-Wis) asks CIGNA to explain, 1079

– “Red flag rules” small practice exemption

See LEGISLATION, FEDERAL, HR 2345, HR 3763

SMOKING

– FDA regulation of tobacco

See LEGISLATION, FEDERAL, HR 1256

SNFs

See SKILLED NURSING FACILITIES (SNFs)

SOFTWARE

– Database on “usual, customary, and reasonable” charges

See DATABASES AND DATA BANKS

– Medical errors, Grassley (R-Iowa) questions IT firms about systems problems, 1471

SOUTH CAROLINA

– CON, individuals who received unauthorized cardiac treatments may not bring claim alleging violations (S.C.), 753
– Zyprexa, attorney general settles suit to recover cost of treating side effects (S.C. Cir. Ct.), In Brief, 1436

SOUTH DAKOTA

– Abortion, portions of informed consent law violate First Amendment rights of physicians (D.S.D.), 1153
– FICA tax refunds, Univ. of S.D. entitled to recover portion of attorneys' fees (D.S.D.), 737
– Medical resident discharged for inadequate performance not entitled to same due process as employee (S.D.), 303

SOVEREIGN IMMUNITY

– County hospital district immune from suit by city hospital seeking to recover cost of treating indigent patients (Tex.), 606
– EMTALA

– – Eleventh Amendment waiver claimed, retaliatory firing suit of physician who reported alleged violations dismissed (U.S., rev sought), 1089; (rev den), 1340
– – Failure to screen claims against Navy hospital dismissed (E.D. Va.), 103

– 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

See HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)

– Ind., hospital not be immune under state child abuse reporting law due to alleged failure to correct erroneous drug screening test for newborn quickly (N.D. Ind.), 39
– Intervention by states in CVS Caremark FCA suit, issue of immunity from counterclaims must be decided (5th Cir.), 1015
– Report to HHS, libel claims against state officials by neurologist who successfully defended herself against upcoding claims may proceed (D. Utah), 1366
– Seventh Amendment is not violated by requiring malpractice claimants against federally supported health center physicians to pursue remedies under Federal Tort Claims Act (6th Cir.), 1125
– State hospital immune from certain antitrust and consumer claims by physician alleging oncology services monopoly (W.D. Wash.), 1394
– Tenn., defense available to hospitals for credentialing decisions made by peer review committee (Tenn. Ct. App.), 565
– Texas

– – Medical resident at Univ. of Tex. Science Center a state employee, tort suit for removal of testicle dismissed (Tex. App.), 441
– – Public hospital doctors can be sued for malpractice (Tex. App.), 37; opinion revised, 344

SPECIAL REPORTS

– Guidance for unionization at Catholic hospitals aims for “fair process,” 884
– Health care delivery system reform provisions in Baucus bill: a substantial set of provisions, 1270

SPECIALTY HOSPITALS

– Budget includes proposal to address financial conflicts of interest, 279
– Economic credentialing policy to deny privileges to physicians who hold ownership interests in competing hospitals enjoined (Ark. Cir. Ct.), 296
– Joint Commission medical staff standard working draft under review, 1429
– No threat to general hospitals' finances or care for low-income patients, study finds competition for staff leads to adaptation, 570

SREs (SERIOUS REPORTABLE ERRORS)

See MEDICAL ERRORS

STAFF PRIVILEGES

– Adverse impact on OB/GYN services in area, dismissal of physician's antitrust and damages claims affirmed (5th Cir.), 935; rehearing denied and standard of proof issue clarified, 1179
– African-American orthopedic surgeon's defamation and bias claims for summary suspension properly dismissed (5th Cir.), 670
– Asian-American doctor fails to prove bias in denial (N.D. Ohio), 101
– Attention deficit hyperactivity disorder, emergency room doctor can proceed to trial with ADA and Rehabilitation Act claims (W.D. Pa.), 490
– Bad references, physician's claim that hospital damaged his chances by disclosing prank to prospective employer dismissed (7th Cir.), 1026
– Balance of power shifting in hospital-medical staff relationships, BNA Analysis & Perspective, 608
– Burden of proof, hospital peer review committee erred in ruling anesthesiologist had to prove she did not mishandle controlled substances (Cal. Ct. App.), 844
– Cal. anti-SLAPP law, peer review body's suspension of privileges “official proceeding,” to avoid dismissal cardiologist must show likelihood of success on merits (Cal. Ct. App.), 340
– Colo., monopolization claims of nephrologist denied staff privileges after hospital recruited another physician as exclusive provider rejected (10th Cir.), 1323
– “Consulting,” radiologist whose title changed entitled to injunction requiring reinstatement due to lack of formal peer review investigation (Mont.), 33
– Credentialing process, assessing medical malpractice claims crucial, attorneys say, 789
– Dental surgeon's civil rights claims for denial of full medical staff membership properly rejected (10th Cir.), 372; (U.S., rev sought), 1087; (rev den), 1337
– Doctor's tortious interference claim may proceed due to question of whether hospital followed own bylaws in summary suspension after adverse patient incident (D.D.C.), 1338
– Economic credentialing policy to deny privileges to physicians who hold ownership interests in competing hospitals enjoined (Ark. Cir. Ct.), 296
– EMTALA, doctor whose privileges were allegedly suspended due to refusal to authorize patient transfer may press retaliation claims (E.D. Mich.), 406
– Ga., routine credentialing information not privileged under state law (Ga.), 804
– HCQIA immunity

See HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)

– Hearing available to physician despite his failure to cooperate, hearing officer lacked authority to dismiss appeal (Cal.), 470
– Negligent credentialing

– – Bankruptcy precludes suit against physician, claims against hospital allowed to proceed (Ohio), 1180
– – Claim reinstated, no immunity for hospital that granted privileges to physician with alcohol abuse problem (Idaho), 949

– Neurosurgeons resigned voluntarily, claims hospital forced them to leave dismissed (D. Wyo.), 637
– N.C. hospital that suspended physician may not be sued under federal civil rights law because it was not operating “under color of state law” (4th Cir.), 946
– Osteopathic physician privileges delayed, hospital may be liable under state law (E.D. Wis.), 298
– Peer review issues

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– Refusal to attend hearing doomed doctor's suit seeking reinstatement (N.J. Super. Ct. App. Div.), 1088
– Renewal for less than full term did not breach contract (Me.), 1258
– Retaliatory firing claim survives motion to dismiss whistleblower suit (S.D. Ohio), 791
– Suspension for failure to designated acceptable “covering” physician without notice improper, reinstatement ordered (Cal. Ct. App.), 1053

STANDING

– Antitrust, dialysis services company has shown injury to competition and consumers, may amend complaint to cure pleading deficiencies (D. Colo.), 1165
– Ariz. Chiropractic Society has associational standing and provider has derivative standing to sue for payments allegedly denied or deferred (D. Ariz.), 597
– CON, individuals who received unauthorized cardiac treatments may not bring claim alleging violations (S.C.), 753
– Corporate practice of medicine, organization of emergency room doctors may not challenge TeamHealth contracts (Tex. App.), 169
– Direct buyers of drugs may raise antitrust claims in cases involving patents declared unenforceable due to inequitable conduct (2d Cir.), 1394
– EMTALA claims of estate of woman murdered by husband 10 days after he was discharged following psychotic episode reinstated (6th Cir.), 468; en banc hearing denied, 984; (U.S., rev sought), 1478
– ERISA

– – Assignment of benefits, provider entitled to seek plan documents (E.D. La.), 132
– – “Associational” standing, Am. Dental Ass'n may pursue claims on behalf of members challenging reimbursement (S.D. Fla.), 157
– – Removal to federal court unwarranted, attorneys' fees award affirmed (6th Cir.), 28

– Hospital misuse of charitable assets alleged, relative of donors cannot enforce terms of bequest (N.D.N.Y.), 110
– Medi-Cal providers have standing under Medicaid Act to challenge fee cuts (U.S., rev sought), 499; (rev den), 841; reimbursement rates may not be cut and preliminary injunction made retroactive (9th Cir.), 943; injunction upheld, 1085
– MSP qui tam suits

– – No specific injury, private individual cannot recover Medicare funds his insurers may have improperly retained (2d Cir.), 1054
– – “Utterly frivolous,” sanctions imposed (U.S., rev den), 136

– Premature infant drug monopolization by pharmaceutical companies alleged, copy of assignment from direct purchaser belatedly submitted sufficient (D. Minn.), 1433
– Records of state disciplinary action leading to voluntary surrender of medical license, physician may not assert privilege (Neb.), 1148
– Spouse cannot sue health insurer for fraud for allegedly misrepresenting terms of policy (Cal. Ct. App.), 526
– Wash. rule requires pharmacies to fill all prescriptions including for emergency contraception, store operator and individual pharmacists may bring suit (9th Cir.), 952; panel rehearing granted but en banc denied, 1481
– W.Va., Medicaid-eligible children may sue managed care program (S.D.W. Va.), 699

STARK LAWS

See SELF-REFERRALS

STATE AND LOCAL GOVERNMENT

– Abortion issues

See ABORTION

– Ambulance services

See generally AMBULANCE SERVICES

– Cal. statutory price drug ceilings, class certification rejected in county's overcharging suit against companies (N.D. Cal.), 686
– Enforcement of HIPAA privacy and security rules, 215
– Ephedrine or pseudoephedrine in OTC drugs, dismissal of Ark. counties' suit to hold drugmakers liable for effects of methamphetamine addiction affirmed (8th Cir.), 55
– Medicaid

See MEDICAID

– N.C. hospital that suspended physician may not be sued under federal civil rights law because it was not operating “under color of state law” (4th Cir.), 946
– Public disclosure, state and local administrative audits do not bar FCA jurisdiction (U.S., rev grant), 826
– Public hospitals

See PUBLIC HOSPITALS

– Retail health clinics, state efforts to regulate industry slow, 485
– San Francisco fair share laws

See ERISA

– Sovereign immunity

See SOVEREIGN IMMUNITY

STATE AND LOCAL GOVERNMENT EMPLOYEES

– New York City opposes HIP Health Plan merger alleging public employee health insurance market monopoly, city required to produce documents on decisionmaking process (S.D.N.Y.), 653
– Subrogation, state health insurance plan may recoup medical care costs from third-party recovery (Ariz. Ct. App.), 1171

STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)

– Deferred prosecution agreement, Wellcare, In Brief, 593
– H1N1 influenza, HHS secretary may exempt hospitals from certain federal requirements in event of national health emergency, 1450
– House Republicans outline proposals, 58
– Reauthorization

See LEGISLATION, FEDERAL, HR 2

– Senate Fin. Comm. approves amendment to keep enrollees in program rather than move them to health insurance exchange, 1327
– State allotments proposed rule, In Brief, 1225

STATUTES OF LIMITATIONS

– FCA, when U.S. fails to intervene deadline is not extended and equitable tolling does not apply (U.S., rev den), 827
– Indiana

– – 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
– – Illness does not extend time to file malpractice claim against doctor who failed to diagnose tumor (Ind. Ct. App.), 194

– La., clinic's claim for Medicaid reimbursement time-barred (M.D. La.), 1306
– New York

– – 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

– Pa., doctor-patient privilege breach not governed by shorter time period for privacy tort (Pa.), 286
– RICO, time was not tolled where insurers failed to exercise due diligence in pursuing claims against alleged health care provider billing fraud (E.D.N.Y.), 1365
– Securities fraud, Merck & Co. investors' suit alleging Vioxx misrepresentations reinstated due to question about “inquiry notice” time limitation (U.S., rev grant), 707; Solicitor Gen. files amicus brief, 1483
– Sex discrimination, doctor's claim untimely because conduct allegedly occurred more than 300 days before she filed Equal Employment Opportunity Comm'n complaint (D.D.C.), 1338
– Sherman Act claims of internet pharmacy against PBMs time-barred (U.S., rev den), 1465
– Tenn. parents of deceased infant may pursue wrongful death claims, father's motion to substitute erroneously denied (Tenn. Ct. App.), 848
– Texas

– – Bankruptcy code preempts state law (Tex. App.), 1506
– – Pre-suit notice service stops running of time even if medical authorization form is not included (Tex. App.), 1183
– – Retaliation claim by former hospital employee time-barred (S.D. Tex.), 182

– Va., ERISA penalties time-barred (W.D. Va.), 30

STATUTES OF REPOSE

– Ga., no bar to action based on subsequent negligent acts (Ga.), 260
– Ill., lawsuit alleging Pap smears misread over multiple years not barred (N.D. Ill.), 225

SUBPOENAS

– Annual report disclosures

See generally SECURITIES

– Denied, submission of documentary evidence sufficient, denial of reimbursement for out-of-plan surgery upheld (U.S., rev den), 1374
– FDA, expansion of authority proposed

See LEGISLATION, FEDERAL, S 882

– Mental health records disclosed during discovery in divorce case, claim reinstated (Ill. App. Ct.), 1448
– Morbidity and mortality evidence studies may not be obtained by parents of infants who died in open-heart surgery using technique in which body is cooled (E.D. Pa.), 705
– Psychologist-patient privilege, subpoena to investigate billing practices quashed due to lack of consent by patient (Mich. Ct. App.), 339
– Records of state disciplinary action leading to voluntary surrender of medical license, physician lacks standing to assert privilege (Neb.), 1148

SUBROGATION

– Ariz., state health insurance plan may recoup medical care costs from third-party recovery (Ariz. Ct. App.), 1171
– Colo., new liens for medical assistance law codifies practice, 559
– Credit for copayments, challenge to health plan lien on third-party settlement rejected due to failure to exhaust administrative remedies (N.D. Cal.), 1212
– Ky. law preempted by ERISA, insurer may recover payments without intervening in earlier litigation (W.D. Ky.), 292
– Me., hospital may recover balance of charges from employer under Workers' Compensation law after Longshore Act liability has been satisfied (Me.), 1126
– “Make whole” doctrine, trial needed to determine whether health plan participant who received payment from her underinsured motorist policy must reimburse plan (D. Or.), 402
– Medicare entitled to reimbursement from insurance settlement (8th Cir.), 166
– Mont. regulators reasonably restricted insurer from excluding coverage for injuries covered by auto or premises liability insurance policies (Mont.), 1335
– N.H., suit alleging state agency violates anti-lien provision of Medicaid Act by seeking more than fair share of malpractice settlement allowed to proceed (D.N.H.), 700
– N.C., recovery of state's Medicaid expenses from malpractice award upheld (U.S., rev den), 801

SUBSTANCE ABUSE

– Behavioral health insurance plan does not cover nonemergency residential treatment for drug and alcohol abuse at a noncontracted center (9th Cir.), 1049
– Burden of proof, hospital peer review committee erred in ruling anesthesiologist had to prove she did not mishandle controlled substances (Cal. Ct. App.), 844
– Dextromethorphan

See LEGISLATION, FEDERAL, HR 1259

– Doctor shopping reporting law signed by Tenn. governor, 535; doctor shopping guide released, 883
– Driving under influence arrests, nexus sufficient to allow disciplinary action for physician's off-duty conduct (Cal. Ct. App.), 1175
– Ephedrine or pseudoephedrine in OTC drugs, dismissal of Ark. counties' suit to hold drugmakers liable for effects of methamphetamine addiction affirmed (8th Cir.), 55
– False drug screen results for newborn, hospital may not be immune under state child abuse reporting law due to alleged failure to correct error quickly (N.D. Ind.), 39
– Marijuana, medicinal use

See MARIJUANA, MEDICINAL USE

– Negligent credentialing claim reinstated, no immunity for hospital that granted privileges to physician with alcohol abuse problem (Idaho), 949
– Part D copayment subsidy for needy patients by state board would not merit penalties, advisory opinion, 1109
– Participation in 12-step program, medical license suspension precludes constitutional claims related to board requirement (U.S., rev den), 841
– Plan administrator abused discretion when it relied solely on peer reviews in denying anesthesiologist's claim for partial disability benefits (W.D. Mich.), 133
– Privacy rights, VA doctor did not violate by revealing employee's HIV status and marijuana use to union representative (U.S., rev den), 132
– Vt., license suspension for over-prescribing narcotics affirmed (Vt.), 1502
– Workers' compensation, independent medical examination physician liable for failure to diagnose spinal cord injury of patient who died of prescription drug overdose (Ariz. Ct. App.), 567

SUICIDE

– Doctor-assisted

See ASSISTED SUICIDE

SUPPLEMENTAL COVERAGE

See MEDIGAP

SUPREME COURT, U.S.

– ADA, threats to kill coworkers alleged, anesthesiologist fails to show firing was pretext for unlawful discrimination (rev sought), 1468
– Bribery and fraud convictions of former HealthSouth official and former Ala. governor challenged, 2 cases (rev sought), 1110
– DSHs

– – Calculation, low-income population excluded retroactively, HHS authority affirmed (rev sought), 35; (rev den), 299
– – Hospitals participating in Ohio charity care program are ineligible for funding (rev den), 466

– Due process

– – Dental surgeon's civil rights claims for denial of full medical staff membership properly rejected (rev sought), 1087; (rev den), 1337
– – Retaliatory firing suit of physician who reported alleged EMTALA violations dismissed (rev sought), 1089; (rev den), 1340

– Eleventh Amendment waiver of immunity claimed, retaliatory firing suit of physician who reported alleged violations dismissed (rev sought), 1089; (rev den), 1340
– EMTALA

– – Ambulance patient allegedly turned away by hospital may sue (rev den), 68
– – Waiver of immunity claimed, retaliatory firing suit of physician who reported alleged violations dismissed (rev sought), 1089; (rev den), 1340
– – Woman murdered by husband 10 days after he was discharged following psychotic episode, estate's claims reinstated (rev sought), 1478

– ERISA

– – Arbitration clause enforceable in benefits denial case despite violations (rev den), 1361
– – Plan internal guidelines cited as reason for speech therapy coverage denial must be disclosed (rev den), 1334

– Exclusion of key expert causation proof submitted months after judge's deadline upheld (rev sought), 919
– Fair share laws, San Francisco restaurant group seeks emergency stay to block collection of health care payments required by ordinance (application filed), 399; (application for stay denied), 433; (rev sought), 761; city opposes review (brief filed), 1144; Solicitor General brief sought (order), 1332
– False claims

– – Public disclosure, state and local administrative audits do not bar FCA jurisdiction (rev grant), 826
– – Qui tam action appeals, 30-day filing notice applies when U.S. does not intervene in FCA suit (judg aff), 757
– – Statute of limitations, when U.S. fails to intervene deadline is not extended and equitable tolling does not apply (rev den), 827
– – Unaudited cost reports material in determining amount hospital management company officials ordered to pay (rev den), 282

– Federal Arbitration Act

– – Ill. law barring pre-suit waiver of trial rights is not preempted, nursing home clause unenforceable (rev den), 721
– – Modification of doctors' award against hospital for allegedly interfering with their medical practices denied (rev sought), 721; (rev den), 1323

– Federal Employees Health Benefits Act, state law claims not completely preempted and federal officer removal statute may not allow carriers to remove cases to federal court (rev grant), 1369
– HCQIA immunity

– – Cardio-thoracic surgeon suspended prior to hearing, hospital immunity upheld (rev sought), 1478
– – Jury award against hospital and individuals who participated in peer review of cardiologist reversed (rev den), 138
– – Sexual abuse allegations, claim for suspension of privileges during investigation properly dismissed (rev sought), 984; (rev den), 1341
– – State peer review privilege invoked by medical school director who refused to provide information to another hospital does not violate supremacy clause of constitution (rev sought), 1341

– Medicaid

– – Providers have standing to challenge Medi-Cal fee cuts (rev sought), 499; (rev den), 841
– – Recovery of state's expenses from malpractice award upheld (rev den), 801

– Medical license suspension precludes constitutional claims related to board requirement to participate in 12-step program (rev den), 841
– Medicare

– – Prior qualifying hospital stay requirement, beneficiary who did not spend 3 days in hospital did not qualify for SNF services (rev sought), 803; (rev den), 874
– – Subpoenas denied M+C plan enrollee, submission of documentary evidence sufficient, denial of reimbursement for out-of-plan surgery upheld (rev den), 1374

– MSP qui tam suits “utterly frivolous,” definition of “bad faith” in applying sanctions appealed (rev den), 136
– NLRB, authority of two-member rulings (rev sought), 1301
– Nonprofit status, Vision Service Plan not entitled to tax exemption (rev den), 71
– Patents, Cipro settlement did not illegally restrain trade (rev den), 823
– Prescription records, N.H. law banning data mining upheld (rev sought), 431; (rev den), 869
– Price-fixing, FTC finding against North Tex. Specialty Physicians upheld (rev den), 243
– Privacy rights, VA doctor did not violate by revealing employee's HIV status and marijuana use to union representative (rev den), 132
– RICO, explanation of benefits allegedly fraudulent, dismissal of claim affirmed (rev sought), 1021; (rev den), 1333
– Securities fraud statute of limitations, Merck & Co. investors' suit alleging Vioxx misrepresentations reinstated due to question about “inquiry notice” time limitation (rev grant), 707; Solicitor Gen. files amicus brief, 1483
– Sherman Act claims of internet pharmacy against PBMs barred by statute of limitations (rev den), 1465
– Sotomayor rulings in health care cases give attorneys little idea of what to expect, 688

SURGICAL SERVICES

– ADEA, Alaska hospital settlement of suit alleging bias in layoff and rehiring of surgery aides and anesthesia technicians during operating room restructuring approved (D. Alaska), 755
– AIDS discrimination, Tex. surgeon agrees to training in order to treat patients with HIV in settlement of HHS civil rights case (HHS OCR), 1393
– Boston neurosurgeon awarded $1.6M by jury in retaliation and hostile environment suit (D. Mass.), 243
– Cardio-thoracic surgeon suspended prior to HCQIA hearing, hospital immunity upheld (4th Cir.), 500; (U.S., rev sought), 1478
– Constitutional challenge to HCQIA immunity dismissed (M.D. Fla.), 603
– Cosmetic surgery license limitations, injunctive relief denied to physician who claims P.R. suspension based on arbitrary restriction (1st Cir.), 1022
– Defamation

– – African-American orthopedic surgeon's bias and tort claims for summary suspension properly dismissed (5th Cir.), 670
– – Qualified privilege attached to physician's statements to family of patient who died following surgery by another doctor (N.D.), 879

– Kyphoplasty

– – Ala. and Ind. hospitals agree to pay to settle FCA allegations (W.D.N.Y.), In Brief, 1297
– – Overcharging alleged, Minn. hospitals agrees to pay to settle FCA claims, In Brief, 688

– Laser tattoo removal, objection to nonphysician expert report waived because not timely (Tex. App.), 228
– Neurosurgeons resigned voluntarily, claims hospital forced them to leave dismissed (D. Wyo.), 637
– Nurse debilitated after neurosurgeon used contraindicated dye awarded $38M by jury (Fla. Cir. Ct.), 410
– Object left behind during surgery, Ky. abandons per se liability theory in favor of res ipsa loquitur (Ky.), 566; rehearing denied, 1182
– Open-heart surgery utilizing technique in which body is cooled, parents of infants who died may not subpoena morbidity and mortality evidence studies (E.D. Pa.), 705
– Pregnancy discrimination by oral and maxillofacial surgery practice, jury should consider punitive damages (8th Cir.), 1166
– Res ipsa loquitur, malpractice claims against surgeon after scalpel blade left inside patient during knee surgery do not require expert testimony (Wash. Ct. App.), 1264
– Unnecessary surgery led to death, revocation of surgeon's medical license affirmed, witness bias claim fails (Tex. App.), 404

SWINE FLU

See H1N1 VIRUS