Health Law Reporter Index-Summary

TAKEOVERS

TAKING

– Me., free care laws constitutional (1st Cir.), 1092

TAXATION

– Cal., tax to pay for expanded mental health services funding upheld (Cal. Ct. App.), 1415
– Clinic must satisfy IRS levy to recover taxes owed by physician (S.D. Miss.), 377
– Connecticut

– – Property tax, majority of SNF facility is not exempt because not dedicated exclusively to long-term care for elderly (Conn.), 411
– – State tax costs, mandamus petition filed by 27 hospitals seeking to reopen cost reports dismissed due to failure to exhaust administrative remedies (D.D.C.), 348

– Employer-sponsored health benefits, witnesses urge House panel not to cap or eliminate exclusion, 593
– FICA taxes, medical residents' stipends

See GRADUATE MEDICAL EDUCATION (GME)

– Form 990

– – Filing tips released by IRS, 1096
– – Recent corporate governance developments, BNA Analysis & Perspective, 776
– – Reporting compensation issues, IRS official answers health practitioners' questions, 572
– – Uncertainties remain as deadline approaches, 673

– Fresh Start Basis Rule applied to conversion to for-profit entity, La. BCBS may be entitled to refund of some income taxes (M.D. La.), 956
– Good governance and tax compliance, IRS link

See generally CORPORATE GOVERNANCE

– Health care reform

– – Adjustments to current tax exemption standards

See LEGISLATION, FEDERAL, S 1796

– – Excise tax on insurance could provide funding, 1111; Senate Republicans plan to eliminate provision, 1250
– – New tax code section likely outcome of Senate Fin. Comm. bill, aides tell AHLA group, 1378
– – Penalty excise tax on individuals survives, 1298; amendment would reduce penalty, 1327
– – Pres. Obama concerned about taxing benefits and limiting deductions, Sebelius says, 866; Obama says he opposes taxing benefits, 905

– Ill., charity care, oral arguments on tax exemption for Catholic hospital (Ill.), 1310
– Medicaid, health care-related taxes, enforcement delay on hold harmless provision sought, In Brief, 601; delayed until 2010, 873
– Medical expenses deductions for seniors unchanged but higher threshold for others in amendment to health care reform bill, 1327
– Minn. property tax assessment, nonprofit management affiliate of exempt health care system not exempt for property it owns or leases for use as medical clinic (Minn.), 1095
– Ohio

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

– Outlook 2009, top health law issues, 5
– Payroll taxes collected but not paid, former hospital CEO ordered to pay $1.9M (M.D. Fla.), 1095
– Tax-exempt bonds

See BONDS

– Taxing authority, county hospital district immune from suit by city hospital seeking to recover cost of treating indigent patients (Tex.), 606
– Tenn., annual nursing home bed tax extended, 908
– Wash., payments imaging service passed through to radiologists in another firm not taxable (Wash. Ct. App.), 1312
– Work product privilege exception, general counsel must produce tax accrual work papers in response to IRS administrative summons, en banc decision (1st Cir.), 1163

TEACHING HOSPITALS

– Community benefits standard revision being considered by IRS would exempt research and teaching facilities, 810
– FICA taxes

See GRADUATE MEDICAL EDUCATION (GME)

– House lawmakers urge president to cancel payment cuts, 689
– Johns Hopkins Bayview Medical Center agrees to pay to settle false claims allegations (D. Md.), In Brief, 903
– PATH

See PHYSICIANS AT TEACHING HOSPITALS (PATH)

– Public hospital doctors can be sued for malpractice (Tex. App.), 37; opinion revised, 344
– State peer review privilege invoked by medical school director who refused to provide information to another hospital does not violate supremacy clause of constitution (11th Cir.), 703; (U.S., rev sought), 1341
– Univ. of Ill. Med. Center, 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
– Univ. of Nev., suspension of staff privileges without notice violated due process (D. Nev.), 564
– Univ. of So. Cal. agrees to buy 2 Tenet hospitals, 229
– Weill Med. College of Cornell Univ., whistleblower's challenge to settlement of FCA suit alleging fraud in connection with research funds fails (S.D.N.Y.), 329
– Yale-New Haven Hospital agrees to pay to settle allegations of medically unnecessary hospital admissions for radiation treatment patients, 903

TELEMEDICINE

– Legal issues considered, 241
– Or., governor signs law requiring coverage by health plans, 835
– Wash., governor signs new law allowing reimbursement for home health services, 662

TEMPORARY EMPLOYEES

– Sexual harassment claim basis for agency's cancellation of OB/GYN's assignment, tortious interference claim against hospital may proceed (D. Me.), 1091

TENNESSEE

– Arbitration

– – Agreement with nursing home unenforceable due to failure to show daughter held power of attorney (Tenn. Ct. App.), 823
– – Failure to read, provision enforceable absent misrepresentation by nursing home (Tenn. Ct. App.), 1077
– – Nursing home neglect, panel awards $2.8M (Tenn. Cir. Ct.), 1220

– Baby misidentification, hospital not liable in actions for emotional distress and other claims, 2 cases (Tenn. Ct. App.), 168
– Collateral estoppel does not bar claims of medical malpractice plaintiff against state and resident physician (Tenn.), 1343
– Corporate integrity agreement documents not protected from public disclosure under state law (Tenn. Ct. App.), 758
– Corporate liability doctrine does not apply to hospital's alleged failure to follow policy requiring physicians to examine every emergency room patient (Tenn. Ct. App.), 36
– Discovery of existence and extent of liability insurance coverage not allowed (Tenn.), 167
– Doctor shopping and malpractice insurers reporting laws signed by governor, 535; doctor shopping guide released, 883
– DSH calculation, low-income population excluded retroactively, HHS authority affirmed (U.S., rev sought), 35; (rev den), 299
– ERISA, physician's breach claims against former practice group including premature cancellation of health coverage not preempted, remanded to state court (W.D. Tenn.), 803
– Exclusion of some chiropractors from managed care organization panel did not violate state HMO law (Tenn. Ct. App.), 435
– Foreign nurse employment agreement not unconscionable (Tenn. Ct. App.), 1168
– HCQIA immunity, doctor fails to rebut defense by public hospital, First Amendment claim fails (E.D. Tenn.), 529
– Health law changes signed by governor, 808
– Independent medical examination in personal injury case implies physician-patient relationship, expert testimony required (Tenn. Ct. App.), 951
– Insurers must disclose changes in provider manuals and establish Internet-based preadjudication tool, new law signed, 808
– Mammogram reading error, jury award to woman with incurable breast cancer upheld (Tenn. Ct. App.), 1125
– Medical records requested by parents, state law claim that hospital failed to turn over complete record may proceed (W.D. Tenn.), 1086
– Noncompete clauses, recent statute offers “middle ground,” attorney criticizes more restrictive clauses, 195
– Nursing homes

– – Annual bed tax extended, 908
– – Arbitration

See Arbitration, this heading

– – CONs moratorium signed by governor, 908
– – Duty of care includes both skilled and custodial services, negligence and medical malpractice claims allowed (Tenn. Ct. App.), 302

– Optician fired for insubordination after repeatedly complaining about allegedly illegal store practices may proceed with wrongful discharge claim (E.D. Tenn.), 1295
– Parents of deceased infant may pursue wrongful death claims although mother did not list claims in bankruptcy and father's motion to substitute based on statute of limitations was erroneously denied (Tenn. Ct. App.), 848
– Peer review privilege

– – Discovery of records from nurse's infectious disease investigation allowed (Tenn. Ct. App.), 69
– – Immunity defense available to hospitals for credentialing decisions made by committee (Tenn. Ct. App.), 565

– Physician who submitted standard of care testimony may not represent plaintiffs as attorney (Tenn. Ct. App.), 533
– PPO discount disclosure law signed by governor, 908
– Recovery of erroneous payments made by insurers

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

– Religious discrimination, Nashville hospital agrees to pay to settle claims of failure to accommodate technician's request for leave to make pilgrimage to Mecca (M.D. Tenn.), 590
– Staff privileges revocation, hospital immune from damages under HCQIA and state peer review law (Tenn. Ct. App.), 1476
– TennCare

– – Early periodic screening, diagnosis, and treatment of Medicaid-eligible children, injunction requiring state officials to provide remains in force (M.D. Tenn.), 1305
– – Home- or community-based care for disabled, settlement agreement modified by ruling that states are not required to provide certain levels of service (6th Cir.), 359
– – Kindred Healthcare agrees to pay to settle pharmaceuticals overbilling charges (E.D. Tenn.), In Brief, 793
– – New law authorizes home health nurses and aides to accompany patient outside of home during services, 908
– – Restrictions on eligibility determinations lifted (M.D. Tenn.), 100

TENTH AMENDMENT

– HCQIA immunity, constitutional challenge dismissed (M.D. Fla.), 603

TERMINATIONS

See EXCLUSIONS AND TERMINATIONS

TESTIMONY AND WITNESSES

– Experts

See EXPERT WITNESSES

TESTS AND SCREENING

– Autism, N.J. governor signs screening coverage law, 1172
– Cardiac scanner testing volunteer owed no duty of due care by staff radiologist who exceeded obligation by warning of danger (Ill. App. Ct.), 262
– Early hearing detection and intervention

See LEGISLATION, FEDERAL, HR 1246

– EMTALA issues

See PATIENT DUMPING

– 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
– GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– Interoperability of electronic health records systems tests, In Brief, 1225
– Minn., genetic privacy law allegedly violated by collecting and storing newborn blood and DNA without parental consent (Minn. Dist. Ct.), 367
– Patient assistance program, nonprofit group can help needy patients pay cost-sharing amounts for advanced diagnostic testing without risking penalties, advisory opinion, 686
– Quest Diagnostics

– – Improper billing claims, class certification denied (D.N.J.), 211
– – Misbranding charges settlement, In Brief, 519

– Sleep lab owners agree to pay to settle FCA allegations, 58
– Tenn., early periodic screening, diagnosis, and treatment of Medicaid-eligible children, injunction requiring state officials to provide remains in force (M.D. Tenn.), 1305

TEXAS

– 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
– ALFs, state law prohibits using staff members to provide nursing services to residents (Tex. Atty. Gen. Opinion), 1446
– Antitrust

– – Large Houston hospital system agrees to pay to settle state allegations (Tex. Dist. Ct.), 123
– – Pain management specialist cannot show proof of monopoly where health care network refused to add him to radiologists list (Tex. App.), 824
– – Price-fixing, FTC finding against North Tex. Specialty Physicians upheld (U.S., rev den), 243

– Bankruptcy, trustee may pursue unlisted malpractice claim after discharge (Tex. App.), 1506
– Corporate practice of medicine

– – Business services agreements between orthodontists and Orthodontic Centers of Am. are illegal and unenforceable (5th Cir.), 42
– – Emergency room doctors organization may not challenge TeamHealth contracts (Tex. App.), 169
– – No private cause of action, dismissal of suit by emergency room doctors against hospital system upheld (Tex. App.), 1031

– County hospital district immune from suit by city hospital seeking to recover cost of treating indigent patients (Tex.), 606
– EMTALA, federal rules preempt state law on evaluating expert testimony (S.D. Tex.), 40
– Ex parte contact with plaintiff's nonparty physicians may not be barred, no HIPAA preemption (Tex.), 805
– Expert reports to establish standard of care

– – Causation expertise of physician not shown, approval reversed (Tex. App.), 264
– – Chiropractor not qualified to give opinion on causation in suit against chiropractor (Tex. App.), 193
– – Defendant can appeal refusal to dismiss after plaintiff nonsuits case before trial (Tex.), 950
– – Early service of report prior to filing suit does not comply with law (Tex. App.), 227
– – Fall due to bed side rails left down, suit against state-owned hospital requires expert report (Tex. App.), 534
– – Hospital bed defect alleged cause of injury, suit is premises liability claim not health care action, expert report not required (Tex.), 1181
– – Inadequacy defense fails, trial court ruling that report met statute affirmed (Tex. App.), 264
– – Interlocutory review of extension allowed (Tex.), 70
– – Knee replacement surgery, radiologist not qualified as expert on orthopedic standard of care (Tex. App.), 1182
– – Laser leg hair removal is not health care, no expert report needed (Tex. App.), 409
– – Licensed professional counselor is health care provider and service of report is required (Tex. App.), 1230
– – Mandamus not appropriate for 30-day grace period to amend (Tex.), 138
– – Marfan Syndrome patient's request for specific physician, doctor with hospital admissions experience qualified to give opinion (Tex. App.), 1150
– – Nursing home allegedly neglected patient's basic need for food and water, expert report needed (Tex. App.), 605
– – Objection to nonphysician expert on laser surgery waived because not timely (Tex. App.), 228
– – Orthopedic surgeon need not have done exact procedure to qualify (Tex. App.), 532
– – Qualifications of expert challenge fails and causation section adequate (Tex. App.), 1062
– – Sanction motion for failure to file report survives nonsuit order (Tex.), 672
– – Service difficulties do not alter 120-day period, dismissal ordered (Tex. App.), 1061
– – Sexual assault by one patient against another at adult day care program, report required (Tex. App.), 1411
– – Standard of care for physician and physician's assistant must be separately stated (Tex. App.), 502
– – Vicarious liability of medical group, no report required for professional association sued as employer (Tex. App.), 503

– HCQIA immunity, jury award against hospital and individuals who participated in peer review of cardiologist reversed (U.S., rev den), 138
– Houston hospital settles outlier payments charges, 428
– 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
– Medicaid

– – Access to care, case seeking to raise reimbursement rates for rural providers fails (5th Cir.), 359
– – AIDS discrimination, Tex. surgeon agrees to training in order to treat patients with HIV in settlement of HHS civil rights case (HHS OCR), 1393
– – Overcharging due to improper drug price reports, Alpha Therapeutic Corp. agrees to pay to settle charges (Tex. Dist. Ct.), 1111
– – Risperdal, state attorney general files amended complaint in qui tam suit against makers alleging misrepresentations to state (Tex. Dist. Ct.), 25

– Medical records copying fees allowed (Tex. App.), 1184
– Medical resident at Univ. of Tex. Science Center a state employee, tort suit for removal of testicle dismissed (Tex. App.), 441
– New trial order, judge must state reason (Tex.), 950
– Nursing homes

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

– Penalty for failure to settle applies only to insurer, cap applies to physician (Tex.), 343
– Physician ranking, BCBS plan agrees to stop using cost-based doctor rating system under deal with state attorney general (Tex. Dist. Ct.), 496
– Public hospital doctors can be sued for malpractice (Tex. App.), 37; opinion revised, 344
– Statutes of limitations

– – 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

– Student health plans, Aetna agrees to pay to resolve state investigation into failure to pay out-of-network claims (Tex. Dist. Ct.), 190
– Unnecessary surgery led to death, revocation of surgeon's medical license affirmed, witness bias claim fails (Tex. App.), 404
– Vicarious liability, hospital not liable for malpractice by on-call otolarynologist (Tex. App.), 671

THERAPY SERVICES

See also PHYSICAL THERAPY; REHABILITATION SERVICES
– Speech, internal guidelines cited as reason for coverage denial must be disclosed, reversed due to administrator's violation of ERISA duty (7th Cir.), 335; (U.S., rev den), 1334

THIRTEENTH AMENDMENT

– Criminal prosecution of “indentured servant” immigrant nurses and their lawyer barred (N.Y. Sup. Ct.), 141

TOBACCO INDUSTRY

– FDA regulation

See LEGISLATION, FEDERAL, HR 1256

TORTS

– Baby misidentification, hospital not liable in actions for emotional distress and other claims, 2 cases (Tenn. Ct. App.), 168
– Defamation

– – Orthopedic surgeon's claim for summary suspension properly dismissed (5th Cir.), 670
– – Physician who reports alleged medical malfeasance to licensing board in good faith cannot be sued if report turns out to be false (Ariz. Ct. App.), 1184
– – Qualified privilege attached to physician's statements to family of patient who died following surgery by another doctor (N.D.), 879

– 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
– Emotional distress

– – “Effective communication” with deaf patients, damages awarded in suit against rheumatologist, appeal pending (N.J. Super. Ct. App. Div.), 1359
– – HIV misdiagnosis suit dismissed, physical danger required for negligence claim (D.C.), 1342
– – Hospital employee whose health records were accessed by fellow workers may not recover damages due to failure to prove emotional injury (Iowa), 702
– – Hour delay in completing delivery of dead baby, expert evidence not needed to prove negligence claims (Ill.), 1505
– – Intentional

– – – Fired nuclear medicine technologist's claim dismissed for lack of proof (D.D.C.), 91
– – – Hospital administrators accused of lying about events leading to death of man after restraint by police officers, claims may proceed (E.D. Va.), 1060

– – Outrage and negligent infliction claims against nurse who excluded woman from being with her dying life partner allowed (Wash. Ct. App.), 44

– EMTALA no basis for removal to federal court of state negligence suit (S.D. Miss.), 1449
– 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
– False imprisonment, indigent immigrant with $2M medical bill flown to Guatemala, new trial sought in wake of jury verdict for defendant hospital case (Fla. Cir. Ct.), 1093
– HCQIA immunity

See HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)

– Hospital bed defect alleged cause of injury, suit is premises liability claim not health care action, expert report not required (Tex.), 1181
– Libel claims against state officials by neurologist who successfully defended herself against Medicaid fraud claims may proceed (D. Utah), 1366
– Malicious prosecution and abuse of process claims against state health inspectors failed due to insufficient evidence, affirmed (7th Cir.), 258
– Negligent credentialing

– – Assessing medical malpractice claims crucial to staff privilege application process, attorneys say, 789
– – Bankruptcy precludes suit against physician, claims against hospital allowed to proceed (Ohio), 1180
– – Ga., routine credentialing information used by committee not privileged under state law (Ga.), 804
– – Idaho, no immunity for hospital that granted privileges to physician with alcohol abuse problem, claim reinstated (Idaho), 949

– Nursing home duty of care includes both skilled and custodial services, negligence claims allowed (Tenn. Ct. App.), 302
– Peer review immunity

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– Preservation of state law claims

See LEGISLATION, FEDERAL, HR 1346, S 540

– Privacy, claims that insurer negligently gave participant's address to ex-husband not preempted by ERISA (C.D. Cal.), 695
– Res ipsa loquitur

See CAUSATION

– Right of sepulcher, hospital liable for misplacing remains of couple's infant (D. Haw.), 166
– 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
– Sexual assault of 6-year-old patient by hospital employee, jury verdict against insurer affirmed (Ark.), 301
– Slander, Boston neurosurgeon gets nominal jury award (D. Mass.), 243
– Statutes of limitations

See STATUTES OF LIMITATIONS

– Statutes of repose

See STATUTES OF REPOSE

– Subrogation issues

See SUBROGATION

– Third party, hospital owed no duty of care to police officer injured in accident while responding to earlier incident involving collision caused by patient released while medicated (Mass.), 846
– Vicarious liability of hospitals

See HOSPITALS

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

TRADE SECRETS

– D.C., PBM price disclosure law preempted by ERISA (D.C. Cir.), 401
– Fla., Preferred Care Partners may pursue claims related to failed negotiations to purchase Humana Inc. (S.D. Fla.), 524
– Vt. signs law to eliminate exemption from expanded drug and device maker gift ban and disclosure, 775

TRADEMARKS

– Ratings of health care providers subject to protection, motion to dismiss infringement claim denied (D. Colo.), 917

TRANSLATORS

– HHS policy, review of agency guidance denied due to lack of “ripeness” (9th Cir.), 408

TRANSPLANTS

See ORGAN TRANSPLANTS

TRANSPORTATION SERVICES

– Alaska agency and HHS Civil Rights Off. sign equal access agreement to benefit disabled nursing home residents, 561
– Ambulances

See AMBULANCE SERVICES

– School-based services, rescission of controversial rules planned by CMS, 601; rescinded, 873
– SNFs

– – Complimentary local transportation for friends and families of residents not subject to penalties, advisory opinion, 362
– – Failure to fasten safety belts of wheelchair-bound residents riding in van, penalty upheld (4th Cir.), 1024

TREATMENT DECISIONS

– Assisted suicide

See ASSISTED SUICIDE

– Experimental treatments

See EXPERIMENTAL TREATMENTS

– Guardians of incompetent patient may not withhold life-saving treatments (Pa. Super. Ct.), 224
– Pain management

See PAIN MANAGEMENT

– Patient's right to refuse treatment does not justify battering emergency room personnel (Wis. Ct. App.), 774

TRICARE

– Hospitals must seek administrative remedies against managed care contractors before filing suit (3d Cir.), 1210
– Johns Hopkins Bayview Medical Center agrees to pay to settle false claims allegations (D. Md.), In Brief, 903
– Okla. orthopedic surgery providers agree to pay to settle fraud claims (W.D. Okla.), In Brief, 793

TRUST FUNDS

– Medicare Part A fund will be out of money in 2017, report says, 630

TRUSTS

– “Filed rate” doctrine bars fiduciary duty breach suit against AARP trust for approving insurance premium rates (S.D.N.Y.), 1443
– Hospital misuse of charitable assets alleged, relative of donors lacks standing to enforce terms of bequest (N.D.N.Y.), 110
– Medicaid benefits termination due to residuary trust, judicial review available because claims “remedial” (10th Cir.), 99
– Special needs trust income must be considered in determining Medicaid entitlement (2d Cir.), 870