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Vol. 15, Nos. 1- 39, pp. 1-2046 Jan. 7 - Oct. 21, 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
CALIFORNIA
Budget, signed revision includes $2 billion in health care cuts, 928
CalPERS
Anthem BCBS reimbursement, class action alleges regular payment denial for medically necessary services (Cal. Super. Ct.), 292; treatment approved in coverage reversal, 314
COBRA, lawmakers approve subsidy notification bill, 568 Demonstration projects, risk sharing to cut costs and improve outcomes, 503 E-prescriptions, pilot project, 387 Governor proposes coverage revision to cut costs, 72; final budget lacks provision to change agency administration, 267 HMO offering greater transparency sought, 160 Premiums, 2010 increase of 2.9 percent is lowest in years, 745 Electronic health records
CalRHIO exchange initiative, UnitedHealthcare supports, 653
Octuplets' mother, agency fines Kaiser hospital for information breach, 595; fine for second privacy violation, 867 State agency provides grants for Los Angeles County, 223
Balance billing, lawsuits expected to increase in light of recent rulings, 219
ERISA does not preempt state law requiring plans to reimburse providers for member care (Cal. Ct. App.), 593 Fraud, guilty plea entered by recruiter of healthy patients for unnecessary surgeries (Cal. Super. Ct.), 264 Grants, BS of Cal. Found. shifts money from health technology to universal coverage and safety net efforts, 108 Health insurance
Anti-assignment policy provision, no violation of state law (Cal. Ct. App.), 566
BCBS individual policy rescissions
Directed verdict for insurer (Cal. Super. Ct.), 663
Regulator enforcement action settled, 42 Claims processing, agency sets PacifiCare hearing, 721 Coverage mandates, lawmakers pass bills, 1102 Health Net rescissions, class action settled with agreement to reimburse policyholder medical costs (Cal. Super. Ct.), 190; hospitals' settlement, 650 Individual market
See Individual health insurance market, this heading
Managed care plans, emergency services balance billing banned (Cal.), 41; impact explored, BNA Analysis, 393 Market conduct charges, Anthem pays $1 million to settle, 189 Medical discount health plans, regulators to license, 713 Mental health, claims against BCBS over residential treatment coverage denial proceed (N.D. Cal.), 1029 Negligence, member claim against plan administrator over lung cancer treatment denial reinstated (Cal. Ct. App.), 498; right to independent medical review important to patients, 499 Notice, judge bars release of confusing second directive in class action against Anthem BC over individual policies rescissions (Cal. Super. Ct.), 131 Out-of-network care, denial proper where Medicare beneficiary did not prove medical necessity or superiority of surgery plan covered (9th Cir.), 261; subpoenas ruling by administrative law judge (U.S., rev sought), 1157; (rev den), 2020 San Francisco fair share ordinance requiring employer-paid health coverage
No ERISA preemption (9th Cir., en banc rev sought), 39; restaurant group seeks stay from Justice Kennedy as Circuit Justice (U.S., application filed), 342; (stay denied), 375; (U.S., rev sought), 704; (amicus brief filed), 825; (brief filed), 1023; Solicitor General Kagan invited to file briefs, 1185
Pay-or-play rules, employers adapting to ordinance, 629 Translation from English, rule require as necessary, 415 Underwriting and rescissions
Individual policies, state lawmakers pass bills, 1102; governor vetoes and signs bills, 2022
State agency issues proposed rule, 678
CalPERS, organization offering greater transparency sought, 160
Computer theft of private data, 30,000 Kaiser workers affected, 191 Credit for copayment discrepancy, plan beneficiary must exhaust administrative remedies before filing suit (N.D. Cal.), 1067 Data management, agreement with IBM cuts hundreds of Kaiser jobs, 352 Kaiser Permanente job cuts, 982 Physician reimbursement suit dismissed where capitation agreement with unlicensed firm was illegal and unenforceable (Cal. Ct. App.), 104
Emergency care
See Emergency services, this heading
Kidney transplant patients, Kaiser settles for $1 million, 494 Managed care plans, emergency services balance billing banned (Cal.), 41; impact explored, BNA Analysis, 393 Out-of-network care, Anthem BCBS sues over use of manipulated data to underpay (Cal. Super. Ct., C.D. Cal.), 921 Public plan option would cause financial losses, study, 867 Referral practices, facility sues Scripps Health (Cal. Super Ct.), 712 State law claims alleging insurer's claims processor intentionally interfered with contractual relations proceed (E.D. Cal.), 156
Application misrepresentations or omissions, proof needed before rescission, lawmakers approve bill, 1102; governor vetoes bill, 2022
Bills passed barring gender-based discrimination, 592 Post-claims underwriting fines, lawmakers approve bill, 1102; governor vetoes bill, 2022 Rescission prohibition once coverage in force for 2 years, lawmakers approve bill, 1102; governor signs bill, 2022 Several bills passed, 719 Suit filed to end higher premiums for women (Cal. Super. Ct.), 129 Medi-Cal
Balance billing of patients prevention, governor signs bill, 2023
Changes, several bills passed, 719 Cuts planned, 651; court blocks (9th Cir.), 824; injunction barring rate cuts again upheld, 975 Gross premiums tax on managed care plans, governor signs bill, 1132 Hospital reimbursement rates increase, governor signs bill, 2023 Managed care of beneficiaries, delegation of responsibility for payments to emergency service providers disallowed (Cal. Super. Ct.), 1070 Temporarily unemployed beneficiaries in working disabled program, governor signs benefits extension bill, 2023 Negligence, ERISA no bar to state claim against Aetna for releasing address to ex-husband who harassed insured (C.D. Cal.), 621 Network provider treatment denial, impact of ruling rejecting vicarious liability of plans discussed (Cal. Ct. App.), audio conference, 496 Nonemergency care, state agency issued revised rules for telephone triage, 801 Omnibus health care reform bills introduced, 295 Patient privacy statute, ambiguity examined, BNA Analysis, 751 Payment and review of provider claims by plan operators, attorney general opens investigation, 1069 Physician groups, FTC settles price fixing charges, 7 SCHIP, cuts planned, 651 Uninsured persons, San Francisco program has improved access, report, 1033 Workers' compensation insurance fund, Blue Cross network use for claims no violation of antitrust laws (Cal. App. Ct.), 1103
Affordable post-diagnosis insurance problematic, report, 164
Breast cancer education and patient care bills Exhaustion of remedies, Medicare law preempts patient's fraud and breach of contract claims against Humana (S.D. Fla.), 288 Leukemia, ERISA plan must pay for medically necessary bone marrow transplant where coverage denial was arbitrary (N.D. Ohio), 260; order to pay reversed and remanded (6th Cir.), 1063 Lung, negligence claim against plan administrator over treatment denial reinstated (Cal. Ct. App.), 498; right to independent medical review important to patients, 499 Medications orally administered, Cal. passes health insurance coverage mandate bill, 1102 Ovarian, class action alleges regular payment denial by Anthem BCBS for Avastin treatment drug (Cal. Super. Ct.), 292; approved in coverage reversal, 314
Cholesterol-lowering medications, state worker health plan sues Vytorin and Zetia makers alleging deceptive marketing practices (E.D. Pa.), 707
Full and fair review, BCBS of La. did not afford where new grounds were raised for denying benefits for bypass patient (5th Cir.), 379 Tex., new law requires coronary disease screening coverage, 744
Acting administrator, current CEO Frizzera, 61
GINA implementation, regulatory agenda, 589; interim final rules released, 1152 MHPAEA implementation, agency seeks public comment in advance of future rulemaking, 488; business groups seek clarification, 644; industry representatives cite enforcement concerns, 671; senators call for prompt release of rules, 943; HHS aims to issue rules by Jan. 2010, 1177 Subregulatory guidance, compliance risks defined and discussed, BNA Analysis, 77
Me. hospitals, constitutionality of state law requiring treatment upheld (1st Cir.), 951
N.J. funding, new law raises health insurance premium tax rates for one year, 828
See also PREGNANCY AND CHILDBIRTH
Affordable coverage options
See AUTISM
Developmental screenings for infants and toddlers, Del. governor signs mandated benefits bill, 1073 Gross premiums tax on Medi-Cal managed care plans, Cal. governor signs bill, 1132 Hearing aids
N.J. law mandates coverage, 43
Or. mandated benefit, In Brief, 803 Wis., new law also requires cochlear implants coverage, 653 Overweight infants, Rocky Mountain Health Plans of Grand Junction reverses policy of denying coverage, 2026 Reform, needs of older adults also critical, hearing, 699 SCHIP
Dental coverage requirements, CMS issues guidelines to states, 2018
Breach of PPO contract, claims proceed against insurer (S.D. Ill.), 347
Exclusion of providers from network upheld (Tenn. Ct. App.), 383 Fraud and abuse, $1.2 million payment for restitution in back pain billing scheme (N.D. Ga.), 348 State insurance laws violated, Mo. settlement, 1031
Demonstration projects
Care management, CMS ability to lead challenged by MedPAC, 305
Medicare disease management, limited impact of interventions, report, 33; AMA study confirms, 178 ESRD
Delivery system revision, care management and disease prevention key, BCBS guide, 506
Treatment and prevention key focus, stakeholders meeting, 432; White House Office for Health Reform Director DeParle optimistic, 432
Bonuses for insurance claim denials, senate bill to ban passed, 384
Cal., attorney general opens investigation into payment and review of provider claims by plan operators, 1069 Electronic billing requirement, savings expected under Minn. law, 866 Hospitals, state law claims alleging insurer's processor intentionally interfered with contractual relations proceed (E.D. Cal.), 156 HRAs, Medicare payment errors source, conference, 306 ICD-10 coding conversion
See CODING
Insurers' deceptive practices, Senate panel releases report on database creation, 768 Medicare Part A and B, CMS contractor provider satisfaction survey for 2009, 1096 PacifiCare, Cal. agency hearing set, 721 Payment delays
See PROMPT PAYMENT
Aetna underpricing to gain market share, securities suit alleging misrepresentation dismissed (E.D. Pa.), 742
Autism treatment, no ERISA breach of fiduciary duty claim against BCBS over therapy denial (E.D. Mich.), 312; certification denied, 413 AWP, settlements approved in suits against database publishers (D. Mass.), 345; chain drugstores to appeal, 531; court approves McKesson accord, 951; pharmacy interest groups lose appeal (1st Cir.), 1065 BCBS individual policy rescissions, judge bars release of confusing second directive in suit against Anthem BC (Cal. Super. Ct.), 131 Celebrex and Bextra safety, global settlement approved (N.D. Cal.), 380 Eating disorders, Horizon BCBS of N.J. settlement of coverage claims for dependents approved (D.N.J.), 494 ERISA, growing number of complex lawsuits raise certification issues, BNA audio conference, 1126 Health Net rescissions, suit settled with agreement to reimburse policyholder medical costs (Cal. Super. Ct.), 190; hospitals' settlement, 650 HMO underpayment for services alleged, sanction order vacated (3d Cir.), 1061 Hospitals charged uninsured unreasonable rates
Advocate Health Care agrees to settle (Ill. Cir. Ct.), 125
Resurrection Health Care settlement approved (Ill. Cir. Ct.), 69 Medically necessary services, suit alleges regular payment denial by Anthem BCBS (Cal. Super. Ct.), 292; treatment approved in coverage reversal, 314 Out-of-network reimbursement
AMA suit challenging UnitedHealth system settled (S.D.N.Y.), 57; trial court delays accord approval, 649
CIGNA and Aetna databases, AMA and state medical societies file suits alleging knowing underpayment (D.N.J.), 184 WellPoint sued over use of Ingenix data (C.D. Cal.), 381 Tests and screening, certification denied in suit alleging improper Quest Diagnostics billing (D.N.J.), 186 Uninsured patients allege hospital overcharges violate state law, certification denied (Ala.), 1131 Vytorin and Zetia, Merck and Schering-Plough settle suit over failure to disclose unfavorable clinical test results (D.N.J.), 953
Horizon BCBS sues over fraudulent claims (N.J. Super. Ct.), 830
Colo., house approves bill requiring health plans to cover, 222; new law, 567
Or., bill passed requiring cost coverage, 680; new law, In Brief, 747 Vytorin
Delay in study results caused plan losses, Merck employees ERISA claim can proceed (D.N.J.), 1064
Merck and Schering-Plough settle class action over failure to disclose unfavorable test results (D.N.J.), 953
Denials, new CMS website to expedite reviews, 861
ERISA, no preemption of disabled casino worker's claim for additional medical payments (E.D. Mo.), 565 Kan., new law consistent with federal requirements, 464 N.Y., eligibility extended under economic stimulus package, 349 Notice
Hospitals, early retirees entitled although afforded other health benefits in benefit packages (W.D. Va.), 11
Requirements, Labor Dep't seeks comments, 618; deadline Sept. 23, 1027 Premium payment untimely, Treasury Dep't rule does not excuse so as to avoid coverage cancellation (11th Cir.), 1004 Retention assistance for those who lose jobs Subsidies, economic stimulus
Adversely affected plans, IRS may offer relief, 524
American Recovery and Reinvestment Act
Attorneys and agency officials discuss key compliance issues, webcast, 254
CalPERS, lawmakers approve notification bill, 568 Eligible plan participants, 500,000, survey, 489 Premiums assistance, enrollment doubled, report, 1009 Questions raised for employers and insurers, Special Report, 270 Denials, Labor Dep't issues appeal guidelines, 610 Model notices, DOL issues, 332; guidance expanded, 406 Utah alternative, new law, 314 Violations do not constitute fiduciary acts under insurer's liability policy (5th Cir.), 216
ICD-9, CMS says general equivalence mapping expands system, 612
ICD-10 transition, HHS delays rule implementation until 2013, 60; delay canceled, In Brief, 310; patient and provider benefits cited, summit, 456; CMS urges provider planning, 563; introductory fact sheet revised, CMS releases, 1184
Fla. state university students, house passes bill requiring private insurance use, 503
Georgetown Univ., health reform project papers describe legal issues and possible solutions, In Brief, 414 Tex. college student health coverage bills passed, 716; vetoed, 744 Young adults from 19 to 29, lawmakers urged to require health coverage under parents' plans, 946
Autism, coverage required under new law, 679
Bonuses for insurance claim denials, senate bill to ban passed, 384 Clinical trials, house approves bill requiring health plans to cover, 222; new law, 567 E-prescribing and personal health records, panel recommends increased use, report, 534 HMOs
Enrollment drops as profits increase, report, 223
Limited benefit plans, new law allows, 498
Avoidable medical errors, executive order signed to deny Medicaid payments, In Brief, 417
Binding arbitration hearing set in suit over sale of 3 facilities (Colo. Dist. Ct.), 73; 2 sales disallowed for violation of state nonprofit law but third proceeds, 712; agreement to transfer 2 Exempla properties to Catholic system, 1007 Provider fee, governor proposes to cover expanded SCHIP and Medicaid, 107; house approves, 385; senate approves bill, 438; new law, 504 Physician groups, FTC settles price fixing charges, 7 Small businesses health insurance, number of covered workers drops, report, 777 Wellness programs, plans may provide incentives under proposed bill, 161; new law, 500
Ariz. Medicaid, order upheld requiring state to improve access for disabled recipients (D. Ariz.), 531
See RESEARCH
Ed. Note: The Journal section of each issue provides a list of upcoming conferences and meetings and a list of documents available from BNA PLUS.
ABA
Am. Law Inst.
Conference, 2013
Webcast, 254 Section of Taxation meeting, 587 Agency for Healthcare Research and Quality Natl. Advisory Council public meeting, 409 Am. Enterprise Inst. forum, 352 Am. Health Info. Mgmt. Ass'n summit, 456 Am. Health Ins. Plans
Administrative services automation in physicians' offices and hospitals, initiative announced at teleconference, 1195
Medicare and Medicaid Conferences, 2009, 1096 Natl. Policy Forum, 306
April audio conference, 496
Hosp. Law Inst. meeting, 177 BNA
ERISA class action certification issues arise from growing number of complex lawsuits, audio conference, 1126
Fraud audio conference
Feb. scheduled, In Brief, 127
Jan. set, In Brief, 8 Medical tourism, legal issues audio conference, In Brief, 187 Business of Medicare Advantage Forum 2009, 117; 151 Capitol Hill forum, 370 Center for American Progress Action Fund meeting, 371 Center for Business Intelligence
8th Annual Strategic Medicare Policy Summit, 178; 211
Online seminar, 1036 Council for Affordable Health Ins. briefing, 833 Crowell & Moring LLP teleconference, 179 eHealth initiative webinar, 465 Employers Council on Flexible Compensation conference, 306 Ernst & Young webcast, 884 Families USA conference, 123 HHS Office of the Natl. Coordinator for Health Information Tech. meeting, 795 HIT Symposium at MIT, 793 Intl. Assn. of Privacy Professionals Privacy Summit '09, 319; 352 Medicare Marketing Strategies meeting, 373 Natl. Comm. to Preserve Soc. Sec. and Medicare meeting, 615 Natl. Gov. Ass'n winter meeting, 265 Second Annual Kaiser Health Care forum, 930 Trucker Huss law firm webcast, 717 Understanding the 2009 Economic Stimulus and Other Challenges webinar, 410 U.S. Chamber of Commerce conference, 97 White House Forum on Health Reform, 279 World Health Care Congress's 5th Annual Leadership Summit on Medicare, 849
Derivative standing, provider receiving assignment of benefits from ERISA participant entitled to copies of plan documents (E.D. La.), 99
PBM, federal law preempts D.C. disclosure law (D.D.C.), 331
Ed. Note: This heading is used for administrative actions only. For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned numbers, see specific subject headings.
Senate Health, Education, Labor, and Pensions Comm.
Chairman, Harkin (D-Mass) accepts position, In Brief, 1060
Jan. 8 hearing set on HHS secretary nominee Daschle, In Brief, 8; bipartisan cooperation promised, 33; Daschle withdrawal may delay reform efforts, 149
Anthem BCBS rate hike, Dodd (D-Conn) and state attorney general set hearing and urge reconsideration, 829; approval process revision sought, 977
Lobbying expenditures of insurance companies re health care reform, AFL-CIO seeks state investigations, 1133 Universal health coverage, veto override of health reform package, 882
First Amendment
See FIRST AMENDMENT
Standing
See STANDING
Cooperatives, Conrad (D-ND) proposes, 666; idea draws interest, 695
Employer savings and improved care quality, Aetna study, 320 Important part of overall health reform effort, briefing, 833 Public sector employers, disease management and wellness programs favored, report, 108
Balance billing
Disclosure of policies to patients, Natl. Ass'n of Ins. Comm'rs hearing, 1173
Health care reform legislation, BNA Analysis, 1137
Cease and desist orders, state issues to 2 companies, 1069
Regulators to license, 713 Health insurance
Policy benefits labeling system recommended, report, 570
President urges public support, 916 Profits valued over members, Senate panel hearing, 767; Rockefeller (D-WVa) calls for CIGNA clarification of small businesses policy purging, 941 Purging of small business policies, House panel investigates, 1056 Long-term and home health care plans, Minn. attorney general alleges fraud and sues Home Health Am., 1193 Low-cost plan, Minn. attorney general alleges fraud and sues Consumer Health Benefits Ass'n, 1193 N.Y. managed care, new reform laws expand, 927; BNA Analysis, 1108 Usual, customary and reasonable rates information disclosure to patients, Natl. Ass'n of Ins. Comm'rs hearing, 1173
Medicare Advantage plans, CMS seeks to raise quality ratings, forum, 151
Medigap, 88 percent of policyholders pleased, study, 701
Mass. health reform law, agency approves subsidized Catholic hospital-affiliated plan affording family services, 315; hospital ends affiliation with insurer subsidizing coverage, 779
BCBS
See generally BLUE CROSS AND BLUE SHIELD PLANS (BCBS)
See generally HOSPITALS
See specific states
Credit for copayment discrepancy, plan beneficiary must exhaust administrative remedies before filing suit (N.D. Cal.), 1067
Employee benefits, high-deductible plan patients more involved in care decisions, survey, 507 High out-of-pocket expenses and treatment delays linked, study, 537 HMOs, state regulation violated by charging copayment and percentage fee for same single service (W.D. Mo.), 706 Incentive programs, key to health costs reduction, BNA Analysis, 542 N.C. state health plan, smokers and overweight workers will pay more, 534 Private insurance, 17 percent enrolled in high-deductible plans in 2007, report, 297
Cooperatives as possible solution to rising costs, critics and supporters continue debate, Special Report, 1163
Copayments
See generally DISCOUNTS
See generally PRESCRIPTION DRUG PRICES
See generally EMPLOYEE BENEFITS
Hospitals
See generally HOSPITALS
Long-term cost reduction, reform efforts unlikely to effect, CBO official says, hearing, 857 MA
See generally MEDICARE ADVANTAGE (MA)
Medicare
See generally MEDICARE
Multiemployer health funds, Segal Co. offers tips on managing costs, 1106 Out-of-pocket costs Provider-specific information, Aetna expands website, 320 Quality of care promotion
Streamlining administrative options, UnitedHealth says system could save $332 billion over decade, report, 805
UnitedHealth says federal government could save $540 billion over 10 years, report, 643 Spending
Average, 7.4-percent increase lowest in 5 years, report, 627
$2.4 trillion in 2008, CMS report, 210
See specific states
See generally TRANSPARENCY
Website allows Minn. residents to compare health care services, 1072
Medical necessity
See generally MEDICALLY NECESSARY SERVICES
See generally MEDICARE
Computer theft of private data, 30,000 Kaiser HMO workers affected, 191
Fraud
See generally FRAUD AND ABUSE
See IDENTITY THEFT
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