Health Law Reporter Index-Summary

ABA

ABORTION

– Colo., voters defeat antiabortion initiative, 1570
– Federal funds

– – Ban on use, executive order, 464
– – Health care reform

See LEGISLATION, FEDERAL, HR 3590, HR 3962

– Fla., ultrasound requirement vetoed by governor, 845
– Health care workers who refuse to participate, nurse's Church Amendment claim (E.D.N.Y.), 152; no private right of action (2d Cir.), 1637
– Idaho “conscience” law signed by governor, health care providers can deny certain services, 462
– “Itinerant” physicians ordinance, threat to privacy of patient information (N.D. Ind.), 1169
– La., state medical malpractice fund officials not immune from suit by providers (5th Cir.), 1755
– Mass. buffer zone law (U.S., rev den), 423
– Nebraska

– – Informed consent law enjoined (D. Neb.), 1039
– – New laws increase restrictions, 577

– Oklahoma

– – Governor signs 3 bill intended to set limits, 510
– – Prohibition on health insurers covering elective abortions, veto, 844
– – Requirement for women to answer detailed questions first, legislature overrides veto, 782
– – State constitution violated (Okla.), 356
– – Ultrasound requirement, providers sue state (Okla. Dist. Ct.), 661; temporary injunction, 1040

– Tenn. health exchange plans must exclude coverage, 695
– Texas

– – Detailed information requirement, prerecorded telephone message barred, Atty. Gen. opinion, 1365
– – RU-486, facility must be licensed same as surgical facility, Atty. Gen. opinion, 1365

ABUSE

– Drugs and alcohol

See SUBSTANCE ABUSE

– Fraud

See FRAUD AND ABUSE

– Patients

See ELDER ABUSE; PATIENT ABUSE

ACADEMIC MEDICAL CENTERS (AMCs)

See generally TEACHING HOSPITALS

ACCESS TO CARE

– Cal., managed care, timely access to nonemergency care rules, 145
– Univ. of Pittsburgh Med. Center, agreement to promote access to services in community surrounding closed hospital, 1293

ACCOUNTABLE CARE ORGANIZATIONS (ACOs)

– AHA urges flexibility in implementation, 1645
– All types of providers should be considered, stakeholders tell CMS, 1646
– AMA principles for development and implementation considered, 1643
– Antitrust law

– – Anti-kickback and Stark protections can all be done, attorney says, 1645
– – Clinical integrated organization (CIO) model to avoid liability recommended by attorneys, 825
– – DOJ official promises guidelines will held avoid violations, 1691
– – Guidance needed, stakeholders tell federal officials, 1424; recordings and transcript available, 1500
– – Implications, BNA Insights, 358
– – “Rule of reason,” likely evaluation if clinically integrated, attorney, 1349

– Begin integrating despite unanswered questions, attorney says, 1462
– Cal. Med. Ass'n recommendations, 1554
– CMS rules expected mid-January, providers must be serious about change, 1698
– Cost savings unclear, report, 1611
– Fraud and abuse waivers, AHLA options, 1554
– House and Senate reform bills

See LEGISLATION, FEDERAL, HR 3590, HR 3962

– Impact on providers, CMS cautious, 1314
– Incentives needed, survey of experts, 1101
– Industry urged to act now, 933
– Key provisions, BNA Analysis & Perspective, 47
– National Committee for Quality Assurance

– – Draft standards, 1488; comments from providers and patient advocates, 1647
– – Implications of draft criteria, BNA Insights, 1573

– New relationships between doctors and hospitals, BNA Insights, 1612
– Notice of proposed rulemaking expected this fall, CMS, 809
– Patient notification requirements, proposed rules due soon, 1485
– Policy, business, and law, practical observations, BNA Insights, 883
– Premier health care alliance launches collaboratives, 744
– Primary care groups release joint principles, 1646
– Private sector participation, 337
– Promise and challenges, BNA Insights, 956
– Proper implementation needed to achieve promise, attorney says, 676
– Provider participation may hinge on HHS regulations, BNA Insights, 546
– Questions about function raised at Am. Enterprise Inst. conference, 1486
– Reconciliation bill

See LEGISLATION, FEDERAL, HR 4872

– Regulation and enforcement, BNA Insights, 1333
– Request for information, CMS seeks comments, 1643
– Response of stakeholders, flexibility and inclusion of small practices, 1699
– Timetable and implications, BNA Insights, 431
– Workshop, FTC and CMS, 1278

ACCOUNTING

– Fin. Accounting Standards Bd.

– – Annual fee on health insurers under PPACA, 1792
– – Bad debts, further input on guidance document, 1757
– – Charity care, proposals to clarify issues, 578
– – Fees paid to federal government by drug makers and legal costs of medical malpractice suits, comments, 1221
– – Insurance claims and recoveries of health care entities, 1254
– – Recording liabilities and other health care issues considered, 1221

– WellCare, securities putative class settlement (M.D. Fla.), 1186

ACCREDITATION AND CERTIFICATION

– False certifications to Medicare, FCA suit dismissal for insufficient pleading (9th Cir.), 1134; (U.S., rev sought), 1483
– Joint Commission

See JOINT COMMISSION

– Md., nurse-practitioner certification, new law, 566
– Medical malpractice certification

See generally PLEADING

– N.J., expert signing pre-suit affidavit must be board-certified, waiver (N.J.), 1109
– Private accreditation entities, NPDB final rule, 193
– Staff privileges

See STAFF PRIVILEGES

– Standards and certification criteria for EHR technology, 976; response to rules, 1015
– Telemedicine, credentialing of providers, CMS proposes streamlining rules, 754; responses of attorneys and stakeholders, 927; expansion to nonhospital-based providers urged in comments, 1159

ACOs

See ACCOUNTABLE CARE ORGANIZATIONS (ACOs)

ACQUISITIONS

See MERGERS AND ACQUISITIONS

ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

ADMINISTRATIVE LAW

– Administrative Procedure Act, mental health parity interim final rules (D.D.C.), 903
– Exhaustion of remedies

See EXHAUSTION OF REMEDIES

– Medical board letter expressing opinion of certified nurse anesthetists not scope of practice rule (Mo. Ct. App.), 1363

ADULT DAY CARE

– Cal., preliminary injunction bars changes to eligibility criteria (N.D. Cal.), 346

ADVERSE EVENTS

See also MEDICAL ERRORS
– Failure to disclose statistically insignificant data, industry groups support Zicam Cold Remedy maker (U.S., amicus briefs filed), 1296
– Florida

– – Hospital says not adverse incident, records must be disclosed (Fla. Dist. Ct.), 1356
– – Patient's state constitutional right of access to records on medical incidents, abstention (M.D. Fla.), 506

– Hospital-acquired infections

See HOSPITALS

– Screening, report, 357

ADVERTISING

See also MARKETING
– Fla., new law to eliminate illegal “pill mills” (N.D. Fla.), 1396
– Los Angeles city attorney claims against health plans and insurers (Cal. Ct. App.), 99
– Rescission, Los Angeles may proceed with claims against insurers (Cal. Super. Ct.), 308

AFFORDABLE CARE ACT

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Nurse fired for failing to report possible abuse, bias claims dismissed (E.D. Ky.), 802
– Overtime refusal, nondiscriminatory reasons for nursing home refusal to rehire nurse's aides (U.S., rev sought), 1307; (rev den), 1380
– Physician's false time records and other disciplinary problems reason for firing (D.D.C.), 1167
– Test cheating dispute, exhaustion of administrative remedies (5th Cir.), 528
– Walgreen staff pharmacist fired for violating drug interactions warning policy (7th Cir.), 1208

AGENCY

– Vicarious liability

– – Hospitals

See HOSPITALS

– – Provider that sublet space to other doctors not liable for malpractice of subtenant (Or. Ct. App.), 420

AHA

See AMERICAN HOSPITAL ASSOCIATION (AHA)

AHLA

See AMERICAN HEALTH LAWYERS ASSOCIATION (AHLA)

AIDS AND HIV

– Antiviral drugs overcharging alleged, foundation sues Bristol-Myers Squibb (C.D. Cal.), 1709
– Blood testing of nonparties, data based on review of tests barred (Cal. Ct. App.), 1463
– Discrimination

– – Physician who refused surgery to patient infected with HIV may be liable for bias (E.D. Wis.), 1072
– – Refusal to treat “black men from Africa with AIDS,” bias claim may proceed (D.N.J.), 1293

– HIV status of pharmacy technician disclosed by coworkers with access to Walgreens prescription database (Tenn. Ct. App.), 1703
– Kickbacks to write off-label prescriptions, partial dismissal of state and federal claims (D. Mass.), 1057
– Norvir and Kaletra protease inhibitors, direct purchasers' and competitor's Sherman Act claims (N.D. Cal.), 128; mandamus petition denied (9th Cir.), 1379

ALABAMA

– Arbitration of nursing home injury claim, apparent authority of daughter (Ala.), 525
– CON for medical office building (Ala. Civ. App.), 929
– Duract pain relief drug, third-party payers class certification (Ala.), 144
– Health care reform constitutionality challenge

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

– Medicaid

– – Drug price litigation, AstraZeneca, GlasxoSmithKline, and Novartis win on appeal (Ala.), 133
– – State opposition to CMS requirement to return federal share of recovered funds (M.D. Ala.), 505

– Pain management, proposal to limit to doctors, FTC opposition, 1585
– Supremacy Clause, refusal of medical school director to provide peer review information to another hospital (U.S., rev den), 79

ALASKA

– Assignability of personal injury claims, hospital may not sue third party or intervene in motor vehicle accident case (Alaska), 319
– Mandatory overtime for nurses ban, bill passed by legislature, 907
– Privacy, breaches by Medicaid Fraud unit's seizure of women's clinic files and release of patient information alleged (Alaska Super. Ct.), 942

ALFs

See ASSISTED LIVING FACILITIES (ALFs)

ALTERNATIVE DISPUTE RESOLUTION (ADR)

– Arbitration

See ARBITRATION

AMA

See AMERICAN MEDICAL ASSOCIATION (AMA)

AMBULANCE SERVICES

– Annual dispatch fee part of contract with municipality, advisory opinion, 1458
– Arbitration clauses, paramedics' suit may proceed (6th Cir.), 639
– City reimbursed for emergency dispatch costs and quality monitoring, advisory opinion, 1592
– Firing of worker over Facebook comments about supervisor (NLRB Region 34), 1561
– NYC ambulance companies settle FCA allegations (E.D.N.Y.), 809
– TennCare overpayments, whistleblower claim by former employee (W.D. Mich.), 94

AMBULATORY CARE

– Antitrust, ASC illegal tying claim against hospital with link to large employer (C.D. Ill.), 61
– Carilion Clinic sale of Center for Surgical Excellence, FTC divestiture requirement, 447
– CON, surgery center, reasonable finding of need (Wash.), 1349
– ERISA

– – Health plan administrator should have disclosed “internal criteria” but no penalty (C.D. Cal.), 831
– – Venue, fiduciary seeking declaratory judgment that it complied with disclosure requirements (E.D. Mo.), 1707

– “Facility fee” for use of surgical suite associated with physician's office, excluded by health plans (D.N.J.), 1213
– Medicare payment for 2011

– – Final rule changes physician supervision requirements, 1526
– – No increase, proposed rule, 945

– New Jersey

– – Gross receipts tax amendment, 1031
– – Infection rate reporting, 152

– Ownership, arrangement between physician organization and health system, advisory opinion, 1273
– Patient-chosen anesthesiologist, no ASC duty to patient (Fla. Dist. Ct.), 989
– Patient rights disclosures, proposed rule, 609
– Primary Care Home Initiative standards, expansion of Joint Commission ambulatory health care organizations accreditation, 1294
– Retail clinics

See LIMITED SERVICE CLINICS (LSCs)

AMCs (ACADEMIC MEDICAL CENTERS)

See generally TEACHING HOSPITALS

AMERICAN BAR ASSOCIATION (ABA)

– Conferences

See CONFERENCES AND MEETINGS

– Constitutionality of health reform debated by experts, 1022
– FTC “red flag” rules

– – Application to attorneys and others, groups representing licensed health care professionals urge delay pending outcome of suit, 191
– – “Creditors” definition, amendment

See LEGISLATION, FEDERAL, HR 6420, S 3987

AMERICAN HEALTH LAWYERS ASSOCIATION (AHLA)

– ACOs, fraud and abuse waivers, options, 1554
– Conferences

See CONFERENCES AND MEETINGS

AMERICAN HOSPITAL ASSOCIATION (AHA)

– ACOs

– – Flexibility in implementation urged, 1645
– – Primary care groups release joint principles, 1646
– – Response of stakeholders, 1699

– Charity care, guidelines not met, advocacy groups, 695
– FICA taxes on stipends paid to medical residents working more than 40 hours per week (U.S., amicus brief), 291; (amicus brief filed), 1187; (oral arg), 1545
– FOIA documents do not automatically bar qui tam action (U.S., amicus brief filed), 1695
– Form 990, community benefit changes urged, 356
– Health care reform, concerns about coverage level

See LEGISLATION, FEDERAL, HR 3590

– Medical residents, hours of work, AHA opposes petition to Occupational Safety and Health Admin., 1666
– Medicare underpayments to hospitals, $36B in 2009, survey, 1752
– Mistakes and errors targeted by FCA probes, letter to officials, 1272; further discussions with Justice Dep't, 1742
– Self-referral disclosures, 2-track process, 1021

AMERICAN INDIANS

See NATIVE AMERICANS

AMERICAN MEDICAL ASSOCIATION (AMA)

– ACOs, principles for development and implementation, attorney comments, 1643
– Deductibility of attorneys' expenses in contingency fee cases, letter opposing change, 1297
– Managed care contract database to help physicians negotiate, 421
– Medicare physician pay cut, action before Thanksgiving urged, 1556
– “Red flag” rules

– – “Creditors” definition, amendment

See LEGISLATION, FEDERAL, HR 6420, S 3987

– – Suit to bar application to physicians (D.D.C.), 756

– UnitedHealth Group Inc., physicians' out-of-network claims settlement, assistance, 604; doctors urged to file early, 1279

AMERICANS WITH DISABILITIES ACT (ADA)

See also REHABILITATION ACT
– At-will employees, fired nurse's discrimination claims fail (Tenn. Ct. App.), 379
– Bankruptcy, disability bias claim not included as asset in petition (M.D. Tenn.), 709
– Bipolar disorder and working from home, fired hospital manager may proceed with claims (S.D. Ohio), 334
– Confidentiality, law firm's request for former associate's mental health records denied (N.D. Ill.), 1563
– Deaf patients

– – Clinic failure to provide preferred sign language interpreter (D. Colo.), 1531
– – Hospital failure to provide sign language interpreter on 3 occasions (W.D. Wash.), 1712

– Developmental disabilities

– – Appropriate settings, challenge to Mass. class settlement (1st Cir.), 148
– – Asperger's disorder, hospital accommodation of medical resident (6th Cir.), 1739
– – Tex. appropriate treatment class action filed (W.D. Tex.), 1785

– Doctor under contract to P.R. corrections agency not employee (1st Cir.), 1692
– Ga., mental health treatment system, reorganization to emphasize community-based settings, settlement (N.D. Ga.), 1467
– Haw., Medicaid managed care mandated enrollment for aged, blind, or disabled (D. Haw.), 76
– HIV infection, physician who refused surgery may be liable for bias (E.D. Wis.), 1072
– Intern discharged as unqualified, no violation (4th Cir.), 378
– “Landmark year” for DOJ enforcement, 911
– Medicaid, hospital claims against state officials for failure to pay for disabled recipient (M.D. Tenn.), 1597
– Pregnancy temporary condition, permanent impairment not shown (S.D. Ind.), 711
– “Reasonable accommodation,” exception to eligibility income cap (D.N.J.), 247
– “Regarded as,” nursing home nurse, temporary ischemic attacks not seen as disqualifying from other jobs (5th Cir.), 1636
– Shoulder injury, fired cardiac sonography technician may pursue claims (E.D. Cal.), 378
– Sovereign immunity, state policy of not licensing nurses in methadone maintenance program (M.D. Pa.), 973
– Surgeon with hand tremor, federal bias and retaliation claims proceed despite state peer review proceedings (E.D. Cal.), 507
– Threats to kill coworkers alleged, anesthesiologist's unlawful discrimination claim (U.S., rev den), 66

ANESTHESIOLOGY SERVICES

– Fla., hospital-based noncontract provider barred from balance billing HMO subscribers (Fla. Dist. Ct.), 212
– Hospital compensation to anesthesia group practice in exchange for facility fees, trial ordered in qui tam case (M.D. Pa.), 494
– Independent contractor terminated due to sickle cell anemia, Rehabilitation Act claim allowed (U.S., rev den), 864
– Informed consent, surgical procedure outside of operating room and allegedly without proper anesthesia (D.S.D.), 1788
– Noncompete clauses

– – Del., anesthesiologist, former employer's contract breach suit may proceed (Del. Super. Ct.), 1482
– – Practice in city where former employer opened new office not barred (Ind. Ct. App.), 188; rehearing to clarify ruling, 693

– Pain management, Ala. proposal to limit to doctors, FTC opposition, 1585
– Patient-chosen anesthesiologist, no ASC duty to patient (Fla. Dist. Ct.), 989
– Physician supervision

– – Cal., certified registered nurse anesthetists, doctors sue state (Cal. Super. Ct.), 216; state action upheld, 1470
– – Colo., may seek federal waiver of Medicare requirement, 1329; waiver sought, 1394
– – Mo., medical board letter expressing opinion not scope of practice rule (Mo. Ct. App.), 1363

– Sedated dental procedures, inadequate warnings by suppliers of protocols and manuals alleged cause of death (E.D. Mo.), 1790
– Threats to kill coworkers alleged, anesthesiologist's ADA claim (U.S., rev den), 66

ANTI-KICKBACK LAWS

– ACOs

– – DOJ official promises guidelines will held avoid violations, 1691
– – Guidance needed, stakeholders tell federal officials, 1424; recordings and transcript available, 1500
– – Protections possible, attorney says, 1645

– Acquisition of physician practices by hospitals, pitfalls, advice from lawyers, 861
– Ambulance company

– – Annual dispatch fee part of contract with municipality, advisory opinion, 1458
– – City reimbursed for emergency dispatch and quality monitoring, advisory opinion, 1592

– Ambulatory care center arrangement between physician organization and health system, advisory opinion, 1273
– Charitable donations in return for provider's using software to schedule manufacturer's representative visits, advisory opinion, 1097
– Children's health system donations to fund programs at another health system, advisory opinion, 1312
– Cochlear implants

– – Faulty devices, maker reimbursement of providers for services, advisory opinion, 1273
– – Maker settles allegations (D. Colo.), 829

– Continuing care retirement community operator, gift cards for referrals, advisory opinion, 769
– Cystic fibrosis drug coverage, modifications in proposal to help needy patients, advisory opinion, 1552
– Dietitian and social worker free to Medicare cancer patients at free-standing radiation oncology centers, advisory opinion, 867
– Emergency services

– – Ambulance company

See Ambulance company, this heading

– – County grants for operations center, advisory opinion, 867
– – Mutual emergency response arrangement between municipalities, limited cost-sharing waiver, advisory opinion, 867

– Exactech agrees to corporate compliance and monitoring, deferred prosecution agreement (D.N.J.), 1743
– False claims enforcement changes, impact on drug and medical device industries, 1094
– Greater Cincinnati Health Alliance

– – FCA suit settles (S.D. Ohio), 743
– – Preferential referrals, settlement, 829

– Honest-services fraud limited to bribery and kickbacks, 3 cases (judg), 899
– Hospital compensation to anesthesia group practice in exchange for facility fees, trial ordered in qui tam case (M.D. Pa.), 494
– Kadian misrepresentations and kickbacks, Alpharma agrees to pay (D. Md.), 452
– Kaletra off-label prescriptions, kickbacks, partial dismissal of state and federal claims (D. Mass.), 1057
– Kos Pharmaceuticals settles allegations (M.D. La.), 1743
– Lithotripsy services, United settles with IG, 976
– Md., hospital agrees to pay to resolve allegations of payments to cardiology group (D. Md.), 1594
– Medical devices

– – Cochlear implants

See Cochlear implants, this heading

– – Medtronic Sofamor Danek, qui tam suit, prior public disclosures (1st Cir.), 1311
– – Pacemaker products, ELA Med. Inc. settles qui tam suit (S.D. Fla.), 1517
– – Postmarket studies, Boston Scientific Corp. settles, 24
– – St. Jude Medical

– – – FCA settlement (N.D. Ohio), 809
– – – Government motion to intervene in qui tam suit (D. Mass.), 1133

– – Sorin Group settles sales and marketing allegations with U.S., 381

– Medigap

– – Financial arrangements between policy providers and contracted hospital networks, advisory opinion, 303
– – Insurer proposes contracts for hospital discounts, advisory opinion, 1382

– New safe harbor provisions, request for proposals, 23
– Nonprofit charitable foundation created to help people with coagulation disorders, advisory opinion, 1384
– N.C., kickbacks for Medicaid patient referral illegal, new law, 1097
– Omnicare Inc.

– – Government FCA suit against pharmaceutical company (D. Mass.), 97
– – Nursing home chains agree to pay to resolve claims they solicited payments (D. Mass.), 303

– “Operational conversations” between non-attorneys not privileged, discovery allowed in kickbacks qui tam suit (S.D. Ohio), 22; settlement, 208
– Patient assistance programs

– – Donor-funded program to assist underinsured with drug copays, advisory opinion, 768
– – Financially needy brain tumor patients, foundation's plan, advisory opinion, 1241
– – Nonprofit organization grants shield beneficiaries from donors, advisory opinion, 809

– Pediatric tonsillectomy patients, one free night, advisory opinion, 1384
– Peer review, adverse actions no Sherman Act violation (W.D.N.C.), 525
– Pa. hospital and physicians, material fact questions (W.D. Pa.), 1591
– PPACA, implications of key provisions, BNA Insights, 1115
– Preauthorization service for free, advisory opinion

– – Hospital, 1272
– – Radiology group, 1383

– Procrit, FCA original source in tagalong case (U.S., rev sought), 59; Solicitor General input requested, 272; (rev den), 865
– “Skid Row” recruiting for unnecessary treatment

See FALSE CLAIMS

– Sleep-testing

– – Administrative sanctions possible under arrangement with hospital, advisory opinion, 1551
– – Provider arrangement with hospital, advisory opinion, 1272

ANTIBIOTICS

– Cipro patent litigation settlement, direct purchasers, rehearing denied (2d Cir.), 1267

ANTITRUST

– Accountable care organizations

– – Clinical integrated organization (CIO) model recommended by attorneys, 825
– – DOJ official promises guidelines will held avoid violations, 1691
– – Guidance needed, stakeholders tell federal officials, 1424; recordings and transcript available, 1500
– – Policy implications, BNA Insights, 358
– – Protections possible, attorney says, 1645
– – “Rule of reason,” likely evaluation if clinically integrated, attorney, 1349

– Acquisitions

See generally MERGERS AND ACQUISITIONS

– ASC illegal tying claim against hospital with link to large employer (C.D. Ill.), 61
– Blood reagents producers, illegal agreement claims (E.D. Pa.), 1234
– Common law unfair competition claim not preempted by state consumer law (W.D. Wash.), 19
– Dentsply

– – Dismissal of labs' claims against artificial tooth maker (3d Cir.), 558
– – Summary judgment, plaintiffs' proof required (M.D. Pa.), 526; correction, 560

– Drugs and pharmaceuticals

– – Anticoagulant maker, suit by competitor's exclusive distributor (D.N.J.), 1161
– – Cancer biotech treatment tying allegations, direct purchaser exception denied (D.N.J.), 827
– – Diabetes drug DDAVP, direct purchasers challenging patent may pursue monopolization claim (U.S., rev den), 897
– – Discount program, statutory exemption, advisory opinion, 929
– – Flonase, delay of generic alleged

– – – Direct purchasers class certified (E.D. Pa.), 1589
– – – Indirect purchasers challenge delay (E.D. Pa.), 129

– – Fla., new law to eliminate illegal “pill mills” (N.D. Fla.), 1396
– – Joint supplier quality and safety audit programs, FTC advisory opinion, 1310
– – Pass-on defense, direct purchaser can recover for illegal price-fixing (Cal.), 971; remanded for trial (Cal. Ct. App.), 1268
– – Patent ductus arteriosus drugs, product market (D. Minn.), 1309
– – Pay-for-delay

– – – Cipro patent litigation settlement, direct purchasers (2d Cir.), 1267
– – – Reverse payments, CVS, Rite Aid, and other purchasers call practice anticompetitive (U.S., rev sought), 1737

– – Protease inhibitors, direct purchasers' and competitor's Sherman Act claims (N.D. Cal.), 128; mandamus petition denied (9th Cir.), 1379
– – Robinson-Patman Act, non-profit institutions exemption, proposed prescription discount program, FTC advisory opinion, 1208
– – TriCor generic competition-blocking suit settles (D. Del.), 64
– – Wellbutrin XL

– – – Dismissed direct purchaser class representative, compliance with discovery order (E.D. Pa.), 1054
– – – End-payers, class certification denied health plans and others (E.D. Pa.), 1418

– GPOs, code of conduct changes, concerns linger, reports, 1347
– Health care reform

– – Economic pressure on health insurance industry, BNA Insights, 1721
– – Effect of PPACA, Justice Dep't focus on competition, 898
– – Market competition and anticompetitive behavior, BNA Insights, 395

– Hospitals

– – Catheter maker, bundled discounts to GPOs, no injury (8th Cir.), 1206; rehearing granted, 1481
– – CON, limitation on number of facilities that can perform elective angioplasty procedures (E.D. Wash.), 799
– – Economic credentialing policy, denial of privileges to physicians who hold ownership interests in competing facilities (Ark.), 752; affirmed, 1390
– – Efforts to block diagnostic imaging center (N.D. Ill.), 268
– – Evanston Northwestern Healthcare, patient suit class certification denied (N.D. Ill.), 559
– – Exclusivity, neonatologists with privileges barred (E.D. Cal.), 594
– – HCQIA, claims against hospital, officials, and staff members barred (M.D. Ga.), 1286
– – Information exchange, data on costs and efficiency, Justice Dept. approval, 593
– – Joint ventures, impact of concerted action decision (U.S., judg rvs), 765
– – Market power to get noncompetitive prices from insurers, study, 1665
– – Medical services to inmates exclusive agreement, product market (N.D. Cal.), 797
– – Minn. rural health cooperative, settlement of price collusion charges (FTC), 863
– – Partners HealthCare dominant in Mass., Justice Dept. probes contracting practices, 642
– – Pittsburgh, “dominant” medical center and insurer, suit by competing hospital system (3d Cir.), 1631
– – Post-reform collaboration, effect of NFL case, BNA Insights, 1041
– – Tying claims against competitor reinstated (11th Cir.), 640

– Insurance

– – Benefit manager, preventing upright MRI services providers from joining preferred provider networks, jury verdict (E.D.N.Y.), 1689
– – Highmark accused of conspiracy with Univ. of Pittsburgh Med. Center (3d Cir.), 1631
– – McCarran-Ferguson Act repeal for health and malpractice insurers

– – – Periello (D-Va) and Markey (D-Colo) drafting bill, 209
– – – Proposals

See LEGISLATION, FEDERAL, HR 3596, HR 3962, HR 4626, S 1681, S 3217

– – – Vote delayed, 237
– – – Warnings from actuaries, 131

– – Rescission

– – – Los Angeles may proceed with unfair competition claims against insurers (Cal. Super. Ct.), 308
– – – State regulatory authority no bar to Los Angeles city attorney's claims against health plans and insurers (Cal. Ct. App.), 99

– – Sherman Act violations by health insurers and brokers, dismissal of employee benefit plans and policy holders claims (3d Cir.), 1205

– Intermediaries, orthopedic devices distributor's suit against manufacturers dismissed (3d Cir.), 798
– LSCs

See generally LIMITED SERVICE CLINICS (LSCs)

– Medical devices

– – Bone cement maker's monopolization claims against Medtronic fails (N.D. Cal.), 1587
– – Pulse oximeters, no violation for new and improved devices (9th Cir.), 62
– – Sharps disposal container maker accused of monopoly, settlement (D. Mass.), 127
– – Sleep apnea devices, sale to federal agency, relevant product market (E.D. La.), 1268
– – Vitreoretinal surgery equipment makers settle suits, 642

– Mergers

See generally MERGERS AND ACQUISITIONS

– Most favored nation clauses

– – Anthem BCBS will not require Conn. hospitals to give it same discounts as state plan, 169; Conn. Atty. Gen. calls on HHS to look into “anticompetitive” practices, 333
– – Anticompetitive effect of BCBS of Mich. parity clauses (E.D. Mich.), 1449; Justice Dep't official discusses complaint, 1635; motion to dismiss filed, 1771

– Noncompete agreements

See NONCOMPETE CLAUSES

– Nurses' wage-fixing suits

– – Ariz. hospital nurses' registry, settlement (D. Ariz.), 1377
– – Cal., summary judgment for hospitals in overtime suit (Cal. Ct. App.), 1633
– – Conspiracy charges, amendment of class certification denied (N.D.N.Y.), 267; nurses may pursue claims, 2 rulings, 1053; preliminary approval of settlement, 1454
– – Memphis nurses' class representative delay prejudicial (W.D. Tenn.), 63

– Outlook 2010, top health law issues, 5
– Pain management, Ala. proposal to limit to doctors, FTC opposition, 1585
– Physicians

– – Admitting privileges lost, insufficient proof of injury (2d Cir.), 18
– – Boycott, competing group settles with Houston hospital (Tex. Dist. Ct.), 93; jury rejects claims of nonsettling doctors, 377
– – Cardiology services market, restraint of trade suit against general hospital (8th Cir.), 17; (U.S., rev den), 897
– – Minn. rural health cooperative, settlement of price collusion charges (FTC), 863
– – Negotiating tactics against insurers, Colo. physicians group settlement (FTC), 206
– – Orthopedists' refusal to treat workers' compensation cases, settlement (D. Idaho), 768
– – Staff privileges, remaining state law claims remanded to state court (5th Cir.), 538
– – State action doctrine bars claims against public hospital for suspension of privileges (6th Cir.), 1632

– Surgical assistants company's Sherman Act claims dismissed (S.D. Tex.), 276
– Teeth-whitening by nondentists banned, N.C. dental board order challenged (FTC), 863

ANY WILLING PROVIDER (AWP) LAWS

– Ga., plan cannot bar physician group from networks, insurance commissioner, 535
– La., providers enjoined from seeking higher payments for services to workers' compensation claimants (5th Cir.), 1063

APPEALS

– Ark., surrender of medical license prior to hearing bars court jurisdiction over reinstatement suit (Ark.), 774
– CMPs paid by SNF buyer, review petition dismissed (2d Cir.), 908
– DSH payment adjustments, CMS rule, 687
– FCA, time for appeal, retroactive application of decision (U.S., rev den), 1381
– HHS cannot reopen SNF reimbursement claim to divest federal court of jurisdiction (7th Cir.), 1032
– Ill., independent review of denied insurance claims law, 72
– Insurance coverage or claims denials, interim final rule, 1061; safe harbor, guidance, 1318; proposal to extend information collections, 1750
– Medicare recovery audit contractor's decision to reopen payment decision (S.D. Cal.), 1107
– New trial order, interlocutory appeal denied (5th Cir.), 1516
– PPACA guidance issued by HHS and other agencies, 1212
– Substantial compliance, “sloppy” benefit denial no ERISA violation (N.D. Ill.), 982
– Tenn., process for insurance claims denials, new law, 773; correction, 812

ARBITRATION

– Ambulance service, paramedics' suit may proceed (6th Cir.), 639
– Assisted living facility waived right to compel, judicial discovery (N.C. Ct. App.), 1511
– Doctor recruitment contract, award to hospital upheld (Tex. App.), 1451
– Employment contract clause binds FCA relator (N.D. Ohio), 1234
– Income guarantee agreement provision, physician's civil rights counterclaim (E.D. Ark.), 707
– Insurer thirty-party plan administrator not party to contract (N.D. Tex.), 169
– Md., noneconomic damages cap applies despite waiver (Md.), 106
– Nursing homes

– – Apparent authority of daughter (Ala.), 525
– – Choice of arbitrator not integral to validity of agreement (D.S.D.), 205
– – Diversity, citizenship of parties in federal action (8th Cir.), 767
– – Federal Arbitration Act preempts state law barring jury trial waiver (Ill.), 557
– – Incompetent LTC resident (M.D. Fla.), 1451
– – McCarran-Ferguson Act “reverse preempts” Federal Arbitration Act, clause lacking state notice provisions unenforceable (Tex. App.), 1547
– – Tenn., agreement unfair (Tenn. Ct. App.), 639
– – Wrongful death claims of heirs not bound by agreement (Wash. Ct. App.), 741

– Patient's agreement binding on wrongful death claimants (Cal.), 1233
– Physician and hospital must arbitrate employment contract dispute (W.D. Ky.), 1017
– Tenn., noncompete agreement (Tenn. Ct. App.), 1332
– Unconscionability, pediatrician whistleblower's contract breach suit (Or. Ct. App.), 411
– Unilateral shift change violates contract, arbitration award (D.R.I.), 179

ARIZONA

– Chiropractors, records of nonpatient subpoenaed by licensing board must be produced (Ariz. Ct. App.), 103
– DSHs, exclusion of services for low-income patients covered by Ariz. program (9th Cir.), 1358
– Health care reform, ballot measure would bar insurance mandate, 1242; voters approve amendment to state constitution, 1570
– KidsCare, Ariz. first state to eliminate CHIP due to fiscal constraints, 413
– Medicaid

– – Alternative program, co-pay increase, temporary stay (D. Ariz.), 1389
– – Around-the-clock home care of disabled cut, injunction denied (D. Ariz.), 1030
– – Managed care cuts (U.S., rev sought), 1307

– Medical marijuana ballot initiative, 1570; measure passed, dispensing limits, 1596
– Negligent spoliation by third party not recognized tort (Ariz.), 690

ARKANSAS

– Cancer-only insurance policy payments, class certification and injunction (M.D. Tenn.), 30
– Economic credentialing policy, denial of privileges to physicians who hold ownership interests in competing facilities (Ark.), 752; affirmed, 1390
– Exclusion of expert evidence in childbirth medical malpractice did not violate state law (8th Cir.), 1144
– Hospital state law promissory estoppel claim preempted by ERISA (E.D. Ark.), 29
– Locality rule, nationwide standard of care expert testimony insufficient (Ark. Ct. App.), 221
– Sexual harassment, physician/supervisor may be liable for harassment under state law (Ark.), 1636
– Surrender of medical license prior to hearing bars court jurisdiction over reinstatement suit (Ark.), 774

ARMED SERVICES

– Health care

See MILITARY HEALTH CARE; TRICARE

– USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

ASCs (AMBULATORY SURGICAL CENTERS)

See AMBULATORY CARE

ASSIGNMENT OF BENEFITS

– Auto insurer's review of assigned claims, discovery on providers' billing practices limited (N.J. Super. Ct. App. Div.), 1459
– BCBS Ass'n not liable for claims reimbursement practices of Tex. affiliate (S.D. Tex.), 1464; summary judgment denied both parties, 1489
– ERISA, hospital's fiduciary breach claims against plan administrator not covered by patient assignments (S.D. Tex.), 1652
– N.J., managed care plans must pay out-of-network providers, 146

ASSISTED LIVING FACILITIES (ALFs)

– Arbitration, right to compel waived, judicial discovery (N.C. Ct. App.), 1511
– Continuing care retirement community operator, gift cards for referrals, kickbacks advisory opinion, 769

ASSISTED SUICIDE

– Mont., physicians aid terminally ill patients (Mont.), 39

ATTORNEY-CLIENT PRIVILEGE

– Common interest doctrine, change-in-control transactions, BNA Insights, 1618
– “Operational conversations” between non-attorneys, discovery allowed in kickbacks qui tam suit (S.D. Ohio), 22; settlement, 208
– Under arrangements pharmacy goods provider suit against SNFs that failed to pay, discovery order (D. Utah), 1215

ATTORNEYS

– ADA, law firm's request for former associate's mental health records denied (N.D. Ill.), 1563
– AHLA

See AMERICAN HEALTH LAWYERS ASSOCIATION (AHLA)

– Attorney-client privilege

See ATTORNEY-CLIENT PRIVILEGE

– Ex parte interviews

– – Ga., communications with plaintiff's treating physician subject to protective order (Ga.), 811; state law applies to discovery, 1603
– – HIPAA does not bar access to physicians treating medical malpractice plaintiff (D. Kan.), 1648
– – Hospital and physician named in medical malpractice suit, order allowing contacts (D. Kan.), 1604
– – Mo., informal interviews with nonparty physicians barred by HIPAA (Mo.), 1278
– – Patient interviews by plaintiff's counsel in qui tam suit (N.D. Ill.), 975
– – Treating physicians (Tenn. Ct. App.), 1037
– – Wash., improper contacts, new trial only if prejudice to plaintiff shown (Wash.), 1787

– Expert's draft report used for settlement, physician's breach of contract claim against law firm and professional group allowed (E.D. Pa.), 1605
– False certification, former Tenet general counsel, notice of intention to dismiss as time-barred (S.D. Fla.), 496; dismissed, 597
– Fees

See ATTORNEYS' FEES

– Joint defense agreements, increase in number due to growth in compliance programs, 1741
– Justice Dept. memos cited by prospective government expert witness must be produced in false claims suit (D. Idaho), 208
– Medical records copying fee for law firms (Ill.), 415
– MSP, U.S. sues plaintiffs' lawyers over pollution liability settlement (N.D. Ala.), 247
– Noneconomic damages, Tenn. law prohibits lawyers from suggesting monetary values, medical group brief (Tenn.), 509
– Prosecution of former drug company in-house counsel, false statement and obstruction of justice charges (D. Md.), 1769
– “Red flag” rules, amendment

See LEGISLATION, FEDERAL, HR 6420, S 3987

– Reporting relationships focus of compliance plan changes, BNA Insights, 728
– Tex. law barring lawyers from soliciting persons who have been arrested unconstitutional (W.D. Tex.), 463
– Work product, treating physician as expert, hospital must disclose correspondence with plaintiff's counsel (Pa. Super. Ct.), 1353

ATTORNEYS' FEES

– Cal., peer review provision (Cal. Ct. App.), 1287
– Common-fund doctrine, hospitals must pay share of fees incurred by patients to satisfy statutory liens (Ill. App. Ct.), 393
– FICA taxes on medical residents, partial fee award (8th Cir.), 1114
– Fin. Accounting Standards Bd., comments on legal costs of medical malpractice suits, 1221
– Fla. statute requiring insurer to share in costs of obtaining settlement trumps policy provision (Fla. Dist. Ct.), 680
– HCQIA defense raised late, summary judgment for defendants upheld but fees and costs denied (N.D. Cal.), 949
– Taxation, deductibility of attorneys' expenses in contingency fee cases, AMA letter opposing change, 1297
– Texas, expert reports

– – Contract suit over medical care, fees owed (Tex. App.), 659
– – No timely filing of report, fees required (Tex.), 1254

AUDITS

– Cal. nursing home regulator criticized for reducing fines, 874
– Community benefit activities, reviews every 3 years not audits, IRS official, 1365
– Drug industry, joint supplier quality and safety programs, FTC advisory opinion, 1310
– Excess Medi-Cal payments for neonatal intensive care (Cal. Ct. App.), 102
– New PPACA entities, independent reviews, 1102
– Recapture audits to recover improper payments, federal agencies directed to expand use, 380
– Recovery audit contractors (RACs)

See RECOVERY AUDIT CONTRACTORS (RACs)

– Tenn., peer review privilege, hospital's review of vascular services not protected from discovery (Tenn.), 778

AUTISM

– Applied behavior analysis therapy

– – BCBS of Tenn., class certification denied (E.D. Tenn.), 277
– – Class action reinstated (Cal. Ct. App.), 177
– – Denial of coverage (E.D. Mich.), 1748
– – Ky., new law sets benefit requirements, 651
– – Therapist not eligible provider (D. Or.), 70

– Asperger's disorder, hospital accommodation of medical resident (6th Cir.), 1739
– Me., coverage for children under age 5, new law, 605
– Mo., coverage for diagnosis and treatment, new law, 837
– N.H., coverage for treatment, 1104
– Vt., coverage for preschool children, new law, 812

AWP LAWS

See ANY WILLING PROVIDER (AWP) LAWS