Health Law Reporter Index-Summary

DAMAGES

– Auto insurer's RICO suit against health care providers, award modified (E.D. Pa.), 808
– Back pay awards, interest compounded daily (NLRB), 1491
– Collateral source

– – Evidence of medical write-offs to calculate economic award (Ohio), 691
– – No bar to proof of hospital treatment write-offs in negligence case (Kan.), 814

– Home dialysis supplies and equipment, repayment of $19.3M (M.D. Tenn.), 450
– Joint tort-feasor credit for physician barred by settlement with hospital (Md.), 1564
– Malpractice patient compensation fund, incorrect calculation (Ind. Ct. App.), 1071
– Mass., AstraZeneca average wholesale prices class action, aggregate damages award (U.S., rev sought), 1307; dismissed, 1379
– Medical bills and proof of write-offs allowed to show value of medical services (Mass.), 1069
– Neurontin, misrepresentations about off-label uses, jury award of $142M (D. Mass.), 450
– Nev. public entity cap applies to EMTALA disparate screening claim (D. Nev.), 611; jury trial required, 987
– Noneconomic damages caps

– – Florida

– – – Constitutionality upheld (M.D. Fla.), 1394
– – – Retroactive application (Fla. Dist. Ct. App.), 350

– – Ga., cap violates state constitution (Ga.), 418; overview of recent rulings, 589
– – Ill., cap violates state constitution (Ill.), 219; overview of recent cases, 589
– – Kan., challenge to cap (Kan.), 589
– – Maryland

– – – Applies where arbitration waived (Md.), 106
– – – Equal protection challenge (Md.), 589

– – Mo., no retroactive application (Mo.), 459; overview of recent rulings, 589
– – Or., applies to state university medical group not individual physician (Or. Ct. App.), 287
– – Recent rulings, 589
– – Tennessee

– – – Retroactive application unconstitutional (Tenn.), 914
– – – State law prohibits lawyers from suggesting monetary values, medical group brief (Tenn.), 509

– – Texas

– – – Challenge based on federal constitutional rights (E.D. Tex.), 589
– – – Recomputation of award against hospital for misconduct by nurse (Tex. App.), 1145

– Physician complaints about another's competency, nominal damages for state whistleblower law violation (D. Me.), 1359
– Postpartum hemorrhaging cause of mother's death, jury award against hospital due to blood bank errors (Minn. Dist. Ct.), 1529
– Punitive damages, nursing homes, corporate negligence allegedly led to patient death (Pa. Super. Ct.), 1070
– Remittitur, summary suspension of physician's privileges, compliance with bylaws not shown (Conn.), 723
– Settlement received from maker of off-label device must be set off from medical malpractice award (D.S.D.), 1253
– Sexual abuse of child by minor sibling suspected, new trial for physician on apportionment of award (N.D.N.Y.), 660
– Sexual harassment

– – Medical clinic liable for back pay, compensatory, and punitive damages for actions of owner (5th Cir.), 21
– – Nursing home housekeeper harassed by residents, jury award upheld (7th Cir.), 932
– – Physical therapist's complaints against chiropractor, jury award upheld (8th Cir.), 1235

– Staffing services general contractor liable for negligence of nurse employed by subcontractor (D.N.H.), 220
– Subrogation issues

See SUBROGATION

– Tenn., malpractice claimants may recover amounts paid or payable including Medicaid reimbursements (W.D. Tenn.), 1528

DATABASES AND DATA BANKS

– AMA managed care contract database to help physicians negotiate, 421
– Medicare and Medicaid claims databases, update to help fraud detection, 337

DEATH AND DYING

– Assisted suicide

See ASSISTED SUICIDE

– End-of-life care

See END-OF-LIFE CARE

– Hospice care

See HOSPICE CARE

DEBT COLLECTION

– Bankruptcy issues

See BANKRUPTCY

– Fair Credit Reporting Act preempts privacy claims, debt collector's disclosure to consumer credit agencies (Cal. Ct. App.), 211
– Fin. Accounting Standards Bd., further input on bad debts guidance document, 1757
– Md., acute-care hospitals, new law, 566
– MSP collection practices, discovery outside administrative record (D. Ariz.), 574
– Tenn., collection agency overpayment recovery from physicians time-barred (Tenn. Cir. Ct.), 982; settlement, 1748

DEDUCTIBLES

See COPAYMENTS AND DEDUCTIBLES

DEFAMATION

– Botched facelift allegations, claims, summary judgment for surgeon (S.D. Ind.), 1219
– Foreign medical school's request for injunction to stop former student from posting material on website (E.D. Mich.), 1790
– Hurricane Katrina events article, suit against author and publisher fails (E.D. La.), 354
– Physician can enjoin patient's statements on proof practice affected (Fla. Dist. Ct. App.), 992
– Privileged communications, memorandum from one hospital employee to another discussing doctor's conduct (Pa. Super. Ct.), 1179
– Truth of report to NPDB, claim dismissed (Mich. Ct. App.), 1602

DELAWARE

– Cephalon Inc., dismissal of shareholder derivative suit, marketing oversight (3d Cir.), 1771
– Health insurance rescissions, new law limits post-claims underwriting, 1280
– Noncompete clauses, anesthesiologist, former employer's contract breach suit may proceed (Del. Super. Ct.), 1482
– Research, new law allows disclosure of protected health information, 979
– Stent implant in child, claims dismissed (3d Cir.), 352
– Wilmington-area health system settles FCA allegations (D. Del.), 303
– Wrong-site surgery law, biopsy of wrong organ tissue (Del), 990

DEMONSTRATION PROJECTS

– Cal. bill to extend pilot project to attract doctors to underserved communities, corporate practice of medicine issue, 993
– Medical malpractice reform, grants to develop alternatives, HHS, 881
– Recovery audit contractors (RACs)

See RECOVERY AUDIT CONTRACTORS (RACs)

DENTAL CARE

– Civil rights claim of dentist excluded from Medicare and Medicaid plan rejected (W.D. Pa.), 307
– Corporate practice of medicine, illegal orthodontic practice management agreement, unenforceable (5th Cir.), 1529
– Debt collector's medical data disclosure to consumer credit agencies, Fair Credit Reporting Act preempts privacy claims (Cal. Ct. App.), 211
– Dentsply

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

– ERISA, dentists' state law claims alleging underpayments by insurer preempted (11th Cir.), 28
– Ga., lack of extension of time for incompetent persons to file malpractice claims not unconstitutional (11th Cir.), 315
– HIPAA, N.C., state dental board investigation subpoena of patient records (N.C. Ct. App.), 137
– N.H., Medicaid class action children's dental care settlement, contempt claim fails (D.N.H.), 776
– Racial and sexual harassment, denture firm settles (D. Mass.), 801
– RICO claims processing suit, dentists failed to adequately allege conspiracy (11th Cir.), 719
– Sedated dental procedures, inadequate warnings by suppliers of protocols and manuals alleged cause of death (E.D. Mo.), 1790
– Teeth-whitening by nondentists banned, N.C. dental board order challenged (FTC), 863
– Tex. Dental Ass'n working conditions, illegal discharge, settlement (NLRB), 1028

DEVELOPMENTAL DISABILITIES

See MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES

DIABETES

– Avandia, marketing as “wonder drug,” suit by Utah attorney general (Utah Dist. Ct.), 1592
– California

– – Insulin injections by unlicensed school staff (Cal. Ct. App.), 839; review granted (Cal.), 1387
– – Mandated coverage, insurer liability for failure to pay for medically necessary items (N.D. Cal.), 1322

– Desmopressin acetate tablets, direct purchasers challenging patent have standing to pursue monopolization claim (U.S., rev den), 897

DIALYSIS

See END-STAGE RENAL DISEASE (ESRD)

DISABLED PERSONS

See also REHABILITATION ACT
– ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– Ariz., around-the-clock home care of disabled cut, injunction denied (D. Ariz.), 1030
– California

– – Adult day care, preliminary injunction bars changes to eligibility criteria (N.D. Cal.), 346
– – Religious health care facility not exempt from compliance with state discrimination and disability access laws (S.D. Cal.), 726

– Colo., Medicaid in-home attendant care cuts (Colo. Dist. Ct.), 77
– N.Y., traumatic brain injury program Medicaid recipients challenge transition to new service providers, TRO denied (N.D.N.Y.), 214
– “Reasonable promptness” in Medicaid Act applies to funding not provision of specific services (D.S.C.), 181

DISCIPLINARY ACTIONS

– California

– – Chiropractor, “excessive treatment” discipline by licensing board (U.S., rev den), 1659
– – Internet posting of information about former physician (Cal. Ct. App.), 606
– – Revival of case settled by stipulation 5 years ago refused (Cal. Ct. App.), 386

– Colo., sanction based on substandard care for surgical patients (U.S., rev sought), 74; (rev den), 280
– Fines

See CIVIL MONETARY PENALTIES (CMPs); PENALTIES

– Laches, delay in disciplining doctor for alleged sexual abuse shows prejudice (Iowa Ct. App.), 73
– License suspension or revocation

See LICENSES AND LICENSING

– Md., failure to disclose medical malpractice suit to medical board, reprimand (Md. Ct. Spec. App.), 1750
– Spoliation of evidence, sanction (Ga. Ct. App.), 541

DISCLOSURE

See also DISCOVERY; REPORTING REQUIREMENTS
– Abortion, detailed information requirement, prerecorded telephone message barred, Tex. Atty. Gen. opinion, 1365
– Chiropractors, records of nonpatient subpoenaed by licensing board must be produced (Ariz. Ct. App.), 103
– CIAs, reports prepared by hospital to demonstrate compliance with Medicare and Medicaid (Tenn. Ct. App.), 1516
– Colo., new laws require information from doctors, certain drugmakers, and health care facilities, 844
– Common interest doctrine, change-in-control transactions, BNA Insights, 1618
– Conn., new law expands medical error disclosure and whistleblower protections, 953
– Doctor-patient privilege

See PRIVACY AND CONFIDENTIALITY

– Drug enforcement records admissible in proceeding against physician (Ky. Ct. App.), 1562
– ERISA venue, fiduciary seeking declaratory judgment that it complied with disclosure requirements (E.D. Mo.), 1707
– Financial ties between doctors and industry, senators urge HHS to provide clear guidance, 1596
– FOIA

See FREEDOM OF INFORMATION ACT (FOIA)

– Grand jury subpoena, claims against hospital for disclosure of medical records allowed (N.D. Ohio), 215
– Informed consent

See INFORMED CONSENT

– Medical errors, study finds fewer lawsuits, 1190
– Nursing homes, lower penalties for self-reported violations, proposed rule, 984
– Pa., right-to-know law, nursing home access to health department inspection documents denied (Pa. Commw. Ct.), 1326
– Plan documents, plan administrator's failure to do enough to help participant, penalty (W.D. Wis.), 1354
– Price transparency

See LEGISLATION, FEDERAL, HR 2249, HR 4700, HR 4803

– ProMedica Health Sys./St. Luke's Hosp./Paramount Health care, FTC needs documents for review (N.D. Ohio), 1454
– Stark law violations

– – AHA calls for 2-track process, 1021
– – CMS self-referral disclosure protocol, 1351

– – – Reduced repayment possible, deadline suspension, 1382
– – – Risks considered, BNA Insights, 1400

– – Physician self-disclosure protocols, cardiologists urge rapid release, 644

– Strike force seeks real-time access to CMS data, 490
– Tax-exempt hospital, IRS voluntary disclosure coordinator, 1439
– Tenn., stroke registry act bars revealing of hospital identity, state attorney general, 647
– Wis., health care providers must disclose cost of common procedures, 394

DISCOUNTS

– Anti-kickback laws

– – Financial arrangements between Medigap policy providers and hospital networks, advisory opinion, 303
– – Medigap insurer's proposal for contracts with hospitals, advisory opinion, 1382

– Antitrust law

– – Anticoagulant maker, suit by competitor's exclusive distributor (D.N.J.), 1161
– – Catheter maker, bundled discounts to GPOs, no injury to hospital (8th Cir.), 1206; rehearing granted, 1481
– – Drug discount program, statutory exemption, advisory opinion, 929
– – Robinson-Patman Act, non-profit institutions exemption, proposed prescription program, FTC advisory opinion, 1208

– Children's hospitals, 340B program discounts

See LEGISLATION, FEDERAL, HR 5712

– Collateral source rule

See EVIDENCE

– Medical bills and proof of write-offs allowed to show value of medical services (Mass.), 1069
– Most favored nation clauses probe, 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
– R.I., discount medical plans, marketing standards, new law, 939

DISCOVERY

– Auto insurer's review of assigned claims, discovery on providers' billing practices limited (N.J. Super. Ct. App. Div.), 1459
– Denial of benefits, conflict of interest discovery after Glenn, BNA Insights, 1149
– Doctor-patient privilege bars release of nonparty patient records (S.D. Ind.), 607
– E-mails, memoranda, and reports must be produced, firing allegedly due to complaints about nursing errors (N.C. Ct. App.), 913
– Elder abuse, SNF employee job records subject to discovery (Cal. Ct. App.), 652
– Electronic health records, impact on malpractice litigation, 1265
– 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
– – Informal interviews with nonparty physicians, HIPAA bar (Mo.), 1278
– – Patient interviews by plaintiff's counsel in qui tam suit (N.D. Ill.), 975
– – Treating physicians (Tenn. Ct. App.), 1037

– Florida

– – Constitutional amendment granting patients access to records on adverse incidents, abstention (M.D. Fla.), 506
– – Hospital says not adverse incident, records must be disclosed (Fla. Dist. Ct.), 1356
– – Podiatrist license disciplinary action, subject may obtain expert's investigation records (Fla. Dist. Ct.), 1357

– HIV blood testing of nonparties, data based on review of tests barred (Cal. Ct. App.), 1463
– Inadvertent production of quality assurance documents, waiver of federal and state privileges (D. Alaska), 1143
– Injuries to child, records of state social services agency subject to subpoena (D. Md.), 659
– Justice Dept. memos cited by prospective government expert witness must be produced in false claims suit (D. Idaho), 208
– Medication error reports, nursing home must produce redacted copies (N.D. Ohio), 813
– MSP collection practices, information outside administrative record (D. Ariz.), 574
– “Operational conversations” between non-attorneys not privileged, discovery allowed in kickbacks qui tam suit (S.D. Ohio), 22; settlement, 208
– Original source, False Claims Act

See FALSE CLAIMS

– Peer review privilege

See generally PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– Structural conflicts of interest

– – Dual role administrators, issues persist, 125
– – Limited discovery allowed (D. Neb.), 679
– – Stem cell transplant denial (D. Neb.), 456

– Treating physician as expert, hospital must disclose correspondence with plaintiff's attorney (Pa. Super. Ct.), 1353
– Under arrangements pharmacy goods provider suit against SNFs that failed to pay, discovery order (D. Utah), 1215
– Vt., doctors may be questioned about ordinary course of business review of misdiagnosis death (D. Vt.), 250
– Voluntarily dismissed direct purchaser class representative, compliance with order (E.D. Pa.), 1054

DISCRIMINATION

– ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– Age

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Disabled persons

See AMERICANS WITH DISABILITIES ACT (ADA); DISABLED PERSONS; REHABILITATION ACT

– Fed. Contracts Compliance Program Office jurisdiction expanding to cover hospital and health care systems, 1093
– GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– National origin

See NATIONAL ORIGIN DISCRIMINATION

– Pregnancy

See PREGNANCY DISCRIMINATION

– Race or ethnicity

See RACIAL OR ETHNIC DISCRIMINATION

– Religious

See RELIGIOUS DISCRIMINATION

– Sex

See SEX DISCRIMINATION

– Sexual orientation

See SEXUAL ORIENTATION DISCRIMINATION

DISINFECTION

– Hepatitis outbreak due to multidosing of injected anesthesia, jury award (Nev. Dist. Ct.), 693
– Sterilization, expert testimony inadequate to support summary judgment (Tenn. Ct. App.), 353

DISPROPORTIONATE SHARE HOSPITALS (DSHs)

– Appeals, payment adjustments, CMS rule, 687
– Dual eligibles who exhausted Medicare Part A, CMS improperly excluded from calculation (W.D. Mich.), 537
– Erroneous payment determinations, equitable tolling claims fail (D.D.C.), 348
– Exclusion of services for low-income patients covered by Ariz. program (9th Cir.), 1358
– Jurisdiction, court cannot compel HHS to reopen determinations (D.C. Cir.), 654
– N.J. charity care program patient days exclusion upheld (3d Cir.), 1524
– Payment cuts

See LEGISLATION, FEDERAL, HR 4872

– State-owned hospitals receive most payments, report, 994

DISTRICT OF COLUMBIA

– Consulting physician for nurse-midwives owed no duty of care to obstetrical patient (D.C.), 419
– Early and periodic screening, diagnostic, and treatment services for children settlement, city waited too long to seek relief alleging change of law (D.D.C.), 1140
– Medicaid

– – Medicaid Act, no private right of action to recover adjustments wrongfully collected from estate of recipient (D.C.), 940
– – Pre-eligibility medical expenses incurred by nursing home residents, settlement (D.D.C.), 1217

– PBMs, statute preempted by ERISA (D.C. Cir.), 981

DME

See DURABLE MEDICAL EQUIPMENT (DME)

DMEPOS (DURABLE MEDICAL EQUIPMENT, PROSTHETICS, ORTHOTICS, AND SUPPLIES)

See generally DURABLE MEDICAL EQUIPMENT (DME)

DOCTOR-ASSISTED SUICIDE

See ASSISTED SUICIDE

DRUGS AND PHARMACEUTICALS

– Abbott, B. Braun, and Roxane Lab. price inflation settlements announced, 1696
– Anti-kickback and false claims changes, impact on industry, 1094
– Antitrust issues

See ANTITRUST

– Arthritis pain injections, labels in Turkish, doctor and clinic fined (Tex. Dist. Ct.), 1606
– Cephalon Inc., dismissal of shareholder derivative suit, marketing oversight (3d Cir.), 1771
– Children's hospitals, 340B program discounts

See LEGISLATION, FEDERAL, HR 5712

– Elan, promotion of Zonegran, settlement, 1779
– Exclusion of drug company executives upheld (D.D.C.), 1774
– Financial ties between doctors and industry, senators urge HHS to provide disclosure guidance, 1596
– Generic drugs

See GENERIC DRUGS

– GlaxoSmithKline

– – Adulterated drugs charges, settlement (D. Mass.), 1485
– – Prosecution of former in-house counsel, false statement and obstruction of justice charges (D. Md.), 1769

– Inflated prices for drugs sold to military treatment centers, settlement, 976
– IUDs not approved by FDA, Tex. Atty. Gen. seeks injunction (Tex. Dist. Ct.), 1497
– Johnson & Johnson, government FCA suit for Omnicare kickbacks (D. Mass.), 97
– K-V Pharmaceutical Co., former board member excluded from participation in federal programs, 1638; preview of “things to come,” IG official says, 1694
– Kos Pharmaceuticals settles kickback and marketing allegations (M.D. La.), 1743
– Medicaid

See MEDICAID DRUG COVERAGE

– Merck & Co. investors' suit alleging Vioxx misrepresentations timely (U.S., judg), 663
– N.Y., agreement to stop pharmaceutical waste discharges into watershed, 109
– Obstruction of justice and false claims, Forest Pharmaceuticals agrees to pay to resolve criminal and civil liability (D. Mass.), 1313
– Off-label use

See OFF-LABEL USE

– OTC

See OVER-THE-COUNTER PRODUCTS

– Pfizer Inc./Wyeth Inc. merger, pharmacists' challenge dismissed (N.D. Cal.), 596
– Prescription drugs

See PRESCRIPTION DRUGS

– Schering-Plough/Merck merger, settlement of shareholder class action approved (D.N.J.), 511
– Schwarz Pharma agrees to pay, false reports about regulatory status of 2 drugs, 645

DSHs

See DISPROPORTIONATE SHARE HOSPITALS (DSHs)

DUAL ELIGIBLES

– DSHs, CMS improperly excluded patients from calculation (W.D. Mich.), 537
– Ga., WellStar agrees to repay excessive Medicaid reimbursements, 1275
– Pa., Medicare Savings Program enrollment delays (E.D. Pa.), 606
– Prescription drugs, financial relief to states from HHS, 285

DUE PROCESS

– Chiropractor, “excessive treatment” discipline by Cal. licensing board (U.S., rev den), 1659
– Demoted former university school of medicine administrator's claims fail (4th Cir.), 131
– Doctor's removal from chair position, no civil rights violation (5th Cir.), 1692
– Florida

– – New law to eliminate illegal “pill mills” (N.D. Fla.), 1396
– – Noneconomic damages cap

– – – Constitutionality upheld (M.D. Fla.), 1394
– – – Retroactive application (Fla. Dist. Ct. App.), 350

– Medical malpractice settlements, filing required notices no breach of doctor's constitutional rights (7th Cir.), 1164
– NPDB final rule includes protections, 193
– Part B fee schedule, failure to revise, Cal. counties may pursue claims (9th Cir.), 1435
– Peer review action lasting nearly 9 years, dismissal of doctor's due process claims (E.D. Cal.), 877
– Physician suspended for allegedly distributing pain medication illegally, no violation (N.D. Cal.), 1493
– Substantive, refusal of medical school director to provide peer review information to another hospital (U.S., rev den), 79

DURABLE MEDICAL EQUIPMENT (DME)

– Final rule, compliance with all laws, minimum physical space, and bars contracting with outside entities, 1249
– Nonprofit charitable foundation created to help people with coagulation disorders, advisory opinion, 1384
– Telemarketing calls to beneficiaries improper, IG notice, 95