Health Law Reporter Index-Summary

FAIR LABOR STANDARDS ACT (FLSA)

– Overtime

FALSE CLAIMS

– After hours visits billing, Conn. pediatric practice settles FCA claims, 770
– “Aggressive” enforcement promised by DOJ official, 804
– Ala., opposition to CMS requirement to return federal share of recovered Medicaid money (M.D. Ala.), 505
– Ambulance companies pay to settle claims (E.D.N.Y.), 809
– Appeal time, retroactive application of decision (U.S., rev den), 1381
– Arbitration clause in employment contract binds relator (N.D. Ohio), 1234
– Attorney accused of false certification, former Tenet general counsel, notice of intention to dismiss as time-barred (S.D. Fla.), 496; dismissed, 597
– Behavioral health care provider's employment of excluded individuals, 336
– Blood gas test interpretations allegedly not performed, Tex. hospital agrees to pay, 24
– Cardiac diagnostic services, settlement (C.D. Cal.), 976
– CHRISTUS Health Sys. settlement (C.D. Cal.), 1423
– Common interest doctrine, change-in-control transactions, BNA Insights, 1618
– Compliance burden, problems for defense counsel, 493
– Conn. hospital overbilling for infusion therapy, chemotherapy, and blood transfusion, settlement, 274
– Del. health system settles allegations (D. Del.), 303
– Dental management company services to low income children (D. Md.), 135
– Drugs and pharmaceuticals

– – Actavis agrees to pay Mass. to settle inflated prices suit (D. Mass.), 380
– – Enforcement changes, impact on industry, 1094
– – Forest Pharmaceuticals agrees to pay to resolve criminal and civil liability (D. Mass.), 1313
– – Generic drugs billed as brand name, sentence of pharmacy and pharmacist includes restitution to health plans (D.N.J.), 1097
– – Human growth hormone, off-label marketing and kickbacks alleged (D. Mass.), 1312
– – 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
– – Marinol, qui tam action dismissal upheld, failure to identify claim linked to off-label marketing (U.S., rev den), 866
– – McKesson agrees to pay Conn. to settle inflated prices suit (D. Mass.), 1485
– – Mylan settles drug pricing case (D. Mass.), 1594
– – Nitroglycerin SR no longer eligible for Medicaid and Tricare reimbursement, manufacturer settles (D. Mass.), 274
– – Novartis off-label marketing of Trileptal, settlement, 1385
– – Omnicare Inc.

– – – Government FCA suit against pharmaceutical company (D. Mass.), 97
– – – Mass. and Mich. Medicaid, FCA settlement (N.D. Ill.), 1314
– – – Nursing home chains agree to pay to resolve claims they solicited kickbacks (D. Mass.), 303

– – OxyContin marketing, former sales manager qui tam relator (4th Cir.), 449; (U.S., rev sought), 1274; cases pending as new term begins, 1307; (rev den), 1421
– – Prescriptions redispensed, LTC pharmacy company agrees to pay to settle FCA allegations (D. Md.), 1696
– – Protonix, Wyeth accused of overcharging Medicaid by fraudulent price reporting, 17 more states join case (D. Mass.), 712
– – Raplon whistleblower dismissal upheld (3d Cir.), 235
– – Schwarz Pharma agrees to pay, false reports about regulatory status of 2 drugs, 645
– – Seroquel off-label uses, AstraZeneca agrees to pay, 598
– – Solvay off-label marketing alleged, documents from state-issued investigative demands, use by qui tam relators (S.D. Tex.), 1058
– – TOBI, Novartis settles FCA allegations, 644
– – Topamax, Johnson and Johnson agrees to pay to resolve allegations, 645
– – Watson Pharmaceuticals agrees to pay Mass. to settle inflated prices suit (D. Mass.), 237

– Evaluation and management of cardiology patients overbilling alleged, Genesys Health Sys. agrees to pay, 24
– Ex parte patient interviews by plaintiff's counsel in qui tam suit (N.D. Ill.), 975
– Exactech agrees to corporate compliance and monitoring, deferred prosecution agreement (D.N.J.), 1743
– Excluded employee, Conn. SNF agrees to pay for improper billing, 713
– Excluded owner, failure to disclose on enrollment application of medical center, overpayment recoupment not punitive (11th Cir.), 1218
– Failure to file qui tam case under seal, dismissal (6th Cir.), 1422
– False certifications to Medicare, FCA suit dismissal for insufficient pleading (9th Cir.), 1134; (U.S., rev sought), 1483
– False diagnosis codes, Fla. MA company and owners agree to pay to settle FCA claims (S.D. Fla.), 1640
– “Falsity,” speakers debate differing views, 807
– Floating Hospital settles improper billing claims (S.D.N.Y.), 809
– FOIA documents do not automatically bar qui tam action (U.S., amicus brief filed), 1695
– Foot care not covered by Medicare, Mo. hospitals agree to pay to settle FCA charges, 1696
– Greater Cincinnati Health Alliance

– – Cardiac patient referrals, settlement (S.D. Ohio), 743
– – Preferential referrals settlement, 829

– Home dialysis supplies and equipment, repayment of $19.3M (M.D. Tenn.), 450
– Hospital admissions allegedly unreasonable and unnecessary, Minn. hospital and physician agree to pay (D. Minn.), 24
– Hospital compensation to anesthesia group practice in exchange for facility fees, trial ordered in qui tam case (M.D. Pa.), 494
– Inflated charges, Cal., nonprofit hospital settles charges (S.D. Cal.), 1313
– Infusions overbilling, S.D. hospitals agree to pay to settle allegations, 1697
– Justice Dept. memos cited by prospective government expert witness must be produced (D. Idaho), 208
– “Knowingly” Pa. hospital and physicians, Stark and anti-kickback law violations (W.D. Pa.), 1591
– Kos unit of Abbot settles kickback and off-label marketing allegations (M.D. La.), 1743
– Kyphoplasty, Medicare overcharging, hospitals settle claims, 712
– Lymphatic therapy clinic, whistleblower fails to provide Medicare billing fraud details (11th Cir.), 271
– Md., hospital agrees to pay to resolve allegations of payments to cardiology group (D. Md.), 1594
– Md., new whistleblower law, 564
– Medicaid contractors not obliged to seek reimbursement in medical malpractice cases before obtaining federal reimbursement (8th Cir.), 1095
– Medical devices

– – Cochlear implant maker settles kickback allegations (D. Colo.), 829
– – Enforcement changes, impact on industry, 1094
– – Intravenous fluid pump defect, opportunity for qui tam relator to amend complaint (5th Cir.), 1515
– – Medtronic Sofamor Danek, prior public disclosures (1st Cir.), 1311
– – Pacemaker products, ELA Med. Inc. settles qui tam suit (S.D. Fla.), 1517
– – St. Jude Medical kickbacks alleged

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

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

– Mistakes and errors targeted by investigations, AHA letter, 1272; further discussions with Justice Dep't, 1742
– N.J., state law amended to increase Medicaid fraud recoveries, 134
– N.Y., new law strengthens protections, 1210
– North Shore-Long Island Jewish health system settlement approved (S.D.N.Y.), 1275
– “Operational conversations” between non-attorneys not privileged, discovery allowed in kickbacks qui tam suit (S.D. Ohio), 22; settlement, 208
– Original source

– – Corporation as relator (D. Mass.), 207
– – Disclosures made in state and local forums (U.S.), 447
– – Raplon whistleblower dismissal upheld (3d Cir.), 235
– – Tagalong case (U.S., rev sought), 59; Solicitor General input requested, 272; (rev den), 865

– Outlier payments

See generally OUTLIER PAYMENTS

– Parent company dismissed, no proof of involvement in subsidiaries' juvenile psychiatrist facility alleged Medicaid reimbursement scheme (W.D. Va.), 1096
– Payments for referrals alleged, Tulsa hospital settles claims, 24
– Physician compensation arrangements, jury finds hospital violated Stark law but not FCA (D.S.C.), 530; interlocutory appeal of new trial order denied (4th Cir.), 1516
– Podiatrist, settlement (S.D.N.Y.), 135
– PPACA

– – Government enforcement ability strengthened, 491
– – Implications of key provisions, BNA Insights, 1115

– Private qui tam provision, speaker questions fairness, 805
– Quality, U.S. intervention in qui tam suit alleging medically substandard and unnecessary services by staff surgeon (S.D. Ga.), 495
– Qui tam lawyers advise providers not to ignore whistleblowers, 273
– Radiation oncology services qui tam case, clinic and physician agree to pay (M.D. Fla.), 451
– Recoveries, FCA judgments in FY2010 of $2.5B, DOJ announcement, 1640
– Rehabilitation therapy minimum hours not met, Mass. hospital settlement, 274
– Related cases settled, chance to refile for relator (7th Cir.), 744
– Rheumatologist billing allegations settlement (D. Conn.), 25
– Rush Univ. Med. Center

– – PATH, unsupervised surgeries alleged, qui tam suit dismissed (N.D. Ill.), 1550
– – Stark Law allegation, settlement (N.D. Ill.), 336

– St. Louis orthopedic clinic settles billings charges, 98
– Simi Valley Hosp., Cal., settlement (C.D. Cal.), 1553
– “Skid Row” recruiting for unnecessary treatment

– – Consent judgment (C.D. Cal.), 134; Intercare Health Sys. joins settlement, 769
– – Former CEO sentenced to prison and restitution (C.D. Cal.), 1275
– – Hospital executive pleads guilty (C.D. Cal.), 236
– – Prison sentence for former co-owner of hospital (C.D. Cal.), 273

– Speech therapy by unqualified aides, suit settles (D. Idaho), 1743
– Spinal decompression qui tam suit, St. Louis-area pain clinic and billing company agree to pay (E.D. Mo.), 336
– State laws, Grassley (R-Iowa) urges review, 645
– Unlicensed chiropractor, penalty for N.J. pain management center and owner (N.J. Super. Ct.), 769
– Unnecessary visits by physicians alleged, home health company agrees to pay, 24
– Unsupervised nurse practitioners allegedly performed procedures, qui tam suit dismissed (9th Cir.), 1776

FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Arbitration clauses, paramedics' suit against ambulance firm may proceed (6th Cir.), 639

FCA (FALSE CLAIMS ACT)

See generally FALSE CLAIMS

FDA

See FOOD AND DRUG ADMINISTRATION (FDA)

FEDERAL AGENCIES

See specific agencies and departments

FEDERAL EMPLOYEES

– FEHBP

See FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP)

– Nurse practitioners' pay bias claim based on PAs wage scale fails (Fed. Cir.), 20
– VA employees

See VETERANS AFFAIRS DEPARTMENT (VA)

FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP)

– State law preemption suit dismissed (U.S., notice), 307

FEDERAL TRADE COMMISSION (FTC)

– Mergers and acquisitions

See generally MERGERS AND ACQUISITIONS

FEDERALLY QUALIFIED HEALTH CENTERS (FQHCs)

– Medi-Cal, centers entitled to reimbursement until CMS approves state plan amendment (E.D. Cal.), 1492
– P.R. agency required to make Medicaid wraparound payments (1st Cir.), 1522

FEES

– Attorneys

See ATTORNEYS' FEES

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

– – Drug makers, comments on fees paid to federal government, 1221
– – Health insurers, annual fee under PPACA, 1792

– Medical records copying

– – Class action dismissed, amended complaint allowed (E.D. La.), 909
– – Handling fee of $20 allowed (Ill.), 415

– Okla. access fee on amount of claims paid by health insurers to help fund Medicaid (Okla.), 1216

FEHBP

See FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP)

FIRST AMENDMENT

– Commercial speech, Vt. law barring sale or use of prescriber-identifiable data unconstitutional (2d Cir.), 1629
– County-funded health facility, fired physician public employee but not speaking about public concern (N.D. Ill.), 1420
– Fewer referrals and “inactive” clinical status for doctor, potential adverse action (2d Cir.), 1523
– Foreign medical school's request for injunction to stop former student from posting allegedly defamatory material on website (E.D. Mich.), 1790
– Grand jury subpoena, claims against hospital for disclosure of medical records allowed (N.D. Ohio), 215
– Health care reform challenge by Ariz. conservative watchdog group (D. Ariz.), 1168
– HITECH challenge dismissed (S.D.N.Y.), 746
– Ill., right-to-work group seeks to invalidate state law allowing unions for home health aides, dismissed (N.D. Ill.), 1658
– Mass e-mail, physician's complains about emergency department staff not protected (Mich. Ct. App.), 1456
– Medical malpractice settlements, filing required notices no breach of doctor's constitutional rights (7th Cir.), 1164
– Organ transplant coordinator's retaliation claim fails because all statements within scope of employment (10th Cir.), 271
– Prescription drug data sales restrictions, Me. law upheld (1st Cir.), 1135
– Public hospitals, retaliation claim of nurse fails (D. Colo.), 334
– Tex. law barring health care providers from contacting accident victims unconstitutional (W.D. Tex.), 463
– Wash., no proof nursing home license suspended due to owner's protected speech (W.D. Wash.), 504

FLORIDA

– Abortion, ultrasound requirement vetoed by governor, 845
– Adverse events

– – 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

– Apparent agency of independent contractor, claim against hospital fails (Fla. Dist. Ct. App.), 1036
– Birth-injury compensation plan

– – Hospital's liability limited by predelivery notice given by doctor (Fla. Dist. Ct. App.), 42; reversed on reconsideration, 615
– – Notice by only one entity inadequate (Fla.), 105

– Comparative negligence, patient who drove home from hospital knew of drug's effects (Fla. Dist. Ct.), 1566
– Controlled substances, new law to eliminate illegal “pill mills” (N.D. Fla.), 1396
– Defamation, physician can enjoin patient's statements on proof practice affected (Fla. Dist. Ct. App.), 992
– Haiti earthquake, expedited licensing for out-of-state nurses to meet shortage, 180
– Health care reform constitutionality challenge

– – Attorneys general from 13 states file suit (N.D. Fla.), 425; White House says suits without merit, 453; Natl. Feb. of Independent Business and 7 more states join case, 714; Okla. governor vetoes bill to authorize suit, 715; motion to dismiss filed, 869; brief on standing filed, 1135; individual mandate and coerced Medicaid expansion claims allowed to proceed, 1460; key aspects discussed at forum, 1487; Fla. Atty. Gen. files motion to declare key portions invalid, 1556; advocacy groups ask to file amici briefs, 1595; dueling briefs filed, BNA Special Report, 1673; correction, 1702; oral argument, 1781
– – Ballot initiative to block insurance mandate rejected (Fla. Cir. Ct.), 1100; removal of amendment upheld (Fla.), 1277
– – Government response to preliminary injunction request (E.D. Mich.), 713; injunction denied, 1425; appeal filed (6th Cir.), 1779
– – Planned by state attorney general, 381

– HMOs

– – Balance billing of subscribers by hospital-based noncontract provider barred (Fla. Dist. Ct.), 212
– – Out-of-network emergency services, no need to pay maximum prices (Fla. Dist. Ct. App.), 309

– Home health agency ownership change denied, purchaser terminated from Medicare (Fla. Dist. Ct.), 1492
– Medicaid drug pricing, Teva agrees to pay, 1022
– MEWAs, no ERISA preemption if insurance purchased by individual (M.D. Fla.), 179
– Noneconomic damages cap

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

– Patient-chosen anesthesiologist, no ASC duty to patient (Fla. Dist. Ct.), 989
– Peer review immunity, tort claims dismissed (M.D. Fla.), 539
– Physician bonuses not paid, class certification reversed (Fla. Dist. Ct. App.), 617
– Podiatrist license disciplinary action, subject may obtain expert's investigative records (Fla. Dist. Ct.), 1357
– Pregnant woman's refusal of medical treatment, state must show compelling state interest for intervention (Fla. Dist. Ct. App.), 1184
– Privacy, AvMed customers class action, theft of laptops with unencrypted information (Fla. Cir. Ct.), 1649
– Public health worker, failure to exhaust remedies or claim retaliation (11th Cir.), 529
– Staff privileges, board certification requirement, motion for reinstatement denied (Fla. Dist. Ct. App.), 1437
– Subrogation, state law requiring insurer to share in costs of obtaining settlement trumps policy provision (Fla. Dist. Ct.), 680

FLSA (FAIR LABOR STANDARDS ACT)

– Overtime

See OVERTIME

FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

FOIA

See FREEDOM OF INFORMATION ACT (FOIA)

FOOD AND DRUG ADMINISTRATION (FDA)

– Health IT products and patient safety, Grassley (R-Iowa) asks about agency role, 304

FOR-PROFIT CONVERSIONS

See also MERGERS AND ACQUISITIONS
– Caritas Christi Health Care sale

– – Acquisition by private equity firm, 462
– – Approved by Mass. Atty. Gen., 1439
– – Court approval (Mass.), 1530

– For-profit insurer forced to defend use of charitable assets acquired in merger must treat costs as capital expenditures (7th Cir.), 465

FOURTEENTH AMENDMENT

– Administrative subpoena to search chiropractor's office, state board official not liable (10th Cir.), 721
– Equal protection

See EQUAL PROTECTION

– Public hospitals, retaliation claim of nurse fails (D. Colo.), 334
– “State actor” claim of dentist excluded from Medicare and Medicaid plan rejected (W.D. Pa.), 307

FOURTH AMENDMENT

– Administrative subpoena to search chiropractor's office, state board official not liable (10th Cir.), 721
– Missing surgical equipment, search of departing surgeons' lockers reasonable (10th Cir.), 910
– Patient files from office of Tenn. pediatrician indicted on health care fraud charges, warrants sufficient (6th Cir.), 840

FQHCs

See FEDERALLY QUALIFIED HEALTH CENTERS (FQHCs)

FRAUD AND ABUSE

– Ed. Note: This heading is restricted to fraud in government programs or by participating organizations. For fraud against private programs, see HEALTH INSURANCE FRAUD.
– ACOs

– – Structuring challenges, 933
– – Waivers, AHLA options, 1554

– Anti-fraud bill incorporating provisions from Senate-passed reform bill

See LEGISLATION, FEDERAL, S 2964

– Fraud strike forces

See INVESTIGATIONS

– FY2011 budget seeks more enforcement funding, 173
– Health care reform

– – PPACA

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

– – Proposals

See HEALTH CARE REFORM, FEDERAL

– Honest-services fraud limited to bribery and kickbacks, 3 cases (U.S.), 899
– Identity theft

See IDENTITY THEFT

– Individuals will be pursued as aggressively as companies, DOJ official, 1484
– Medicaid fraud

See MEDICAID FRAUD

– Medicare fraud

See MEDICARE FRAUD

– Outlook 2010, top health law issues, 5
– Prosecution of former drug company in-house counsel, false statement and obstruction of justice charges (D. Md.), 1769
– RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Stark laws

See SELF-REFERRALS

– Taxes, deductibility of civil fraud settlement (D. Mass.), 954

FREEDOM OF INFORMATION ACT (FOIA)

– FCA, FOIA documents do not automatically bar qui tam action (U.S., amicus brief filed), 1695
– Medicare claims records, nonprofit consumer magazine may not obtain documents (U.S., rev den), 574

FTC

See FEDERAL TRADE COMMISSION (FTC)