Health Law Reporter Index-Summary

GENERIC DRUGS

– Actavis agrees to pay Mass. to settle inflated prices suit (D. Mass.), 380
– Billed as brand name, sentencing of pharmacist (D.N.J.), 1097
– Fentanyl pain patches allegedly defective, fraudulent joinder of pharmacy (S.D.N.Y.), 290
– Flonase, delay of generic alleged

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

– Idaho, Sandoz average wholesale prices settlement (Idaho Dist. Ct.), 1459
– Modafinil market exclusivity, subpoena of executive, first-filer rights (D.D.C.), 1738
– Pay-for-delay

– – Ban proposed

See LEGISLATION, FEDERAL, HR 3962, HR 4899

– – Cipro patent litigation, direct purchasers (2d Cir.), 1267
– – FTC analysis, 93
– – Reverse payments, CVS, Rite Aid, and other purchasers call practice anticompetitive (U.S., rev sought), 1737
– – 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

– Pharmacies, Medicaid prescriptions, CMS proposal to withdraw parts of controversial rule, 1284
– TriCor, competition-blocking antitrust suit settles (D. Del.), 64
– Upper limits for multiple source drugs, CMS final rule withdraws Medicaid reimbursement provisions, 1598
– Watson Pharmaceuticals agrees to pay Mass. to settle inflated prices suit (D. Mass.), 237

GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– Equal Employment Opportunity Comm'n, final rule, 1557
– HHS will release final rules in 2011, 1745

GENETICS AND BIOTECHNOLOGY

– Antitrust, cancer treatment tying allegations, direct purchaser exception denied (D.N.J.), 827
– Blood products

See BLOOD AND BLOOD PRODUCTS

– GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– Iowa, new nondiscrimination law, 604
– Minn., newborn blood samples for DNA screening, privacy claims (Minn. Ct. App.), 1243
– Off-label marketing, Stryker Biotech settles allegations (Mass. Super. Ct.), 1241

GEORGIA

– Any willing provider law, plan cannot bar physician group from networks, insurance commissioner, 535
– At-will employment, race discrimination not shown as exception (11th Cir.), 1420
– Attorney general refuses governor's request to challenge health reform law, 453
– “Gross negligence” burden of proof for malpractice claims against emergency and obstetrics care providers does not violate state constitution (Ga.), 390
– HCQIA, antitrust claims against hospital, officials, and staff members barred (M.D. Ga.), 1286
– HIPAA, ex parte communications with plaintiff's treating physician subject to protective order (Ga.), 811; state law applies to discovery, 1603
– Medicaid crossover claims, WellStar agrees to repay state for excessive reimbursements, 1275
– Mental health treatment system, reorganization to emphasize community-based settings, settlement (N.D. Ga.), 1467
– Noneconomic damages cap violates state constitution (Ga.), 418; overview of recent rulings, 589
– Prompt pay, bill requiring third-party administrators of self-insured plans to comply vetoed, 836
– Provider revenue tax on hospitals to cover Medicaid shortfall, 726
– Spoliation of evidence, sanction (Ga. Ct. App.), 541
– Statutes of limitations, lack of extension of time for incompetent persons to file malpractice claims not unconstitutional (11th Cir.), 315

GIFTS

– Continuing care retirement community operator, gift cards for referrals, advisory opinion, 769
– Financial ties between doctors and industry, senators urge HHS to provide disclosure guidance, 1596

GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

GPOs

See GROUP PURCHASING ORGANIZATIONS (GPOs)

GRADUATE MEDICAL EDUCATION (GME)

– ADA, hospital accommodation of medical resident with Asperger's disorder (6th Cir.), 1739
– Excessive hours complaint, bias claims of dismissed resident allowed (W.D. Va.), 865
– FICA taxes

– – Exception allowed for pre-April 2005 claims, IRS, 319
– – Notifications to hospitals related to refund claims, IRS, 1188
– – Partial attorneys' fee award (8th Cir.), 1114
– – Proving claims after IRS decision, 331
– – Stay pending Supreme Court ruling denied (Fed. Cl.), 1670
– – Stipends paid to medical residents working more than 40 hours per week (U.S., amicus brief), 291; (rev grant), 783; (amicus brief filed), 1187; cases pending as new term begins, 1307; (oral arg), 1545
– – Time for teaching hospitals to review refund claims, BNA Insights, 1191

– Foreign medical school's request for injunction to stop former student from posting allegedly defamatory material on website (E.D. Mich.), 1790
– Full-time equivalent (FTE) resident caps, temporary adjustment after hospital closure (3d Cir.), 753
– Hours of work for residents, consumer and health advocates petition Occupational Safety and Health Admin., 1271; AHA opposes petition to limit hours of residents, 1666
– Immunity for private school medical resident at public hospital (Tex.), 689
– Indirect medical education (IME), Ill. hospital entitled to payment for research activities by residents (7th Cir.), 1248
– Intern discharged as unqualified, no ADA violation (4th Cir.), 378
– Maximum duty hours, proposed work standards for medical residents, 918
– PATH

See PHYSICIANS AT TEACHING HOSPITALS (PATH)

– Redistribution of unused residency slots, proposed rule, 945
– Resident training costs reimbursement, failure to claim affiliated group status for full-time equivalents (N.D. Cal.), 1142
– Rural hospitals, sequential geographic methodology for calculating Medicare reimbursements for residency programs (9th Cir.), 1106
– State medical board's listing of resident's temporary training license as disciplinary action (1st Cir.), 750
– Teaching hospitals

See TEACHING HOSPITALS

– Unions, St. Barnabas Hosp., election among interns and residents (NLRB), 837

GRANTS

– County funding for county emergency operations center, advisory opinion, 867
– Health information exchanges, regional IT centers, and job training, 238
– Health insurance exchanges, “early innovator” funds, HHS announcement, 1519
– Malpractice reform, funds to develop alternatives, HHS, 881
– Nonprofit charitable foundation created to help people with coagulation disorders, advisory opinion, 1384
– Premium increases, funds for state rate reviews, HHS, 1174
– Researcher exclusion, sexual harassment reporting retaliation claim (6th Cir.), 171

GROUP PURCHASING ORGANIZATIONS (GPOs)

– Catheter maker, bundled discounts to GPOs, no antitrust injury to hospital (8th Cir.), 1206; rehearing granted, 1481
– Code of conduct changes, concerns, reports, 1347
– Cost savings

– – Debate among key industry associations, 1417
– – Govt. Accountability Office finds little support, 320

– Sharps disposal container maker accused of monopoly, settlement (D. Mass.), 127