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Vol. 19, Nos. 1-49, pp. 1-1800 Jan. 7 - Dec. 23, 2010 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
H1N1 VIRUS
Outlook 2010, top health law issues, 5
Proposed CMS guidance, 906
Earthquake, Fla. expedited licensing for out-of-state nurses to meet shortage, 180
Premerger filings
See generally MERGERS AND ACQUISITIONS
Medicaid managed care mandated enrollment for aged, blind, or disabled (D. Haw.), 76
Civil Rights Office, HIPAA security rule enforcement, 716
Consumer Information and Insurance Oversight Office established, 664; Fowler appointment, 1023 FY2011 budget
Department will seek no more funding despite health reform, 598
Health IT funding increase sought, 176 Medicare fraud strike force expansion sought, 173
HIPAA rule changes, 599
PPACA implementation, 1782
See also PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)
Key provisions, BNA Special Report, 471 Medical device tax repeal
See also PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)
Immunity
Adverse patient events not shown, removal from call schedule not unreasonable (M.D. Fla.), 1526
After-acquired evidence basis for upholding suspension (E.D. Mich.), 185 Cal., physician suspended for allegedly distributing pain medication illegally, no private right to sue (N.D. Cal.), 1493 Cardio-thoracic surgeon suspended prior to hearing (U.S., rev den), 105 Defense raised late, summary judgment for defendants upheld but fees and costs denied (N.D. Cal.), 949 External peer review, no privilege for adverse action without notice (D. Colo.), 1599 Ga., antitrust claims against hospital, officials, and staff members barred (M.D. Ga.), 1286 N.M., hospital failed to do reasonable fact-finding (N.M. Ct. App.), 151 Ohio, immunity applies to parties who revoked disruptive doctor's privileges (N.D. Ohio), 313 Refusal of medical school director to provide peer review information to another hospital (U.S., rev den), 79 Reliance on report from another facility, hospital immune from damages (Ind. Ct. App.), 389 Washington
Committee members entitled to protection, OB/GYN fails to present material fact issues (Wash. Ct. App.), 40; (U.S., rev sought), 1468; (rev den), 1663
Physicians involved in peer review (Wash. Ct. App.), 613
Abortion, ban on use of federal funds, executive order, 464
Accountable care organizations (ACOs) Changes to HR 3590, reconciliation bill Constitutionality challenge Fraud and abuse House Democrats considering options, hope to narrow strategy soon, 135 House-passed bill Market competition and anticompetitive behavior, BNA Insights, 395 New Obama proposal, 275; some GOP ideas acceptable, 304 Obama urges Congress to finish job, 209 Outlook 2010, top health law issues, 5 Payment and delivery system reform, BNA Insights, 255 Premiums will continue rising, Obama calls for action, 337 Reconciliation bill, House Democrats waiting for final language and cost data, 381 Senate Democrats considering options, 135 Senate-passed bill Summit, Obama invites lawmakers, 237 White House-industry deals, House panel resolution seeks records, 135
Fair share laws
See ERISA
Grants to fund state health information exchanges, 238
Ill., governor signs law authorizing exchange, 1104 Privacy issues, R.I. suit challenges state implementation (R.I. Super. Ct.), 943 White House advisers' report on facilitating data exchange, 1744
See also specific states
Antitrust issues
See generally ANTITRUST
Assignment of benefits Cancer-only insurance policies
Actual charges, retroactive application of S.C. law (4th Cir.), 239
Class certification and injunction (M.D. Tenn.), 30 Okla. actual charges law applies prospectively (W.D. Okla.), 904 Continuation coverage
See ERISA
See ERISA
GINA Medical loss ratio Mini-Meds, Sen. Rockefeller says limited benefit plans give false security, 1700 Okla. access fee on amount of claims paid by health insurers to help fund Medicaid (Okla.), 1216 Premiums and rates
See RESCISSION
Small businesses
See generally SMALL BUSINESSES
Subrogation
See SUBROGATION
Early innovator grants, HHS announcement, 1519
Auto insurers
Allstate claims against providers may proceed (E.D.N.Y.), 1549
Review of assigned claims, discovery on providers' billing practices limited (N.J. Super. Ct. App. Div.), 1459 State Farm suit against health care providers, award modified (E.D. Pa.), 808 N.J. pharmacy and pharmacist, sentence includes restitution to health plans (D.N.J.), 1097 Scams in wake of health care reform, Sebelius urges states to take action, 498 Unlicensed chiropractor, penalty for N.J. pain management center and owner (N.J. Super. Ct.), 769
Final rules, HHS will release in 2011, 1745
HITECH Act
See HITECH ACT
Background, HHS official, 1702
Breach notification, HHS progress on omnibus package of regulations, 454 Celebrity patients, former hospital worker pleads guilty (C.D. Cal.), 68 CVS Caremark, alleged mishandling of protected health information to injure independent retail pharmacies (S.D. Tex.), 1431 Disclosure for treatment purposes by physician no violation (Tenn. Ct. App.), 382 Discovery, ex parte patient interviews by plaintiff's counsel in qui tam suit (N.D. Ill.), 975 Disposal of prescriptions and labeled pill bottles, Rite Aid settles allegations, 1060 Facebook posting, medical technician fired, 1172 Final rule expected by early 2011, HHS, 1429 Fla., AvMed customers class action, theft of laptops with unencrypted information (Fla. Cir. Ct.), 1649 Ga., ex parte communications with plaintiff's treating physician subject to protective order (Ga.), 811; state law applies to discovery, 1603 Health Net assets acquired by United Healthcare, probe of possible violations urged, 139 Hospital and physician named in medical malpractice suit, order allowing ex parte contacts (D. Kan.), 1604 Informal ex parte interviews with nonparty physicians barred by HIPAA (Mo.), 1278 Interviews of physicians treating medical malpractice plaintiff not barred (D. Kan.), 1648 Kan., medical records and ex parte interviews with plaintiff's treating physician, limited disclosure (D. Kan.), 811 Ky. hospitals notify patients
Federal jurisdiction, no substantial questions (W.D. Ky.), 1316
Missing computer storage devices, 646 Modification of rules, HHS proposal, BNA Insight, 1075 N.C., state dental board investigation subpoena of patient records (N.C. Ct. App.), 137 Nurse's retaliatory discharge claim may proceed (Tenn. Ct. App.), 1773 Philadelphia hospital, theft of laptop with unencrypted patient data, 1104 Physicians-only online networks, risks, 1430 Red flag rules
See IDENTITY THEFT
Unsolicited contacts by terminated radiologist, Conn. hospital notifies patients, 455 WellPoint data breach, Ind. Atty. Gen. sues for failure to provide timely notice (Ind. Super. Ct.), 1518
BCBS of Mich., negotiation of rates with hospitals, not acting as fiduciary (6th Cir.), 1746
Cal., patient care standards preempted by Medicare Advantage (Cal.), 413 Copayment and coinsurance overcharges by Coventry Health Care HMO, certification, 2 cases (W.D. Mo.), 1321; copay cap applies to prescription drugs, 1704 ERISA, primary care physician's suit against HMO not preempted (D. Nev.), 384 Fiduciary duty breach, participants not told coverage advice from call center representatives not binding (7th Cir.), 937; Sec'y of Labor files amicus brief, 1749 Florida
Hospital-based noncontract provider barred from balance billing (Fla. Dist. Ct.), 212
Out-of-network emergency services, no need to pay maximum prices (Fla. Dist. Ct. App.), 309 La., in-state HMOs preferred for state employees, constitutionality (5th Cir.), 568 Mo., HMO violated state rule by charging copayment and coinsurance for single service, member standing (W.D. Mo.), 1490 New York
MA sales agent licensing and prompt payment violations, Managed Health Inc. agrees to pay fine, 649
Prompt pay violations, 20 insurers and HMOs fined, 1245 Small businesses coverage program, fine ends probe of Aetna HMO, 214 Telemedicine, new Va. law requires coverage, 503 TRICARE, hospitals' claims against HMO providing services, class certification rejected (11th Cir.), 510
Multidosing of injected anesthesia, jury award (Nev. Dist. Ct.), 693
See generally HOME HEALTH CARE
Business associates of health care entities
Final rule by early 2011, 1429
Proposed rule changes, 978; hospital groups recommend easing burden, 1317 Risk assessments urged by HHS official, 1702 Warning about preparing to meet obligations from attorney, 1136 Constitutionality challenge, suit dismissed (S.D.N.Y.), 746 Final rules, HHS will release in 2011, 1745 Fla., AvMed customers class action, theft of laptops with unencrypted information (Fla. Cir. Ct.), 1649 HHS Civil Rights Office, security rule enforcement, 716 HIPAA privacy provisions Ky. psychiatric hospital loss of patient information, no federal jurisdiction (W.D. Ky.), 1316 Modification of rules, HHS proposal, BNA Insight, 1075 New requirements, BNA Insights, 321 Outlook 2010, top health law issues, 5 Penalties, comments question changes, 137 Standards and certification criteria for EHR technology, 976; response to rules, 1015
See AIDS AND HIV
Apria Healthcare Group, related FCA cases settled, chance to refile for relator (7th Cir.), 744
Ariz., around-the-clock care cut, injunction denied (D. Ariz.), 1030 California
Preliminary injunction halts wage cuts for workers (9th Cir.), 345; class certified (N.D. Cal.), 876
Taxation, providers of in-home support services subject to sales tax, new law, 1569 Failure to file qui tam case under seal, dismissal (6th Cir.), 1422 Fla., agency ownership change denied, purchaser terminated from Medicare (Fla. Dist. Ct.), 1492 FY2011 payment rates
Decrease, proposed rule, 1034
Final rule, 4.89 percent cut, 1526 Nurses' claims for on-call wait time minimum wage dismissed (E.D. Wis.), 491 Pa., home nursing care company not domestic services provider, not exempt under state Minimum Wage Act (Pa.), 1657 Tenn., draft CON standards for home health services, 1455 Unnecessary visits by physicians alleged, company agrees to pay, 24
Coordination with LTC hospitals, proposed rule, 1493
Increase of 1.8 percent for FY2011, 1034 Provider cap rule
Collection of overpayment barred (W.D. Okla.), 1786
Enjoined as invalid (D.D.C.), 1525 Invalid regulation (W.D. Okla.), 841 Nationwide injunction declined, cap invalid (E.D.N.C.), 1564 Unlawful (N.D. Tex.), 312
FY2011, review on HHS Inspector Gen. work plan, 1393
GME Outlier payments
See OUTLIER PAYMENTS
Acquiring physician practices, pitfalls, advice from lawyers, 861
Adverse events screening, report, 357 Alcohol dependency treatment facility, no duty to protect voluntary inpatient from sexual misconduct by nurse (Wash. Ct. App.), 43 Anti-kickback laws
See ANTITRUST
Income guarantee agreement, physician's civil rights counterclaim (E.D. Ark.), 707
Physician's employment contract dispute (W.D. Ky.), 1017 Blood banks, postpartum hemorrhaging cause of mother's death, jury award against hospital due to errors (Minn. Dist. Ct.), 1529 CAHs
See generally CHARITY CARE
See CODING
Corporate governance Cost reports
See COST REPORTS
ADA
DSHs Elder abuse
See ELDER ABUSE
Responsible person, failure to remit payroll taxes (W.D. Tex.), 1791
Unpaid, co-owners and official of affiliate company jointly and severally liable (5th Cir.), 1719
See PATIENT DUMPING
See ERISA
Expanding, 1093
TRICARE, subcontractor hospital (DOL OALJ), 1496 Health IT, Grassley (R-Iowa) inquiry about contracts and incentives, 138 HIPAA issues
See generally HITECH ACT
Hospital-acquired infections
Bacterial meningitis, first fines under new Cal. standard, 619
Exposure to infectious diseases in health care setting, OSHA requests information, 682 State reporting programs, 1129 Hurricane Katrina
See INTERNET
See TAXATION
See JOINT COMMISSION
Jurisdiction test, Me. hospital website mentioning N.H. (1st Cir.), 523 Kyphoplasty, Medicare overcharging, FCA claims settle, 712 LSCs
See MEDICAL ERRORS
Mergers Most wired, modest progress, 994 Neb., temporary moratorium on new hospitals, 577 N.J., hospital tax provisions amendment, 1031 New York
Agreement to stop pharmaceutical waste discharges into watershed, 109
Midwives, new law eases requirement for written agreements with physicians or hospitals, 1113 Parental rights violation, refusal to let mother visit child, hospital must defend civil rights case (N.D. Ga.), 1662 PATH Pa., new tax, 1032 Personal, medical, and financial information on stolen computer discs, failure to show injuries, dismissal (Or. Ct. App.), 1428 Privacy issues
See generally PRIVACY AND CONFIDENTIALITY
PROs
See PUBLIC HOSPITALS
Readmissions, FY2011 review on HHS Inspector Gen. work plan, 1393 Recruitment agreements
See PHYSICIANS
See generally SELF-REFERRALS
Software developer took source code, ownership must be decided by jury (D. Minn.), 421 Specialty hospitals
See STAFF PRIVILEGES
Teaching hospitals
Net patient revenue tax on hospitals, 727
Stroke registry act bars disclosure of hospital identity, state attorney general, 647
See generally UNINSURED PERSONS
Vicarious liability
Apparent agency of independent contractor, claim fails (Fla. Dist. Ct. App.), 1036
Assaults, tenants not liable for injury by third party (D. Mass.), 619 Common-law charitable immunity, since repealed, applicable to suit (Mass. App. Ct.), 952 Corporate negligence theory, suit may proceed (E.D. Pa.), 1330 Emergency room care by independent contractor, ostensible agency (Nev.), 987 Infusion pump defect, facility may be liable as seller or distributor (D. Mass.), 1789 Nurse's administration of Ativan without doctor's orders, negligent hiring, jury verdict (Tex. App.), 1145 Physicians and nurses need not be named as defendants (Ohio Ct. App.), 1252 Sexual assault by cardiologist, no liability for hospital (W.D. Mich.), 843 Tenn., suit against hospital even though case against physicians barred (Tenn.), 1495 Visitation rights of same-sex partners and others
HHS rules, 576
Patients' right to designate visitors, CMS proposed rule, 916; final rule, 1665
See generally WAGES AND SALARIES
Alaska, ban on mandatory overtime for nurses passed by legislature, 907
Excessive hours complaint, bias claims of dismissed resident allowed (W.D. Va.), 865 Maximum duty hours, proposed work standards for medical residents, 918 Medical residents, consumer and health advocates petition Occupational Safety and Health Admin., 1271; AHA opposes petition to limit hours of residents, 1666 Overtime pay
See OVERTIME
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