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INDEX
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
    HAITI
      – Earthquake, Fla. expedited licensing for out-of-state nurses to meet shortage, 180
    HART-SCOTT-RODINO (HSR) ACT
    HAWAII
      – Medicaid managed care mandated enrollment for aged, blind, or disabled (D. Haw.), 76
    HCQIA
    HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)
      – 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
      – Semiannual agenda
        – – HIPAA rule changes, 599
        – – PPACA implementation, 1782
    HEALTH CARE AND EDUCATION RECONCILIATION ACT
    HEALTH CARE COVERAGE CONTINUATION
    HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)
      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
      – NPDB
    HEALTH CARE REFORM, FEDERAL
      – Abortion, ban on use of federal funds, executive order, 464
      – Accountable care organizations (ACOs)
      – Baucus (D-Mont) very confident about prospects, 209
      – Changes to HR 3590, reconciliation bill
        See LEGISLATION, FEDERAL, HR 4872
      – Children with pre-existing conditions, private insurers full compliance, 452
      – Constitutionality challenge
      – Federally mandated health insurance, Idaho governor signs opt out bill, 412
      – Fraud and abuse
        – – Anti-fraud provisions have support, 132
        – – Provisions not in earlier bills, 275
        – – Senate-passed bill provisions in anti-fraud bill
          See LEGISLATION, FEDERAL, S 2964
      – Hospital board responsibilities, BNA Analysis & Perspective, 81
      – House Democrats considering options, hope to narrow strategy soon, 135
      – House-passed bill
        See LEGISLATION, FEDERAL, HR 3962
      – Insurance scams, Sebelius urges states to take action, 498
      – 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
        See LEGISLATION, FEDERAL, HR 3590
      – Signed by President Obama
      – Strategy unclear after State of Union address, 175
      – Summit, Obama invites lawmakers, 237
      – White House-industry deals, House panel resolution seeks records, 135
    HEALTH CARE REFORM, STATE
      – Fair share laws
      – Mass., employer-subsidized health insurance requirement, inability to pay premium (Mass.), 601
    HEALTH INFORMATION EXCHANGES (HIEs)
      – 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
    HEALTH INSURANCE
      See also specific states
      – Antitrust issues
      – Appeals of insurance coverage or claims denials, interim final rule, 1061; proposal to extend information collections, 1750
      – Assignment of benefits
      – BCBS
      – Cal., veto of bill requiring insurers to reimburse entire cost of childhood and adolescent vaccines, 1386
      – 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
      – Child-only policies, elimination, House hearing, 1427
      – Continuation coverage
      – Coverage policies
      – ERISA
      – Fair share laws
      – Financial difficulties, Natl. States Ins. Co. ordered into rehabilitation (Mo. Cir. Ct.), 503
      – GINA
      – Health care reform law
      – HIPAA
      – McCarran-Ferguson Act
      – Medi-Share, religious group's medical care expense sharing program qualified as insurance (Ky.), 1243
      – Medical loss ratio
      – Mergers, DOJ will review carefully, 741
      – “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
      – Prompt payment
      – Rescission
      – Sherman Act and RICO violations by health insurers and brokers, dismissal of employee benefit plans and policy holders claims (3d Cir.), 1205
      – Small businesses
      – Some hospitals have market power to get noncompetitive prices, study, 1665
      – Subrogation
      – Thirty-party plan administrator not party to contract, cannot be forced to arbitrate (N.D. Tex.), 169
    HEALTH INSURANCE EXCHANGES
      – “Early innovator” grants, HHS announcement, 1519
    HEALTH INSURANCE FRAUD
      – 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
      – Misrepresentation not fraudulent (D.S.C.), 1027
      – 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
    HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
      – Final rules, HHS will release in 2011, 1745
      – HITECH Act
      – Privacy
        – – 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
        – – Mich., ex parte interviews with treating physicians (Mich.), 1024; (U.S., rev sought), 1509
        – – 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
        – – Reports to HHS of 35 large data breaches since reporting rule, 210
        – – 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
      – Semiannual agenda, rule changes, 599
    HEALTH MAINTENANCE ORGANIZATIONS (HMOs)
      – 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
      – Ga., any willing provider law, plan cannot bar physician group from networks, insurance commissioner, 535
      – 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
      – Pa., HMOs exempt from state bad faith insurance practices law (Pa. Super. Ct.), 212
      – Telemedicine, new Va. law requires coverage, 503
      – TRICARE, hospitals' claims against HMO providing services, class certification rejected (11th Cir.), 510
    HEPATITIS
      – Multidosing of injected anesthesia, jury award (Nev. Dist. Ct.), 693
    HHAs (HOME HEALTH AGENCIES)
    HHS
    HIEs
    HIPAA
    HITECH ACT
      – 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
      – Conn. attorney general files Health Net data breach charges (D. Conn.), 98; settlement, 936
      – 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
      – Hospitals fail to meet security standards, study, 1611
      – 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
    HIV
    HMOs
    HOME HEALTH CARE
      – 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
      – Colo., Medicaid in-home attendant care cuts (Colo. Dist. Ct.), 77
      – 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
      – Ill., right-to-work group seeks to invalidate state law allowing unions for aides (N.D. Ill.), 651; constitutional challenge to union organizing campaigns dismissed, 1658
      – 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
    HOSPICE CARE
      – 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
    HOSPITAL PAYMENT
    HOSPITALS
      – 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
      – Antitrust issues
      – Arbitration
        – – Income guarantee agreement, physician's civil rights counterclaim (E.D. Ark.), 707
        – – Physician's employment contract dispute (W.D. Ky.), 1017
      – Bankruptcy, late proof of claim, constructive notice (E.D.N.Y.), 1270
      – Blood banks, postpartum hemorrhaging cause of mother's death, jury award against hospital due to errors (Minn. Dist. Ct.), 1529
      – CAHs
      – Catholic hospitals
      – Certificate of need
      – Charity care
      – Coding
      – Collective bargaining
      – Computer fraud claims against pathologists for alleged removal of data (D.N.H.), 1102
      – Corporate governance
      – Corporate law developments in 2009, BNA Analysis & Perspective, 111
      – Cost reports
      – Discrimination claims
      – Doctor's RICO suit against hospital chief executive officer fails to allege elements of violation (W.D. Pa.), 1693
      – DSHs
      – Duty of reasonable care to patients, direct liability possible (Tenn.), 1494; rehearing denied, 1754
      – Elder abuse
      – Electronic health records
      – Employment taxes
        – – “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
      – EMTALA issues
      – ERISA issues
      – Federal Contract Compliance Programs Office jurisdiction
        – – Expanding, 1093
        – – TRICARE, subcontractor hospital (DOL OALJ), 1496
      – Ga., provider revenue tax, 726
      – Health IT, Grassley (R-Iowa) inquiry about contracts and incentives, 138
      – HIPAA issues
      – HITECH issues
      – Hospices, coordination with LTC hospitals, proposed rule, 1493
      – 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
      – Hospital bed collapse caused injuries, expert report required (Tex.), 1251
      – Hurricane Katrina
      – Insurance coverage and reimbursement
      – Internet web sites and social media
      – IRS Form 990
      – Joint Commission
      – Joint ventures that allow urologists to provide laser treatments to Medicare patients, claims dismissed (D.D.C.), 1777
      – Jurisdiction test, Me. hospital website mentioning N.H. (1st Cir.), 523
      – Kyphoplasty, Medicare overcharging, FCA claims settle, 712
      – LSCs
      – Medical errors
      – Mental health court-ordered evaluation, Rooker-Feldman doctrine no bar to claims (2d Cir.), 190
      – Mergers
      – Minn. rural health cooperative, settlement of price collusion charges (FTC), 863
      – “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
      – Nonprofit
      – Nurses
      – Outlook 2010, health law issues, 5
      – Parental rights violation, refusal to let mother visit child, hospital must defend civil rights case (N.D. Ga.), 1662
      – PATH
      – Patient safety
      – Pay-for-performance
      – Payment and delivery models, new relationships between physicians and hospitals, BNA Insights, 1612
      – Pa., new tax, 1032
      – Personal, medical, and financial information on stolen computer discs, failure to show injuries, dismissal (Or. Ct. App.), 1428
      – Privacy issues
      – Prompt payment, third-party administrator must pay hospital's full billed charges due to delays (N.D. Tex.), 1704
      – PROs
      – PSOs
      – Psychiatric
      – Public hospitals
      – Rate negotiations between United Healthcare and Continuum Health Partners group, statutory cooling off period (N.Y. Sup. Ct.), 189; agreement reached, 392
      – Readmissions, FY2011 review on HHS Inspector Gen. work plan, 1393
      – Recruitment agreements
      – Self-referrals
      – Sexual harassment of occupational therapists, hostile work environment claim fails (3d Cir.), 64
      – Software developer took source code, ownership must be decided by jury (D. Minn.), 421
      – Specialty hospitals
      – Staff privileges
      – Statutes of repose, indemnity claim against physicians time-barred (Ill. App. Ct.), 391
      – Teaching hospitals
      – Tennessee
        – – Net patient revenue tax on hospitals, 727
        – – Stroke registry act bars disclosure of hospital identity, state attorney general, 647
      – Uninsured persons, rates
      – Verbal orders authentication requirements, Colo., 726
      – 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
      – Violence in health care facilities, Joint Commission warning, 817
      – Visitation rights of same-sex partners and others
        – – HHS rules, 576
        – – Patients' right to designate visitors, CMS proposed rule, 916; final rule, 1665
      – Wages
      – Wash., new hospital assessment to obtain more Medicaid matching funds, 654
    HOURS OF WORK
      – 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
      – Unilateral shift change violates contract, arbitration award (D.R.I.), 179

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