Health Law Reporter Index-Summary

IDAHO

– “Conscience” law signed by governor, health care providers can deny certain services, 462
– Federally mandated health insurance, governor signs opt out bill, 412
– Health care reform constitutionality challenge

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

– Medicaid, Sandoz average wholesale prices settlement (Idaho Dist. Ct.), 1459
– Medical necessity, new independent external review of denied claims, 31
– Mental health, county liable for usual and customary rates for commitment proceeding costs (Idaho), 1756
– Sherman Act, orthopedists' refusal to treat workers' compensation cases, settlement (D. Idaho), 768

IDENTITY THEFT

– Cal., almost $800,000 in fines for privacy breaches at 7 health care facilities, 1667
– Ind., Atty. Gen. authority to secure abandoned health records, 1061
– “Red flag” rules

– – AMA and other health groups' suit to bar application to physicians (D.D.C.), 756
– – Amendment to exclude health care practices and others

See LEGISLATION, FEDERAL, S 3416

– – “Creditors” definition, amendment

See LEGISLATION, FEDERAL, HR 6420, S 3987

– – Enforcement delayed, 781
– – Exemption during pending litigation, 844
– – Groups representing licensed health care professionals urge delay, 191
– – Temporary exemption for physicians, agreement between AMA, Fed. Trade Comm'n, and others pending resolution of suit, 916

ILLINOIS

– Antitrust, ASC illegal tying claim against hospital with link to large employer (C.D. Ill.), 61
– Cap on noneconomic damages violates state constitution (Ill.), 219; overview of recent cases, 589
– Charitable or religious organization, Provena Covena Medical Center not entitled to property tax exemption (Ill.), 409
– Discrimination, jury verdict in favor of African American paramedic upheld (7th Cir.), 1547
– Federal Employees Health Benefits Act, state law preemption suit dismissed (U.S., notice), 307
– Health Information Exchanges, authorization, new law, 1104
– Independent review of denied insurance claims law, 72
– Institutions for Mental Diseases, settlement allows move of psychiatric patients to community-based settings (N.D. Ill.), 387
– “Internal affairs” doctrine, orthopedic surgeons groups not entitled to dismissal (E.D. Pa.), 1605
– Medical records copying, $20 handling fee allowed (Ill.), 415
– Nursing homes

– – Federal Arbitration Act preempts state law barring jury trial waiver (Ill.), 557
– – Overtime pay class action against chain (C.D. Ill.), 1245
– – Tortious interference with contract, therapy provider may sue management firm (N.D. Ill.), 1255

– PATH, unsupervised surgeries at Rush Univ. Med. Center alleged, qui tam suit dismissed (N.D. Ill.), 1550
– Right-to-work group seeks to invalidate state law allowing unions for home health aides (N.D. Ill.), 651; constitutional challenge to union organizing campaigns dismissed, 1658
– Statutes of repose, hospital's indemnity claim against physicians time-barred (Ill. App. Ct.), 391
– Tortious interference with contract, therapy provider may sue nursing home management firm (N.D. Ill.), 1255

IMMIGRATION

– Catholic Healthcare West, citizenship status discrimination settlement, 1456
– La., license for nonpermanent alien resident practical nurse barred, state law upheld (E.D. La.), 1280
– N.Y., law barring pharmacist license for aliens unconstitutional (S.D. N.Y.), 1388

IMMUNITY

– County social services caseworker not entitled to immunity, deprivation of parental rights suit (N.D. Ga.), 1662
– State action doctrine bars antitrust claims against county hospital and officials (6th Cir.), 1632

INDIAN TRIBES

See NATIVE AMERICANS

INDIANA

– Botched facelift allegations, defamation and trade disparagement claims, summary judgment for surgeon (S.D. Ind.), 1219
– 11th Amendment does not bar Protection and Advocacy for Individuals with Mental Illness Act suit seeking access to state agency mental health records (7th Cir.), 609; stay denied, 777; (U.S., rev sought), 1108
– HCQIA, hospital that relied on report from another facility immune from damages (Ind. Ct. App.), 389
– Identity theft, Atty. Gen. authority to secure abandoned health records, 1061
– “Itinerant” physicians ordinance, threat to privacy of patient information (N.D. Ind.), 1169
– Malpractice patient compensation fund, incorrect damages calculation (Ind. Ct. App.), 1071
– Medicaid transportation reimbursement, suit by recipients (Ind.), 1283
– Noncompete clauses

– – Physician recruiting agreement provision restrains trade (Ind.), 45
– – Practice in city where former employer opened new office not barred (Ind. Ct. App.), 188; rehearing to clarify ruling, 693

– Statutes of limitations, malpractice claim continuation of timely negligence suit (Ind.), 1289
– Unemployment compensation owed pharmacy technician fired for excessive absences due to medical condition (Ind.), 803
– WellPoint data breach, state Atty. Gen. sues for failure to provide timely notice (Ind. Super. Ct.), 1518
– Workers' compensation, new law prohibits delay in emergency care for work-related injuries, 414

INFLUENZA

– H1N1

See H1N1 VIRUS

INFORMATION NETWORKS AND TECHNOLOGY

– Electronic health records

See ELECTRONIC HEALTH RECORDS

– Health IT

– – Essential to new health reform law implementation, BNA Insights, 995
– – Expansion of incentives to behavioral health, mental health, and substance abuse providers

See LEGISLATION, FEDERAL, HR 5025

– – Federal matching rate for administrative expenses, guidelines, 1170
– – FY2011 budget, funding increase includes incentive programs, 176
– – Grassley (R-Iowa) surveys hospitals about contracts and incentives, 138
– – Health information exchanges (HIEs)

See HEALTH INFORMATION EXCHANGES (HIEs)

– – HITECH Act

See HITECH ACT

– – “Most wired” hospitals, modest progress, 994
– – National broadband plan, 598
– – New requirements, BNA Insights, 321
– – Patient safety concerns, Grassley (R-Iowa) asks FDA about its role, 304
– – “Red flag” rules

See IDENTITY THEFT

– – Va., data breach notice, new law, 599
– – White House advisers' report on facilitating data exchange, 1744

– Identity theft issues

See IDENTITY THEFT

– Internet

See INTERNET

INFORMED CONSENT

– ASCs, patient rights disclosures, proposed rule, 609
– Neb., abortion disclosure law enjoined (D. Neb.), 1039
– Physician lied about credentials, claim may proceed (10th Cir.), 349
– S.C., subclavian bypass risk, expert proof not required (S.C.), 1288
– S.D., surgical procedure outside of operating room and allegedly without proper anesthesia (D.S.D.), 1788
– Stent implant in child, claims dismissed (3d Cir.), 352

INMATES

See PRISONS AND PRISONERS

INSPECTIONS

See also INVESTIGATIONS
– Nursing home survey process

– – Federal and state findings differ, GAO report, 774
– – Participation requirements, DHS not required to replace state agency in suit (W.D. Mich.), 184
– – Problems, GAO report, 33

– Pa., right-to-know law, nursing home access to health department survey documents denied (Pa. Commw. Ct.), 1326

INSURANCE

– Health insurance

See HEALTH INSURANCE

– Malpractice insurance

See MALPRACTICE INSURANCE

INSURANCE FRAUD

– Government programs

See FRAUD AND ABUSE

– Private insurers

See HEALTH INSURANCE FRAUD

– Scams in wake of health care reform, Sebelius urges states to take action, 498

INSURANCE INDUSTRY

– MACs

See MEDICARE ADMINISTRATIVE CONTRACTORS (MACs)

INTELLECTUAL PROPERTY

– Patents

See PATENTS

– Trade secrets

See TRADE SECRETS

– Trademarks

See TRADEMARKS

INTERNET

– Botched facelift allegations, defamation and trade disparagement claims, summary judgment for surgeon (S.D. Ind.), 1219
– California

– – MySpace posting about patient's condition, medical facility fined, 1667
– – Posting of disciplinary information about former physician (Cal. Ct. App.), 606

– Charity care policies online encouraged by N.C. advocacy group, 253
– Foreign medical school's request for injunction to stop former student from posting allegedly defamatory material on website (E.D. Mich.), 1790
– Jurisdiction test, Me. hospital website mentioning N.H. (1st Cir.), 523
– N.J. Portal Initiative, 5 health plans offer single online point of access to reduce physician office costs, 243
– Social media

– – Ambulance service illegally fired worker over Facebook comments about supervisor (NLRB Region 34), 1561
– – Facebook posting, medical technician fired, 1172
– – Liability risks for providers, 969
– – MySpace posting about patient's condition, medical facility fined, 1667
– – Physicians-only social network, possible risks, attorney, 1430
– – Practical advice for evolving technologies in regulated industries, BNA Insights, 847
– – Sources of medical information, 265

– Vt., web pharmacy, Medicaid and consumer fraud suit remanded (D. Vt.), 1313

INTERPRETERS

See LANGUAGE REQUIREMENTS

INVESTIGATIONS

– Cal., medical board comprehensive evaluations, time and costs increase, 1532
– Fraud strike forces

– – Expansion in budget request, 173
– – Goals, 489
– – Nationwide crackdown, 90 persons charged, 1020
– – Real-time access to CMS data, 490
– – Testimony on effectiveness, 337

– Health Net assets acquired by United Healthcare, HIPAA privacy issues, 139
– Large premium increases

See generally PREMIUMS AND RATES

– Medicare fraud prosecution, doctor not entitled to Tex. Medical Board investigation file (Tex. App.), 828
– Mistakes and errors targeted by FCA probes, AHA letter, 1272; further discussions with Justice Dep't, 1742
– Partners HealthCare dominant in Mass., Justice Dept. probes contracting practices, 642
– Podiatrist license disciplinary action, subject may obtain expert's investigative records (Fla. Dist. Ct.), 1357
– Premium increases, top Senate Democrats ask Sebelius to investigate, 1427
– Privacy, breaches by Alaska Medicaid Fraud unit's seizure of women's clinic files and release of patient information alleged (Alaska Super. Ct.), 942
– Prosecution of former drug company in-house counsel, false statement and obstruction of justice charges (D. Md.), 1769
– Scott & White Healthcare acquisition of King's Daughters Hospital, probe ended due to distressed financial condition (FTC), 19
– Solvay off-label marketing alleged, documents from state-issued investigative demands, use by qui tam relators (S.D. Tex.), 1058

IOWA

– Genetic information and testing, new nondiscrimination law, 604
– Laches, delay in disciplining doctor for alleged sexual abuse shows prejudice (Iowa Ct. App.), 73
– Medicaid contractors not obliged to seek reimbursement in medical malpractice cases before obtaining federal reimbursement (8th Cir.), 1095
– Medical marijuana, pharmacy board rejects request to develop compassionate use rules, 1397
– Premium increases, public hearings, 536

See INFORMATION NETWORKS AND TECHNOLOGY