Health Law Reporter Index-Summary

JOINT COMMISSION

– Hospital quality

– – Annual report, improvement continuing, 1364
– – Improvement, report, 109
– – Patient “hand-offs,” improvements, expansion in 2011, 1499
– – Room for continued improvement, official says, 953

– Interim staffing effectiveness standards in effect, research continues, 254
– Medical staff standard

– – Draft, opinions of industry attorneys, 167; revision to bylaws standard approved, 416; new revision allows flexibility, 637
– – Hospitals should begin compliance now, panelists, 1051
– – Reported concerns, “early warning system” for hospitals, experts say, 1567

– Preventing pregnancy-related deaths, Sentinel Alert, 192
– Primary Care Home Initiative standards, expansion of ambulatory health care organizations accreditation, 1294
– Suicide risks for nonpsychiatric patients, Sentinel Alert to hospitals, 1719
– Telemedicine standards, CMS delays requirement, 817
– Violence in health care facilities, warning of increase, 817

JURISDICTION

– Abstention proper in suit by physician against territorial licensing board (3d Cir.), 100; (U.S., rev sought), 571; (rev den), 838
– Administrative Procedure Act, mental health parity interim final rules (D.D.C.), 903
– Ark., surrender of medical license prior to hearing bars court authority over reinstatement suit (Ark.), 774
– Cal. Public Employment Relations Board has exclusive authority over county hospital's complaint against union (Cal. Ct. App.), 32
– Civil rights claim of dentist excluded from Medicare and Medicaid plan rejected (W.D. Pa.), 307
– Contacts, Me. hospital website mentioning N.H. (1st Cir.), 523
– Diversity in nursing home arbitration suits, citizenship of parties in federal action (8th Cir.), 767
– 11th Amendment

See ELEVENTH AMENDMENT

– ERISA

See generally ERISA

– Failure to exhaust administrative remedies

See EXHAUSTION OF REMEDIES

– False Claims Act, original source issue

See FALSE CLAIMS

– Federal Contract Compliance Programs Office jurisdiction

– – Expanding to cover hospital and health care systems, 1093
– – TRICARE, subcontractor hospital (DOL OALJ), 1496

– Federal Employees Health Benefits Act, state law preemption suit dismissed (U.S., notice), 307
– Federal Nursing Home Reform Amendments private right of action (U.S., opposition brief filed), 146; (rev den), 281
– Federal Tort Claims Act, VA hospital security measures matter of agency discretion (D.P.R.), 306
– Fla. statute requiring insurer to share in costs of obtaining settlement trumps policy provision (Fla. Dist. Ct.), 680
– Fraudulent joinder of pharmacy in defective pain patch suit (S.D.N.Y.), 290
– HHS cannot reopen SNF reimbursement claim to divest federal court of jurisdiction (7th Cir.), 1032
– HIPAA and HITECH notice required, no substantial federal questions (W.D. Ky.), 1316
– La. contacts, clinic's reimbursement suit against out-of-state Kaiser HMOs fails (5th Cir.), 1183
– Me. medical licensing board disciplinary proceedings, federal court authority (D. Me.), 1029
– Mandamus, court cannot compel HHS to reopen DSH determinations (D.C. Cir.), 654
– Medicaid Act

– – Managed care mandated enrollment for aged, blind, or disabled (D. Haw.), 76
– – No private right of action to recover adjustments wrongfully collected from estate of recipient (D.C.), 940
– – N.C., state authority to collect up to one-third of third party settlement upheld (W.D.N.C.), 941
– – Vt., internet pharmacy, fraud suit remanded (D. Vt.), 1313

– Medicare Act

– – DHS not required to replace state agency in survey suit (W.D. Mich.), 184
– – Individual physician's suit against hospital for violations, no private right of action (S.D. Ohio), 944

– Mental health court-ordered evaluation, Rooker-Feldman doctrine no bar to claims (2d Cir.), 190
– NLRB, inflatable rat, request for injunction dismissed (N.D. Ohio), 384
– Physician payment relative value units, cardiologists' suit over reductions in 2010 fee schedule dismissed (S.D. Fla.), 655
– Possible future addition of nondiverse defendants does not bar removal (W.D. La.), 725
– Recruiting agreement, suit seeking loan repayment from neurosurgeon belongs in state court (E.D. Cal.), 188; rehearing to clarify ruling, 693
– Rescission suit belongs in state court (N.D. Cal.), 242
– RICO

– – Dismissal no bar to ERISA claims against insurer by other providers (11th Cir.), 979
– – Ohio prompt payment law preempts providers' claims (6th Cir.), 532; (U.S., rev sought), 983; cases pending at beginning of new term, 1307; (rev den), 1385

– Severance, suit against birth control pill maker should not be severed from malpractice claims against health care providers of deceased woman (N.D. Okla.), 1715
– Sovereign immunity

See SOVEREIGN IMMUNITY

– Staff privileges

– – La., surgeon's remaining state law claims remanded to state court (5th Cir.), 538
– – N.Y., wrongful denial (N.Y. Sup. Ct. App. Div.), 235

– State regulatory authority no bar to Los Angeles city attorney's claims against health plans and insurers (Cal. Ct. App.), 99

JURY TRIALS

– Antitrust violation by insurance benefit manager, preventing upright MRI services providers from joining preferred provider networks, jury verdict (E.D.N.Y.), 1689
– Arbitration clause no violation of state constitution, patient's agreement binding on wrongful death claimants (Cal.), 1233
– Auto insurer's RICO suit against health care providers (E.D. Pa.), 808
– Colon cancer treatment, causation expert opinion must be “medically superior” to support jury verdict (Tex.), 1716
– Comparative negligence, patient who drove home from hospital knew of drug's effects (Fla. Dist. Ct.), 1566
– Damages

See DAMAGES

– Discrimination, jury verdict in favor of African American paramedic upheld (7th Cir.), 1547
– EMTALA disparate screening and emotional distress claims (D. Nev.), 987
– Expert witnesses

See EXPERT WITNESSES

– Federal Arbitration Act preempts state law barring waiver (Ill.), 557
– Nursing home staffing, Skilled Healthcare Group settlement (Cal. Super. Ct.), 1281; approved by court, 1707
– Pa., drug average wholesale prices

– – Johnson & Johnson ordered to pay restitution and civil penalties (Pa. Commw. Ct.), 1778
– – Mixed verdict in Bristol-Myers Squibb case (Pa. Commw. Ct.), 1423

– Physician's income disclosed, reverse discrimination suit, trial judge error harmless (4th Cir.), 1381
– Res ipsa loquitur

See CAUSATION

– Split verdict, jury finds hospital violated Stark law but not FCA (D.S.C.), 530; interlocutory appeal of new trial order denied (4th Cir.), 1516
– Wiretap Act, whether recorded conversation between coworkers was intentional (7th Cir.), 1291