Health Law Reporter Index-Summary

LABORATORIES

LACHES

– Delay in disciplining doctor for alleged sexual abuse shows prejudice (Iowa Ct. App.), 73

LANDLORDS AND TENANTS

– Assaults, health care tenants not liable for injury by third party (D. Mass.), 619
– Vicarious liability, provider that sublet space to other doctors not liable for malpractice of subtenant (Or. Ct. App.), 420

LANGUAGE REQUIREMENTS

– Clinic failure to provide preferred sign language interpreter (D. Colo.), 1531
– Hospital failure to provide sign language interpreter on 3 occasions (W.D. Wash.), 1712
– Pa. orthopedic surgical practice agrees to provide interpreters for hearing impaired patients, 285
– Univ. of Utah Hospitals agree to provide equal access to patients with hearing, vision, and speech disabilities, 217

LAWYERS

– Fees

See ATTORNEYS' FEES

– Privileged communications

See ATTORNEY-CLIENT PRIVILEGE

LEGISLATION, FEDERAL

– Ed. Note: This heading covers bills with assigned numbers only. For information on measures not yet assigned numbers, see specific subject headings.
– House

– – HR 1586, FAA Air Transportation Modernization and Safety Improvement Act with 6-month extension of enhanced Medicaid funding signed by President Obama, 1140
– – HR 1745, Family Health Accessibility Act would extend Federal Tort Claims Act provisions to licensed providers who volunteer at community health clinics, 1098
– – HR 2249, Health Care Price Transparency Promotion Act, state Medicaid plans would be required to disclose hospital charges and provide information on out-of-pocket costs, 677
– – HR 3199, Emergency Medic Transition Act, grants to fund expedited emergency medical training and licensing to veterans, 1098
– – HR 3326, Department of Defense Appropriations Act, president signs law with temporary fix to physician pay cut, 38
– – HR 3590, Patient Protection and Affordable Health Care Act, conference unlikely, differences in health care reform bills considered, and state attorneys general express concerns, 25; Nelson (D-Neb) under fire for deal to exempt Neb. from cost of Medicaid expansion, 67; hospitals groups' concerns about coverage level and Medicare and Medicaid spending cuts, 67; Independent Payment Advisory Board opposed by provider and advocacy groups, 67; support for anti-fraud provisions, 132; Grassley (R-Iowa) anti-fraud bill, S 2964, includes provisions, 175; new Obama reform plan based on Senate-passed bill, 275; accountable care organizations provisions, 337; House Democrats wait for reconciliation bill language and cost data, 381; signed by president, 424; further action, see PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)
– – HR 3596, Health Insurance Industry Antitrust Enforcement Act would repeal McCarran-Ferguson Act for health and malpractice insurers, companion bill is S 1681, CRS report on impact, 91; actuary warns of effects of McCarran-Ferguson repeal, 131; House Democrats drafting bill, 209
– – HR 3962, Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act, conference unlikely, differences in health care reform bills considered, and state attorneys general express concerns, 25; hospitals groups' concerns about coverage level and spending cuts, 67; report on effect of McCarran-Ferguson Act repeal, 91; generic drug pay-for-delay settlements would be illegal, 93; actuary warns of effects of McCarran-Ferguson repeal, 131; support for anti-fraud provisions, 132; accountable care organizations provisions, 337; Pelosi (D-Cal) says Senate doctor payment fix inadequate, 870; doctor pay increase through Nov. signed by Obama, 900
– – HR 4213, American Workers, State, and Business Relief Act, Senate approves provision delaying physician payment until October, 381; fix extended to 3 years, House action expected soon, 745; CMS waiting until mid-June to act on pay cut, 770; Baucus (D-Mont) amendment would increase physicians' pay for 19 months and includes provisions from House bill, Senate debate expected to continue, 810; governors and provider groups urge Senate passage, 830
– – HR 4626, Health Insurance Industry Fair Competition Act to end federal antitrust exemption for health insurers under McCarran-Ferguson Act passed by House, 304
– – HR 4691, Temporary Extension Act freezing physician reimbursement for one month signed by President Obama, 304
– – HR 4700, Transparency in All Health Care Pricing Act would require public disclosure of prices of all health care items, products, and services, 677
– – HR 4803, Patients' Right to Know Act would require health benefits plans to disclose covered items and services, limitations, restrictions, and appeals process, 677
– – HR 4851, Continuing Extension Act, president signs bill delaying physician pay cut through May 31, 565
– – HR 4872, Health Care and Education Affordability Reconciliation Act passed by House, Senate debate begins, 424; quality based payment provisions and Independent Payment Advisory Board, 429; signed by President Obama, 452; further action, see HEALTH CARE AND EDUCATION RECONCILIATION ACT
– – HR 4887, Tricare Affirmation Act, Defense Dept. health care meets minimum standards under reform law, 598
– – HR 4899, Supplemental Appropriations Act includes amendment to stop drug patent settlements to delay market entry of generic drugs, cleared by House, 935
– – HR 4994, Medicare and Medicaid Extenders Act, House and Senate approve delaying physician pay cut for one year, 1751; signed by president, 1787
– – HR 5025, Extension of health information technology incentives to behavioral health, mental health, and substance abuse providers proposed, 565
– – HR 5424, Reform Americans Can Afford Act, GOP proposal to repeal new health care reform law, 770
– – HR 5615, Repeal of medical device tax, 935
– – HR 5712, Veterans', Seniors', and Children's Health Technical Corrections Act approved by House, 1023; physician pay cut delayed until Dec. 31, signed by President Obama, 1642
– – HR 6130, Strengthening Medicare Anti-Fraud Measures Act would allow exclusion of individuals who left a company later found to have engaged in fraud, 1315; passed by House, 1352
– – HR 6420, Red Flag Program Clarification Act, bipartisan bill to limit definition of “creditor,” 1642

– Senate

– – S 1681, Health Insurance Industry Antitrust Enforcement Act would repeal McCarran-Ferguson Act for health and malpractice insurers, companion bill is HR 3596, CRS report on impact, 91; actuary warns of effects of McCarran-Ferguson repeal, 131; House Democrats drafting bill, 209; amendment to repeal antitrust exemption for health insurers, 677
– – S 2964, Strengthening Program Integrity and Accountability in Health Care Act includes anti-fraud provisions from HR 3590, 175
– – S 3078, Health Insurance Rate Authority Act targets “unreasonable” premium increases, 565; not enough votes needed to pass, Feinstein (D-Cal) says, 715
– – S 3217, Restoring American Financial Stability Act would repeal McCarran-Ferguson for health insurers, 677
– – S 3416, Fair Credit Reporting Act amendment to provide for an exclusion from Red Flag Guidelines for certain businesses referred to Sen. Banking Comm., 781
– – S 3924, Public Accountability in Health Care Implementation Act, Chamber of Commerce approves requiring review of public comments before release of final regulations, 1427
– – S 3987, Red Flag Program Clarification Act limiting definition of “creditor” approved by House, 1717; signed by president, 1791

LICENSED PRACTICAL NURSES (LPNs)

See generally NURSES AND NURSING

LICENSES AND LICENSING

– Ariz. chiropractor must produce records of nonpatient subpoenaed by board (Ariz. Ct. App.), 103
– Ark., surrender of license prior to hearing bars court jurisdiction over reinstatement suit (Ark.), 774
– California

– – Chiropractor, “excessive treatment” discipline by licensing board (U.S., rev den), 1659
– – Costs and time increase, medical board comprehensive investigations, 1532
– – Furloughs of medical board staff upheld (Cal. Super. Ct.), 387
– – Hospitals fined for patient risks and licensing noncompliance, 191; fines of 7 hospitals announced, 543; fines for 12 hospitals, 1607; almost $800,000 in fines for privacy breaches at 7 facilities, 1667
– – Insulin injections by unlicensed school staff (Cal. Ct. App.), 839; review granted (Cal.), 1387
– – Internet posting of disciplinary information about former physician (Cal. Ct. App.), 606
– – Passing score for physician exam must be set by state board (Cal. Ct. App.), 341
– – Revival of disciplinary action settled by stipulation 5 years ago refused (Cal. Ct. App.), 386
– – Revocation of doctor's license without oral and written argument reversed (Cal. Ct. App.), 310

– Colorado

– – Disclosures by doctors required, new law, 844
– – Sanction based on substandard care for surgical patients (U.S., rev sought), 74; (rev den), 280

– CON

See CERTIFICATE OF NEED (CON)

– Corporate practice of medicine

See CORPORATE PRACTICE OF MEDICINE

– Disciplinary actions

See DISCIPLINARY ACTIONS

– Florida

– – Expedited licensing for out-of-state nurses to meet shortage due to Haiti earthquake, 180
– – Podiatrist license disciplinary action, subject may obtain expert's investigation records (Fla. Dist. Ct.), 1357

– Iowa

– – Delay in disciplining doctor for alleged sexual abuse shows prejudice (Iowa Ct. App.), 73
– – Pharmacy board rejects request to develop medical marijuana compassionate use rules, 1397

– Kentucky

– – Automobile insurer may recoup payments to unlicensed chiropractor (W.D. Ky.), 190
– – Cost increase due to proposed LSCs licensing rules, FTC letter, 233
– – Drug enforcement records admissible in proceeding against physician (Ky. Ct. App.), 1562

– La., nonpermanent alien resident practical nurse barred, state law upheld (E.D. La.), 1280
– Me. medical licensing board disciplinary proceedings, federal court authority (D. Me.), 1029
– Maryland

– – Alford plea, physician entitled to hearing (Md.), 722
– – Failure to disclose medical malpractice suit, reprimand (Md. Ct. Spec. App.), 1750
– – Nurse-practitioner certification, new law, 566

– Mass., discipline of male RN for improper conduct with inebriated emergency department patients upheld (Mass.), 721
– Missouri

– – Alcohol-related absenteeism, discipline of nurse based on indirect threat of patient harm (Mo. Ct. App.), 1029
– – Medical board letter expressing opinion of certified nurse anesthetists not scope of practice rule (Mo. Ct. App.), 1363

– Neb., temporary moratorium on new hospitals, 577
– N.H. medical board's listing of resident's temporary training license as disciplinary action (1st Cir.), 750
– New Jersey

– – Medical Board, summary sanction reversed (N.J. Super. Ct. App. Div.), 340
– – Psychologist suspension, improper personal and social relationship with patient (N.J. Super. Ct. App. Div.), 1325

– New York

– – MA sales agent licensing, HMO agrees to pay fine, 649
– – Medicaid disabled recipients challenge transition to new service providers, TRO denied (N.D.N.Y.), 214
– – Pharmacists, state law barring alien pharmacists unconstitutional (S.D. N.Y.), 1388
– – Radiology technician who failed test lacks standing to sue under antitrust laws (S.D.N.Y.), 1482

– N.C., teeth-whitening by nondentists banned, dental board order challenged (FTC), 863
– Ohio, physician's failure to confirm identity of medication, standard of care violation (Ohio Ct. App.), 1324
– Okla. administrative subpoena to search chiropractor's office, state board official not liable (10th Cir.), 721
– Peer review issues

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– Sovereign immunity, state policy of not licensing nurses in methadone maintenance program (M.D. Pa.), 973
– Texas

– – Constitutional violations alleged, physicians' group has standing to sue Tex. medical board (5th Cir.), 1718
– – Felony charge against nurse for report to state medical board, acquittal (Tex. Dist. Ct.), 251
– – Immunity, medical board members may not be sued in connection with revocation (E.D. Tex.), 1323
– – Medicare fraud prosecution, doctor not entitled to Medical Board investigation file (Tex. App.), 828
– – Suspension of medical license, civil suit does not block administrative action (Tex. App.), 684
– – Workers' compensation insurer must pay for chiropractic procedure (Tex. App.), 108

– Unlicensed chiropractors

See CHIROPRACTIC SERVICES

– V.I., abstention proper in suit by physician against territorial licensing board (3d Cir.), 100; (U.S., rev sought), 571; (rev den), 838
– Washington

– – No proof nursing home license suspended due to owner's protected speech (W.D. Wash.), 504
– – Sanction for off-label use of biofeedback machine (U.S., rev sought), 74; (rev den), 280

– Wis., medical board rules for licensing and certifying providers, new law, 751

LIENS

– Subrogation issues

See SUBROGATION

LIMITATIONS PERIODS

See STATUTES OF LIMITATIONS; STATUTES OF REPOSE

LIMITED SERVICE CLINICS (LSCs)

– Ky., cost increase due to proposed licensing rules, FTC letter, 233

LOCAL GOVERNMENT

See STATE AND LOCAL GOVERNMENT

LONG-TERM CARE

– Conn. Medicaid-participating facilities sue over low reimbursement levels (D. Conn.), 181; injunction denied, 839
– Failure to prevent wandering, review denied (5th Cir.), 1326
– Financial difficulties, Natl. States Ins. Co. ordered into rehabilitation (Mo. Cir. Ct.), 503
– Hospices, coordination with LTC hospitals, proposed rule, 1493
– Prescriptions redispensed, pharmacy company agrees to pay to settle FCA allegations (D. Md.), 1696

LONG-TERM CARE HOSPITALS (LTCHs)

– Clinical laboratories, interest on Medicare payment owed by HHS (5th Cir.), 1065
– Safety and quality information sought by Senate Fin. Comm. leaders, 342

LOUISIANA

– Abortion providers may seek state medical malpractice fund benefits, officials not immune from suit (5th Cir.), 1755
– Employment taxes of hospital unpaid, co-owners and official of affiliate company jointly and severally liable (5th Cir.), 1719
– Expert witnesses, locality rule inapplicable, pediatric nurse practitioner testimony on uniform practice (La. Ct. App.), 1565
– Health care reform constitutionality challenge

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

– Hurricane Katrina

– – Physician's defamation and false light suit against author and publisher fails (E.D. La.), 354
– – Poor preparation and handling alleged, class action certification denied in suits against hospitals, 2 cases (E.D. La.), 842

– Immigrant status, license for nonpermanent alien resident practical nurse barred, state law upheld (E.D. La.), 1280
– In-state HMOs preferred for state employees, constitutionality (5th Cir.), 568
– Medicaid

– – Drug overcharges, suit against pharmaceutical companies (La. Dist. Ct.), 1552
– – Nursing home payments excessive, state repayment, 458

– Medical devices

– – Recalls, failure to notify former patient not medical malpractice (La. Ct. App.), 692
– – Tax exemption for diagnostic devices (La. Ct. App.), 80

– Medical records copying fees, proposed class suit dismissed, amended complaint allowed (E.D. La.), 909
– Out-of-network care, beneficiary not entitled to 100 percent of costs (5th Cir.), 567
– Personal jurisdiction, clinic's reimbursement suit against out-of-state Kaiser HMOs fails (5th Cir.), 1183
– Staff privileges

– – Negligent credentialing, malpractice claim requires medical review panel (La. Ct. App.), 286
– – Surgeon's remaining state law claims remanded to state court (5th Cir.), 538

– Workers' compensation

– – Any willing provider law, providers enjoined from seeking higher payments for services to claimants (5th Cir.), 1063
– – PPO rates lower, reimbursement schedule applicable (La. Ct. App.), 1361

– Zyprexa off-label marketing, Eli Lilly settlement with state (E.D. N.Y.), 531

LOW-INCOME PERSONS

– Charity care

See CHARITY CARE

– DSHs, exclusion of services for patients covered by Ariz. program (9th Cir.), 1358
– Dual eligibles

See DUAL ELIGIBLES

– Uninsured

See UNINSURED PERSONS

LPNs

See generally NURSES AND NURSING

LSCs

See LIMITED SERVICE CLINICS (LSCs)

LTC

See LONG-TERM CARE

LTCHs

See LONG-TERM CARE HOSPITALS (LTCHs)