Health Law Reporter Index-Summary

MACs

See MEDICARE ADMINISTRATIVE CONTRACTORS (MACs)

MAINE

– Annual and lifetime caps on benefits barred, new law, 536
– Autism treatment coverage for children under age 5, new law, 605
– Data mining, prescription drug data sales restrictions, law upheld (1st Cir.), 1135
– Medical licensing board disciplinary proceedings, federal court lacks jurisdiction (D. Me.), 1029
– Whistleblower protection, physician complaints about another's competency, nominal damages (D. Me.), 1359

MALPRACTICE

– Absolute impairment defense does not bar suit that arose out of treatment for snowmobile injury while drunk (Mich. Ct. App.), 1713
– Allergic reaction to stents claim dismissed for lack of scientific proof (Wash. Ct. App.), 316
– Birth-injury compensation plan

– – Hospital's liability limited by predelivery notice given by doctor (Fla. Dist. Ct. App.), 42; reversed on reconsideration, 615
– – Notice by only one entity inadequate (Fla.), 105

– Civil rights of patient, negligence claims against state-operated hospital fail (D. Colo.), 1289
– Comparative negligence, patient who drove home from hospital knew of drug's effects (Fla. Dist. Ct.), 1566
– Damages

See DAMAGES

– Del. wrong-site surgery law, biopsy of wrong organ tissue (Del), 990
– Doctor-patient relationship required, telephone conversation between treating and nontreating physicians (Okla.), 250
– Electronic health records, impact on discovery, 1265
– Ex parte interviews

– – HIPAA does not bar access to treating physicians (D. Kan.), 1648
– – Informal interviews with nonparty physicians barred by HIPAA (Mo.), 1278
– – Wash., improper contacts, new trial only if prejudice to plaintiff shown (Wash.), 1787

– Expert witnesses

See EXPERT WITNESSES

– Failure to supervise, ordinary negligence not medical malpractice, no expert testimony required (N.C.), 543
– Financial Accounting Standards Board

– – Comments on legal costs of suits, 1221
– – Guidance on insurance claims and recoveries of health care entities, 1254

– Georgia

– – “Gross negligence” burden of proof for claims against emergency and obstetrics care providers does not violate state constitution (Ga.), 390
– – Lack of extension of time for incompetent persons to file claims not unconstitutional (11th Cir.), 315

– Hospitals, claims down but amount per claim increased, survey, 1611
– Ind., state patient compensation fund, incorrect damages calculation (Ind. Ct. App.), 1071
– Insurance

See MALPRACTICE INSURANCE

– Jury trials

See JURY TRIALS

– Md., physician failure to disclose suit to medical board, reprimand (Md. Ct. Spec. App.), 1750
– Medicaid contractors not obliged to seek reimbursement from tortfeasors before obtaining federal reimbursement (8th Cir.), 1095
– Negligent credentialing

– – Malpractice claim requires medical review panel (La. Ct. App.), 286
– – Valid cause of action (Utah), 724

– N.H., screening requirement, question of application to claim of sexual assault on patient certified (D.N.H.), 542
– Noneconomic damages, caps

See DAMAGES

– North Carolina

– – Certification must accompany claim of Alzheimer's patient who fell out of window (M.D.N.C.), 316
– – Expert testimony on national nursing home standard of care (N.C. Ct. App.), 351

– Orthotists, professional device fitters not subject to medical malpractice claims (E.D. Tenn.), 289
– Peer review issues

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– Recalls, failure to notify former patient not medical malpractice (La. Ct. App.), 692
– Reform

See MALPRACTICE REFORM

– Reporting, NPDB

See NATIONAL PRACTITIONER DATA BANK (NPDB)

– Settlements

See generally SETTLEMENTS

– Staffing services general contractor liable for negligence of nurse employed by subcontractor (D.N.H.), 220
– Statutes of limitations

See generally STATUTES OF LIMITATIONS

– Statutes of repose

See STATUTES OF REPOSE

– Stent implant in child, claims dismissed (3d Cir.), 352
– Stillborn infant, dismissal of claims improper (Ind. Ct. App.), 1111
– Subletting space to other doctors, no liability for harm caused by subtenant (Or. Ct. App.), 420
– Subrogation issues

See SUBROGATION

– Taxation of attorneys' expenses, deductibility in contingency fee cases, AMA letter opposing change, 1297
– Tennessee

– – Claimants may recover as damages amounts paid or payable including Medicaid reimbursements (W.D. Tenn.), 1528
– – Notice requirement

– – – Extraordinary cause for waiver (Tenn. Ct. App.), 951
– – – Lacking for wrongful death claims (Tenn. Ct. App.), 575

– – Standards of care different for physicians and physician assistants (Tenn.), 914

– Tex., gross negligence, summary judgment, appropriateness (Tex. App.), 1182
– Trucking company that settled accident victim's claims may not sue treating hospital for negligent care (Miss.), 781
– Unnecessary tests ordered, protection against suits, survey, 952
– Vt., doctors may be questioned about ordinary course of business review of misdiagnosis death (D. Vt.), 250
– Vicarious liability of hospitals

See HOSPITALS

– Wis., transfer of funds from medical malpractice fund to Medicaid (Wis.), 1030
– Wrongful birth

See WRONGFUL BIRTH

– Wrongful death cases

See WRONGFUL DEATH

MALPRACTICE INSURANCE

– Abortion providers may seek La. state medical malpractice fund benefits, officials not immune from suit (5th Cir.), 1755
– McCarran-Ferguson Act repeal for health and malpractice insurers

– – Periello (D-Va) and Markey (D-Colo) drafting bill, 209
– – Proposals

See LEGISLATION, FEDERAL, HR 3596, HR 3962, HR 4626, S 1681, S 3217

– – Vote delayed, 237
– – Warnings from actuaries, 131

– N.H., malpractice fund surplus cannot be used to balance state budget (N.H.), 187
– Pa. improperly used funds to balance state budget, 2 cases (Pa. Commw. Ct.), 614
– Privileges revocation, failure to maintain insurance as required by hospital bylaws (Tenn. Ct. App.), 217

MALPRACTICE REFORM

– Grants to develop alternatives, HHS, 881
– Noneconomic damages caps

See DAMAGES

MANAGED CARE

See also HEALTH MAINTENANCE ORGANIZATIONS (HMOs)
– AMA managed care contract database to help physicians negotiate, 421
– California

– – Fines for violations of prompt payment and fair pay laws, 1656
– – Patient care standards preempted by Medicare Advantage (Cal.), 413
– – Stop-loss claims, Anthem agrees to pay hospitals, 1656
– – Timely access to nonemergency care rules, 145

– Medicaid

See MEDICAID MANAGED CARE

– Mental health parity, behavioral plans sue to block rule (D.D.C.), 501
– Out-of-network services

– – “Allowable amount” challenge (N.D. Ill.), 141
– – N.J., assignment of benefits, plans must pay out-of-network providers, 146
– – Surgical group, only quasi contract and unjust enrichment claims survive (E.D. Mo.), 339
– – UnitedHealth Group Inc., physicians' claims settlement, AMA assistance, 604; doctors urged to file early, 1279

– Underpayments alleged, physician and ambulatory surgical practice must pursue administrative appeals (D.N.J.), 1321
– WellCare, accounting schemes securities putative class settlement (M.D. Fla.), 1186

MARIJUANA, MEDICINAL USE

– Ariz., ballot initiative, 1570; measure passed, dispensing limits, 1596
– Colo., oversight, new requirements for providers and dispensaries, 844
– Iowa pharmacy board rejects request to develop compassionate use rules, 1397
– Or., S.D., ballot initiatives fail, 1570

MARKETING

See also ADVERTISING
– Avandia, marketing as “wonder drug” for diabetes, suit by Utah attorney general (Utah Dist. Ct.), 1592
– DME, telemarketing calls to beneficiaries improper, IG notice, 95
– Exclusivity, subpoena of drug company executive, first-filer rights (D.D.C.), 1738
– Johnson & Johnson, reversal of civil penalty, allegedly misleading communications to state health care providers about Duragesic and Risperdal (W. Va.), 1639
– Medical devices

– – Pacemaker products, ELA Med. Inc. settles qui tam suit (S.D. Fla.), 1517
– – Sorin Group settles sales and marketing allegations with U.S., 381

– N.H., new health data law, 27
– N.Y., MA sales agent licensing, HMO agrees to pay fine, 649
– Off-label use

See OFF-LABEL USE

– OxyContin

– – Former sales manager qui tam relator (4th Cir.), 449; (U.S., rev sought), 1274; cases pending as new term begins, 1307; (rev den), 1421
– – Misbranding, 12-year exclusion of drug company executives upheld (D.D.C.), 1774

– Prescription drug data sale restrictions

– – Me. law upheld (1st Cir.), 1135
– – Vt. law barring sale or use of prescriber-identifiable data unconstitutional (2d Cir.), 1629

– Retail-based clinics

See LIMITED SERVICE CLINICS (LSCs)

– R.I., discount medical plans, standards, new law, 939
– Social media

See generally INTERNET

MARYLAND

– Alford plea, physician entitled to hearing prior to license revocation (Md.), 722
– Expert witnesses, procedure common to two specialties (D. Md.), 1663
– Injuries to child, records of state social services agency subject to subpoena (D. Md.), 659
– Joint tort-feasor credit for physician barred by settlement with hospital (Md.), 1564
– Medicaid

– – False health claims act, new whistleblower law, 564
– – Pre-eligibility medical expenses incurred by nursing home residents, settlement (Md. Cir. Ct.), 1217

– Medical homes, nurse practitioners, and other bills signed by governor, 566
– Medical intern discharged as unqualified, no ADA violation (4th Cir.), 378
– Negligent credentialing as cause of action (D. Md.), 1180
– Noneconomic damages cap

– – Applies where arbitration waived (Md.), 106
– – Equal protection challenge (Md.), 589

– Physician failure to disclose medical malpractice suit to medical board, reprimand (Md. Ct. Spec. App.), 1750
– Whistleblowers, reporting to supervisors, wrongful termination suit allowed (Md.), 708

MASSACHUSETTS

– Abortion buffer zone law (U.S., rev den), 423
– Caritas Christi Health Care sale

– – Acquisition by private equity firm, 462
– – Approved by Mass. Atty. Gen., 1439
– – Court approval (Mass.), 1530

– Discipline of male RN for improper conduct with inebriated emergency department patients upheld (Mass.), 721
– Health care reform, employer-subsidized health insurance requirement, inability to pay premium (Mass.), 601
– Insurance rate requests

– – Harvard Pilgrim, state regulators' denial of rate increase overturned, 905; settlement, 984
– – Insurers challenge disapproval of rate hikes (Mass. Super. Ct.), 502; denial of preliminary injunction, 534

– Kickbacks to write off-label prescriptions for Kaletra, partial dismissal of state and federal claims (D. Mass.), 1057
– Medicaid

– – Actavis agrees to pay Mass. to settle inflated prices suit (D. Mass.), 380
– – Appropriate settings, challenge to class of developmentally disabled persons settlement (1st Cir.), 148
– – AstraZeneca average wholesale prices class action, aggregate damages award (U.S., rev sought), 1307; dismissed, 1379
– – Mylan settles drug pricing case (D. Mass.), 1594
– – Omnicare Inc., FCA settlement (N.D. Ill.), 1314
– – Urine drug tests, clinical laboratory agrees to pay state, 237
– – Watson Pharmaceuticals settles inflated prices suit (D. Mass.), 237

– Medical bills and proof of write-offs allowed to show value of medical services (Mass.), 1069
– Nursing home, no criminal liability for death based on negligence of multiple employees (Mass.), 739
– Off-label marketing, Stryker Biotech settles allegations (Mass. Super. Ct.), 1241
– Partners HealthCare domination., Justice Dept. probes contracting practices, 642
– Peer review remedies, failure to exhaust remedies created by bylaws (Mass. App. Ct.), 1067
– Postpartum depression, new law requires insurers to submit screening data, 1215
– Psychotherapist and patient privilege, no public interest exception, suspected overprescription of pain medication (Mass.), 1327
– Sexual assault by doctor, common-law charitable immunity, since repealed, applicable to suit (Mass. App. Ct.), 952
– Workers' compensation, CVS Pharmacy Inc. agrees to pay Mass. cities and towns, drug overcharging alleged, 1275

MCCARRAN-FERGUSON ACT

– Arbitration, Federal Arbitration Act “reverse preempted,” clause lacking state notice provisions unenforceable (Tex. App.), 1547
– Repeal for health and malpractice insurers

– – Periello (D-Va) and Markey (D-Colo) drafting bill, 209
– – Proposed

See LEGISLATION, FEDERAL, HR 3596, HR 3962, HR 4626, S 1681, S 3217

– – Vote delayed, 237
– – Warnings from actuaries, 131

MEDIATION

See ARBITRATION

MEDICAID

– ADA “reasonable accommodation,” exception to eligibility income cap (D.N.J.), 247
– Alabama

See ALABAMA

– Alternative benefit packages, final rule, 653
– Annual report on finances, update, 1023
– Arizona

See ARIZONA

– CIAs, disclosure of reports prepared by hospital to demonstrate compliance (Tenn. Ct. App.), 1516
– Claims databases, update to help fraud detection, 337
– Colo., in-home attendant care cuts (Colo. Dist. Ct.), 77
– Conn. participating nursing homes sue over low reimbursement levels (D. Conn.), 181; injunction denied, 839
– Dental management company services to low income children (D. Md.), 135
– Drug coverage

See MEDICAID DRUG COVERAGE

– Dual eligibles

See DUAL ELIGIBLES

– Early and periodic screening, diagnostic, and treatment services for children settlement, D.C. waited too long to seek relief alleging change of law (D.D.C.), 1140
– EHR incentives

See ELECTRONIC HEALTH RECORDS

– Exclusions and terminations

See EXCLUSIONS AND TERMINATIONS

– Expansions in health care reform, first guidance to states, 538
– Federal matching funding boost

– – Cost-shifting to political subdivisions prohibition, CMS guidance, 876
– – Extension of states' matching rate boosts, 180; extension urged, 715; left out of tax extenders package, 770
– – Health IT, administrative expenses, guidelines, 1170
– – Inaction could lead to recession, governors say, 935
– – Included in unrelated aviation bill

See LEGISLATION, FEDERAL, HR 1586

– Fiscal health report overdue, Grassley (R-Iowa), 1352
– Fraud

See MEDICAID FRAUD

– FY2011 budget proposal, Sebelius highlights health programs at hearing, 209
– Ga., provider revenue tax on hospitals to cover shortfall, 726
– HHS Inspector Gen. recoveries of more than $3B expected for first half of 2010, 829; savings and potential recoveries for year of $26B, 1779
– Ind., transportation reimbursement, suit by recipients (Ind.), 1283
– Intergovernmental transfers, rule limiting payments to public providers removed, 1660
– Iowa contractors not obliged to seek reimbursement in medical malpractice cases before obtaining federal reimbursement (8th Cir.), 1095
– Liens

See generally SUBROGATION

– La., nursing home payments excessive, state repayment, 458
– Managed care

See MEDICAID MANAGED CARE

– Maryland

– – False health claims act, new whistleblower law, 564
– – Pre-eligibility medical expenses incurred by nursing home residents, settlements, 2 cases (Md. Cir. Ct.) (D.D.C.), 1217

– Massachusetts

See MASSACHUSETTS

– “Meaningful use,” CMS fact sheet, 1025
– Medi-Cal

See CALIFORNIA

– Mich., unnecessary visits by physicians alleged, home health company agrees to pay, 24
– Neb., funding in health reform bill

See LEGISLATION, FEDERAL, HR 3590

– N.H., children's dental care settlement, contempt claim fails (D.N.H.), 776
– New Jersey

See NEW JERSEY

– New York

See NEW YORK

– N.C., kickbacks for patient referral illegal, new law, 1097
– N.D., recipients may reclaim some third-party benefits from state (D.N.D.), 35
– Oklahoma

See OKLAHOMA

– Overpayments, reporting and returning, program integrity issue for providers, 1457
– Payment error rate measurement program, final rule, 1140
– Pennsylvania

See PENNSYLVANIA

– S.C., “reasonable promptness” applies to funding not provision of specific services (D.S.C.), 181
– TennCare

See TENNESSEE

– Washington

See WASHINGTON

– Wisconsin

See WISCONSIN

MEDICAID DRUG COVERAGE

– Ala., average wholesale price litigation, AstraZeneca, GlasxoSmithKline, and Novartis win on appeal (Ala.), 133
– Average manufacturer price

– – CMS final rule withdraws reimbursement provisions, 1598
– – Methodology, CMS proposal to withdraw parts of controversial rule, 1284

– Colo., OTC drugs, new law, 748
– Idaho, Sandoz average wholesale prices settlement (Idaho Dist. Ct.), 1459
– Ky., GlaxoSmithKline average wholesale prices settlement, 1275
– La., overcharges alleged, state suit against pharmaceutical companies (La. Dist. Ct.), 1552
– Marinol, qui tam action dismissal upheld, failure to identify claim linked to off-label marketing (U.S., rev den), 866
– Minn., reimbursement cuts, claims by pharmacies and beneficiaries (D. Minn.), 282; appeal filed (8th Cir.), 571
– Mo., drug pricing scheme, Roxane Inc. agrees to pay (Mo. Cir. Ct.), 452
– National average wholesale pricing litigation

– – Abbott, B. Braun, and Roxane Lab. settlements announced, 1696
– – Actavis agrees to pay Mass. to settle inflated prices suit (D. Mass.), 380
– – AstraZeneca, class action, aggregate damages award (U.S., rev sought), 1307; dismissed, 1379
– – Corporation as original source (D. Mass.), 207
– – McKesson agrees to pay Conn. to settle inflated prices suit (D. Mass.), 1485
– – Mylan settles Mass. drug pricing case (D. Mass.), 1594
– – Protonix, Wyeth accused of fraudulent price reporting, 17 more states join case (D. Mass.), 712
– – Violation of N.Y. law by 12 firms (D. Mass.), 174
– – Watson Pharmaceuticals agrees to pay Mass. to settle (D. Mass.), 237

– N.Y. rate cuts, pharmacists group denied preliminary injunction, appeal filed (N.D.N.Y.) (2d Cir.), 571
– Nitrogen Sustained Release capsules no longer eligible for reimbursement, manufacturer settles FCA claims (D. Mass.), 274
– Off-label marketing of human growth hormone and kickbacks alleged, dismissal of qui tam suit (D. Mass.), 1312
– 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

– Rebate agreements, rule allowing federally funded medical clinics to enforce “ceiling prices” (U.S. rev grant), 1355
– Teva agrees to pay Tex., Fla., Cal, and U.S. government, 1022
– Utah average wholesale price suit by state attorney general dismissed (Utah Dist. Ct.), 335
– Washington reimbursement cuts

– – Pharmacies to stop filling prescriptions, 149; Walgreen will not fill prescriptions for new Medicaid patients, 414
– – Pharmacy groups appeal denial of preliminary injunction (9th Cir.), 571

– Wis., average wholesale price inflation, Boehringer Ingelheim settlement (Wis. Cir. Ct.), 598

MEDICAID FRAUD

– Anti-fraud bill

See LEGISLATION, FEDERAL, S 2964

– Avandia, marketing as “wonder drug” for diabetes, suit by Utah attorney general (Utah Dist. Ct.), 1592
– Behavioral health care provider's employment of excluded individuals, 336
– Cochlear implant maker settles kickback allegations (D. Colo.), 829
– Crossover claims, WellStar agrees to repay Ga. for excessive reimbursements, 1275
– Drug price allegations

See generally MEDICAID DRUG COVERAGE

– Floating Hospital settles improper billing claims (S.D.N.Y.), 809
– Fraud prevention summit, HHS and DOJ increase efforts, 1240
– Kickbacks to write off-label prescriptions for Kaletra, partial dismissal of state and federal claims (D. Mass.), 1057
– N.J., state False Claims Act amended to increase recoveries, 134
– Nursing homes quality of care, St. Louis-area owner agrees to pay over $1M in fines (E.D. Mo.), 75
– Pain clinic and billing company agree to pay, spinal decompression qui tam suit (E.D. Mo.), 336
– Parent company dismissed from FCA case, no proof of involvement in subsidiaries' juvenile psychiatrist facility alleged false claims scheme (W.D. Va.), 1096
– Payments for referrals alleged, Tulsa hospital settles claims, 24
– Privacy, breaches by Alaska fraud unit's seizure of women's clinic files and release of patient information alleged (Alaska Super. Ct.), 942
– Recoveries, FCA judgments in FY2010 of $2.5B, DOJ announcement, 1640
– St. Louis orthopedic clinic settles billings charges, 98
– Simi Valley Hosp., Cal., FCA settlement (C.D. Cal.), 1553
– Speech therapy by unqualified aides, suit settles (D. Idaho), 1743
– Unsupervised nurse practitioners allegedly performed procedures, qui tam suit dismissed (9th Cir.), 1776
– Urine drug tests not covered, Life Lab. agrees to pay Mass., 237
– Vt., internet pharmacy, suit remanded (D. Vt.), 1313

MEDICAID MANAGED CARE

– Expansion, Waxman (D-Cal) warns insurers not to take unfair advantage, 1315
– Haw., mandated enrollment for aged, blind, or disabled (D. Haw.), 76
– Pa., family planning services overpayment, denial of hearing request (W.D. Pa.), 775
– Tex., no special authorization needed for payment to provider ordered by administrative law judge (Tex. App.), 908

MEDICAL DEVICES

– Anti-kickback laws

– – Enforcement changes, impact on industry, 1094
– – Medtronic Sofamor Danek, qui tam suit, prior public disclosures (1st Cir.), 1311
– – Pacemaker products, ELA Med. Inc. settles qui tam suit (S.D. Fla.), 1517
– – Postmarket studies to pay kickbacks, Boston Scientific Corp. settles, 24
– – St. Jude Medical

– – – FCA settlement (N.D. Ohio), 809
– – – Government motion to intervene in qui tam suit (D. Mass.), 1133

– – Sorin Group settles sales and marketing allegations with U.S., 381

– Bone cement maker's monopolization claims against Medtronic fails (N.D. Cal.), 1587
– Catheter maker, bundled discounts to GPOs, no antitrust injury to hospital (8th Cir.), 1206; rehearing granted, 1481
– Cochlear implants

– – Faulty devices, maker reimbursement of providers for services, advisory opinion, 1273
– – Kickbacks, maker settles allegations (D. Colo.), 829

– Contribution, hospital need not disclose peer review materials to device maker (E.D. Mich.), 612; FDA site visit records and physician credential files protected by privilege, 755; summary judgment for device maker, Medtronic, 1437
– Defective internal cardioverter defibrillator, expert testimony, physician standards of care (S.C. Ct. App.), 1290
– Disputed decisions, HHS Inspector Gen. 2011 work plan, 1393
– Exactech agrees to corporate compliance and monitoring, deferred prosecution agreement (D.N.J.), 1743
– Financial ties between doctors and industry, senators urge HHS to provide disclosure guidance, 1596
– Infusion pump, hospital may be liable as seller or distributor (D. Mass.), 1789
– Intravenous fluid pump defect, opportunity for qui tam relator to amend complaint (5th Cir.), 1515
– Laser treatments, joint ventures that allow urologists to provide to Medicare patients, claims dismissed (D.D.C.), 1777
– Louisiana

– – Diagnostic devices tax exemption (La. Ct. App.), 80
– – Possible future addition of nondiverse defendants does not bar removal (W.D. La.), 725
– – Recalls, failure to notify former patient not medical malpractice (La. Ct. App.), 692

– Medical monitoring claim fails, unapproved device used on infant (3d Cir.), 1249
– Needles and sharps

See NEEDLES AND SHARPS

– Negligent spoliation by third party not recognized tort (Ariz.), 690
– Orthopedic devices distributor's antitrust and RICO suits against manufacturers dismissed (3d Cir.), 798
– Orthotists, professional device fitters not subject to medical malpractice claims (E.D. Tenn.), 289
– Pulse oximeters, no antitrust violation for new and improved devices (9th Cir.), 62
– Settlement received from maker of off-label device must be set off from medical malpractice award (D.S.D.), 1253
– Sleep apnea devices, sale to federal agency, antitrust suit (E.D. La.), 1268
– Stents

– – Allergic reaction, claim dismissed for lack of scientific proof (Wash. Ct. App.), 316
– – Implant in child, claims dismissed (3d Cir.), 352
– – Unnecessary implantations, Senate panel looks at cost and doctor's relationship to Abbott, 1700

– Tax

– – Excise, health reform law

See LEGISLATION, FEDERAL, HR 4872

– – Repeal

See LEGISLATION, FEDERAL, HR 5615

– Vitreoretinal surgery equipment makers settle antitrust disputes, 642

MEDICAL ERRORS

See also ADVERSE EVENTS
– Cal., chief executives of hospitals asked to report on serious patient incidents, 1608
– Conn., new law expands disclosure and whistleblower protections, 953
– Del. wrong-site surgery law, biopsy of wrong organ tissue (Del), 990
– Disclosure, study finds fewer lawsuits, 1190
– Tenn., vicarious liability suit against hospital even though case against physicians barred (Tenn.), 1495

MEDICAL MARIJUANA

See MARIJUANA, MEDICINAL USE

MEDICAL MONITORING

– Unapproved medical device used on infant, claim fails (3d Cir.), 1249

MEDICAL RECORDS

– Ariz. chiropractor must produce records of nonpatient subpoenaed by licensing board (Ariz. Ct. App.), 103
– Copying

– – Class action dismissed, amended complaint allowed (E.D. La.), 909
– – Handling fee of $20 allowed (Ill.), 415

– Doctor-patient privilege

See PRIVACY AND CONFIDENTIALITY

– Electronic health records

See ELECTRONIC HEALTH RECORDS

– 11th Amendment

– – Protection and Advocacy for Individuals with Mental Illness Act suit seeking access to state agency mental health records not barred (7th Cir.), 609; stay denied, 777; (U.S., rev sought), 1108
– – State agency barred from seeking medical records of mentally ill individuals who died at state treatment facility (U.S., rev grant), 878; cases pending as new term begins, 1307

– HIPAA

See HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

– Ind., Atty. Gen. authority to secure abandoned health records, 1061
– Patient files from office of Tenn. pediatrician indicted on health care fraud charges, warrants sufficient (6th Cir.), 840
– Personal, medical, and financial information on stolen hospital computer discs, failure to show injuries, dismissal (Or. Ct. App.), 1428
– Privacy issues

See generally PRIVACY AND CONFIDENTIALITY

– Psychotherapist and patient privilege, no public interest exception, suspected overprescription of pain medication (Mass.), 1327
– Research, new Del. law allows disclosure of protected health information, 979

MEDICARE

– Appeals, recovery audit contractor's decision to reopen payment decision (S.D. Cal.), 1107
– Attorney accused of false certification, former Tenet general counsel, notice of intention to dismiss as time-barred (S.D. Fla.), 496; dismissed, 597
– Cancer hospital reimbursements reasonable (D.D.C.), 608
– CIAs, disclosure of reports prepared by hospital to demonstrate compliance (Tenn. Ct. App.), 1516
– Claims databases, update to help fraud detection, 337
– Claims records, nonprofit consumer magazine may not obtain documents (U.S., rev den), 574
– Cost reports

See COST REPORTS

– Denial of claims, physician-target of fraud investigation failed to exhaust administrative remedies (D.N.J.), 1033
– DME

See DURABLE MEDICAL EQUIPMENT (DME)

– Drug coverage

See MEDICARE DRUG COVERAGE

– DSH payments

See DISPROPORTIONATE SHARE HOSPITALS (DSHs)

– Dual eligibles

See DUAL ELIGIBLES

– EHR incentives

See ELECTRONIC HEALTH RECORDS

– Exclusions and terminations

See EXCLUSIONS AND TERMINATIONS

– Fraud

See MEDICARE FRAUD

– HHS Inspector Gen. recoveries of more than $3B expected for first half of 2010, 829; savings and potential recoveries for year of $26B, 1779
– Hospices, provider cap rule

See HOSPICE CARE

– Hospital payment

See HOSPITAL PAYMENT

– Independent Payment Advisory Board

See LEGISLATION, FEDERAL, HR 3590; LEGISLATION, FEDERAL, HR 4872

– Interest on payment owed clinical laboratory by HHS (5th Cir.), 1065
– Joint ventures that allow urologists to provide laser treatments to Medicare patients, claims dismissed (D.D.C.), 1777
– Kickbacks

See generally ANTI-KICKBACK LAWS

– Medicare Advantage

See MEDICARE ADVANTAGE (MA)

– Medigap coverage

See MEDIGAP

– Nurse anesthetists, physician supervision

– – Cal., waiver, doctors sue state (Cal. Super. Ct.), 216; state action upheld, 1470
– – Colo. may seek federal waiver of Medicare requirement, 1329; waiver sought, 1394

– Offshore insurer, reimbursement for hospital group's malpractice and reimbursement premiums (D.C. Cir.), 1176
– Outlier payments

See OUTLIER PAYMENTS

– Outlook 2010, top health law issues, 5
– Part B fee schedule, failure to revise, Cal. counties may pursue claims (9th Cir.), 1435
– Part D

See MEDICARE DRUG COVERAGE

– Pay-for-performance

See PAY-FOR-PERFORMANCE PROGRAMS

– Physician payment

See PHYSICIAN PAYMENT

– PPS

See PROSPECTIVE PAYMENT SYSTEM (PPS)

– Secondary payer program

See SECONDARY PAYER PROGRAM

– SNFs

See SKILLED NURSING FACILITIES (SNFs)

– Spending cuts in health reform law, report, 598
– Stent implantations, unnecessary, Senate panel looks at cost and doctor's relationship to Abbott, 1700
– Taxation, hospital not entitled to deduct Medicare and Medigap payments from business and occupation tax revenues (Wash. Ct. App.), 1609
– Trust fund extended by health reform law passage, 1177

MEDICARE ADMINISTRATIVE CONTRACTORS (MACs)

– CMS oversight, Grassley (R-Iowa) questions accountability, 1427

MEDICARE ADVANTAGE (MA)

– ACOs impact, CMS cautious, 1314
– Cal. and common law patient care standards preempted (Cal.), 413
– Data on effect of health reform law, Republicans on Senate Fin. Comm., 1352
– ERISA, SNF's state law claims against MA insurer not preempted (E.D. Wis.), 1651
– False diagnosis codes, Fla. providers agree to pay to settle FCA claims (S.D. Fla.), 1640
– N.Y., sales agent licensing, HMO agrees to pay fine, 649
– Payment rate adjustment

See LEGISLATION, FEDERAL, HR 4872

MEDICARE+CHOICE

– Ed. Note: The name of this program was changed from Medicare+Choice to Medicare Advantage under the Medicare Prescription Drug, Improvement and Modernization Act of 2003.

MEDICARE DRUG COVERAGE

– Ed. Note: Entries at this heading refer to Medicare Part D unless otherwise indicated.
– Abbott, B. Braun, and Roxane Lab. price inflation settlements announced, 1696
– Doughnut hole, gradual closure

See LEGISLATION, FEDERAL, HR 4872

– Dual eligibles, financial relief to states from HHS, 285
– Exhaustion of remedies, dismissal of beneficiaries' suit seeking benefits from insurer (9th Cir.), 1285
– Fraudulent transactions

See MEDICARE FRAUD

– Overpayments, dismissal of suit seeking waiver of refunds erroneously sent by government (D.C. Cir.), 878
– Oversight limited, testimony before Senate panel, 337
– Part B inhalation drugs, least costly alternative policy not allowed to set reimbursement rates (D.C. Cir.), 37
– Patient assistance programs

– – Donor-funded program to assist underinsured with drug copays, advisory opinion, 768
– – Nonprofit organization grants shield beneficiaries from donors, advisory opinion, 809

MEDICARE FRAUD

See also FALSE CLAIMS
– ACOs

– – DOJ official promises guidelines will held avoid violations, 1691
– – Guidance needed, stakeholders tell federal officials, 1424; recordings and transcript available, 1500

– Anti-fraud bill

See LEGISLATION, FEDERAL, S 2964

– Behavioral health care provider's employment of excluded individuals, 336
– Blood gas test interpretations allegedly not performed, Tex. hospital agrees to pay, 24
– Civil fraud unit established by U.S. Attorney for Southern District of N.Y., 496
– Cochlear implant maker settles kickback allegations (D. Colo.), 829
– Compliance burden, problems for defense counsel, 493
– Conn. hospital overbilling for infusion therapy, chemotherapy, and blood transfusion, settlement, 274
– Evaluation and management of cardiology patients overbilling alleged, Genesys Health Sys. agrees to pay, 24
– Exactech agrees to corporate compliance and monitoring, deferred prosecution agreement (D.N.J.), 1743
– Exclusions, closing gaps

See LEGISLATION, FEDERAL, HR 6130

– False certifications, FCA suit dismissal for insufficient pleading (9th Cir.), 1134; (U.S., rev sought), 1483
– Foot care not covered by Medicare, Mo. hospitals agree to pay to settle FCA charges, 1696
– Fraud prevention summit, HHS and DOJ increase efforts, 1240
– Home dialysis supplies and equipment, repayment of $19.3M (M.D. Tenn.), 450
– Individuals will be pursued as aggressively as companies, DOJ official, 1484
– Inflated charges, Cal., nonprofit hospital settles charges (S.D. Cal.), 1313
– Infusions overbilling, S.D. hospitals agree to pay to settle allegations, 1697
– Justice Dept. memos cited by prospective government expert witness must be produced in false claims suit (D. Idaho), 208
– Kickbacks to write off-label prescriptions for Kaletra, partial dismissal of state and federal claims (D. Mass.), 1057
– Lymphatic therapy clinic, whistleblower fails to provide billing details (11th Cir.), 271
– Nationwide crackdown, 90 persons charged, 1020
– Nursing homes quality of care, St. Louis-area owner agrees to pay over $1M in fines (E.D. Mo.), 75
– NYC podiatrist, settlement (S.D.N.Y.), 135
– One-day inpatient admissions, Philadelphia hospital system agrees to pay, 1098
– Outlier payments

See OUTLIER PAYMENTS

– Pain clinic and billing company agree to pay, spinal decompression qui tam suit (E.D. Mo.), 336
– Part D oversight limited, testimony before Senate panel, 337
– Payments for referrals alleged, Tulsa hospital settles claims, 24
– Prescription drug benefits, preemption of beneficiaries' suit against insurer (9th Cir.), 1285
– Prescriptions redispensed, pharmacy company agrees to pay to settle FCA allegations (D. Md.), 1696
– Prosecution, doctor not entitled to Tex. Medical Board investigation file (Tex. App.), 828
– Radiation oncology services qui tam case, clinic and physician agree to pay (M.D. Fla.), 451
– Recoveries, FCA judgments in FY2010 of $2.5B, DOJ announcement, 1640
– Rehabilitation therapy minimum hours not met, Mass. hospital FCA settlement, 274
– St. Louis orthopedic clinic settles billings charges, 98
– Screening of providers and suppliers, IG testimony, 1352
– Simi Valley Hosp., Cal., FCA settlement (C.D. Cal.), 1553
– “Skid Row” recruiting for unnecessary treatment

See FALSE CLAIMS

– Speech therapy by unqualified aides, qui tam suit settles (D. Idaho), 1743
– Strike forces

See INVESTIGATIONS

– Taxes, deductibility of civil fraud settlement (D. Mass.), 954
– Univ. of Tex. Southwestern Med. Center at Dallas, immunity waiver fact questions, medical professor's retaliation claims (Tex. App.), 1059
– Unnecessary pathology services, dermatological practice settles, 976
– Unreasonable and unnecessary hospital admissions alleged, Minn. hospital and physician agree to pay (D. Minn.), 24

MEDICARE REFORM

– Health care reform, House and Senate bills

See LEGISLATION, FEDERAL, HR 3590, HR 3962

MEDICARE SECONDARY PAYER PROGRAM

See SECONDARY PAYER PROGRAM

MEDIGAP

– Anti-kickback laws

– – Financial arrangements between insurers and hospital networks, advisory opinion, 303
– – Insurer's proposal for contracts with hospitals, advisory opinion, 1382

– Financial difficulties, Natl. States Ins. Co. ordered into rehabilitation (Mo. Cir. Ct.), 503
– Mich., Atty. Gen. challenges BCBS rate increase (Mich. Cir. Ct.), 1322; injunction, 1655
– Mistake by insurer, hospital may keep settlement funds (8th Cir.), 383
– Taxation, hospital not entitled to deduct payments from business and occupation tax revenues (Wash. Ct. App.), 1609

MEETINGS

See CONFERENCES AND MEETINGS

MENTAL HEALTH

– ADA claims

See AMERICANS WITH DISABILITIES ACT (ADA)

– Behavioral health care provider's employment of excluded individuals, 336
– Behavioral medicine services unit of Cal. hospital, FCA settlement (C.D. Cal.), 1553
– Bipolar and other disorders, death due to Zyprexa toxicity (Tex. App.), 1715
– Court-ordered evaluation, Rooker-Feldman doctrine no bar to claims (2d Cir.), 190
– 11th Amendment

– Ga., treatment system, reorganization to emphasize community-based settings, settlement (N.D. Ga.), 1467
– Health IT incentives, extension

See LEGISLATION, FEDERAL, HR 5025

– Idaho, county liable for usual and customary rates for commitment proceeding costs (Idaho), 1756
– Ill. Institutions for Mental Diseases, settlement allows move of psychiatric patients to community-based settings (N.D. Ill.), 387
– Inpatient psychiatric care for jailed youths, restoration of benefits after release (Cal. Super. Ct.), 685
– Medical necessity of inpatient treatment, BCBS of Mass. refusal to pay upheld (D. Mass.), 278
– Or., veto of bill allowing psychologists to prescribe certain medications, 544
– Parity rules

– – Administrative Procedure Act, interim final rules (D.D.C.), 903
– – Clarification needed, lawmakers say, 677
– – Criticism by insurers, lawmakers urge federal regulators to reject comments, 935
– – Managed care, behavioral plans sue to block rule (D.D.C.), 501
– – Pointers provided by Treasury official, 339
– – Released, 178
– – Wis., new law requires for group health policies, 651

– Postpartum depression, new Mass. law requires insurers to submit screening data, 1215
– Psychiatric care facilities

See PSYCHIATRIC CARE FACILITIES

– Psychologist's license suspended, improper personal and social relationship with patient (N.J. Super. Ct. App. Div.), 1325
– Residential care for dependent's eating disorder, denial not abuse of discretion (N.D. Cal.), 383
– Restraints, patient abuse alleged, firing of state mental health workers improper (N.C. OAH), 1549
– Utah catastrophic coverage law, insurers may exclude residential treatment, 1560
– Woman murdered by discharged husband, briefing on EMTALA application to inpatients (U.S., interim order), 150; (rev den), 912

MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES

– Appropriate settings, challenge to class of Mass. developmentally disabled persons settlement upheld (1st Cir.), 148
– Autism, applied behavioral analysis therapy

See AUTISM

– Behavioral health care provider's employment of excluded individuals, 336
– Ga., reorganization of system to emphasize community-based settings, settlement (N.D. Ga.), 1467
– Tex., appropriate treatment class action filed (W.D. Tex.), 1785

MERGERS AND ACQUISITIONS

– BCBS of Michigan

– – Acquisition of Physicians Health Plan of Mid-Mich. called off, 333
– – Subsidiary's acquisition of 3 other insurance companies allowed, contribution questions (Mich. Ct. App.), 1782

– Carilion Clinic sale of Center for Surgical Excellence, FTC divestiture requirement, 447
– Caritas Christi Health Care sale

– – Acquisition by private equity firm, 462
– – Approved by Mass. Atty. Gen., 1439
– – Court approval (Mass.), 1530

– Catholic Med. Center Healthcare Sys./Dartmouth-Hitchcock Health, N.H. attorney general disapproves, 782
– Clinical laboratories, Laboratory Corp. of America acquisition of Westcliff Med. Lab. challenged (FTC), 1690
– Common interest doctrine, change-in-control transactions, BNA Insights, 1618
– CVS Caremark, advocacy group urges FTC to reopen investigation, 1589
– For-profit conversions

See FOR-PROFIT CONVERSIONS

– Forum Health sale of assets to Youngstown Ohio Hosp. Co. (Bankr. N.D. Ohio), 1163
– Harrisburg Hosp./Seidle Memorial Hosp. and Polyclinic Med. Center consolidation not bona fide sale (D.D.C.), 945
– Hart-Scott-Rodino (HSR) Act filing, report on FY2009, actions detailed, 1452
– Health insurance market, DOJ will review carefully, 741
– Health Net assets acquired by United Healthcare, HIPAA privacy issues, 139
– Horizontal merger guidelines

– – Analysis of earlier reviews, report, 1231
– – FTC and DOJ, 1203
– – Proposed changes, 595

– Lifespan/Care New England merger proposal withdrawn, 353
– Nonprofit corporate law developments in 2009, BNA Analysis & Perspective, 111
– Novartis/Alcon Inc., sale of cataract surgery drug to Bausch & Lomb (FTC), 1162
– Osteotech Inc./Medtronic Inc., waiting period lifted, 1452
– Pfizer Inc./Wyeth Inc., pharmacists' challenge dismissed (N.D. Cal.), 596
– ProMedica Health Sys./St. Luke's Hosp./Paramount Health care, FTC needs documents for review (N.D. Ohio), 1454
– St. Luke's Hospital/Allentown Osteopathic Med. Center, disallowance of claim, inadequate consideration (D.C. Cir.), 985
– Schering-Plough/Merck, settlement of shareholder class action approved (D.N.J.), 511
– Scott & White Healthcare acquisition of King's Daughters Hospital, investigation ended due to distressed financial condition (FTC), 19
– Tenn., mergers notice requirement for public hospital subsidiaries, 576
– Univ. of Pittsburgh Medical Center/Braddock Medical Center not related, depreciation denial (3d Cir.), 149
– Universal Health Serv. must sell psychiatric facilities to acquire rival Psychiatric Solutions Inc. (FTC), 1634

MEWAs

See MULTIPLE EMPLOYER WELFARE ARRANGEMENTS (MEWAs)

MICHIGAN

– Absolute impairment defense does not bar malpractice suit that arose out of treatment for snowmobile injury while drunk (Mich. Ct. App.), 1713
– Arbitration clauses, paramedics' suit against ambulance firm may proceed (6th Cir.), 639
– Autism treatment, denial of coverage (E.D. Mich.), 1748
– BCBS of Mich.

– – Acquisition of Physicians Health Plan of Mid-Mich. called off, 333
– – Autism treatment denial (E.D. Mich.), 1748
– – Medigap, Atty. Gen. challenges BCBS rate increase (Mich. Cir. Ct.), 1322; injunction, 1655
– – “Most favored nation,” anticompetitive effect of parity clauses (E.D. Mich.), 1449; Justice Dep't official discusses complaint, 1635; motion to dismiss filed, 1771
– – Negotiation of rates with hospitals, not acting as fiduciary (6th Cir.), 1746
– – Subsidiary's acquisition of 3 other insurance companies allowed, contribution questions (Mich. Ct. App.), 1782

– Civil rights laws do not protect physician who sent mass e-mail complaining about emergency room staff (Mich. Ct. App.), 1456
– Death of fetus due to alleged failure to treat incompetent cervix, mother's claim allowed (Mich. Ct. App.), 1469
– Defamation, truth of report to NPDB, claim dismissed (Mich. Ct. App.), 1602
– Health care reform constitutionality challenge

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

– HIPAA, ex parte interviews with treating physicians (Mich.), 1024; (U.S., rev sought), 1509
– Medicaid

– – Omnicare Inc., FCA settlement (N.D. Ill.), 1314
– – Unnecessary visits by physicians alleged, home health company agrees to pay, 24

– Medigap, Atty. Gen. challenges BCBS rate increase (Mich. Cir. Ct.), 1322; injunction, 1655
– “Most favored nation,” anticompetitive effect of parity clauses, state joins suit against BCBS (E.D. Mich.), 1449; Justice Dep't official discusses complaint, 1635; motion to dismiss filed, 1771
– Nursing home Medicare participation requirements survey, DHS not required to replace state agency in suit (W.D. Mich.), 184
– Staff privileges, permanent probation for refusal to record patients' prescription histories (Mich. Ct. App.), 104
– Univ. of Mich., medical errors disclosure, study finds fewer lawsuits, 1190
– Whistleblowers

– – Former ambulance company employee may assert claim (W.D. Mich.), 94
– – Physician who sent mass e-mail complaining about emergency room staff not protected (Mich. Ct. App.), 1456
– – State law, no remedy for wrongful discharge (Mich. Ct. App.), 1740

MIDWIVES

– Certified nurse midwife participating provider in state birth-injury compensation plan (Fla. Dist. Ct. App.), 42; hospital liability issue reversed on reconsideration, 615
– Consulting physician for nurse-midwives owed no duty of care to obstetrical patient (D.C.), 419
– N.Y., new law eases requirement for written agreements with physicians or hospitals, 1113

MILITARY HEALTH CARE

– Inflated prices for drugs sold to military treatment centers, settlement, 976
– Tricare

See TRICARE

MINNESOTA

– Antitrust, patent ductus arteriosus drugs, product market (D. Minn.), 1309
– Battery, misplaced injection claim fails (Minn. Ct. App.), 616
– Medicaid drug reimbursement cuts, claims by pharmacies and beneficiaries (D. Minn.), 282; appeal filed (8th Cir.), 571
– Mistake by insurer, hospital may keep settlement funds (8th Cir.), 383
– Newborn blood samples for DNA screening, genetic privacy claims (Minn. Ct. App.), 1243
– Postpartum hemorrhaging cause of mother's death, jury award against hospital due to blood bank errors (Minn. Dist. Ct.), 1529
– Rural health cooperative, settlement of price collusion charges (FTC), 863

MINORITY HEALTH CARE

– Univ. of Pittsburgh Med. Center, agreement to promote access to services in community surrounding closed hospital, 1293

MISSISSIPPI

– ADA, “regarded as,” nurse's temporary ischemic attacks not seen as disqualifying from other jobs (5th Cir.), 1636
– CON, state law does not permit extensions after expiration (Miss.), 269
– Lung transplant, misrepresentation of plan coverage state law suit (S.D. Miss.), 71
– Nursing home racial discrimination against African American employees, claims may proceed, 2 cases (N.D. Miss.), 1350
– Trucking company that settled accident victim's claims may not sue treating hospital for negligent care (Miss.), 781
– Zyprexa, Eli Lilly agrees to pay state (Miss. Cir. Ct.), 236

MISSOURI

– Alcohol-related absenteeism, discipline of nurse based on indirect threat of patient harm (Mo. Ct. App.), 1029
– At-will employee, suit alleging discharge in retaliation for reporting safety violations fails (Mo.), 234
– Autism diagnosis and treatment coverage, new law, 837
– Copayment and coinsurance overcharges by Coventry Health Care HMO, class certification, 2 cases (W.D. Mo.), 1321; copay cap applies to prescription drugs, 1704
– Expert witnesses, radiologist may testify about standard of care for vertebroplasty performed by neurosurgeon (Mo.), 950
– Financial difficulties, Natl. States Ins. Co. ordered into rehabilitation (Mo. Cir. Ct.), 503
– HMO violated state rule by charging copayment and coinsurance for single service, member standing (W.D. Mo.), 1490
– Informal ex parte interviews with nonparty physicians barred by HIPAA (Mo.), 1278
– Medicaid drug pricing scheme, Roxane Inc. agrees to pay (Mo. Cir. Ct.), 452
– Medical board letter expressing opinion of certified nurse anesthetists not scope of practice rule (Mo. Ct. App.), 1363
– Noneconomic damages cap, no retroactive application (Mo.), 459; overview of recent rulings, 589
– Nursing homes quality of care, St. Louis-area owner agrees to pay fines over $1M (E.D. Mo.), 75
– Out-of-network services, only surgical group's quasi contract and unjust enrichment claims survive (E.D. Mo.), 339
– Peer review privilege narrow, discovery of third person report (Mo. Ct. App.), 1601
– Prompt pay, new law gives insurers 45 days to pay or deny claims, 650

MONITORING AND MEASUREMENT

– Medical monitoring

See MEDICAL MONITORING

MONTANA

– Assisted suicide, physicians may aid terminally ill patients (Mont.), 39
– ERISA

– – Premiums law duplicative, preempted (D. Mont.), 1172; premiums of similarly-situated individuals, §702, 1433
– – State insurance commissioner ban on “discretionary clauses” (U.S., rev sought), 229; review of filings, 602; (rev den), 717

MORNING-AFTER PILL

See generally CONTRACEPTION

MSP (MEDICARE SECONDARY PAYER PROGRAM)

See SECONDARY PAYER PROGRAM

MULTIDISTRICT LITIGATION (MDL)

– National average wholesale pricing litigation

See MEDICAID DRUG COVERAGE

MULTIPLE EMPLOYER WELFARE ARRANGEMENTS (MEWAs)

– ERISA

– – Mont. BCBS, increase of employer's group health premiums, §702 (D. Mont.), 1433
– – No preemption where insurance purchased by individual (M.D. Fla.), 179

– Health care reform rules, challenges for collectively bargained plans, 1137