Health Law Reporter Index-Summary

NATIONAL COMMITTEE FOR QUALITY ASSURANCE (NCQA)

– ACOs, implications of draft criteria, BNA Insights, 1573; comments from providers and patient advocates, 1647

NATIONAL ORIGIN DISCRIMINATION

See also RACIAL OR ETHNIC DISCRIMINATION
– Catholic Healthcare West, citizenship status discrimination settlement, 1456
– “Cat's paw” liability theory application to parent company or temporary agency, LPN alleging bias by supervisors (11th Cir.), 563; (U.S., rev sought), 1307; (rev den), 1380
– Judicial estoppel bars claim, but former hospital worker had standing to sue (D.C. Cir.), 800
– Sexual harassment complaints against physician, penalties in past cases (W.D. Pa.), 527

NATIONAL PRACTITIONER DATA BANK (NPDB)

– Defamation, truth of report to NPDB, claim dismissed (Mich. Ct. App.), 1602
– Disruptive conduct reportable (11th Cir.), 1362
– Due process mechanisms, final rule, 193
– Physician's employment contract bars suit against hospital for reporting (Neb. Ct. App.), 1466
– Removal from call schedule, report required (M.D. Fla.), 1526

NATIVE AMERICANS

– ERISA, tribal plan may pursue state claims against administrator (10th Cir.), 500

NATURAL DISASTERS

– Haiti earthquake, Fla. expedited licensing for out-of-state nurses to meet shortage, 180
– 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

NCQA

See NATIONAL COMMITTEE FOR QUALITY ASSURANCE (NCQA)

NEBRASKA

– Abortion

– – Informed consent law enjoined (D. Neb.), 1039
– – New laws increase restrictions, 577

– Health care reform constitutionality challenge

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

– Medicaid funding in health reform bill

See LEGISLATION, FEDERAL, HR 3590

– NPDB reporting, physician's employment contract bars suit against hospital (Neb. Ct. App.), 1466
– Peer review privilege, discovery of hospital prospective risk analysis tool (D. Neb.), 689
– Sales-tax exemption for nonprofit hospitals, veto of extension, 577
– Sexual harassment of physical therapist by chiropractor, jury award upheld (8th Cir.), 1235
– Temporary moratorium on new hospitals, 577

NEEDLES AND SHARPS

– Hepatitis outbreak due to multidosing of injected anesthesia, jury award (Nev. Dist. Ct.), 693
– Sharps disposal container maker accused of monopoly, settlement (D. Mass.), 127

NEVADA

– Hepatitis outbreak due to multidosing of injected anesthesia, jury award (Nev. Dist. Ct.), 693
– Misuse of prescription drugs, no pharmacy duty to third parties (Nev.), 107
– On-call schedule change appeal fails, privileges not renewed (9th Cir.), 776
– Ostensible agency, hospital liability for emergency room care by independent contractor (Nev.), 987
– Public entity damages cap applies to EMTALA disparate screening claim (D. Nev.), 611; jury trial required, 987

NEW HAMPSHIRE

– Autism and hearing aids and evaluations coverage, new law, 1104
– Catholic Med. Center Healthcare Sys. acquisition by Dartmouth-Hitchcock Health, state attorney general disapproves, 782
– Computer fraud claims against pathologists for alleged removal of data (D.N.H.), 1102
– Health information privacy, marketing, and breach notice laws, 27
– Malpractice fund surplus cannot be used to balance state budget (N.H.), 187
– Medicaid class action children's dental care settlement, contempt claim fails (D.N.H.), 776
– Medical injury screening requirement, third-party claims (N.H.), 1360
– Screening medical malpractice claims, question of application to sexual assault on patient certified (D.N.H.), 542
– Search warrants for privileged medical records (N.H.), 686
– State medical board's listing of resident's temporary training license as disciplinary action (1st Cir.), 750

NEW JERSEY

– Assignment of benefits, managed care plans must pay out-of-network providers, 146
– Auto insurer's review of assigned claims, discovery on providers' billing practices limited (N.J. Super. Ct. App. Div.), 1459
– Balance billing evidence, hospital claims against two different insurance companies (N.J. Super. Ct. App. Div.), 241
– BCBS

See BLUE CROSS AND BLUE SHIELD PLANS (BCBS)

– CON, hospital closure process (N.J. Super. Ct. App. Div.), 560
– Discretionary clauses in insurance, dismissal of putative class (D.N.J.), 1747
– DSHs, state charity care program patient days exclusion upheld (3d Cir.), 1524
– ERISA, hospital's suit based on terms of preferred provider agreement remanded to state court (D.N.J.), 30
– Expert signing pre-suit affidavit must be board-certified, waiver (N.J.), 1109
– Medicaid

– – ADA “reasonable accommodation,” exception to eligibility income cap (D.N.J.), 247
– – False Claims Act amended to increase fraud recoveries, 134
– – Hospital and ASC tax provisions amendment to remove cap, 1031

– Medical Board, summary sanction reversed (N.J. Super. Ct. App. Div.), 340
– New laws on chiropractors and ASC infection rate reporting, 152
– Outlier payments, Robert Wood Johnson Univ. Hospital settles qui tam suits, 2 cases (D.N.J.), 451
– Portal Initiative, 5 health plans offer single online point of access to reduce physician office costs, 243
– Property taxes, part of off-campus facility qualifies for exemption (N.J. Super. Ct. App. Div.), 1296
– Psychologist suspension, improper personal and social relationship with patient (N.J. Super. Ct. App. Div.), 1325
– St. Mary's Hospital, Passaic, N.J., bankruptcy reorganization plan (Bankr. D.N.J.), 268
– Staff privileges, temporary suspension after investigation and hearing upheld, no bylaws violation (N.J. Super. Ct. App. Div.), 752
– Unlicensed chiropractor, penalty for N.J. pain management center and owner (N.J. Super. Ct.), 769

NEW MEXICO

– Failed sterilization procedure, comparative fault (N.M. Ct. App.), 461
– HCQIA immunity, hospital failed to do reasonable fact-finding (N.M. Ct. App.), 151

NEW YORK

– Abortion, nurse's Church Amendment claim for refusal to participate (E.D.N.Y.), 152; no private right of action (2d Cir.), 1637
– Anti-subrogation law challenge dismissed (W.D.N.Y.), 1320
– Civil fraud unit established by U.S. Attorney for Southern District of N.Y., 496
– Class actions, federal rule overrides state law blocking “penalties” cases (U.S, judg rvs), 499
– Documentary evidence not sufficient for dismissal of claims against peer review members (N.Y. App. Div.), 540
– End-of-life care, information, new law, 1175
– Felony to assault nurses, new law, 1175
– Independent contractor physician alleges privileges revoked for reporting safety violations (N.Y. Sup. Ct. App. Div.), 235
– Insurance Dept.

– – Discontinuing class of insurance, new law requires notice, 1175
– – MA sales agent licensing and prompt payment violations, HMO agrees to pay fine, 649
– – Prior approval for increased premiums, new law, 836
– – Prompt pay violations, 20 insurers and HMOs fined, 1245
– – Public employee health insurance plan, providers reimburse state for inflated billings, 274
– – Small business coverage, fine ends probe of Aetna HMO, 214
– – Use of state levy, challenge by health insurers (N.Y. Sup. Ct.), 146

– Medicaid

– – Average wholesale pricing, violation of state law by 12 firms (D. Mass.), 174
– – Disabled recipients challenge transition to new service providers, TRO denied (N.D.N.Y.), 214
– – Eligibility coding errors, state to reimburse NYC (N.Y. Ct. Cl.), 283
– – False Claims Act, state law strengthened, 1210

– Mental health court-ordered evaluation, Rooker-Feldman doctrine no bar to claims (2d Cir.), 190
– Midwives, new law eases requirement for written agreements with doctors or hospitals, 1113
– Pharmaceutical waste discharges into watershed by hospitals and nursing homes, settlement, 109
– Pharmacists, state law barring licensing of aliens unconstitutional (S.D. N.Y.), 1388
– Psychiatric care facilities, NYC hospital agrees to correct systemic deficiencies (E.D.N.Y.), 78
– Radiology technician who failed licensing test lacks standing to sue under antitrust laws (S.D.N.Y.), 1482
– Rate negotiations between United Healthcare and Continuum Health Partners hospital group, statutory cooling off period (N.Y. Sup. Ct.), 189; agreement reached, 392
– Sexual abuse of child by minor sibling suspected, new trial for physician on damages apportionment (N.D.N.Y.), 660
– Surrogate health care decisionmaking process for incapacitated patients, new law signed, 388
– Taxation

– – Diagnostic imaging center license to hospital, nontaxable service, 1190
– – Insurance Dept. use of state levy, challenge by health insurers (N.Y. Sup. Ct.), 146

– UnitedHealth Group Inc. settlement, 604; AMA urges doctors to file early, 1279

NICHE HOSPITALS

See SPECIALTY HOSPITALS

NONCOMPETE CLAUSES

– Del., anesthesiologist, former employer's contract breach suit may proceed (Del. Super. Ct.), 1482
– Indiana

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

– Ky., restrictions do not apply to physician terminated without cause (W.D. Ky.), 317
– Tennessee

– – Agreements may be extended under new law, 661
– – Arbitration required (Tenn. Ct. App.), 1332

– Tex., buyout opportunity required (Tex. App.), 992

NONPHYSICIAN PRACTITIONERS

– Chiropractors

See CHIROPRACTIC SERVICES

– Collective bargaining

See NURSES AND NURSING

– Computed tomography technician, sex and pregnancy discrimination claims against hospital (E.D. Ark.), 1514
– Dentists

See DENTAL CARE

– Medical technician fired for Facebook posting about patient, 1172
– Nurses

See NURSES AND NURSING

– Occupational therapists

See REHABILITATION SERVICES

– Or., veto of bill allowing psychologists to prescribe certain medications, 544
– Orthotists, professional device fitters not subject to medical malpractice claims (E.D. Tenn.), 289
– Paramedics, discrimination by placing on probation, jury verdict in favor of African American paramedic upheld (7th Cir.), 1547
– Physician assistants

See PHYSICIAN ASSISTANTS (PAs)

– Podiatrists

See PODIATRY SERVICES

– Radiology technicians

– – Antitrust laws, person who failed licensing test lacks standing to sue (S.D.N.Y.), 1482
– – Sex discrimination and retaliation claims of former VA employees fail (1st Cir.), 1772

– Respiratory therapist with bacterial meningitis, first fines under new Cal. standard, 619

NONPROFIT ORGANIZATIONS

– Anti-kickback laws

– – Children's health system donations to fund programs at another health system, advisory opinion, 1312
– – Cystic fibrosis drug coverage, modifications in proposal to help needy patients, advisory opinion, 1552
– – Foundation created to help people with coagulation disorders, advisory opinion, 1384

– Cal., religious health care facility not exempt from compliance with state discrimination and disability access laws (S.D. Cal.), 726
– Corporate governance

See CORPORATE GOVERNANCE

– Drug discount program, Robinson-Patman Act exemption, advisory opinion, 929
– For-profit conversions

See FOR-PROFIT CONVERSIONS

– Hospitals

– – AHA charity care guidelines not met, advocacy groups, 695
– – Anti-kickback laws, children's health system donations to fund programs at another health system, advisory opinion, 1312
– – Antitrust, Houston facility settles with physician group (Tex. Dist. Ct.), 93; jury rejects claims of nonsettling doctors, 377
– – Chief executive officers, conduct, examination of recent controversies, BNA Insights, 1533
– – Clinical drug trials, proper structure may make income exempt for AMC's, attorney says, 1687
– – Community needs assessment, health reform law, 673
– – Executive compensation

See generally EXECUTIVE COMPENSATION

– – FCA, CHRISTUS Health Sys. settlement (C.D. Cal.), 1423
– – Inflated charges, Cal. medical center settles Medicare fraud charges (S.D. Cal.), 1313
– – Key corporate law developments in 2009, BNA Analysis & Perspective, 111
– – Lifespan/Care New England merger proposal withdrawn, 353
– – New health reform law

– – – Comments on 501(r) implementation, 1091
– – – Community benefit activity, reviews every 3 years not audits, IRS official, 1365
– – – Community needs assessment, Treasury Dep't and IRS aware of need for guidance, official says, 1671
– – – Excise tax for failure to satisfy community needs assessment requirement, 445
– – – Financial assistance policies, IRS and “limitation on charges,” 1415
– – – Guidance will address questions, IRS official says, 1720
– – – Implementation, IRS discussion, 1398
– – – IRS outlines new requirements, 784
– – – Provena and new federal law, BNA Insights, 467
– – – Reporting requirements under §501(r), IRS official, 1499
– – – Uninsured patients, standard on rates that can be charged changes, 512

– – Property taxes

See Property taxes, this heading

– – Robinson-Patman Act exemption, proposed discount prescription program, FTC advisory opinion, 1208
– – Sexual assault by doctor, common-law charitable immunity, since repealed, applicable to suit (Mass. App. Ct.), 952
– – Voluntary disclosure, IRS coordinator, 1439

– IRS Form 990

See TAXATION

– Property taxes

– – Ill., Provena Covena Medical Center not entitled to exemption (Ill.), 409
– – N.J., part of off-campus facility qualifies for exemption (N.J. Super. Ct. App. Div.), 1296
– – Ohio, no exemption for dialysis facility, insufficient charitable institution proof (Ohio), 1479

– Qualifications, Sen. Fin. Comm. likely to consider, 1610
– Vision Service Plan subsidiaries not tax exempt (S.D. Ohio), 917

NORTH CAROLINA

– Arbitration, assisted living facility waived right to compel, judicial discovery (N.C. Ct. App.), 1511
– Charity care policies online encouraged by advocacy group, 253
– CON

– – Denials not unconstitutional (N.C. Ct. App.), 707
– – Out-of-state diagnostic equipment usage by cancer center (N.C. Ct. App.), 561

– Failure to supervise, ordinary negligence not medical malpractice, no expert testimony required (N.C.), 543
– Hearing aid coverage for young people, new law, 812
– HIPAA, state dental board investigation subpoena of patient records (N.C. Ct. App.), 137
– Kickbacks for Medicaid patient referral illegal, new law, 1097
– Medical malpractice certification must accompany claim of Alzheimer's patient who fell out of window (M.D.N.C.), 316
– Nursing homes, expert testimony on national standard of care (N.C. Ct. App.), 351
– Peer review

– – Adverse actions no Sherman Act violation (W.D.N.C.), 525
– – Privilege not applicable, e-mails, memoranda, and reports must be produced, firing allegedly due to complaints about nursing errors (N.C. Ct. App.), 913

– Restraints, patient abuse alleged, firing of state mental health workers improper (N.C. OAH), 1549
– Speculation about injury from shoulder surgery by expert, summary judgment for defendants (N.C. Ct. App.), 392
– Subrogation, state authority to collect up to one-third of third party settlement upheld (W.D.N.C.), 941
– Teeth-whitening by nondentists banned, dental board order challenged (FTC), 863
– Urgent care center, fine for improper disposal of patient records (N.D. Super. Ct.), 747

NORTH DAKOTA

– Medicaid anti-lien provisions, recipients may reclaim some third-party benefits from state (D.N.D.), 35
– Wrongful life claim barred, failure to warn of Down syndrome, wrongful birth claim time-barred (N.D.), 1755

NOTICE

– ACOs, patient notification requirements, proposed rules due soon, 1485
– Administrative Procedure Act, mental health parity interim final rules (D.D.C.), 903
– Arbitration, McCarran-Ferguson Act “reverse preempts” Federal Arbitration Act, clause lacking state notice provisions unenforceable (Tex. App.), 1547
– ASCs, patient rights disclosures, proposed rule, 609
– Bankruptcy, late proof of claim (E.D.N.Y.), 1270
– Cardio-thoracic surgeon suspended prior to HCQIA hearing (U.S., rev den), 105
– ERISA

See ERISA

– Failure to convert to individual policy, notice adequate (4th Cir.), 872
– Florida 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

– HIPAA

– – Breach notification, HHS progress on omnibus package of regulations, 454
– – Federal jurisdiction, no substantial questions (W.D. Ky.), 1316
– – Ky. hospitals notify patients about missing computer storage devices, 646
– – Mass. hospital's data destruction contractor cannot account for files, 1060

– N.H., new health data breach law, 27
– Recalls, failure to notify former patient not medical malpractice (La. Ct. App.), 692
– State tort claims requirements apply to EMTALA violations case against public hospital (S.D. Cal.), 946
– Substantial compliance, “sloppy” benefit denial no ERISA violation (N.D. Ill.), 982
– Tennessee

– – Extraordinary cause for waiver (Tenn. Ct. App.), 951
– – Mergers of public hospital subsidiaries, 576
– – Required for wrongful death malpractice claims (Tenn. Ct. App.), 575

– Va., health information data breach notice, new law, 599
– WellPoint data breach, Ind. Atty. Gen. sues for failure to provide timely notice (Ind. Super. Ct.), 1518

NPDB

See NATIONAL PRACTITIONER DATA BANK (NPDB)

NURSES AND NURSING

– Absenteeism alcohol-related, discipline based on indirect threat of patient harm (Mo. Ct. App.), 1029
– ADA, “regarded as,” nurse's temporary ischemic attacks not seen as disqualifying from other jobs, termination for negligence (5th Cir.), 1636
– Administration of Ativan without doctor's orders, negligent hiring, jury verdict (Tex. App.), 1145
– Alaska, ban on mandatory overtime for nurses passed by legislature, 907
– Alcohol dependency treatment facility, no duty to protect voluntary inpatient from sexual misconduct by nurse (Wash. Ct. App.), 43
– Bankruptcy, disability bias claim not included as asset in petition (M.D. Tenn.), 709
– Cal., insulin injections by unlicensed school staff (Cal. Ct. App.), 839; review granted (Cal.), 1387
– Certified nurse midwife participating provider in state birth-injury compensation plan (Fla. Dist. Ct. App.), 42; hospital liability issue reversed on reconsideration, 615
– Collective bargaining

– – Forum Health sale of assets to Youngstown Ohio Hosp. Co., Ohio Nurses Ass'n negotiations (Bankr. N.D. Ohio), 1163
– – Inadequate rest breaks, Wash. State Nurses Ass'n sues hospitals, 4 cases (Wash. Super. Ct.), 1466
– – North Star Health Sys. and Mich. Nurses Ass'n unfair labor practice settlement (NLRB), 605
– – Unilateral shift change violates contract, arbitration award (D.R.I.), 179
– – Univ. of Cal./CNA, RNs barred from striking (Cal. Super. Ct.), 838; injunction issued, 873

– Community health clinic volunteers, tort claims protections

See LEGISLATION, FEDERAL, HR 1745

– Consulting physician for nurse-midwives owed no duty of care to obstetrical patient (D.C.), 419
– Discipline of male RN for improper conduct with inebriated emergency department patients upheld (Mass.), 721
– Discrimination

– – African-American nursing director failed to show racial bias in demotion and firing (6th Cir.), 1017
– – Age bias claim dismissed, nurse fired for failing to report possible abuse (E.D. Ky.), 802
– – At-will employees, fired nurse's claims fail (Tenn. Ct. App.), 379
– – “Cat's paw” liability theory application to parent company or temporary agency, LPN alleging racial bias by supervisors (11th Cir.), 563; (U.S., rev sought), 1307; (rev den), 1380
– – Hiring claims of African American nurse fail, falsity and bias not shown (11th Cir.), 170
– – Male nurse was ex-stripper, remarks by nursing home workers, no hostile work environment (W.D. Pa.), 1239
– – Narcotics documentation issues, reverse bias complaint retaliation claim fails (6th Cir.), 1166
– – Nurse practitioners' pay bias claim based on PAs wage scale fails (Fed. Cir.), 20
– – Nursing home, African American employees' claims may proceed, 2 cases (N.D. Miss.), 1350
– – Overtime refusal, nondiscriminatory reasons for refusing to rehire nurse's aides (U.S., rev sought), 1307; (rev den), 1380
– – Patient's demand for white-only health care providers (7th Cir.), 1056
– – Religion, nurse talked about date for end of the world, directive to stop talking no civil rights violation (W.D. Ky.), 1237
– – Retaliatory discharge, failure to show rights violation (N.D. Cal.), 206
– – Termination due to drug documentation errors, RN's claim of retaliation for reporting race bias (6th Cir.), 1131

– Expert witnesses

– – EMTALA case, nurse may testify on certain issues (D. Me.), 1108
– – Locality rule inapplicable, pediatric nurse practitioner testimony on uniform practice (La. Ct. App.), 1565
– – Motor vehicle accident as cause of psychiatric injuries, nurse may testify (M.D. Pa.), 816
– – Wrongful death, testimony on postoperative care (Tenn. Ct. App.), 1331

– FCA, procedures allegedly performed by unsupervised nurse practitioners dismissed (9th Cir.), 1776
– Felony charge for report to state medical board, acquittal (Tex. Dist. Ct.), 251
– First Amendment retaliation claim of nurse at public hospital fails (D. Colo.), 334
– Haiti earthquake, Fla. expedited licensing for out-of-state nurses to meet shortage, 180
– HIPAA, nurse's retaliatory discharge claim may proceed (Tenn. Ct. App.), 1773
– Home health nurses' claims for on-call wait time minimum wage dismissed (E.D. Wis.), 491
– Joint Commission interim staffing effectiveness standards in effect, research continues, 254
– La., license for nonpermanent alien resident practical nurse barred, state law upheld (E.D. La.), 1280
– Md., nurse-practitioner certification, new law, 566
– Maternity leave, firing nurse who took unearned leave not sex bias (Ohio), 931
– Name and personnel records used during NLRB hearing, no privacy violation (Pa. Super. Ct.), 72
– N.Y., felony to assault nurses, new law, 1175
– Nurse anesthetists, physician supervision

– – Certified registered nurse anesthetists, doctors sue state (Cal. Super. Ct.), 216; state action upheld, 1470
– – Colo., may seek federal waiver of Medicare requirement, 1329; waiver sought, 1394
– – Mo., medical board letter expressing opinion not scope of practice rule (Mo. Ct. App.), 1363

– Nursing home staffing, Skilled Healthcare Group settlement (Cal. Super. Ct.), 1281; approved by court, 1707
– Ohio, no need for duplicative training for advanced practice nurses to write prescriptions, 79
– Pain management, Ala. proposal to limit to doctors, FTC opposition, 1585
– Peer review privilege, nurse's handwritten note about care not privileged (W.D. Pa.), 1753
– Sexual harassment, Ark., physician/supervisor may be liable for harassment under state law (Ark.), 1636
– Sovereign immunity, state policy of not licensing nurses in methadone maintenance program (M.D. Pa.), 973
– Staffing services general contractor liable for negligence of nurse employed by subcontractor (D.N.H.), 220
– Tenn., nurse practitioner authority to prescribe medications, attorney general opinion, 355
– Wage-fixing

– – Ariz. hospital nurses' registry suit settlement (D. Ariz.), 1377
– – Cal., summary judgment for hospitals in overtime antitrust suit (Cal. Ct. App.), 1633
– – Conspiracy charges, amendment of class certification denied (N.D.N.Y.), 267; nurses may pursue claims, 2 rulings, 1053; preliminary approval of settlement, 1454
– – Memphis nurses' class representative delay prejudicial (W.D. Tenn.), 63

– Whistleblowers

– – Mich. statutory protection, no remedy for wrongful discharge (Mich. Ct. App.), 1740
– – Reporting to supervisors, wrongful termination suit allowed (Md.), 708

NURSING HOMES

– ADA, “regarded as,” nurse's temporary ischemic attacks not seen as disqualifying from other jobs (5th Cir.), 1636
– Age discrimination claim dismissed, nurse fired for failing to report possible abuse (E.D. Ky.), 802
– Arbitration clauses

– – Apparent authority of daughter (Ala.), 525
– – Choice of arbitrator not integral to enforcement (D.S.D.), 205
– – Diversity, citizenship of parties in federal action (8th Cir.), 767
– – Federal Arbitration Act preempts state law barring jury trial waiver (Ill.), 557
– – Incompetent resident (M.D. Fla.), 1451
– – McCarran-Ferguson Act “reverse preempts” Federal Arbitration Act, clause lacking state notice provisions unenforceable (Tex. App.), 1547
– – Tenn., agreement unfair (Tenn. Ct. App.), 639
– – Wrongful death claims of heirs not bound by agreement (Wash. Ct. App.), 741

– Cal. agency criticized for reducing fines, 874
– CMPs, lower penalties for self-reported violations, proposed rule, 984
– Comparative fault claims allowed (Tenn.), 101
– Conn. Medicaid-participating facilities sue over low reimbursement levels (D. Conn.), 181; injunction denied, 839
– Corporate negligence allegedly led to patient death, claims against owner and manager (Pa. Super. Ct.), 1070
– Criminal liability

– – Involuntary manslaughter, death due to negligence of multiple employees, dismissed (Mass.), 739
– – Quality, St. Louis-area owner agrees to pay fines over $1M (E.D. Mo.), 75

– Excluded persons hired, Indianapolis facility agrees to pay to settle allegations, 1697
– Housekeeper sexually harassed by residents, jury award (7th Cir.), 932
– Ill. Institutions for Mental Diseases, settlement allows move of psychiatric patients to community-based settings (N.D. Ill.), 387
– Inspections

– – Federal and state findings differ, GAO report, 774
– – GAO finds survey process problems, 33

– La., Medicaid payments excessive, state repayment, 458
– Male nurse was ex-stripper, remarks by other workers, no hostile work environment (W.D. Pa.), 1239
– Maternity leave, firing nurse who took unearned leave not sex bias (Ohio), 931
– Medicaid, pre-eligibility medical expenses incurred by residents, settlements, 2 cases (Md. Cir. Ct.) (D.D.C.), 1217
– Medication error reports, discovery of redacted copies (N.D. Ohio), 813
– Multiemployer benefit fund, operator unlawfully failed to make pension and benefit contributions (2d Cir.), 31
– N.Y., agreement to stop pharmaceutical waste discharges into watershed, 109
– North Carolina

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

– Omnicare Inc.

– – Atlanta-based chains agree to pay to resolve claims they solicited kickbacks (D. Mass.), 303
– – Government FCA suit against pharmaceutical company (D. Mass.), 97
– – Mass. and Mich. Medicaid, FCA settlement (N.D. Ill.), 1314

– Overtime

– – Pay, class action against chain (C.D. Ill.), 1245
– – Refusal, nondiscriminatory reasons for refusing to rehire nurse's aides (U.S., rev sought), 1307; (rev den), 1380

– Ownership, transparency needed, Government Accountability Office report, 1521
– Participation requirements survey, DHS not required to replace state agency in suit (W.D. Mich.), 184
– Private right of action to enforce Federal Nursing Home Reform Amendments (U.S., opposition brief filed), 146; (rev den), 281
– Racial discrimination

– – African American employees' claims may proceed, 2 cases (N.D. Miss.), 1350
– – Patient's demand for white-only health care providers (7th Cir.), 1056

– SNFs

See SKILLED NURSING FACILITIES (SNFs)

– Special Focus program for poor-performing facilities, states not consistent, report, 621
– Staffing, Skilled Healthcare Group settlement (Cal. Super. Ct.), 1281; approved by court, 1707
– Strikes, terminations for union activities alleged, complaint (NLRB), 1247
– Supervisor's suspension not retaliation for reporting patient abuse (5th Cir.), 270
– Tortious interference with contract, therapy provider may sue management firm (N.D. Ill.), 1255