Health Law Reporter Index-Summary

OCCUPATIONAL SAFETY AND HEALTH

– Bloodborne pathogens standard, impact on small businesses, comments, 720
– Exposure to infectious diseases in health care setting, OSHA requests information, 682
– H1N1 influenza

See H1N1 VIRUS

– Hours of work

See HOURS OF WORK

– Norovirus, proposed CMS guidance, 906
– Violence in health care facilities, Joint Commission warning, 817

OCCUPATIONAL THERAPY

See REHABILITATION SERVICES

OFF-LABEL USE

– Elan, promotion of Zonegran, settlement, 1779
– Human growth hormone marketing and kickbacks alleged, dismissal of qui tam suit (D. Mass.), 1312
– Intended for foreign use, arthritis pain injections, labels in Turkish, doctor and clinic fined (Tex. Dist. Ct.), 1606
– Kaletra, kickbacks, partial dismissal of state and federal claims (D. Mass.), 1057
– Kos Pharmaceuticals settles allegations (M.D. La.), 1743
– Marinol, qui tam action dismissal upheld, failure to identify claim (U.S., rev den), 866
– Medical monitoring claim fails, unapproved device used on infant (3d Cir.), 1249
– Neurontin maker's misrepresentations, RICO claims by insurers and Kaiser (D. Mass.), 96; jury orders Pfizer to pay $142M, 450
– Novartis marketing of Trileptal, settlement, 1385
– Prosecution of former drug company in-house counsel, false statement and obstruction of justice charges (D. Md.), 1769
– Seroquel, AstraZeneca agrees to pay, 598
– Settlement received from device maker must be set off from medical malpractice award (D.S.D.), 1253
– Solvay, documents from state-issued investigative demands, use by qui tam relators (S.D. Tex.), 1058
– Stryker Biotech settles allegations (Mass. Super. Ct.), 1241
– TOBI, Novartis settles FCA allegations, 644
– Topamax, Johnson and Johnson agrees to pay to resolve allegations, 645
– Zyprexa

– – Eli Lilly agrees to pay state (Miss. Cir. Ct.), 236
– – La. suit settles (E.D.N.Y.), 531

OHIO

– Advanced practice nurses, no need for duplicative training to write prescriptions, 79
– Anthem premiums noncompliant, policy holder reimbursement, 938
– Asperger's disorder, hospital accommodation of medical resident (6th Cir.), 1739
– Chemically impaired physician, patient's evidence sufficient to raise issue of hospital negligence in retention (Ohio Ct. App.), 880
– Civil rights case, state peer review privilege no bar to discovery (S.D. Ohio), 1068
– Collateral source, evidence of medical write-offs to calculate economic damages (Ohio), 691
– Disciplinary action, physician's failure to confirm identity of medication, standard of care violation (Ohio Ct. App.), 1324
– Expert's new contradictory affidavit may not bar summary judgment (Ohio), 1036
– Grand jury subpoena, claims against hospital for disclosure of medical records allowed (N.D. Ohio), 215
– HCQIA immunity applies to parties who revoked disruptive doctor's privileges (N.D. Ohio), 313
– Hospitals, vicarious liability, physicians and nurses need not be named as defendants (Ohio Ct. App.), 1252
– Legionnaires' disease from public drinking fountain at university medical center (Ohio Ct. Cl.), 290
– Medication error reports, discovery of redacted copies (N.D. Ohio), 813
– Negligent credentialing suit dismissal, settlement of medical malpractice suit against physician (Ohio Ct. App.), 1469
– Ohio State Univ., former African-American nursing director failed to show bias in demotion and firing (6th Cir.), 1017
– On-call list removal, documents not protected by peer review privilege (Ohio Ct. App.), 41
– Prompt payment law preempts providers' RICO claims (6th Cir.), 532; (U.S., rev sought), 983; cases pending at beginning of new term, 1307; (rev den), 1385
– Sex discrimination, firing nurse for taking unearned maternity leave not bias (Ohio), 931
– Taxation, no property tax exemption for dialysis facility, insufficient charitable institution proof (Ohio), 1479

OKLAHOMA

– Abortion

– – Governor signs 3 bill intended to set limits, 510
– – Prohibition on health insurers covering elective abortions, veto, 844
– – Requirement for women to answer detailed questions first, legislature overrides veto, 782
– – State constitution violated (Okla.), 356
– – Ultrasound requirement, providers sue state (Okla. Dist. Ct.), 661; temporary injunction, 1040

– Administrative subpoena, search of chiropractor's office, state board official not liable (10th Cir.), 721
– Cancer-only insurance policy payments, prospective application of “actual charges” law (W.D. Okla.), 904
– Doctor-patient relationship required for malpractice suit, telephone conversation between treating and nontreating physicians (Okla.), 250
– Health reform law

– – Constitutionality challenge, governor vetoes bill to authorize suit, 715
– – State constitutional amendment prohibits insurance mandate, 1570

– Medicaid

– – Access fee on amount of claims paid by health insurers to help funding (Okla.), 1216
– – Lien, subrogation, recalculation of amount agency recovers from settlement (10th Cir.), 875

– Payments for referrals alleged, Tulsa hospital settles claims, 24
– Pre-existing conditions, state law no bar to denial of coverage, removal of congenital cyst from infant (10th Cir.), 1386
– Yasmin birth control pill, suit against maker should not be severed from malpractice claims against health care providers of deceased woman (N.D. Okla.), 1715

OREGON

– Arbitration required for pediatrician whistleblower's contract breach suit (Or. Ct. App.), 411
– Damages cap applies to state university medical group not individual physician (Or. Ct. App.), 287
– Liens, enforcement where beneficiary not “made whole” (D. Or.), 457
– Medical marijuana ballot initiative, 1570
– Personal, medical, and financial information on stolen hospital computer discs, failure to show injuries, dismissal (Or. Ct. App.), 1428
– Veto of bill allowing psychologists to prescribe certain medications, 544
– Vicarious liability, provider that sublet space to other doctors not liable for malpractice of subtenant (Or. Ct. App.), 420

ORGAN TRANSPLANTS

– Coordinator's retaliation claim fails because all statements within scope of employment (10th Cir.), 271
– Coverage

– – Limited discovery on structural conflict of interest (D. Neb.), 679
– – Misrepresentation, state law suit (S.D. Miss.), 71

OTC

See OVER-THE-COUNTER PRODUCTS

OUTLIER PAYMENTS

– Cal. hospital settles charges, 1241
– Patchogue, N.Y., hospital settles whistleblower suit (D.N.J.), 304
– Robert Wood Johnson Univ. Hospital settles qui tam suits, 2 cases (D.N.J.), 451

OVER-THE-COUNTER PRODUCTS

– Colo., Medicaid coverage, new law, 748
– Zicam Cold Remedy adverse events, failure to disclose statistically insignificant data, industry groups support maker (U.S., amicus briefs filed), 1296

OVERPAYMENTS

– Ala., state opposition to CMS requirement to return federal share of recovered Medicaid funds (M.D. Ala.), 505
– Antiviral drugs overcharging alleged, AIDS foundation sues Bristol-Myers Squibb (C.D. Cal.), 1709
– CHRISTUS Health Sys. settlement (C.D. Cal.), 1423
– ERISA, federal common law unjust enrichment claims against providers (W.D. Wis.), 240; breach of contract claim preempted, 678
– False enrollment application of medical center, recoupment not punitive (11th Cir.), 1218
– HHS Inspector Gen. recoveries of more than $3B expected for first half of 2010, 829; savings and potential recoveries for year of $26B, 1779
– Part D drug coverage, dismissal of suit seeking waiver of refunds erroneously sent by government (D.C. Cir.), 878
– Payment error rate measurement program, final rule, 1140
– Recovery Audit Contractors program

See RECOVERY AUDIT CONTRACTORS (RACs)

– Reporting and returning, Medicaid program integrity issue for providers, 1457
– Tenn., collection agency recovery from physicians time-barred (Tenn. Cir. Ct.), 982; settlement, 1748

OVERTIME

– Alaska, ban on mandatory overtime for nurses passed by legislature, 907
– Antitrust, nurses' wage-fixing suits

See ANTITRUST

– Chicago paramedics' claims should have been considered (7th Cir.), 749
– Dialysis technician's FLSA claims may proceed (N.D. Ill.), 1590
– ERISA, no remedy in health care workers' suit for unpaid meal breaks (W.D. Pa.), 279
– Home health nurses' claims for on-call wait time minimum wage dismissed (E.D. Wis.), 491
– Nurses, inadequate rest breaks, Wash. State Nurses Ass'n sues hospitals, 4 cases (Wash. Super. Ct.), 1466
– Nursing homes

– – 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

– Pa., home nursing care company not “domestic services” provider, not exempt under state Minimum Wage Act (Pa.), 1657
– Temporary staffing agency failure to pay, class certification denied (E.D. Pa.), 244

OXYGEN

– Licensed prescription drug firm providing under doctor's prescription, expert report required (Tex. App.), 815