Health Law Reporter Index-Summary

PAIN MANAGEMENT

– Ala., proposal to limit to doctors, FTC opposition, 1585
– Arthritis pain injections, labels in Turkish, doctor and clinic fined (Tex. Dist. Ct.), 1606
– Cal., physician suspended for allegedly distributing pain medication illegally, claims rejected (N.D. Cal.), 1493
– Chemically impaired physician stole morphine from pain pump, patient's evidence sufficient to raise issue of hospital negligence in retention (Ohio Ct. App.), 880
– Expert witnesses, Va. law requiring active clinical practice, testimony on treatment for shingles pain allowed (E.D. Va.), 815
– Fentanyl pain patches allegedly defective, fraudulent joinder of pharmacy (S.D.N.Y.), 290
– Fla., new law to eliminate illegal “pill mills” (N.D. Fla.), 1396
– Pain pump settlement, hospital seeking contribution 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
– St. Louis-area clinic and billing company agree to pay, spinal decompression qui tam suit (E.D. Mo.), 336
– Standard of care breach, NPDB report basically true, defamation claim dismissed (Mich. Ct. App.), 1602
– Unlicensed chiropractor, penalty for N.J. center and owner (N.J. Super. Ct.), 769

PART B BENEFITS AND REIMBURSEMENTS

– Drug coverage

See MEDICARE DRUG COVERAGE

PART D DRUG BENEFIT

See MEDICARE DRUG COVERAGE

PAs

See PHYSICIAN ASSISTANTS (PAs)

PATENTS

– Diabetes drug DDAVP, direct purchasers challenging patent may pursue monopolization claim (U.S., rev den), 897
– Generic drugs, pay-for-delay

– – Ban proposed

See LEGISLATION, FEDERAL, HR 3962, HR 4899

– – Cipro settlement, direct purchasers (2d Cir.), 1267
– – FTC analysis, 93
– – Reverse payments, CVS, Rite Aid, and other purchasers call practice anticompetitive (U.S., rev sought), 1737

– TriCor, generic competition-blocking antitrust suit settles (D. Del.), 64

PATH

See PHYSICIANS AT TEACHING HOSPITALS (PATH)

PATIENT ABUSE

See also ELDER ABUSE
– Nursing home supervisor's suspension not retaliation for reporting (5th Cir.), 270
– Restraints, firing of state mental health workers improper (N.C. OAH), 1549

PATIENT DUMPING

– Chest pain

– – Policy may not have been followed, claims may proceed (D. Del.), 657
– – Screening and stabilization claims, patient died after discharge (E.D. Pa.), 507

– Dead fetus delivered at home after discharge, failure to stabilize EMTALA claim (D. Me.), 1108
– Excessive delay in treatment, EMTALA screening claim (E.D. Pa.), 249
– Injuries to child, records of state social services agency subject to subpoena (D. Md.), 659
– Intentional emotional distress, refusal to enter emergency room (N.D. Cal.), 1034
– Medicaid, hospital claims against state officials for failure to pay for disabled recipient or provide discharge options (M.D. Tenn.), 1597
– Negligence claims based on underlying EMTALA violation (N.D. Cal.), 459
– Nev. public entity damages cap applies to EMTALA disparate screening claim (D. Nev.), 611; jury trial required, 987
– Notice, state tort claims requirements apply to EMTALA violations case against public hospital (S.D. Cal.), 946
– Peritonitis due to undetected duodenal ulcer, failure to stabilize, EMTALA violation (Ky. Ct. App.), 1066
– Physician group practice, EMTALA claims related to stillbirth allowed (M.D. Ala.), 1599
– Pregnant motor vehicle accident victim, standard screening procedure followed (E.D. Okla.), 185; reconsideration denied, 612
– Premature birth and death, exclusion of expert for alleged pro-plaintiff bias improper (1st Cir.), 1110
– Suicide after dismissal, improper screening claim fails, no proof of improper motive (M.D. Tenn.), 1711
– Transfer of admitted hospital patient to nursing home, no EMTALA claim (3d Cir.), 656
– Woman murdered by discharged husband, briefing on EMTALA application to inpatients (U.S., interim order), 150; (rev den), 912

PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

– Abortion, ban on use of federal funds, executive order, 464
– Accountable care organizations (ACOs)

See ACCOUNTABLE CARE ORGANIZATIONS (ACOs)

– Annual fee, health insurers, Fin. Accounting Standards Bd., comments, 1792
– Antitrust fallout, economic pressure on health insurance industry, BNA Insights, 1721
– Appeals and external reviews, guidance issued by HHS and other agencies, 1212
– Ariz. ballot measure would bar insurance mandate, 1242; voters approve amendment to state constitution, 1570
– Background checks, CMS proposes enhanced procedures for high-risk providers, 1329
– Collectively bargained plans, challenges for multiemployer plans, 1137
– Colo., ballot measure to block imposition of health insurance mandate, 1242; initiative defeated by voters, 1570
– Community needs assessment, exempt hospitals, 673
– Constitutionality challenge

– – Analysis, Congressional Research Serv. report, 677
– – Ariz. conservative watchdog group, First Amendment and separation of powers challenge (D. Ariz.), 1168
– – Attorneys general from 13 states file suit (N.D. Fla.), 425; Natl. Feb. of Independent Business and 7 more states join case, 714; Okla. governor vetoes bill to authorize suit, 715; motion to dismiss filed, 869; brief on standing filed, 1135; individual mandate and coerced Medicaid expansion claims allowed to proceed, 1460; key aspects discussed at forum, 1487; Fla. Atty. Gen. files motion to declare key portions invalid, 1556; advocacy groups ask to file amici briefs, 1595; dueling briefs filed, BNA Special Report, 1673; correction, 1702; oral argument, 1781
– – Christian legal organization lacks standing to challenge insurance mandate (S.D. Cal.), 1276; (U.S., rev den), 1553
– – Debate, ABA Annual Healthcare Summit, 1697
– – Fla. attorney general announces plan, 381; ballot initiative to block insurance mandate rejected (Fla. Cir. Ct.), 1100; removal of amendment upheld (Fla.), 1277
– – Further consideration of Commerce Clause claim required (N.D. Ohio), 1641
– – Government response to preliminary injunction request (E.D. Mich.), 713; injunction denied, 1425; appeal filed (6th Cir.), 1779
– – Governors of Wash., Penn., Mich., and Colo. and Ga. attorney general oppose challenges, 453
– – Legal experts debate at ABA seminar, 1022
– – Minimum coverage valid exercise of Commerce Clause authority (W.D. Va.), 1641
– – Standing, neither private individual nor doctor nor group of physicians may sue (D.N.J.), 1743
– – Unconstitutional, Va. federal court ruling, BNA Insights, 1793
– – Va., suit by state attorney general tied to state anti-mandate law (E.D. Va.), 496; DOJ response, 770; Va. attorney general opposes motion to dismiss, 830; motion to dismiss denied, 1099; matter of liberty, Cuccinelli says at forum, 1487; individual mandate unconstitutional violation of Commerce Clause, 1735
– – What's next for reform law after Va. federal court strikes down individual mandate?, BNA Insights, 1759

– Enforcement and oversight

– – Crucial, lawmakers say, 645
– – New entities, independent audits, 1102

– Federal medical assistance funding, cost-shifting to political subdivisions prohibition, CMS guidance, 876
– Fraud and abuse

– – Government enforcement ability strengthened, 491
– – Implications of key provisions, BNA Insights, 1115
– – Insurance scams, Sebelius urges states to take action, 498

– Grandfathered plans

– – Big copayment increases will be forbidden by rules, 834
– – Frequently asked questions, Labor Dep't, 1518
– – Labor Dept. guidance, 1426

– Health insurance exchanges

See HEALTH INSURANCE EXCHANGES

– Health IT, essential ingredient, BNA Insights, 995
– High-risk pools, HHS asks state to declare interest, 497
– Implementation

– – Berwick tells Senate panel that quality will improve, 1642
– – Denial of injunction (U.S., mandamus denied), 868
– – Focus shifts to agencies, 555
– – Interim final rules unveiled, 871
– – McConnell (R-Ky.) vows disruption, 1556

– Increased Medicare payments to hospital outpatient facilities in 2011

– – Final rule, 1526
– – Proposed rule, 945

– Key provisions, BNA Special Report, 471
– Legislatures introduce bills to limit or oppose in 39 states, 715
– Mandatory health insurance purchase

– – Constitutionality, Congressional Research Serv. report, 1500
– – Target of GOP, results uncertain, panelists say, 1596
– – Unconstitutional, Va. federal court ruling, BNA Insights, 1793
– – What's next for reform law after Va. federal court strikes down mandate?, BNA Insights, 1759

– Medicaid expansion, first guidance to states, 538
– Medical loss ratio and premium rate reviews

– – Insurers failing patients, Rockefeller (D-WVa), 569; Rockefeller letter warns insurance regulators, 677
– – Interim final rule issued, 1653
– – Obama administration will move quickly to implement reforms, 535
– – Temporary relief for stock insurance companies such as BCBS, IRS, 1672

– Medicare spending cuts, report, 598
– Mergers, health insurance market, DOJ will review carefully, 741
– “Mini-Meds,” limited benefit health insurance plans will be outlawed, 1700
– Okla., state constitutional amendment prohibits insurance mandate, 1570
– Part A trust fund extended by passage, 1177
– Payment and delivery models, new relationships between physicians and hospitals, BNA Insights, 1612
– Physician-owned hospitals

– – Challenge to constitutionality of restrictions (E.D. Tex.), 813
– – Deadline for eligibility for exception, lawyer warns, 868

– Physicians urged to embrace new law by White House officials, 1210
– Premium increases

– – Funds for state rate reviews, HHS, 1174
– – Senators warn insurers not to use reform as excuse, 1315

– Preventive care coverage without cost-sharing by beneficiaries, interim final rule, 1026
– PSOs, hospital participation growing and likely to expand, attorney says, 1668
– Repeal

– – Barton (R-Tex.) will make top priority, 1596
– – GOP bill

See LEGISLATION, FEDERAL, HR 5424

– – Pledges make compromise difficult, post-election analysis, 1556
– – Unlikely, Waxman (D-Cal), 565

– Rescission

– – UnitedHealthcare and other insurers implement provision early, 650
– – WellPoint first insurer to renounce practice before effective date, 603; correction, 651

– Research unrelated to patient care, reimbursement (7th Cir.), 1248
– Signed by President Obama, BNA Special Report, 424
– Stark law

– – Exceptions tightened, lawyer warns, 868
– – Technical violations, warning from attorneys, 795

– State budgets, House GOP leaders seek information, 1427
– State false claims laws, Grassley (R-Iowa) urges review, 645
– Tax-exempt hospitals

– – Charity care still essential, report, 1222
– – 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; comments on 501(r) implementation, 1091; reporting requirements, IRS official, 1499
– – Provena and new federal law, BNA Insights, 467
– – Reviews every 3 years not audits, IRS official, 1365
– – Treasury Dep't and IRS aware of need for guidance, official says, 1671
– – Uninsured patient charges, 512

– Tax provisions

– – Employer report on value of coverage on W-2, IRS update, 1148
– – Employment taxes, health professionals in underserved areas, IRS memo, 1757
– – Form 1099 reporting requirements repeal, Senate negotiations on fix, 1642
– – IRS staffing, 565

– Tenn., freedom-of-choice bills, attorney general opinion on preemption, 531
– 340B drug pricing program, antiviral drugs overcharging alleged, AIDS foundation sues Bristol-Myers Squibb (C.D. Cal.), 1709
– TRICARE, minimum standards

See LEGISLATION, FEDERAL, HR 4887

– Young adults coverage continuation, interim final rule, 681

PATIENT RIGHTS

– ASCs disclosures, proposed rule, 609
– Visitation rights of same-sex partners and others

– – HHS rules, 576
– – Right to designate visitors, CMS proposed rule, 916; final rule, 1665

PATIENT SAFETY

See SAFETY OF PATIENTS
– Abuse

See ELDER ABUSE; PATIENT ABUSE

– PSOs

See PATIENT SAFETY ORGANIZATIONS (PSOs)

PATIENT SAFETY ORGANIZATIONS (PSOs)

– Hospital participation growing and likely to expand, attorney says, 1668

PATIENT TRANSFERS

– EMTALA issues

See PATIENT DUMPING

PAY-FOR-PERFORMANCE PROGRAMS

– Accountable care organizations (ACOs)

See ACCOUNTABLE CARE ORGANIZATIONS (ACOs)

– New relationships between doctors and hospitals, BNA Insights, 1612
– Payment and delivery system reform, BNA Insights, 255

PBM

See PHARMACY BENEFITS MANAGEMENT (PBM)

PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– Antitrust, adverse actions no Sherman Act violation (W.D.N.C.), 525
– California

– – Action lasting nearly 9 years, dismissal of doctor's due process claims (E.D. Cal.), 877
– – Attorneys' fees provision (Cal. Ct. App.), 1287
– – Surgeon with hand tremor, federal bias and retaliation claims go forward despite state proceedings (E.D. Cal.), 507

– Clear and convincing evidence, malice standard of proof (U.S., rev den), 286
– Colorado

– – Hospital credentialing documents not privileged (D. Colo.), 1035
– – Physician's independent investigation, information not privileged (D. Colo.), 1498

– Discrimination claim, doctors' interference with pediatrician's potential patient contracts and privileges (E.D. Cal.), 973
– Federal privilege not recognized, discovery allowed (M.D. Pa.), 879
– Fla., immunity law, tort claims dismissed (M.D. Fla.), 539
– HCQIA immunity

See HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)

– Hospital seeking contribution from device maker need not disclose peer review materials (E.D. Mich.), 612; FDA site visit records and physician credential files protected, 755; summary judgment for device maker, Medtronic, 1437
– Inadvertent production during discovery, waiver of federal and state privileges (D. Alaska), 1143
– Md., original source material (D. Md.), 1180
– Mass., failure to exhaust remedies created by bylaws (Mass. App. Ct.), 1067
– Mo., privilege narrow, discovery of third person report (Mo. Ct. App.), 1601
– Natl. Inst. of Health, qualified common law privilege for confidential evaluative materials (D. Del.), 779
– Neb., discovery of hospital prospective risk analysis tool (D. Neb.), 689
– N.Y., documentary evidence not sufficient for dismissal of claims against peer review members (N.Y. App. Div.), 540
– N.C., e-mails, memoranda, and reports must be produced, firing allegedly due to complaints about nursing errors (N.C. Ct. App.), 913
– Ohio

– – Civil rights case, peer review privilege no bar to discovery (S.D. Ohio), 1068
– – On-call list removal documents not protected by peer review privilege (Ohio Ct. App.), 41

– Pennsylvania

– – Memorandum from one hospital employee to another discussing doctor's conduct (Pa. Super. Ct.), 1179
– – Nurse's handwritten note about care not privileged (W.D. Pa.), 1753

– Privileges, protecting, attorneys' advice, 895
– R.I., timeline based on patient's medical chart not privileged (R.I. Super. Ct.), 1528
– S.D. law bars discovery (D.S.D.), 102
– Tennessee

– – Focused investigation into infections protected from discovery (Tenn.), 779
– – Hospital's audit of vascular services not protected from discovery (Tenn.), 778
– – Settlement agreement privileged from discovery (Tenn. Ct. App.), 948

– Vt., doctors may be questioned about ordinary course of business review of misdiagnosis death (D. Vt.), 250

PENALTIES

See also DISCIPLINARY ACTIONS
– Arthritis pain injections, labels in Turkish, doctor and clinic fined (Tex. Dist. Ct.), 1606
– California

– – Bacterial meningitis, first fines under new standard, 619
– – Nursing home regulator criticized for reducing fines, 874
– – PacifiCare Health Sys., record fines sought by state insurance regulatory agency, 1355
– – Patient risks and licensing noncompliance, hospitals fined, 191; fines of 7 hospitals announced, 543; fines for 12 hospitals, 1607; almost $800,000 in fines for privacy breaches at 7 facilities, 1667
– – SNF fined, patient death after choking, 281

– Class actions, federal rule overrides state law blocking “penalties” cases (U.S, judg rvs), 499
– CMPs

See CIVIL MONETARY PENALTIES (CMPs)

– Colo., Aetna fined, 503
– ERISA, health plan administrator should have disclosed “internal criteria” but no penalty (C.D. Cal.), 831
– False enrollment application of medical center, overpayment recoupment not punitive (11th Cir.), 1218
– HIPAA

– – Comments question HITECH Act changes, 137
– – Constitutionality of HITECH, suit dismissed (S.D.N.Y.), 746
– – New requirements, BNA Insights, 321

– Johnson & Johnson, reversal of civil penalty, allegedly misleading communications to state health care providers about Duragesic and Risperdal (W. Va.), 1639
– N.J., unlicensed chiropractor, pain management center and owner agree to pay (N.J. Super Ct.), 769
– New York

– – MA sales agent licensing and prompt payment violations, HMO agrees to pay fine, 649
– – Prompt pay violations, 20 insurers and HMOs fined, 1245
– – Small businesses coverage program, fine ends probe of Aetna HMO, 214

– Novartis off-label marketing of Trileptal, settlement, 1385
– Nursing homes quality of care, St. Louis-area owner agrees to pay over $1M in fines (E.D. Mo.), 75
– Pa., drug pricing, Johnson & Johnson ordered to pay (Pa. Commw. Ct.), 1778
– Urgent care center, fine for improper disposal of patient records (N.D. Super. Ct.), 747

PENNSYLVANIA

– Attorney work product, treating physician as expert, hospital must disclose correspondence with plaintiff's counsel (Pa. Super. Ct.), 1353
– Corporate negligence theory, medical malpractice case against hospital may proceed (E.D. Pa.), 1330
– Doctor's RICO suit against hospital chief executive officer fails to allege elements of violation (W.D. Pa.), 1693
– Dual eligibles, Medicare Savings Program enrollment delays (E.D. Pa.), 606
– Expert witnesses, motor vehicle accident as cause of psychiatric injuries, nurse may testify (M.D. Pa.), 816
– Federal peer review privilege not recognized, discovery allowed (M.D. Pa.), 879
– Health care reform constitutionality challenge

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

– HMOs exempt from state bad faith insurance practices law (Pa. Super. Ct.), 212
– “Internal affairs” doctrine, orthopedic surgeons groups not entitled to dismissal (E.D. Pa.), 1605
– Malpractice insurance subsidy, state improperly used funds to balance state budget, 2 cases (Pa. Commw. Ct.), 614
– Medicaid

– – Civil rights claim of dentist excluded from plan rejected (W.D. Pa.), 307
– – 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

– – Family planning services overpayment, denial of hearing request (W.D. Pa.), 775
– – New hospital tax, 1032
– – Subrogation, settlement for injuries to minor child to satisfy lien (Pa.), 75

– Nursing homes, corporate negligence allegedly led to patient death, claims against owner and manager (Pa. Super. Ct.), 1070
– Peer review privilege

– – Memorandum from one hospital employee to another discussing doctor's conduct (Pa. Super. Ct.), 1179
– – Nurse's handwritten note about care not privileged (W.D. Pa.), 1753

– Privacy rights violation alleged by using name and personnel records during NLRB hearing (Pa. Super. Ct.), 72
– Right-to-know law, nursing home access to health department inspection documents denied (Pa. Commw. Ct.), 1326
– Small group rate hikes, state insurance regulators probe, 835
– Sovereign immunity, state policy of not licensing nurses in methadone maintenance program (M.D. Pa.), 973

PENSIONS

– ERISA issues

See ERISA

PHARMACEUTICALS

See DRUGS AND PHARMACEUTICALS; PRESCRIPTION DRUGS

PHARMACISTS AND PHARMACIES

– ADEA, Walgreen staff pharmacist fired for violating drug interactions warning policy (7th Cir.), 1208
– CVS Caremark

– – CVS Pharmacy Inc. agrees to pay Mass. cities and towns, workers' compensation overcharging alleged, 1275
– – Merger, advocacy group urges FTC to reopen investigation, 1589
– – Mishandling of protected health information alleged to injure independent retail pharmacies (S.D. Tex.), 1431

– ERISA preempts state law claims alleging CareFirst failed to pay for blood-clotting factor (D. Md.), 938
– Fraudulent joinder of pharmacy in defective pain patch suit (S.D.N.Y.), 290
– Generic Medicaid prescriptions, CMS proposal to withdraw parts of controversial rule, 1284
– HIV status of pharmacy technician disclosed by coworkers with access to prescription database (Tenn. Ct. App.), 1703
– Idaho “conscience” law signed by governor, health care providers can deny certain services, 462
– Iowa licensing board rejects request to develop medical marijuana compassionate use rules, 1397
– Medi-Cal reimbursement rate cuts

– – Injunction upheld (9th Cir.), 343; (U.S., rev sought), 573; cases pending at beginning of new term, 1307
– – Natl. Ass'n Chain Drug Stores, preliminary injunction denied (9th Cir.), 571

– Minnesota

– – Medicaid reimbursement cuts, claims by pharmacies and beneficiaries (D. Minn.), 282; appeal filed (8th Cir.), 571
– – Rural health cooperative, settlement of price collusion charges (FTC), 863

– Nev., pharmacy owes no duty to third parties for misuse of prescription drugs (Nev.), 107
– N.Y. Medicaid rate cuts, pharmacists group denied preliminary injunction, appeal filed (N.D.N.Y.) (2d Cir.), 571
– Omnicare Inc.

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

– Pass-on defense, direct purchaser can recover for illegal price-fixing (Cal.), 971; remanded for trial (Cal. Ct. App.), 1268
– Pay-for-delay, reverse payments

See GENERIC DRUGS

– Pfizer Inc./Wyeth Inc. merger, pharmacists' challenge dismissed (N.D. Cal.), 596
– Prescriptions redispensed, LTC pharmacy company agrees to pay to settle FCA allegations (D. Md.), 1696
– Racial bias, terminated African American VA pharmacist did not identify similarly situated, nonprotected employee (6th Cir.), 1209
– Rite Aid settles HIPAA allegations, 1060
– Under arrangements provider suit against SNFs that failed to pay, discovery order (D. Utah), 1215
– Unemployment compensation owed pharmacy technician fired for excessive absences due to medical condition (Ind.), 803
– Vt., internet pharmacy, fraud suit remanded (D. Vt.), 1313
– Washington

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

PHARMACY BENEFITS MANAGEMENT (PBM)

– CVS Caremark

– – Merger, advocacy group urges FTC to reopen investigation, 1589
– – Mishandling of protected health information alleged to injure independent retail pharmacies (S.D. Tex.), 1431

– ERISA preempts D.C. statute regulation plans (D.C. Cir.), 981

PHYSICAL THERAPY

See also REHABILITATION SERVICES
– Corporate practice of medicine, employment of physical therapists by physicians' limited liability company no violation (Wash.), 422
– Failure to file qui tam case under seal, dismissal (6th Cir.), 1422
– Property taxes, part of off-campus facility qualifies for N.J. exemption (N.J. Super. Ct. App. Div.), 1296
– Sexual harassment by chiropractor, jury award upheld (8th Cir.), 1235
– Tortious interference with contract, therapy provider may sue nursing home management firm (N.D. Ill.), 1255

PHYSICIAN ASSISTANTS (PAs)

– Nurse practitioners' pay bias claim based on PAs wage scale fails (Fed. Cir.), 20
– Oversight, negligence claim against doctor (Tenn. Ct. App.), 44
– Tenn., standards of care different for physicians and physician assistants (Tenn.), 914

PHYSICIAN PAYMENT

– Cardiologists file suit over reductions in 2010 fee schedule (S.D. Fla.), 38; dismissed for lack of jurisdiction, 655
– Deficit reduction panel, proposed recommendations for permanent fix, 1594; proposal lacks necessary votes for adoption, 1701
– FY2011

– – Budget request has no more spending cuts, 182
– – Final rule cuts Part B payments 24.9 percent, 1526
– – Lame-duck session action needed, 1596

– Medicare pay cut short-term fix

– – AMA seeks action before Thanksgiving, 1556
– – CMS waiting until mid-June to act on cut, 770; reduced checks begin, 870
– – Congressional Budget Office estimates, 645
– – Dec. 31 new deadline

See LEGISLATION, FEDERAL, HR 5712

– – Defense appropriations measure

See LEGISLATION, FEDERAL, HR 3326

– – Delay through May 31

See LEGISLATION, FEDERAL, HR 4851

– – Delay through November, Senate proposal

See LEGISLATION, FEDERAL, HR 3962

– – Delay until October 1

See LEGISLATION, FEDERAL, HR 4213

– – Extended through Nov., 900
– – No relief before recess, 452
– – One-month extension signed

See LEGISLATION, FEDERAL, HR 4691

– – One year delay, tentative bipartisan deal in Senate, 1700; further action, see LEGISLATION, FEDERAL, HR 4994
– – Senate Democrats consider jobs bill, 209; fix cut from jobs bill, 237; 30-day extension sought, 275

– Pay-for-performance

See PAY-FOR-PERFORMANCE PROGRAMS

PHYSICIAN QUALITY REPORTING INITIATIVE (PQRI)

See PAY-FOR-PERFORMANCE PROGRAMS

PHYSICIANS

– ADA claims

See AMERICANS WITH DISABILITIES ACT (ADA)

– ADEA, false time records and other disciplinary problems reason for firing (D.D.C.), 1167
– Ala., CON required for medical office building (Ala. Civ. App.), 929
– AMA

See AMERICAN MEDICAL ASSOCIATION (AMA)

– Anti-kickback laws

See generally ANTI-KICKBACK LAWS

– Antitrust issues

See ANTITRUST

– Arbitration provision in income guarantee agreement, doctor's civil rights counterclaim (E.D. Ark.), 707
– Assisted suicide

See ASSISTED SUICIDE

– Battery, misplaced injection claim fails (Minn. Ct. App.), 616
– Bonuses not paid, class certification reversed (Fla. Dist. Ct. App.), 617
– 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
– Corporate practice of medicine

See CORPORATE PRACTICE OF MEDICINE

– Damages cap applies to state university medical group not individual doctor (Or. Ct. App.), 287
– Data mining

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

– Defamation

– – False light suit against author and publisher for article about Hurricane Katrina events fails (E.D. La.), 354
– – Patient's statements may be enjoyed on proof practice affected (Fla. Dist. Ct. App.), 992

– Demoted former university school of medicine administrator's claims fail (4th Cir.), 131
– Doctor-patient privilege

See PRIVACY AND CONFIDENTIALITY

– Doctor-patient relationship required for malpractice suit, telephone conversation between treating and nontreating doctors (Okla.), 250
– Electronic health records, increased use, 80
– Employment taxes, health professionals in underserved areas, IRS memo, 1757
– Enhanced screening in anti-fraud bill

See LEGISLATION, FEDERAL, S 2964

– Expert's draft report used for settlement, doctor's breach of contract claim against law firm and professional group allowed (E.D. Pa.), 1605
– False claims

See FALSE CLAIMS

– Financial ties between doctors and industry, senators urge HHS to provide disclosure guidance, 1596
– HCQIA immunity

See HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)

– HIV-infected patient, doctor who refused surgery may be liable for bias (E.D. Wis.), 1072
– Hospital-employed doctors, Outlook 2010, health law issues, 5
– Hospitals acquiring physician practices, pitfalls, advice from lawyers, 861
– Informed consent

See INFORMED CONSENT

– IRS levy to recover personal income taxes owed by independent doctor, operator of primary care clinic liable for failure to honor (5th Cir.), 466
– “Itinerant” doctors ordinance, threat to privacy of patient information (N.D. Ind.), 1169
– Joint ventures that allow urologists to provide laser treatments to Medicare patients, claims dismissed (D.D.C.), 1777
– Leases, provider that sublet space to other doctors not liable for malpractice of subtenant (Or. Ct. App.), 420
– Licenses

See generally LICENSES AND LICENSING

– La., workers' compensation, PPO rates lower, reimbursement schedule applicable (La. Ct. App.), 1361
– Medical staff standard, Joint Commission draft, 167

– – Flexibility, new revision, 637
– – Hospitals should begin compliance now, panelists, 1051
– – Reported concerns, “early warning system” for hospitals, experts say, 1567
– – Revision to bylaws standard approved, 416

– Medicare claims records, nonprofit consumer magazine may not obtain documents (U.S., rev den), 574
– N.J. Portal Initiative, 5 health plans offer single online point of access to reduce office costs, 243
– New relationships between doctors and hospitals, BNA Insights, 1612
– N.Y., new law eases requirement midwives have written agreements with doctors or hospitals, 1113
– Noncompete clauses

See NONCOMPETE CLAUSES

– NPDB

See NATIONAL PRACTITIONER DATA BANK (NPDB)

– PATH

See PHYSICIANS AT TEACHING HOSPITALS (PATH)

– Payment

See PHYSICIAN PAYMENT

– Physician assistant oversight, negligence claim against doctor (Tenn. Ct. App.), 44
– Physician-owned hospitals

See SPECIALTY HOSPITALS

– Physician services agreement, primary care physician's suit against HMO not preempted by ERISA (D. Nev.), 384
– PROs

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– Rankings, Cal. doctors sue Blues plan over online program (Cal. Super. Ct.), 1295
– Rate negotiations between United Healthcare and Continuum Health Partners hospital group, statutory cooling off period (N.Y. Sup. Ct.), 189; agreement reached, 392
– Recruiting agreements

– – Arbitration award to hospital upheld (Tex. App.), 1451
– – Loan repayment from neurosurgeon, suit belongs in state court (E.D. Cal.), 188; rehearing to clarify ruling, 693
– – Restraint of trade (Ind.), 45

– “Red flag” rules, application

See generally IDENTITY THEFT

– Residents

See GRADUATE MEDICAL EDUCATION (GME)

– Retaliation, doctor complaints about another's competency, nominal damages for state whistleblower law violation (D. Me.), 1359
– RICO, Allstate claims against providers may proceed (E.D.N.Y.), 1549
– Sexual abuse of child by minor sibling suspected, new trial for doctor on damages apportionment (N.D.N.Y.), 660
– Sexual assaults by doctors

– – Cardiologist, no vicarious liability for hospital (W.D. Mich.), 843
– – Common-law charitable immunity, since repealed, applicable to suit (Mass. App. Ct.), 952
– – Not health care claim, no expert report required (Tex. App.), 816

– Sexual harassment

See generally SEXUAL HARASSMENT

– Social media

See generally INTERNET

– Stark laws

See SELF-REFERRALS

– Statement to undercover investigator, Strategic Lawsuit against Public Participation Law does not bar slander and other tort claims (Cal. Ct. App.), 252
– Tenn., standards of care different for physicians and physician assistants (Tenn.), 914
– Tex. law barring health care providers from contacting accident victims unconstitutional (W.D. Tex.), 463
– Unnecessary tests

– – Pathology services, dermatological practice settles, 976
– – Protection against malpractice suits, survey, 952

– White House officials urge doctors to embrace health reform law, 1210

PHYSICIANS AT TEACHING HOSPITALS (PATH)

– Unsupervised surgeries at Rush Univ. Med. Center alleged, qui tam suit dismissed (N.D. Ill.), 1550

PILOT PROJECTS

See DEMONSTRATION PROJECTS

PLEADING

– Failure to file qui tam case under seal, dismissal (6th Cir.), 1422
– False certifications to Medicare, FCA suit dismissal for lack of particularity (9th Cir.), 1134; (U.S., rev sought), 1483
– Intravenous fluid pump defect, opportunity for qui tam relator to amend complaint (5th Cir.), 1515
– N.C., medical malpractice certification must accompany claim of Alzheimer's patient who fell out of window (M.D.N.C.), 316
– Res ipsa loquitur

See CAUSATION

– Texas, expert reports to establish standard of care

See TEXAS

PODIATRY SERVICES

– Fla. license disciplinary action, subject may obtain expert's investigative records (Fla. Dist. Ct.), 1357
– NYC podiatrist, Medicare fraud settlement (S.D.N.Y.), 135

PPACA

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

PPOs

See PREFERRED PROVIDER ORGANIZATIONS (PPOs)

PPS

See PROSPECTIVE PAYMENT SYSTEM (PPS)

PQRI (PHYSICIAN QUALITY REPORTING INITIATIVE)

See PAY-FOR-PERFORMANCE PROGRAMS

PREFERRED PROVIDER ORGANIZATIONS (PPOs)

– Antitrust violation by insurance benefit manager, preventing upright MRI services providers from joining preferred provider networks, jury verdict (E.D.N.Y.), 1689
– ERISA

– – Hospital's suit based on terms of provider agreement remanded to state court (D.N.J.), 30
– – Indian tribal plan may pursue state claims against administrator (10th Cir.), 500

– Ga., any willing provider law, plan cannot bar physician group from networks, insurance commissioner, 535
– Hospital's balance billing suit against insurers (N.J. Super. Ct. App. Div.), 241
– La., workers' compensation, PPO rates lower, reimbursement schedule applicable (La. Ct. App.), 1361
– Prompt payment, third-party administrator must pay hospital's full billed charges due to delays (N.D. Tex.), 1704

PREGNANCY AND CHILDBIRTH

– Abortion

See ABORTION

– ADA, pregnancy temporary condition, permanent impairment not shown (S.D. Ind.), 711
– Antitrust, adverse peer review actions no Sherman Act violation (W.D.N.C.), 525
– Cesarean section delay, summary judgment for doctor and hospital (1st Cir.), 658
– Consulting physician for nurse-midwives owed no duty of care to obstetrical patient (D.C.), 419
– Death of fetus due to alleged failure to treat incompetent cervix, mother's claim allowed (Mich. Ct. App.), 1469
– Discrimination

See PREGNANCY DISCRIMINATION

– Doctor-patient relationship required for malpractice suit, telephone conversation between treating and nontreating physicians (Okla.), 250
– EMTALA

– – Dead fetus delivered at home after discharge, failure to stabilize claim (D. Me.), 1108
– – Physician group practice, claims related to stillbirth allowed (M.D. Ala.), 1599
– – Premature birth and death, exclusion of expert for alleged pro-plaintiff bias improper (1st Cir.), 1110
– – Standard screening procedure followed for pregnant motor vehicle accident victim (E.D. Okla.), 185; reconsideration denied, 612

– 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

– “Gross negligence” burden of proof for malpractice claims against emergency and obstetrics care providers does not violate state constitution (Ga.), 390
– Hemorrhaging cause of mother's death, jury award against hospital due to blood bank errors (Minn. Dist. Ct.), 1529
– Maternity leave, firing nurse who took unearned leave not sex bias (Ohio), 931
– Minn., newborn blood samples for DNA screening, genetic privacy claims (Minn. Ct. App.), 1243
– N.Y., new law eases requirement midwives have written agreements with physicians or hospitals, 1113
– N.D., failure to warn of Down syndrome, wrongful birth claim time-barred, state law prohibits wrongful life claim (N.D.), 1755
– Postpartum depression, new Mass. law requires insurers to submit screening data, 1215
– Preventing pregnancy-related deaths, Joint Commission Sentinel Alert, 192
– Refusal of medical treatment, Fla. must show compelling state interest for intervention (Fla. Dist. Ct. App.), 1184
– Stillborn infant, dismissal of wrongful death and malpractice claims improper (Ind. Ct. App.), 1111
– Surrogate mothers, insurer exclusion of maternity coverage violates state law (Wis.), 1027
– Tenn., malpractice claimants may recover as damages amounts paid or payable including Medicaid reimbursements (W.D. Tenn.), 1528
– Wrongful birth

See WRONGFUL BIRTH

PREGNANCY DISCRIMINATION

– Failure-to-accommodate claim (S.D. Ind.), 711
– Limited options for computed tomography technician to return to work following birth of child, claims against hospital (E.D. Ark.), 1514

PREMIUMS AND RATES

– Aetna Inc., dismissal of suit alleging misrepresentations to conceal underpricing to gain market share (3d Cir.), 1186
– Colorado

– – Anthem BCBS will pay $20M in premium credits after consumer complaints, 1323
– – New law bars using gender to determine premiums, 504

– Large premium increases

– – Aetna withdraws 19 percent rate hike due to miscalculations, 905
– – Anthem BCBS 39 percent increase in premiums, Sebelius seeks public explanation, 213; rate hike postponed to allow state review, 242; request for rate increase withdrawn, 645; state audit of claims data, 681
– – Financial records of largest insurers subpoenaed by Cal. Atty. Gen., 310
– – Grants for state rate reviews, HHS, 1174
– – Insurers defend hikes before House panel, 304
– – Iowa, public hearings, 536
– – N.Y., prior approval for increases, new law, 836
– – Obama calls for health care reform, 337
– – Pa. insurance regulators probe, 835
– – Senators warn insurers not to use health reform law as excuse, 1315
– – Top Senate Democrats ask Sebelius to investigate, 1427
– – “Unreasonable” increases, blocking

See LEGISLATION, FEDERAL, S 3078

– – WellPoint

– – – Documentation sought by Senate Fin. Comm. leaders, 715
– – – Sebelius urges states to review hikes, 680

– Massachusetts

– – Harvard Pilgrim, state regulators' denial of rate increase overturned, 905; settlement, 984
– – Health care reform, employer-subsidized health insurance requirement, inability to pay premium (Mass.), 601
– – Insurers challenge disapproval of rate hikes (Mass. Super. Ct.), 502; denial of preliminary injunction, 534

– Medical loss ratio

– Michigan

– – Medigap rate increase, Atty. Gen. challenges BCBS (Mich. Cir. Ct.), 1322; injunction, 1655
– – “Most favored nation,” anticompetitive effect of BCBS of Mich. parity clauses (E.D. Mich.), 1449; Justice Dep't official discusses complaint, 1635; motion to dismiss filed, 1771

– Mont. law on premiums duplicative, preempted (D. Mont.), 1172; premiums of similarly situated individuals, ERISA §702, 1433
– Ohio, Anthem premiums noncompliant, policy holder reimbursement, 938
– Premium rate reviews, Obama administration will move quickly to implement reforms, 535
– Rate negotiations between United Healthcare and Continuum Health Partners group, statutory cooling off period (N.Y. Sup. Ct.), 189; agreement reached, 392
– R.I., rate increases hearing urged, 280

PRESCRIPTION DRUGS

– Antitrust issues

See ANTITRUST

– Antiviral drugs, Reyataz and Sustiva overcharging alleged, AIDS foundation sues Bristol-Myers Squibb (C.D. Cal.), 1709
– Ativan, comparative negligence, patient who drove home from hospital knew of drug's effects (Fla. Dist. Ct.), 1566
– Avandia, marketing as “wonder drug” for diabetes, suit by Utah attorney general (Utah Dist. Ct.), 1592
– Clinical drug trials, proper structure may make income exempt for AMC's, attorney says, 1687
– Colo., new laws on cancer drug coverage, 748
– Combined drugs death, doctor may be liable for PAs oversight rule violation (Tenn. Ct. App.), 44
– Data mining

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

– DuoNeb under Medicare Part B, least costly alternative policy not allowed to set reimbursement rates (D.C. Cir.), 37
– Duract pain relief drug, third-party payers class certification (Ala.), 144
– Duragesic and Risperdal, reversal of civil penalty for allegedly misleading communications to state health care providers (W. Va.), 1639
– Flonase, delay of generic alleged

See GENERIC DRUGS

– Fla., new law to eliminate illegal “pill mills” (N.D. Fla.), 1396
– Formularies, Plavix as Tier 3 drug, insurer did not violate terms of plans (3d Cir.), 832
– Generic drugs

See GENERIC DRUGS

– Kadian misrepresentations and kickbacks, Alpharma agrees to pay (D. Md.), 452
– Marinol, qui tam action dismissal upheld, failure to identify claim linked to off-label marketing (U.S., rev den), 866
– Medicaid

See MEDICAID DRUG COVERAGE

– Neurontin, misrepresentations about off-label uses, RICO claims by insurers and Kaiser (D. Mass.), 96; jury orders Pfizer to pay $142M, 450
– Nev., pharmacy owes no duty to third parties for misuse (Nev.), 107
– Nitrogen Sustained Release capsules no longer eligible for Medicaid or Tricare reimbursement, manufacturer settles FCA claims (D. Mass.), 274
– Norvir and Kaletra protease inhibitors, direct purchasers' and competitor's Sherman Act claims (N.D. Cal.), 128; mandamus petition denied (9th Cir.), 1379
– Off-label use

See OFF-LABEL USE

– Ohio, no need for duplicative training for advanced practice nurses to write prescriptions, 79
– Oral chemotherapy medications

See CANCER

– Or., veto of bill allowing psychologists to prescribe certain medications, 544
– OxyContin

– – Marketing, 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

– Patient assistance programs

– – Cystic fibrosis drugs, modifications in proposal to help needy patients, advisory opinion, 1552
– – Donor-funded program to assist underinsured with drug copays, advisory opinion, 768
– – Nonprofit organization grants shield beneficiaries from donors, advisory opinion, 809

– Phenserine, securities fraud claims after price fell following disclosure Alzheimer's drug not effective (2d Cir.), 465
– Procrit kickbacks, FCA original source in tagalong case (U.S., rev sought), 59; Solicitor General input requested, 272; (rev den), 865
– Protonix, Wyeth accused of overcharging Medicaid by fraudulent price reporting, 17 more states join case (D. Mass.), 712
– Raplon whistleblower not original source (3d Cir.), 235
– RU-486, facility must be licensed same as surgical abortion facility, Atty. Gen. opinion, 1365
– Seroquel off-label uses, AstraZeneca agrees to pay, 598
– Tenn., nurse practitioner authority to prescribe medications, attorney general opinion, 355
– TOBI, Novartis settles FCA allegations, 644
– TriCor, generic competition-blocking antitrust suit settles (D. Del.), 64
– Vioxx, securities fraud statute of limitations, Merck & Co. investors' suit alleging misrepresentations timely (U.S., judg), 663
– Wellbutrin XL, pay-for-delay

See GENERIC DRUGS

– 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
– Zoladex and/or Pulmicort Respules, AstraZeneca settles pricing allegations, 868
– Zyprexa

– – Eli Lilly agrees to pay state (Miss. Cir. Ct.), 236
– – La. suit settles (E.D.N.Y.), 531
– – Toxicity as cause of death of patient with bipolar and other disorders (Tex. App.), 1715

PREVENTIVE CARE

– Coverage without cost-sharing by beneficiaries, interim final rule, 1026
– GINA, effect on voluntary wellness programs, final rule, 1557

PRICE FIXING

See generally ANTITRUST

PRISONS AND PRISONERS

– ADA, doctor under contract to P.R. corrections agency not employee (1st Cir.), 1692
– Exclusive agreement to provide medical services to inmates, product market (N.D. Cal.), 797

PRIVACY AND CONFIDENTIALITY

– Cal., almost $800,000 in fines for breaches at 7 health care facilities, 1667
– Consumer data protection, FTC proposes privacy framework, 1703
– Data mining

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

– Debt collector's medical data disclosure to consumer credit agencies, Fair Credit Reporting Act preempts claims (Cal. Ct. App.), 211
– Doctor-patient privilege

– – ADA, law firm's request for former associate's mental health records denied (N.D. Ill.), 1563
– – Discovery of nonparty patient records barred (S.D. Ind.), 607
– – Grand jury subpoena, claims against hospital for release of medical records allowed (N.D. Ohio), 215
– – N.H., search warrants for medical records (N.H.), 686
– – Patient files from office of Tenn. pediatrician indicted on health care fraud charges, warrants sufficient (6th Cir.), 840

– Electronic health records

See ELECTRONIC HEALTH RECORDS

– Health information exchanges, privacy issues, state implementation challenged (R.I. Super. Ct.), 943
– HIPAA

See HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

– HIV status of pharmacy technician disclosed by coworkers with access to Walgreens prescription database (Tenn. Ct. App.), 1703
– Identity theft issues

See IDENTITY THEFT

– “Itinerant” physicians ordinance, threat to privacy of patient information (N.D. Ind.), 1169
– Ky., confidentiality claims allowed against physician terminated without cause (W.D. Ky.), 317
– Medicare fraud prosecution, doctor not entitled to Tex. Medical Board investigation file (Tex. App.), 828
– Minn., newborn blood samples for DNA screening, genetic privacy claims (Minn. Ct. App.), 1243
– Name and personnel records used during NLRB hearing, no violation (Pa. Super. Ct.), 72
– New Hampshire

– – New health information laws, 27
– – Search warrants for privileged medical records (N.H.), 686

– Ohio, medication error reports, discovery of redacted copies (N.D. Ohio), 813
– Personal, medical, and financial information on stolen hospital computer discs, failure to show injuries, dismissal (Or. Ct. App.), 1428
– Physicians' group may sue Tex. medical board for alleged constitutional violations (5th Cir.), 1718
– Research, new Del. law allows disclosure of protected health information, 979
– Technology changes challenge implementation of law, HHS official, 1702
– Tenn., stroke registry act bars disclosure of hospital identity, state attorney general, 647
– Urgent care center, fine for improper disposal of patient records (N.D. Super. Ct.), 747
– Va., health information data breach notice, new law, 599
– Wiretap Act, recorded conversation between coworkers, jury trial on whether intentional (7th Cir.), 1291

PRIVILEGED COMMUNICATIONS

– Attorney-client

See ATTORNEY-CLIENT PRIVILEGE

– Common business interest qualified privilege applies to slanderous remarks hospital staff made to staffing agency about temporary physician (Ky.), 1256
– Confidentiality

See PRIVACY AND CONFIDENTIALITY

– Doctor-patient

See PRIVACY AND CONFIDENTIALITY

– Peer review

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– Psychotherapists and patients, no public interest exception, suspected overprescription of pain medication (Mass.), 1327

PRIVILEGES OF MEDICAL STAFF

See STAFF PRIVILEGES

PROMPT PAYMENT

See CLAIMS PROCESSING

PROs

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

PROSPECTIVE PAYMENT SYSTEM (PPS)

– HHAs, FY2011 payment rates

– – Decrease, proposed rule, 1034
– – Final rule, 4.89 percent cut, 1526

– Hospices, increase of 1.8 percent for FY2011, 1034
– Inpatient services

– – Decrease in 2011, proposed rule, 575; supplemental proposed rule would decrease payments at all inpatient hospitals, 755; final rule, 1105
– – Psychiatric facilities rate increase, 656
– – Rural floor adjustment, challenge to HHS interpretation (D.C. Cir.), 36

– Outpatients

– – Final rule changes physician supervision requirement, 1526
– – Increased payments in 2011, health reform changes, proposed rule, 945

– Psychiatric units, CMS calculation method error (5th Cir.), 1217
– SNFs

– – Advocacy groups urge full implementation, 1596
– – FY2011 payment rates, 1034

PROVIDER REIMBURSEMENT REVIEW BOARD (PRRB)

– Appeals, DSH payment adjustments, CMS rule, 687
– Rural hospitals, sequential geographic methodology for calculating Medicare reimbursements for residency programs (9th Cir.), 1106

PSOs

See PATIENT SAFETY ORGANIZATIONS (PSOs)

PSYCHIATRIC CARE FACILITIES

– Inpatient payment increase, 656
– Parent company dismissed from FCA case, no proof of involvement in subsidiaries' juvenile psychiatrist facility alleged Medicaid reimbursement scheme (W.D. Va.), 1096
– Privacy breach, HIPAA and HITECH notice required, no substantial federal questions (W.D. Ky.), 1316
– Reimbursement

– – CMS calculation method error (5th Cir.), 1217
– – HHS calculations, target amount caps (D.N.J.), 417

– Rights violations, NYC hospital agrees to correct systemic deficiencies (E.D.N.Y.), 78
– Tenn., conditions at state home for involuntarily committed mentally ill patients, motion to vacate orders (6th Cir.), 1142
– Universal Health Serv. must sell facilities to acquire rival (FTC), 1634

PUBLIC EMPLOYEES

– FEHBP

See FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP)

– State and local

See STATE AND LOCAL GOVERNMENT EMPLOYEES

– VA employees

See VETERANS AFFAIRS DEPARTMENT (VA)

PUBLIC HEALTH

– Emergency preparedness, Outlook 2010, top health law issues, 5
– H1N1 influenza

See H1N1 VIRUS

PUBLIC HOSPITALS

– Cal. Public Employment Relations Board has exclusive authority over county hospital's complaint against union (Cal. Ct. App.), 32
– Doctor's removal from chair position, no civil rights violation (5th Cir.), 1692
– DSH payments, state-owned hospitals receive most, report, 994
– First Amendment retaliation claim of nurse fails (D. Colo.), 334
– Immunity for private school medical resident (Tex.), 689
– Intergovernmental transfers, rule limiting Medicaid payments to public providers removed, 1660
– Nev. public entity damages cap applies to EMTALA disparate screening claim (D. Nev.), 611; jury trial required, 987
– Notice, state tort claims requirements apply to EMTALA violations case (S.D. Cal.), 946
– Sexual harassment complaints against physician, penalties in past cases (W.D. Pa.), 527
– Sovereign immunity issues

See SOVEREIGN IMMUNITY

– Staff privileges, state-run hospital denial of radiation oncologist's reappointment application reasonable (Cal. Ct. App.), 311
– State action doctrine bars antitrust claims against county hospital and officials (6th Cir.), 1632
– Teaching hospitals

See TEACHING HOSPITALS

– Tennessee

– – Liability protections, retroactive application unconstitutional (Tenn.), 914
– – Mergers notice requirement for subsidiaries, 576

– Wash., state hospital employee gets substantial amount in sexual harassment settlement (Wash. Super. Ct.), 710

PUERTO RICO

– ADA, doctor under contract to corrections agency not employee (1st Cir.), 1692
– Cesarean section delay, summary judgment for doctor and hospital (1st Cir.), 658
– FQHCs, agency required to make Medicaid wraparound payments (1st Cir.), 1522