Health Law Reporter Index-Summary

RACIAL OR ETHNIC DISCRIMINATION

– “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
– Demotion and firing of African-American nursing director (6th Cir.), 1017
– Doctors' interference with pediatrician's contracts with potential clients (E.D. Cal.), 973
– Drug documentation errors basis for discharge, RN's retaliation claim for reporting race bias (6th Cir.), 1131
– Emergency room alleged refusal to treat “black men from Africa with AIDS,” claim may proceed (D.N.J.), 1293
– Ga. at-will employment law, race not shown as exception (11th Cir.), 1420
– Harassment, denture firm settles (D. Mass.), 801
– Hiring claims of African American nurse fail, falsity and bias not shown (11th Cir.), 170
– Judicial estoppel bars claim, but former hospital worker had standing to sue (D.C. Cir.), 800
– Minority health care, agreement to promote access to services in community surrounding closed hospital, 1293
– Nursing homes

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

– Ohio peer review privilege no bar to discovery (S.D. Ohio), 1068
– Physician group practice, claims related to pregnancy care allowed (M.D. Ala.), 1599
– Probation, jury verdict in favor of African American paramedic upheld (7th Cir.), 1547
– Public health worker, failure to exhaust remedies or claim retaliation (11th Cir.), 529
– Quality assurance review basis for non-renewal of privileges, Asian-Indian physician's bias claim fails (3d Cir.), 1710
– Reverse discrimination, trial judge error, disclosure of doctor's income harmless (4th Cir.), 1381
– Revoked reprimand letter, no adverse employment action against African American emergency department physician (S.D.N.Y.), 1131
– Sexual harassment complaints against physician, penalties in past cases (W.D. Pa.), 527
– Staff privileges loss, no federal right of action against private nonemployer hospital (11th Cir.), 283
– Test cheating dispute, fired workers failed to exhaust administrative remedies (5th Cir.), 528
– VA probationer, terminated African American pharmacist did not identify similarly situated, nonprotected employee (6th Cir.), 1209

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Automobile insurance

– – Allstate claims against providers may proceed (E.D.N.Y.), 1549
– – State Farm suit against health care providers, damages modified (E.D. Pa.), 808

– Bid rigging by health insurers and brokers, dismissal of employee benefit plans and policy holders claims (3d Cir.), 1205
– Class action dismissal no bar to ERISA claims against insurer by other providers (11th Cir.), 979
– CVS Caremark, alleged mishandling of protected health information to injure independent retail pharmacies (S.D. Tex.), 1431
– Dentists failed to adequately allege conspiracy (11th Cir.), 719
– Doctor's suit against hospital chief executive officer fails to allege elements of violation (W.D. Pa.), 1693
– Neurontin, misrepresentations about off-label uses, claims by insurers and Kaiser (D. Mass.), 96; jury orders Pfizer to pay $142M, 450
– Ohio prompt payment law preempts providers' claims (6th Cir.), 532; (U.S., rev sought), 983; cases pending at beginning of new term, 1307; (rev den), 1385
– Orthopedic devices distributor's suit against manufacturers dismissed (3d Cir.), 798
– Out-of-network services, surgical group claim fails (E.D. Mo.), 339
– Pa., chiropractors' claims against BCBS fail (N.D. Ill.), 747; ERISA claims against WellPoint dismissed, 1432

RACs

See RECOVERY AUDIT CONTRACTORS (RACs)

RADIATION

– Computed tomography scan overdoses, Cal. hospitals report following device specifications, 1147
– Mandatory overdose reporting bill being considered by Cal. governor, 1364; signed by governor, 1397

RADIOLOGY SERVICES

– Abortion

– – Fla., ultrasound requirement vetoed by governor, 845
– – Okla. providers sue state over ultrasound requirement (Okla. Dist. Ct.), 845

– Anti-kickback laws, preauthorization service for free, advisory opinion, 1383
– Antitrust

– – Hospital's efforts to block diagnostic imaging center (N.D. Ill.), 268
– – Insurance benefit manager, preventing upright MRI services providers from joining preferred provider networks, jury verdict (E.D.N.Y.), 1689

– Colo., new laws on mammography screening coverage, 748
– Expert witnesses, radiologist may testify about vertebroplasty standard of care applicable to neurosurgeon (Mo.), 950
– HIPAA breach, unsolicited contacts by terminated radiologist, Conn. hospital notifies patients, 455
– Hospitals' claims against HMO providing TRICARE services, class certification rejected (11th Cir.), 510
– N.Y., diagnostic imaging center license to hospital, nontaxable service, 1190
– Radiation oncology services

– – Dietitian and social worker free to cancer patients at free-standing centers, advisory opinion, 867
– – Qui tam case, clinic and physician agree to pay (M.D. Fla.), 451
– – Staff privileges, state-run hospital denial of radiation oncologist's reappointment application reasonable (Cal. Ct. App.), 311

– Radiation overdoses

– – Computed tomography scans, hospitals report following device specifications, 1147
– – Mandatory reporting bill being considered by Cal. governor, 1364; signed by governor, 1397

– Sex discrimination and retaliation claims of former VA radiation technologists fail (1st Cir.), 1772
– Shoulder injury, fired cardiac sonography technician may pursue disability claims (E.D. Cal.), 378

RATES

See PREMIUMS AND RATES

RECORDS AND RECORDKEEPING

– Elder abuse, SNF employee job records subject to discovery (Cal. Ct. App.), 652
– HIPAA issues

See HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

RECOVERY AUDIT CONTRACTORS (RACs)

– Hospitals urged to have defensive strategies in place, 1201

REGISTERED NURSES (RNs)

See NURSES AND NURSING

REGULATORY REFORM

– Health care reform

– – Focus shifts to agencies, 555
– – Interim final rules unveiled, 871

– Public comments on proposed rules

See LEGISLATION, FEDERAL, S 3924

– Semiannual agenda

– – HIPAA rule changes, 599
– – PPACA implementation, 1782

REHABILITATION ACT

– Asperger's disorder, hospital accommodation of medical resident (6th Cir.), 1739
– Deaf patients

– – Adequacy of accommodation (D. Md.), 947
– – Hospital failure to provide sign language interpreter on 3 occasions (W.D. Wash.), 1712
– – Preference, failure to provide sign language interpreter chosen by patient (D. Colo.), 1531

– Doctor under contract to P.R. corrections agency not employee (1st Cir.), 1692
– Independent contractors, anesthesiologist terminated due to sickle cell anemia, Rehabilitation Act claim allowed (U.S., rev den), 864
– Pa. orthopedic surgical practice agrees to provide interpreters for hearing impaired patients, 285
– Sovereign immunity, state policy of not licensing nurses in methadone maintenance program (M.D. Pa.), 973
– Surgeon with hand tremor, federal bias and retaliation claims proceed despite state peer review proceedings (E.D. Cal.), 507
– Univ. of Utah Hospitals agree to provide equal access to patients with hearing, vision, and speech disabilities, 217

REHABILITATION SERVICES

See also PHYSICAL THERAPY
– Minimum hours of therapy not met, Mass. hospital FCA settlement, 274
– N.C., medical malpractice certification must accompany claim of Alzheimer's patient who fell out of window (M.D.N.C.), 316
– Sexual harassment of occupational therapists, hostile work environment claim against hospital (3d Cir.), 64

REIMBURSEMENT

See COVERAGE AND REIMBURSEMENT POLICIES

RELEASES

See WAIVERS

RELIGION

– Abortion issues

See generally ABORTION

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

See CATHOLIC HOSPITALS

– Contraception issues

See generally CONTRACEPTION

– Medi-Share, religious group's medical care expense sharing program qualified as insurance (Ky.), 1243
– Nurse talked about date for end of the world, directive to stop talking no civil rights violation (W.D. Ky.), 1237
– PPACA, Christian legal organization lacks standing to challenge insurance mandate (S.D. Cal.), 1276; (U.S., rev den), 1553

RELIGIOUS DISCRIMINATION

– Nurse talked about date for end of the world, directive to stop talking no civil rights violation (W.D. Ky.), 1237

REPORTING REQUIREMENTS

– Cal., chief executives of hospitals asked to report on serious patient incidents, 1608
– Charity care

– – Distinguishing nonprofit from for-profit hospitals, 621
– – Fin. Accounting Standards Bd. proposals to clarify accounting issues, 578; final update, 1221

– CIAs, disclosure of reports prepared by hospital to demonstrate compliance with Medicare and Medicaid (Tenn. Ct. App.), 1516
– Compliance officer access to board

See CORPORATE GOVERNANCE

– Expert reports to establish standard of care

See TEXAS

– Fair Credit Reporting Act preempts privacy claims, debt collector's disclosures of medical data to consumer credit agencies (Cal. Ct. App.), 211
– Form 990

See TAXATION

– Health care-associated infections, state reporting programs, 1129
– Joint Commission, reported concerns, “early warning system” for hospitals, experts say, 1567
– Medical malpractice settlements, filing required notices no breach of doctor's constitutional rights (7th Cir.), 1164
– N.J., ASCs infection rate reporting, 152
– Notice

See NOTICE

– NPDB

See NATIONAL PRACTITIONER DATA BANK (NPDB)

– Nursing home supervisor's suspension not retaliation for reporting patient abuse (5th Cir.), 270
– Physician Quality Reporting Initiative (PQRI)

See PAY-FOR-PERFORMANCE PROGRAMS

– Postpartum depression, new Mass. law requires insurers to submit screening data, 1215
– PSOs

See PATIENT SAFETY ORGANIZATIONS (PSOs)

– Radiation overdoses, mandatory reporting bill being considered by Cal. governor, 1364; signed by governor, 1397
– Sexual abuse of child by minor sibling suspected, new trial for physician on damages apportionment (N.D.N.Y.), 660
– Tax exempt hospitals, IRS official, 1499
– Tax Form 1099 requirements repeal, Senate negotiations on fix, 1642
– Tennessee

– – Mergers notice requirement for public hospital subsidiaries, 576
– – Stroke registry act bars disclosure of hospital identity, state attorney general, 647

– Voluntary reporting of safety data, federal law implementation slow, report, 193
– Zicam Cold Remedy adverse events, failure to disclose statistically insignificant data, industry groups support maker (U.S., amicus briefs filed), 1296

REPRODUCTIVE HEALTH SERVICES

– Abortion

See ABORTION

– Contraception

See CONTRACEPTION

– OB/GYN services

See PREGNANCY AND CHILDBIRTH; WOMEN'S HEALTH

RES IPSA LOQUITUR

See CAUSATION

RESCISSION

– Breach of contract and unfair trade practices, state law claims (Cal. Ct. App.), 456
– Cal. Insurance Dept. regulations

– – Effective Aug. 18, 1138
– – Health insurers' trade group sues to block rules (Cal. Super. Ct.), 1244; hearing set, 1465

– Del., new law limits post-claims underwriting, 1280
– ERISA does not apply, suit belongs in state court (N.D. Cal.), 242
– Health Net shareholder derivative suit (Cal. Super. Ct.), 110
– Los Angeles may proceed with unfair competition and false advertising claims (Cal. Super. Ct.), 308
– Material misrepresentations, state Insurance Code interpretation (Cal. Ct. App.), 142
– Mistake by insurer, hospital may keep settlement funds (8th Cir.), 383
– Restricted, Cal. governor signs bill, praise from physicians' group, 1465
– State regulatory authority no bar to Los Angeles city attorney's claims against health plans and insurers (Cal. Ct. App.), 99
– UnitedHealthcare and other insurers implement reform provision early, 650
– WellPoint first insurer to renounce practice, 603; correction, 651

RESEARCH

– Del. law allows disclosure of protected health information, 979
– Sexual harassment reporting retaliation claim of researcher excluded from grants (6th Cir.), 171

RESIDENTS

See GRADUATE MEDICAL EDUCATION (GME); TEACHING HOSPITALS

RESPIRATORY PROTECTION

– H1N1 virus, proposed CMS guidance, 906

RESTRAINTS

– Patient abuse alleged, firing of state mental health workers improper (N.C. OAH), 1549

RESTRICTIVE COVENANTS

See NONCOMPETE CLAUSES

RETAIL-BASED CLINICS

See LIMITED SERVICE CLINICS (LSCs)

RETALIATION

– ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– Ark., physician/supervisor may be liable under state law (Ark.), 1636
– At-will employees

– – Fired nurse's discrimination claims fail (Tenn. Ct. App.), 379
– – Reporting safety violations (Mo.), 234

– Civil rights laws do not protect physician who sent mass e-mail complaining about emergency room staff (Mich. Ct. App.), 1456
– Discriminatory hiring claims of African American nurse fail, falsity and bias not shown (11th Cir.), 170
– E-mails, memoranda, and reports must be produced, firing allegedly due to complaints about nursing errors (N.C. Ct. App.), 913
– Excessive hours complaint, bias claims of dismissed resident allowed (W.D. Va.), 865
– Fewer referrals and “inactive” clinical status for doctor, potential adverse action (2d Cir.), 1523
– Fired female trauma surgeon's claims may proceed (S.D. Fla.), 172
– First Amendment

– – Fired physician public employee but not speaking about public concern (N.D. Ill.), 1420
– – Organ transplant coordinator's claim fails because all statements within scope of employment (10th Cir.), 271
– – Public hospital, claim of nurse fails (D. Colo.), 334

– 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
– Independent contractor physician alleges privileges revoked for reporting safety violations (N.Y. Sup. Ct. App. Div.), 235
– Judicial estoppel bars claim, but former hospital worker had standing to sue (D.C. Cir.), 800
– Mich. whistleblower protection, no remedy for wrongful discharge (Mich. Ct. App.), 1740
– Nurse fails to show discharge violated rights (N.D. Cal.), 206
– Nursing homes

– – Housekeeper sexually harassed by residents, award upheld (7th Cir.), 932
– – Male nurse was ex-stripper, remarks by other workers, no hostile work environment (W.D. Pa.), 1239
– – No proof license suspended due to owner's protected speech (W.D. Wash.), 504
– – Supervisor's suspension not due to reporting patient abuse (5th Cir.), 270

– Physician complaints about another's competency, nominal damages for state law violation (D. Me.), 1359
– Public health worker, failure to plead claim or exhaust remedies (11th Cir.), 529
– Reporting to supervisors, wrongful termination suit allowed (Md.), 708
– Reverse bias claim fails due to fired RN's narcotic documentation problems (6th Cir.), 1166
– Sexual harassment

– – Male nurse was ex-stripper, remarks by other workers, no hostile work environment (W.D. Pa.), 1239
– – Occupational therapists, failure to promote (3d Cir.), 64
– – Propositioning and touching female employees, medical clinic liable for actions of owner (5th Cir.), 21
– – Researcher excluded from grants (6th Cir.), 171

– Staff privileges issues

See STAFF PRIVILEGES

– Surgeon with hand tremor, federal claims proceed despite state peer review proceedings (E.D. Cal.), 507
– TennCare overpayments, claim of former ambulance company employee (W.D. Mich.), 94
– Termination due to drug documentation errors, RN's race bias claim (6th Cir.), 1131
– Test cheating dispute, fired workers failed to exhaust administrative remedies (5th Cir.), 528
– Univ. of Tex. Southwestern Med. Center at Dallas, immunity waiver fact questions, medical professor's reports of violations (Tex. App.), 1059
– VA radiology technologists, claims fail (1st Cir.), 1772

RHODE ISLAND

– Discount medical plans, marketing standards, new law, 939
– ERISA preempts BCBS suit against chiropractors (D.R.I.), 1560
– Health information exchanges, privacy issues, state implementation challenged (R.I. Super. Ct.), 943
– Lifespan/Care New England merger proposal withdrawn, 353
– Peer review privilege, timeline based on patient's medical chart not privileged (R.I. Super. Ct.), 1528
– Rate increases by BCBS and United HealthCare Ins., hearing urged, 280

RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

RNs (REGISTERED NURSES)

See NURSES AND NURSING

RURAL HEALTH CARE

– California

– – Bill to extend pilot project to attract doctors to underserved communities, corporate practice of medicine issue, 993
– – Medi-Cal, centers entitled to reimbursement until CMS approves state plan amendment (E.D. Cal.), 1492

– Employment taxes, health professionals in underserved areas, IRS memo, 1757
– Minn. rural health cooperative, settlement of price collusion charges (FTC), 863
– Neb., extension of sales-tax exemption for nonprofit hospitals vetoed, 577
– Sequential geographic methodology for calculating Medicare reimbursements for residency programs (9th Cir.), 1106
– Stark law, deadline for whole or rural hospital exceptions, proposed rule, 1019