Health Law Reporter Index-Summary

SAFETY OF PATIENTS

– California

– – Chief executives of hospitals asked to report on serious patient incidents, 1608
– – Patient care standards preempted by Medicare Advantage (Cal.), 413
– – Sanctions, hospitals cited for licensing noncompliance and patient risks, 191; fines of 7 hospitals announced, 543; fines for 12 hospitals, 1607; almost $800,000 in fines for privacy breaches at 7 facilities, 1667

– Health IT products, Grassley (R-Iowa) asks FDA about its role, 304
– Joint Commission

– – Project on patient “hand-offs,” improvements, expansion in 2011, 1499
– – Suicide risks for nonpsychiatric patients, Sentinel Alert to hospitals, 1719

– LTCHs, information sought by Senate Fin. Comm. leaders, 342
– Preventing pregnancy-related deaths, Joint Commission Sentinel Alert, 192
– PSOs

See PATIENT SAFETY ORGANIZATIONS (PSOs)

– Verbal orders authentication requirements, Colo., 726
– Voluntary reporting of data, federal law implementation slow, report, 193

SALARIES

See WAGES AND SALARIES

SANCTIONS

See DISCIPLINARY ACTIONS
– Penalties

See PENALTIES

SANITATION

– Disinfection

See DISINFECTION

SCHIP

See CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP)

SCREENING

See TESTS AND SCREENING

SEARCH AND SEIZURE

– Fourth Amendment

See FOURTH AMENDMENT

– Subpoenas

See SUBPOENAS

SECONDARY PAYER PROGRAM

– Cigarette manufacturer, qui tam action, advocacy groups and Medicare beneficiary lack standing (2d Cir.), 1436
– Collection practices, discovery outside administrative record (D. Ariz.), 574
– Conditional payments

– – Loss of parental companionship, Medicare not entitled to reimbursement of medical expenses for deceased nursing home resident (11th Cir.), 1392
– – Pollution liability settlement, U.S. sues insurers, beneficiaries and lawyers (N.D. Ala.), 247

SECURITIES

– Aetna Inc., dismissal of suit alleging misrepresentations to conceal underpricing to gain market share (3d Cir.), 1186
– Axonyx Inc., price fell following disclosure Alzheimer's drug not effective, dismissal of fraud class action (2d Cir.), 465
– Cephalon Inc., dismissal of shareholder derivative suit, marketing oversight (3d Cir.), 1771
– Health Net shareholder derivative suit over rescissions (Cal. Super. Ct.), 110
– HealthSouth, Securities and Exchange Comm'n distribution to former investors and approval of settlement (N.D. Ala.), 1073
– Merck & Co. investors' suit alleging Vioxx misrepresentations timely (U.S., judg), 663
– Mergers

See MERGERS AND ACQUISITIONS

– WellCare, accounting schemes putative class settlement (M.D. Fla.), 1186
– Zicam Cold Remedy adverse events, failure to disclose statistically insignificant data, industry groups support maker (U.S., amicus briefs filed), 1296

SELF-REFERRALS

– ACOs, protections possible, attorney says, 1645
– Anti-kickback laws

See generally ANTI-KICKBACK LAWS

– Attorney accused of false certification, former Tenet general counsel, notice of intention to dismiss as time-barred (S.D. Fla.), 496; dismissed, 597
– Deadline for whole or rural hospital exceptions, proposed rule, 1019
– Exceptions tightened, lawyer warns, 868
– Hospital compensation to anesthesia group practice in exchange for facility fees, trial ordered in qui tam case (M.D. Pa.), 494
– Hospitals acquiring physician practices, pitfalls, advice from lawyers, 861
– In-office ancillary services exception, proposed rule, 1019
– Indirect compensation, hospital and physicians, Stark law violations (W.D. Pa.), 1591
– Joint ventures that allow urologists to provide laser treatments to Medicare patients, claims dismissed (D.D.C.), 1777
– Lithotripsy services, United settles with IG, 976
– Md., hospital agrees to pay to resolve allegations of payments to cardiology group (D. Md.), 1594
– Payments for referrals alleged, Tulsa hospital settles claims, 24
– Protocols

See LEGISLATION, FEDERAL, S 2964

– Rural provider and whole hospital exceptions, definitions narrowed, proposed rule, 945
– Rush Univ. Med. Center agrees to pay, Stark Law allegations (N.D. Ill.), 336
– Scope of physician imaging and radiation therapy arrangements, lawmakers ask for study, 645
– Self-disclosure protocols

– – AHA calls for 2-track process, 1021
– – Cardiologists urge rapid release, 644
– – CMS self-referral disclosure protocol, 1351

– – – Reduced repayment possible, deadline suspension, 1382
– – – Risks considered, BNA Insights, 1400

– Split verdict, jury finds hospital violated Stark law but not FCA (D.S.C.), 530; interlocutory appeal of new trial order denied (4th Cir.), 1516
– Technical violations under Stark, warning from attorneys, 795

SENTENCING

– N.J. pharmacy and pharmacist, sentence includes restitution to health plans (D.N.J.), 1097
– “Skid Row” recruiting for unnecessary treatment

– – Former CEO sentenced to prison and restitution (C.D. Cal.), 1275
– – Prison sentence for former co-owner of hospital (C.D. Cal.), 273

SENTENCING GUIDELINES

– Compliance officer access to board

See CORPORATE GOVERNANCE

– Recent developments, BNA Insights, 154

SERIOUS REPORTABLE ERRORS (SREs)

See generally MEDICAL ERRORS

SETTLEMENTS

– Amount received from maker of off-label device must be set off from medical malpractice award (D.S.D.), 1253
– Contribution, hospital need not disclose peer review materials to device maker (E.D. Mich.), 612; FDA site visit records and physician credential files protected by privilege, 755; summary judgment for device maker, Medtronic, 1437
– Deferred prosecution agreements and nonprosecution agreements

– – Accountability, report, 66
– – Third-party monitoring, DOJ guidance for prosecutors, 803

– Early periodic screening, diagnosis, and treatment

– – D.C. waited too long to seek relief alleging change of law (D.D.C.), 1140
– – TennCare-eligible children, injunction modified (6th Cir.), 1708

– FCA judgments in FY2010 of $2.5B, DOJ announcement, 1640
– For-profit insurer forced to defend use of charitable assets acquired in merger must treat payments as capital expenditures (7th Cir.), 465
– Generic drugs, pay-for-delay

– – Ban proposed

See LEGISLATION, FEDERAL, HR 3962, HR 4899

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

– Joint tort-feasor credit for physician barred by agreement with hospital (Md.), 1564
– Medical malpractice, filing required notices no breach of doctor's constitutional rights (7th Cir.), 1164
– Mistake by insurer, hospital may keep funds (8th Cir.), 383
– MSP

– Negligent credentialing suit dismissal, settlement of medical malpractice suit against physician (Ohio Ct. App.), 1469
– N.H., Medicaid class action children's dental care settlement, contempt claim fails (D.N.H.), 776
– Patient malpractice compensation fund, incorrect damages calculation (Ind. Ct. App.), 1071
– Physicians' BCBS claims disposition bars suit (11th Cir.), 139
– Provider class action settlement with Aetna does not bar contract breach suit by bankrupt physician group (11th Cir.), 718
– Revival of disciplinary action settled by stipulation 5 years ago refused (Cal. Ct. App.), 386
– Subrogation issues

See SUBROGATION

– Taxes, deductibility of civil fraud settlement (D. Mass.), 954
– Tennessee

– – Conditions at state home for involuntarily committed mentally ill patients, motion to vacate orders (6th Cir.), 1142
– – Medicaid-eligible children, injunction modified (6th Cir.), 1708
– – Peer review privilege, agreement immune from discovery (Tenn. Ct. App.), 948

– Trucking company that settled accident victim's claims may not sue treating hospital for negligent care (Miss.), 781

SEVENTH AMENDMENT

– Noneconomic damages cap challenge based on federal rights (E.D. Tex.), 589

SEX DISCRIMINATION

– Colo., new law bars using gender to determine premiums, 504
– Computed tomography technician, fact question whether male replacement was qualified, claims against hospital (E.D. Ark.), 1514
– Equal Pay Act

See EQUAL PAY

– Excessive hours complaint, bias claims of dismissed resident allowed (W.D. Va.), 865
– Fired female trauma surgeon's claims may proceed (S.D. Fla.), 172
– Harassment

See SEXUAL HARASSMENT

– Maternity leave, firing nurse who took unearned leave not bias (Ohio), 931
– VA radiology technologists, claims fail (1st Cir.), 1772

SEXUAL HARASSMENT

– Ark., physician/supervisor may be liable for harassment under state law (Ark.), 1636
– Denture firm settles (D. Mass.), 801
– Female physician targeted by mail boss, suit reinstated (4th Cir.), 930
– Male nurse was ex-stripper, remarks by nursing home workers, no hostile work environment (W.D. Pa.), 1239
– Nursing home housekeeper harassed by residents, jury award (7th Cir.), 932
– Occupational therapists, no hostile work environment claim against hospital (3d Cir.), 64
– Physical therapist's complaints about actions of chiropractor, response not prompt or effective, jury award upheld (8th Cir.), 1235
– Propositioning and touching female employees, medical clinic liable for actions of owner (5th Cir.), 21
– Retaliation claim of researcher excluded from grants (6th Cir.), 171
– State hospital employee gets substantial amount in settlement (Wash. Super. Ct.), 710
– Va., no wrongful discharge claim against supervisor/sexual harasser (W.D. Va.), 1132

SEXUAL ORIENTATION DISCRIMINATION

– Visitation rights of same-sex partners and others

– – HHS rules, 576
– – Patients' right to designate visitors, CMS proposed rule, 916; final rule, 1665

SHARPS

See NEEDLES AND SHARPS

SKILLED NURSING FACILITIES (SNFs)

– California

– – Fine for patient death after choking, 281
– – Medi-Cal, hospitals with distinct SNFs units, reimbursement limits and rate freezes (Cal. Ct. App.), 1247; review denied (Cal.), 1659

– CMPs

– – Failure to minimize risk of accident (7th Cir.), 685
– – Immediate jeopardy, failure to inform physician and family of change in condition, upheld (6th Cir.), 940
– – Penalty paid by buyer, review petition dismissed (2d Cir.), 908
– – Upheld, immediate jeopardy due to failure to dispense medications and monitor patient's condition (4th Cir.), 183

– Elder abuse, employee job records subject to discovery (Cal. Ct. App.), 652
– ERISA, SNF's state law claims against MA insurer not preempted (E.D. Wis.), 1651
– Excluded employee, Conn. SNF agrees to pay for improper billing, 713
– HHS cannot reopen reimbursement claim to divest federal court of jurisdiction (7th Cir.), 1032
– PPS

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

– Resource Utilization Groups Version 4

See LEGISLATION, FEDERAL, HR 5712

– Under arrangements pharmacy goods provider suit against SNFs that failed to pay, discovery order (D. Utah), 1215

SMALL BUSINESSES

– ACOs, stakeholders urge inclusion of small practices, 1699
– Bloodborne pathogens standard, impact, comments, 720
– Grandfathered plans

– – Big copayment increases will be forbidden by health reform rules, 834
– – Frequently asked questions, Labor Dep't, 1518

– N.Y. affordable coverage program, fine ends probe of Aetna HMO, 214
– Rate hikes, Pa. insurance regulators probe, 835
– Tax Form 1099 reporting requirements repeal, Senate negotiations on fix, 1642

SMOKING

– MSP, qui tam action against cigarette manufacturer, advocacy groups and Medicare beneficiary lack standing (2d Cir.), 1436
– Tobacco-free campus policy outside scope of collective bargaining agreement (W.D. Pa.), 683

SNFs

See SKILLED NURSING FACILITIES (SNFs)

SOCIAL MEDIA

See INTERNET

SOFTWARE

– Natural language processing developer took source code, hospital's ownership must be decided by jury (D. Minn.), 421
– Personal, medical, and financial information on stolen hospital computer discs, failure to show injuries, dismissal (Or. Ct. App.), 1428
– Scheduling manufacturer's representative visits, charitable donations for provider's use, advisory opinion, 1097

SOUTH CAROLINA

– Cancer-only insurance policy payments, retroactive application of “actual charges” law (4th Cir.), 239
– CONs for 2 nearby cancer treatment facilities (S.C.), 377
– Expert testimony

– – Informed consent, subclavian bypass risk, expert proof not required (S.C.), 1288
– – Physician standards of care, defective internal cardioverter defibrillator (S.C. Ct. App.), 1290

– Health care reform constitutionality challenge

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

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

SOUTH DAKOTA

– Health care reform constitutionality challenge

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

– Informed consent, surgical procedure outside of operating room and allegedly without proper anesthesia (D.S.D.), 1788
– Medical marijuana ballot initiative, 1570
– Nursing home arbitration clauses, choice of arbitrator not integral to enforcement (D.S.D.), 205
– Peer review privilege, state law bars discovery (D.S.D.), 102

SOVEREIGN IMMUNITY

– 11th Amendment issues

See ELEVENTH AMENDMENT

– HCQIA

See HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)

– Medicaid, hospital claims against state officials for failure to pay for disabled recipient (M.D. Tenn.), 1597
– Texas

– – Doctor must show suit could have been brought against state agency employer (Tex. App.), 1183
– – Irrevocable election, complications from gall bladder surgery at Univ. of Texas hospital (Tex. App.), 991
– – Medical board members may not be sued in connection with revocation (E.D. Tex.), 1323
– – Private school medical resident at public hospital (Tex.), 689
– – State hospital cannot be sued for doctor's negligent judgment (Tex. App.), 1181
– – Waiver fact question, Tex. law requiring report to “appropriate law enforcement authority” (Tex.), 1059

SPECIALTY HOSPITALS

– Cardiology services market, restraint of trade suit against general hospital (8th Cir.), 17; (U.S., rev den), 897
– Joint Commission standards

See JOINT COMMISSION

– Physician-owned hospitals

– – Constitutionality of restrictions in health reform law (E.D. Tex.), 813
– – Deadline for eligibility for exception, lawyer warns, 868
– – Economic credentialing policy, denial of privileges to physicians who hold ownership interests in competing facilities (Ark.), 752; affirmed, 1390
– – Stark law, deadline for whole or rural hospital exceptions, proposed rule, 1019

SPEECH THERAPY

– Unlicensed and unqualified aides deliver services, qui tam suit settles (D. Idaho), 1743

SREs (SERIOUS REPORTABLE ERRORS)

See generally MEDICAL ERRORS

STAFF PRIVILEGES

– After-acquired evidence basis for upholding suspension (E.D. Mich.), 185
– Board certification requirement, motion for reinstatement denied (Fla. Dist. Ct. App.), 1437
– Cal. anti-SLAPP law, physician's claims based on summary suspension and denial of reapplication, no violation (Cal. Ct. App.), 1660
– Constructive discharge not shown, locker search reasonable (10th Cir.), 910
– Discrimination claims

– – Civil rights not violated by summary suspension and denial of reapplication (9th Cir.), 911
– – Doctors' interference with pediatrician's ability to get full-term clinical privileges (E.D. Cal.), 973
– – Racial bias, no federal right of action against private nonemployer hospital (11th Cir.), 283

– Disruptive conduct reportable to NPDB (11th Cir.), 1362
– Doctor's removal from chair position, no civil rights violation (5th Cir.), 1692
– Economic credentialing policy, denial of privileges to physicians who hold ownership interests in competing facilities (Ark.), 752; affirmed, 1390
– Favorable termination doctrine does not apply but compliance with bylaws not shown (Conn.), 723
– HCQIA immunity

See HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)

– La., surgeon's remaining state law claims remanded to state court (5th Cir.), 538
– Medicare Act, doctor has no private right of action against hospital for alleged violations (S.D. Ohio), 944
– Negligent credentialing

See TORTS

– New York

– – Documentary evidence not sufficient for dismissal of claims against peer review members (N.Y. App. Div.), 540
– – Independent contractor physician alleges privileges revoked for reporting safety violations (N.Y. Sup. Ct. App. Div.), 235

– On-call

– – Removal from list, documents not protected by peer review privilege (Ohio Ct. App.), 41
– – Schedule change appeal fails, privileges not renewed (9th Cir.), 776

– Peer review issues

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– Preliminary injunction blocking limit on cardiologists' privileges, notice of appeal (S.D. Tex.), 417; declaratory judgment suit seeking injunction dismissed, 1018
– Quality assurance review basis for non-renewal of privileges, Asian-Indian physician's bias claim fails (3d Cir.), 1710
– Reappointment denied based on waiting period, injunction restores privileges (Cal. Ct. App.), 347
– Refusal to record patients' prescription histories, permanent probation (Mich. Ct. App.), 104
– Sexual harassment complaints against physician, penalties in past cases (W.D. Pa.), 527
– State-run hospital denial of reappointment application reasonable (Cal. Ct. App.), 311
– Surgeon with hand tremor, federal bias and retaliation claims proceed despite state peer review proceedings (E.D. Cal.), 507
– Telemedicine, credentialing of providers, CMS proposes streamlining rules, 754; responses of attorneys and stakeholders, 927; expansion to nonhospital-based providers urged in comments, 1159
– Temporary suspension after investigation and hearing upheld, no bylaws violation (N.J. Super. Ct. App. Div.), 752
– Tennessee

– – Revocation for failure to maintain malpractice insurance as required by hospital bylaws (Tenn. Ct. App.), 217
– – State action doctrine bars antitrust claims against public hospital for suspension of privileges (6th Cir.), 1632

– Trauma surgeon, claims related to alleged altercation and on-call schedule removal, 2 cases (D. Nev.), 1328
– Wiretap Act, recorded conversation between coworkers, jury trial on whether intentional (7th Cir.), 1291

STANDING

– Abortion, nurse's Church Amendment claim for refusal to participate, no private right of action (2d Cir.), 1637
– Anticoagulant maker, antitrust suit by competitor's exclusive distributor (D.N.J.), 1161
– Assignability of personal injury claims, hospital may not sue third party or intervene in motor vehicle accident case (Alaska), 319
– Assignment of benefits, emergency care facility may sue insurers for treatments (S.D. Tex.), 278
– BCBS, Duract pain relief drug third-party payers suit (Ala.), 144
– Diabetes drug, direct purchasers challenging patent may pursue monopolization claim (U.S., rev den), 897
– ERISA, trade association lacks standing (11th Cir.), 28
– General taxpayer exception, challenge to HITECH dismissed (S.D.N.Y.), 746
– HMO charging copayment and coinsurance for single service, member may pursue damages and disgorgement (W.D. Mo.), 1490
– Ind., Medicaid transportation reimbursement, suit by recipients (Ind.), 1283
– Intermediaries, orthopedic devices distributor's antitrust suit against manufacturers dismissed (3d Cir.), 798
– Judicial estoppel bars retaliation claim, but former hospital worker had standing to sue (D.C. Cir.), 800
– Liberty Univ., challenge to PPACA mandatory coverage (W.D. Va.), 1641
– Medicaid Act, no private right of action to recover adjustments wrongfully collected from estate of recipient (D.C.), 940
– Medicaid rebate agreements, private right of action, rule allowing federally funded medical clinics to enforce “ceiling prices” on drugs (U.S., rev grant), 1355
– Medicare Act, individual physician's suit against hospital for violations, no private right of action (S.D. Ohio), 944
– MSP, qui tam action against cigarette manufacturer, advocacy groups and Medicare beneficiary lack standing (2d Cir.), 1436
– Physicians' group may sue Tex. medical board for alleged constitutional violations (5th Cir.), 1718
– PPACA

– – Christian legal organization challenge of insurance mandate (S.D. Cal.), 1276; (U.S., rev den), 1553
– – Neither private individual nor doctor nor group of physicians may sue (D.N.J.), 1743

– State regulatory authority no bar to Los Angeles city attorney's claims against health plans and insurers (Cal. Ct. App.), 99
– Stillborn infant, dismissal of wrongful death and malpractice claims improper (Ind. Ct. App.), 1111

STARK LAWS

See generally SELF-REFERRALS

STATE AND LOCAL GOVERNMENT

See also specific states
– Abortion issues

See ABORTION

– Counties as persons, Part B fee schedule, failure to revise, Cal. counties may pursue claims (9th Cir.), 1435
– Effect of health care reform on state budgets, House GOP leaders seek information, 1427
– Insurance scams, Sebelius urges states to take action, 498
– “Itinerant” doctors ordinance, threat to privacy of patient information (N.D. Ind.), 1169
– Medicaid

See MEDICAID

– Public hospitals

See PUBLIC HOSPITALS

– San Francisco fair share laws

See ERISA

– Sovereign immunity

See SOVEREIGN IMMUNITY

STATE AND LOCAL GOVERNMENT EMPLOYEES

– Cal. Public Employment Relations Board has exclusive authority over county hospital's complaint against union (Cal. Ct. App.), 32
– First Amendment, fired physician public employee but not speaking about public concern (N.D. Ill.), 1420
– N.Y., public employee health insurance plan, providers reimburse state for inflated billings, 274

STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)

See CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP)

STATUTES OF LIMITATIONS

– Cal., one-year professional negligence time bar applies to fall claim against hospital (Cal. Ct. App.), 915
– DSHs, erroneous payment determinations, equitable tolling claims fail (D.D.C.), 348
– FCA, attorney accused of false certification, notice of intention to dismiss as time-barred (S.D. Fla.), 496; dismissed, 597
– Ga., lack of extension of time for incompetent persons to file malpractice claims not unconstitutional (11th Cir.), 315
– Ind., malpractice claim continuation of timely negligence suit (Ind.), 1289
– Ky., fact question about stent placement discovery date (6th Cir.), 218
– N.H., medical board's listing of resident's temporary training license as disciplinary action (1st Cir.), 750
– N.D., failure to warn of Down syndrome, wrongful birth claim time-barred (N.D.), 1755
– Plan administrator's failure to provide written notice of claim denial (5th Cir.), 1212
– Securities fraud, Merck & Co. investors' suit alleging Vioxx misrepresentations timely (U.S., judg), 663
– Tenn., collection agency overpayment recovery from physicians time-barred (Tenn. Cir. Ct.), 982; settlement, 1748
– Tex., discovery of surgical sponge (Tex.), 375

STATUTES OF REPOSE

– Ill., hospital's indemnity claim against physicians time-barred (Ill. App. Ct.), 391
– Tex., surgical sponge cases (Tex.), 375

STERILIZATION

See DISINFECTION

SUBPOENAS

See also SEARCH AND SEIZURE
– Administrative, search of chiropractor's office, state board official not liable (10th Cir.), 721
– Generic drug company executive, first-filer rights (D.D.C.), 1738
– Grand jury, claims against hospital for disclosure of medical records allowed (N.D. Ohio), 215
– Injuries to child, records of state social services agency (D. Md.), 659

SUBROGATION

– Attorneys' fees, Ill. hospitals must pay share of fees incurred by patients to satisfy statutory liens (Ill. App. Ct.), 393
– Enforcement of liens where beneficiary not “made whole” (D. Or.), 457
– Fla. statute requiring insurer to share in costs of obtaining settlement trumps policy provision (Fla. Dist. Ct.), 680
– Medicaid contractors not obliged to seek reimbursement in medical malpractice cases before obtaining federal reimbursement (8th Cir.), 1095
– N.Y., anti-subrogation law challenge dismissed (W.D.N.Y.), 1320
– N.C., state authority to collect up to one-third of third party settlement upheld (W.D.N.C.), 941
– N.D. Medicaid recipients may reclaim some third-party benefits from state (D.N.D.), 35
– Okla. Medicaid lien, recalculation of amount agency recovers from settlement (10th Cir.), 875
– Pa., settlement for injuries to minor child to satisfy Medicaid lien (Pa.), 75
– Tenn., medical benefits paid by insurer not subject to hospital liens (Tenn.), 1464

SUBSTANCE ABUSE

– Absolute impairment defense does not bar malpractice suit that arose out of treatment for snowmobile injury while drunk (Mich. Ct. App.), 1713
– Alcohol dependency treatment facility, no duty to protect voluntary inpatient from sexual misconduct by nurse (Wash. Ct. App.), 43
– Alcohol-related absenteeism, discipline of nurse based on indirect threat of patient harm (Mo. Ct. App.), 1029
– Cal., physician suspended for allegedly distributing pain medication illegally, claims rejected (N.D. Cal.), 1493
– Chemically impaired physician, patient's evidence sufficient to raise issue of hospital negligence in retention (Ohio Ct. App.), 880
– Death of patient due to controlled substance, drug enforcement records admissible in proceeding against physician (Ky. Ct. App.), 1562
– Fla., new law to eliminate illegal “pill mills” (N.D. Fla.), 1396
– Health IT incentives, extension

See LEGISLATION, FEDERAL, HR 5025

– Me. medical licensing board disciplinary proceedings, federal court authority (D. Me.), 1029
– Marijuana, medicinal use

See MARIJUANA, MEDICINAL USE

– Medical necessity of inpatient treatment, BCBS of Mass. refusal to pay upheld (D. Mass.), 278
– Methadone dosage alleged cause of vehicle accident, N.H. medical injury screening requirement, third-party claims (N.H.), 1360
– Temple Univ. Health Sys., controlled substances plan, 1517
– Urine drug tests not covered by Medicaid, clinical laboratory agrees to pay Mass., 237
– Wis., new law requires parity for group health policies, 651

SUICIDE

– Doctor-assisted

See ASSISTED SUICIDE

SUPPLEMENTAL COVERAGE

See MEDIGAP

SUPREME COURT, U.S.

– Abortion, Mass. buffer zone law (rev den), 423
– Abstention doctrine, suit by physician against territorial licensing board (rev sought), 571; (rev den), 838
– ADA, threats to kill coworkers alleged, anesthesiologist's discrimination claim (rev den), 66
– ADEA, overtime refusal, nondiscriminatory reasons for nursing home refusal to rehire nurse's aides (rev sought), 1307; (rev den), 1380
– Antitrust

– – Cardiologists' restraint of trade suit against general hospital (rev den), 897
– – Desmopressin acetate tablets, direct purchasers challenging patent have standing to pursue monopolization claim (U.S., rev den), 897
– – Impact of concerted action decision on hospital joint ventures (judg rvs), 765; effect on post-reform collaboration, BNA Insights, 1041

– Class actions

– – Federal rule overrides N.Y. state law blocking “penalties” cases (judg rvs), 499
– – Mass., AstraZeneca average wholesale prices, aggregate damages award (rev sought), 1307; dismissed, 1379

– Disciplinary actions

– – Appropriateness of sanction based on substandard care for surgical patients (rev sought), 74; (rev den), 280
– – Off-label use of biofeedback machine, sanction of physician (rev sought), 74; (rev den), 280

– Discrimination, “cat's paw” liability theory application to parent company or temporary agency (rev sought), 1307; (rev den), 1380
– Due process, chiropractor, “excessive treatment” discipline by licensing board (rev den), 1659
– 11th Amendment

– – Protection and Advocacy for Individuals with Mental Illness Act suit seeking access to state agency mental health records (rev sought), 1108
– – State agency barred from seeking medical records of mentally ill individuals who died at state treatment facility (rev grant), 878; cases pending as new term begins, 1307

– EMTALA application to inpatients briefing, suit by estate of woman murdered by discharged husband (interim order), 150; (rev den), 912
– ERISA

– – Deferential review not barred by “single honest mistake” (judg rvs), 600
– – Discretionary clauses barred by state insurance commissioner (rev sought), 229; review of filings, 602; (rev den), 717
– – “Likely harmed,” failings of summary plan description, plan liability (U.S., rev grant), 1307; (amicus briefs filed), 1520; (oral arg), 1649

– Fair share laws, San Francisco ordinance requiring employee health care expenditures by local business, Solicitor General urges denial of review (brief filed), 771; (response brief filed), 832; (rev den), 901
– False claims

– – Disclosures made in state and local forums (judg), 447
– – FOIA documents do not automatically bar qui tam action (amicus brief filed), 1695
– – Marinol, dismissal upheld, failure to identify claim linked to off-label marketing (rev den), 866
– – Original source in tagalong case (rev sought), 59; Solicitor General input requested, 272; (rev den), 865
– – Pleading, dismissal for lack of particularity (rev sought), 1483
– – Release in employment separation agreement bars qui tam relator (rev sought), 1274; cases pending as new term begins, 1307; (rev den), 1421
– – Time for appeal, retroactive application of decision (rev den), 1381

– Federal Employees Health Benefits Act, state law preemption suit dismissed (notice), 307
– Federal Nursing Home Reform Amendments, private right of action (opposition brief filed), 146; (rev den), 281
– FICA taxes, stipends paid to medical residents working more than 40 hours per week subject to employment taxes, AHA urges review (amicus brief), 291; (rev grant), 783; (amicus brief filed), 1187; cases pending as new term begins, 1307; (oral arg), 1545
– Generic drugs, pay-for-delay, CVS, Rite Aid, and other purchasers call reverse payments anticompetitive (rev sought), 1737
– HCQIA immunity

– – Cardio-thoracic surgeon suspended prior to hearing (rev den), 105
– – Jury trial sought by OB/GYN, committee members entitled to immunity (rev sought), 1468; (rev den), 1663
– – Refusal of medical school director to provide peer review information to another hospital (rev den), 79

– Health cases, 2010 term begins, 1307
– HIPAA, ex parte interviews with treating physicians (rev sought), 1509
– Honest-services fraud limited to bribery and kickbacks, 3 cases (judg), 899
– Kagan nomination, health care “blank slate,” 675
– Medicaid

– – Ariz., Medicaid managed care cuts (rev sought), 1307
– – Injunctions bar Medi-Cal reimbursement rate cuts, 2 cases (rev sought), 343; solicitor general input requested, 751; Medicaid provider groups oppose review, 1176; cases pending at beginning of new term, 1307
– – Medi-Cal reimbursement rate cuts, preliminary injunction for pharmacists (rev sought), 573; cases pending at beginning of new term, 1307
– – Noncontract hospitals, injunction bars rate Medi-Cal cuts (rev sought), 1282; cases pending at beginning of new term, 1307
– – Rebate agreements, private right of action, rule allowing federally funded medical clinics to enforce “ceiling prices” on drugs (rev grant), 1355

– Medicare claims records, nonprofit consumer magazine may not obtain documents (rev den), 574
– Patient Protection and Affordable Care Act

– – Denial of injunction to bar implementation (mandamus denied), 868
– – Standing of Christian legal organization to challenge insurance mandate (rev den), 1553

– Peer review malice standard of proof (rev den), 286
– Rehabilitation Act, independent contractors, anesthesiologist terminated due to sickle cell anemia, claim allowed (rev den), 864
– RICO, Ohio prompt payment law preempts providers' claims (rev sought), 983; cases pending at beginning of new term, 1307; (rev den), 1385
– Securities fraud

– – Statute of limitations, Merck & Co. investors' suit alleging Vioxx misrepresentations timely (judg), 663
– – Zicam Cold Remedy adverse events, failure to disclose statistically insignificant data, industry groups support maker (amicus briefs filed), 1296

– USERRA, firing allegedly due to U.S. Army Reserve membership, cat's paw liability (rev grant), 562; trial lawyers group may file amicus brief, 1165; cases pending as new term begins, 1307; (oral arg), 1511

SURGICAL SERVICES

– Bone cement maker's monopolization claims against Medtronic fails (N.D. Cal.), 1587
– Botched facelift allegations, defamation and trade disparagement claims, summary judgment for surgeon (S.D. Ind.), 1219
– Cardio-thoracic surgeon suspended prior to HCQIA hearing (U.S., rev den), 105
– Constructive discharge of surgeons not shown, locker search reasonable (10th Cir.), 910
– “Facility fee” for use of surgical suite associated with physician's office, excluded by health plans (D.N.J.), 1213
– Fired female trauma surgeon's claims may proceed (S.D. Fla.), 172
– Informed consent

See INFORMED CONSENT

– “Internal affairs” doctrine, orthopedic surgeons groups not entitled to dismissal (E.D. Pa.), 1605
– Intervention by government in qui tam suit alleging medically substandard and unnecessary services by staff surgeon (S.D. Ga.), 495
– Kyphoplasty, Medicare overcharging, hospitals settle FCA claims, 712
– Neurosurgeon's loss of staff privileges, no federal racial bias right of action against private nonemployer hospital (11th Cir.), 283
– PATH, unsupervised surgeries at Rush Univ. Med. Center alleged, qui tam suit dismissed (N.D. Ill.), 1550
– Pa. orthopedic surgical practice agrees to provide interpreters for hearing impaired patients, 285
– Recruiting agreement, suit seeking loan repayment from neurosurgeon belongs in state court (E.D. Cal.), 188; rehearing to clarify ruling, 693
– Surgical assistants company may pursue some claims against health benefit plan administrators (S.D. Tex.), 276
– Trauma surgeon, claims related to disciplinary actions for alleged altercation and on-call schedule removal, 2 cases (D. Nev.), 1328
– Vicarious liability suit against hospital even though case against physicians barred (Tenn.), 1495
– Wrong-side, memorandum from one hospital employee to another discussing orthopedist's conduct privileged (Pa. Super. Ct.), 1179

SWINE FLU

See H1N1 VIRUS