Health Law Reporter Index-Summary

TAKEOVERS

TAX-EXEMPT ORGANIZATIONS

TAXATION

– BCBS special deduction, IRS memorandum, 579
– Cal., providers of in-home support services subject to sales tax, new law, 1569
– Clinical drug trials, proper structure may make income exempt for AMC's, attorney says, 1687
– Deductibility of attorneys' expenses in contingency fee cases, AMA letter opposing change, 1297
– Deductibility of civil fraud settlement (D. Mass.), 954
– Employment taxes

– – Hospital failure to pay, co-owners and official of affiliate company jointly and severally liable (5th Cir.), 1719
– – PPACA, health professionals in underserved areas, IRS memo, 1757
– – “Responsible person,” hospital's failure to remit payroll taxes (W.D. Tex.), 1791

– FICA taxes

– – Exception allowed for pre-April 2005 claims, IRS, 319
– – Notifications to hospitals related to refund claims, IRS, 1188
– – Partial attorneys' fee award (8th Cir.), 1114
– – Stay pending Supreme Court ruling denied (Fed. Cl.), 1670
– – Stipends paid to medical residents working more than 40 hours per week (U.S., amicus brief), 291; (rev grant), 783; (amicus brief filed), 1187; cases pending as new term begins, 1307; (oral arg), 1545
– – Teaching hospitals, proving claims after IRS decision, 331
– – Time for teaching hospitals to review refund claims, BNA Insights, 1191

– For-profit insurer forced to defend use of charitable assets acquired in merger must treat costs as capital expenditures (7th Cir.), 465
– Form 990

– – Community benefit changes urged by AHA, 356
– – Good governance and risk management, 620
– – Hospitals urge IRS to approve consolidated reporting of community benefit activities, 1073
– – IRS clarifies and modifies for 2009, 301
– – Redesign and challenges discussed, 1189
– – Schedule H, questions optional for 2010, 1720

– Form 1099 reporting requirements repeal, Senate negotiations on fix, 1642
– Ga., provider revenue tax on hospitals to cover shortfall, 726
– Health care reform

– – Employer report on value of coverage on W-2, IRS update, 1148
– – Employment taxes, health professionals in underserved areas, IRS memo, 1757
– – Excise tax for exempt hospital that fails to satisfy community needs assessment requirement, 445
– – Guidance will address questions, IRS official says, 1720
– – IRS staffing, 565
– – Mandatory health insurance purchase, constitutionality, Congressional Research Serv. report, 1500
– – Proposals

See LEGISLATION, FEDERAL, HR 3590, HR 3962

– – Provena and new federal law, BNA Insights, 467
– – Treasury Dep't and IRS aware of hospitals' need for guidance, official says, 1671
– – Uncompensated care, reporting requirement, 621

– Ill. property tax, Provena Covena Medical Center not entitled to exemption (Ill.), 409
– IRS levy to recover personal income taxes owed by independent physician, operator of primary care clinic liable for failure to honor (5th Cir.), 466
– La., tax exemption for diagnostic devices (La. Ct. App.), 80
– Medical devices

– – Health reform

See LEGISLATION, FEDERAL, HR 4872

– – Repeal

See LEGISLATION, FEDERAL, HR 5615

– Neb., extension of sales-tax exemption for nonprofit hospitals vetoed, 577
– New Jersey

– – Hospital and ASC tax provisions amendment, 1031
– – Property taxes, part of off-campus facility qualifies for exemption (N.J. Super. Ct. App. Div.), 1296

– New York

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

– Ohio property tax, no exemption for dialysis facility, insufficient charitable institution proof (Ohio), 1479
– Okla. access fee on amount of claims paid by health insurers to help fund Medicaid (Okla.), 1216
– Outlook 2010, top health law issues, 5
– Pa., new hospital tax, 1032
– Tenn., net patient revenue tax on hospitals, 727
– Voluntary disclosure for hospitals, coordinator, 1439
– Washington

– – Hospital not entitled to deduct Medicare and Medigap payments from business and occupation tax revenues (Wash. Ct. App.), 1609
– – New hospital assessment to obtain more Medicaid matching funds, 654

– Wisconsin

– – New tax on CAHs to increase Medicaid reimbursement, 573
– – Property tax, freestanding clinic not exempt (Wis. Ct. App.), 1147

TEACHING HOSPITALS

– Chemically impaired physician, patient's evidence sufficient to raise issue of hospital negligence in retention (Ohio Ct. App.), 880
– Clinical drug trials, proper structure may make income exempt for AMC's, attorney says, 1687
– Damages cap applies to state university medical group not individual physician (Or. Ct. App.), 287
– Doctor's removal from chair position, no civil rights violation (5th Cir.), 1692
– Excessive hours complaint, bias claims of dismissed resident allowed (W.D. Va.), 865
– FICA taxes

See GRADUATE MEDICAL EDUCATION (GME)

– Intern discharged as unqualified, no ADA violation (4th Cir.), 378
– Ohio State Univ. Med. Center

– – African-American former nursing director failed to show bias in demotion and firing (6th Cir.), 1017
– – Legionnaires' disease from public drinking fountain (Ohio Ct. Cl.), 290

– PATH

See PHYSICIANS AT TEACHING HOSPITALS (PATH)

– Resident training costs reimbursement, failure to claim affiliated group status for full-time equivalents (N.D. Cal.), 1142
– Rush Univ. Med. Center agrees to pay, Stark Law allegations (N.D. Ill.), 336
– State Univ. of N.Y. at Stony Brook, fewer referrals and “inactive” clinical status for doctor, potential adverse action (2d Cir.), 1523
– Supremacy clause, refusal of medical school director to provide peer review information to another hospital (U.S., rev den), 79
– Temple Univ. Health Sys., controlled substances plan, 1517
– Univ. of Cal., RNs barred from striking (Cal. Super. Ct.), 838; injunction issued, 873
– Univ. of Colo., civil rights of patient, negligence claims against state-operated hospital fail (D. Colo.), 1289
– Univ. of Michigan

– – Medical errors disclosure, study finds fewer lawsuits, 1190
– – Whistleblower and civil rights laws do not protect physician who sent mass e-mail complaining about emergency room staff (Mich. Ct. App.), 1456

– Univ. of Pittsburgh

– – Agreement to promote access to services in community surrounding closed hospital, 1293
– – Antitrust suit by competitor against hospital and Highmark insurer (3d Cir.), 1631

– Univ. of So. Nev., trauma surgeon's claims related to disciplinary actions for alleged altercation and on-call schedule removal, 2 cases (D. Nev.), 1328
– Univ. of Texas

– – Dallas, immunity waiver fact questions, medical professor's retaliation claims (Tex. App.), 1059
– – San Antonio, irrevocable election, complications from gall bladder surgery (Tex. App.), 991

– Univ. of Utah Hospitals agree to provide equal access to patients with hearing, vision, and speech disabilities, 217
– Vanderbilt Univ. Med. Center, claims against state officials for failure to pay for disabled Medicaid recipient or provide discharge options (M.D. Tenn.), 1597

TELEMEDICINE

– Credentialing of providers, CMS proposes streamlining rules, 754; responses of attorneys and stakeholders, 927; expansion to nonhospital-based providers urged in comments, 1159
– Standards, Joint Commission, CMS delays requirement to implement, 817
– Va., new law requires HMOs and health insurers to cover, 503

TEMPORARY EMPLOYEES

– Ariz. hospital nurses' registry wage suit settlement (D. Ariz.), 1377
– “Cat's paw” liability theory application to temporary agency, LPN alleging racial bias by supervisors (11th Cir.), 563; (U.S., rev sought), 1307; (rev den), 1380
– Common business interest qualified privilege applies to slanderous remarks hospital staff made to staffing agency about temporary physician (Ky.), 1256
– Overtime, staffing agency failure to pay, class certification denied (E.D. Pa.), 244
– Staffing services general contractor liable for negligence of nurse employed by subcontractor (D.N.H.), 220

TENANTS

See LANDLORDS AND TENANTS

TENNESSEE

– Abortion, health exchange plans must exclude coverage, new law, 695
– Appeals process for denial of health insurance claims among new laws, 773; correction, 812
– Arbitration, nursing home agreement unfair (Tenn. Ct. App.), 639
– At-will employees, fired nurse's discrimination claims fail (Tenn. Ct. App.), 379
– Autism applied behavior analysis therapy coverage, class certification denied (E.D. Tenn.), 277
– CIAs, disclosure of reports prepared by hospital to demonstrate compliance with Medicare and Medicaid (Tenn. Ct. App.), 1516
– Closing arguments, display of unofficial trial transcript of expert testimony (Tenn. Ct. App.), 1113
– Comparative fault claims against nursing home (Tenn.), 101
– CON, draft standards for home health services, comments sought, 1455
– Concealment of medical condition alleged, expert testimony shows sufficient factual dispute (Tenn. Ct. App.), 508
– Conditions at state home for involuntarily committed mentally ill patients, motion to vacate orders (6th Cir.), 1142
– Ex parte interviews with treating physicians (Tenn. Ct. App.), 1037
– Health reform, freedom-of-choice bills, attorney general opinion on preemption, 531
– HIPAA

– – Disclosure for treatment purposes by physician no violation (Tenn. Ct. App.), 382
– – Nurse's retaliatory discharge claim may proceed (Tenn. Ct. App.), 1773

– HIV status of pharmacy technician disclosed by coworkers with access to Walgreens prescription database (Tenn. Ct. App.), 1703
– Hospital duty of reasonable care to patients, direct liability possible (Tenn.), 1494; rehearing denied, 1754
– Medical benefits paid by insurer not subject to hospital liens (Tenn.), 1464
– Mergers, notice requirement for public hospital subsidiaries, 576
– Noncompete agreements

– – Arbitration required (Tenn. Ct. App.), 1332
– – New law, extension, 661

– Noneconomic damages

– – Liability protections, retroactive application unconstitutional (Tenn.), 914
– – State law prohibits lawyers from suggesting monetary values, medical group brief (Tenn.), 509

– Notice

– – Extraordinary cause for waiver (Tenn. Ct. App.), 951
– – Lacking, wrongful death malpractice claims (Tenn. Ct. App.), 575

– Nurse practitioner authority to prescribe medications, attorney general opinion, 355
– Orthotists, professional device fitters not subject to medical malpractice claims (E.D. Tenn.), 289
– Peer review privilege

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

– Physician assistant oversight, negligence claim against doctor (Tenn. Ct. App.), 44
– Pre-existing conditions, diverticulitis specifically excluded by rider (Tenn. Ct. App.), 1214
– Privileges revocation, failure to maintain malpractice insurance as required by bylaws (Tenn. Ct. App.), 217
– Res ipsa loquitur and common sense understanding, surgical sponge left in patient, expert proof not required for negligence suit (Tenn. Ct. App.), 1220
– Sexual harassment reporting retaliation claim of researcher excluded from grants (6th Cir.), 171
– Standards of care different for physicians and physician assistants (Tenn.), 914
– Statutes of limitations, collections agency overpayment recovery from physicians time-barred (Tenn. Cir. Ct.), 982; settlement, 1748
– Sterilization, expert testimony inadequate to support summary judgment (Tenn. Ct. App.), 353
– Stroke registry act bars disclosure of hospital identity, state attorney general, 647
– TennCare

– – Early periodic screening, diagnosis, and treatment of Medicaid-eligible children, injunction modified (6th Cir.), 1708
– – Hospital claims against state officials for failure to pay for disabled recipient (M.D. Tenn.), 1597
– – Malpractice damages, claimants may recover amounts paid or payable including Medicaid reimbursements (W.D. Tenn.), 1528
– – Net patient revenue tax on hospitals, 727
– – Overpayments alleged, whistleblower claim of former ambulance company employee (W.D. Mich.), 94

– Unreliability of expert ruling erroneous (Tenn. Ct. App.), 1037
– Vicarious liability suit against hospital even though case against physicians barred (Tenn.), 1495
– Wrongful death, expert testimony on postoperative care by nurses (Tenn. Ct. App.), 1331
– Wrongful discharge and negligence per se claims barred by state Human Rights Act (E.D. Tenn.), 1237

TENTH AMENDMENT

– Health care reform constitutionality challenge

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

TERMINAL ILLNESS

See CHRONIC AND TERMINAL ILLNESS

TERMINATIONS

See EXCLUSIONS AND TERMINATIONS

TESTIMONY AND WITNESSES

– Experts

See EXPERT WITNESSES

TESTS AND SCREENING

– Adverse events screening, report, 357
– Background checks, CMS proposes enhanced procedures for high-risk providers, 1329
– Blood gas test interpretations allegedly not performed, Tex. hospital agrees to pay, 24
– EMTALA issues

See PATIENT DUMPING

– Genetic information, new Iowa nondiscrimination law, 604
– GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– La., tax exemption for diagnostic devices (La. Ct. App.), 80
– Medicare fraud, screening of providers and suppliers, IG testimony, 1352
– Minn., newborn blood samples for DNA screening, genetic privacy claims (Minn. Ct. App.), 1243
– Physician licensing exam, passing score must be set by state board (Cal. Ct. App.), 341
– Sleep-testing

– – Administrative sanctions possible under arrangement with hospital, advisory opinion, 1551
– – Provider arrangement with hospital, advisory opinion, 1272

– Tenn., early periodic screening, diagnosis, and treatment of Medicaid-eligible children, injunction modified (6th Cir.), 1708
– Unnecessary tests

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

– Urine drug tests not covered by Medicaid, Life Lab. agrees to pay Mass., 237

TEXAS

– Abortion

– – Detailed information requirement, prerecorded telephone message barred, Atty. Gen. opinion, 1365
– – RU-486, facility must be licensed same as surgical facility, Atty. Gen. opinion, 1365

– ADA, developmentally disabled, appropriate treatment class action filed (W.D. Tex.), 1785
– Arbitration, McCarran-Ferguson Act “reverse preempts” Federal Arbitration Act, clause lacking state notice provisions unenforceable (Tex. App.), 1547
– BCBS Ass'n not liable for claims reimbursement practices of state affiliate (S.D. Tex.), 1464; summary judgment denied both parties, 1489
– Boycott, physician group settles with Houston hospital (Tex. Dist. Ct.), 93; jury rejects claims of nonsettling doctors, 377
– Colon cancer treatment, causation expert opinion must be “medically superior” to support jury verdict (Tex.), 1716
– Corporate practice of medicine, illegal orthodontic practice management agreement, unenforceable (5th Cir.), 1529
– CVS Caremark, alleged mishandling of protected health information to injure independent retail pharmacies (S.D. Tex.), 1431
– Discretionary clauses barred in all insurance policies, 1706
– Doctor recruitment contract, arbitration award to hospital upheld (Tex. App.), 1451
– Employment taxes, “responsible person,” hospital's failure to remit payroll taxes (W.D. Tex.), 1791
– Expert reports

– – Attorneys' fees required when no timely filing of report (Tex.), 1254
– – Contract suit over medical care requires, attorneys fees owed (Tex. App.), 659
– – Hospital bed collapse caused injuries, report required (Tex.), 1251
– – Licensed prescription drug firm providing oxygen under doctor's prescription, report required (Tex. App.), 815
– – Reports can be read together to meet rule (Tex. App.), 1112
– – Sexual assault by doctor not health care claim, not required (Tex. App.), 816
– – Underlying claims not artful pleading determine whether case is health care liability suit (Tex. App.), 1715

– Felony charge against nurse for report to state medical board, acquittal (Tex. Dist. Ct.), 251
– First Amendment, law barring health care providers from contacting accident victims unconstitutional (W.D. Tex.), 463
– Gross negligence, summary judgment, appropriateness (Tex. App.), 1182
– Health care reform constitutionality challenge

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

– Intended for foreign use, not approved by FDA

– – Arthritis pain injections, labels in Turkish, doctor and clinic fined (Tex. Dist. Ct.), 1606
– – IUDs, state Atty. Gen. seeks injunction (Tex. Dist. Ct.), 1497

– Licensing

– – Constitutional violations alleged, physicians' group has standing to sue Tex. medical board (5th Cir.), 1718
– – Immunity, medical board members may not be sued in connection with revocation (E.D. Tex.), 1323
– – Medicare fraud prosecution, doctor not entitled to Medical Board investigation file (Tex. App.), 828
– – Suspension of medical license, civil suit does not block administrative action (Tex. App.), 684

– Medicaid

– – Drug pricing, Teva agrees to pay, 1022
– – No special authorization needed for payment to provider ordered by administrative law judge (Tex. App.), 908

– Negligent hiring allegedly led to theft from patient, no physical injury (Tex. App.), 1331
– Noncompete clauses, buyout opportunity required (Tex. App.), 992
– Noneconomic damages cap challenge based on federal constitutional rights (E.D. Tex.), 589
– Nurse misconduct, administration of Ativan without doctor's orders, negligent hiring, jury verdict (Tex. App.), 1145
– Nursing home supervisor's suspension not retaliation for reporting patient abuse (5th Cir.), 270
– Peer review malice standard of proof (U.S., rev den), 286
– Solvay off-label marketing alleged, documents from state-issued investigative demands, use by qui tam relators (S.D. Tex.), 1058
– Sovereign immunity

– – 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
– – Univ. of Tex. Southwestern Med. Center at Dallas, waiver fact questions, medical professor's retaliation claims (Tex. App.), 1059

– Statute of repose and foreign bodies, surgical sponge cases (Tex.), 375
– Test cheating dispute, fired workers failed to exhaust administrative remedies (5th Cir.), 528
– Tex. Dental Ass'n working conditions, illegal discharge, settlement (NLRB), 1028
– Workers' compensation insurer must pay for chiropractic procedure (Tex. App.), 108

TOBACCO INDUSTRY

– Smoking

See SMOKING

TORT REFORM

– N.H., medical injury screening requirement, third-party claims (N.H.), 1360
– Noneconomic damages caps

See DAMAGES

TORTS

– Assaults, health care tenants not liable for injury by third party (D. Mass.), 619
– Assignability of personal injury claims, hospital may not sue third party or intervene in motor vehicle accident case (Alaska), 319
– Battery, misplaced injection claim fails (Minn. Ct. App.), 616
– Cal. Strategic Lawsuit against Public Participation Law does not bar slander and other claims against physician (Cal. Ct. App.), 252
– Community health clinic volunteers, tort claims protections

See LEGISLATION, FEDERAL, HR 1745

– Comparative fault claims against nursing home (Tenn.), 101
– Comparative negligence, patient who drove home from hospital knew of drug's effects (Fla. Dist. Ct.), 1566
– Contributory negligence

– – Absolute impairment defense does not bar malpractice suit that arose out of treatment for snowmobile injury while drunk (Mich. Ct. App.), 1713
– – Injury of child, records of state social services agency must be produced (D. Md.), 659

– Defamation

See DEFAMATION

– Failure to supervise, ordinary negligence not medical malpractice, no expert testimony required (N.C.), 543
– False light suit against author and publisher for article about Hurricane Katrina events fails (E.D. La.), 354
– Federal Tort Claims Act, VA hospital security measures matter of agency discretion (D.P.R.), 306
– HCQIA immunity

See HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)

– Hiring negligence allegedly led to theft from patient, no physical injury (Tex. App.), 1331
– Hospital bed collapse caused injuries, expert report required (Tex.), 1251
– Hospital duty of reasonable care to patients, direct liability possible (Tenn.), 1494; rehearing denied, 1754
– Intentional emotional distress EMTALA claim, refusal to enter emergency room (N.D. Cal.), 1034
– Libel, union postcard claim hospital linens dirty, proof of malice required (Cal. Ct. App.), 1064
– Negligence per se

– – Claims based on underlying EMTALA violation (N.D. Cal.), 459
– – Tenn. Human Rights Act bars claims (E.D. Tenn.), 1237

– Negligent credentialing

– – Dismissed due to settlement of medical malpractice suit against physician (Ohio Ct. App.), 1469
– – Malpractice claim requires medical review panel (La. Ct. App.), 286
– – Md., cause of action (D. Md.), 1180
– – Nurse misconduct, administration of Ativan without doctor's orders, jury verdict (Tex. App.), 1145
– – Valid cause of action (Utah), 724

– Negligent spoliation by third party not recognized (Ariz.), 690
– Nev., pharmacy owes no duty to third parties for misuse of prescription drugs (Nev.), 107
– Peer review immunity

See PEER REVIEW AND PEER REVIEW ORGANIZATIONS (PROs)

– Res ipsa loquitur

See CAUSATION

– Retention of chemically impaired physician, patient's evidence sufficient to raise issue of hospital negligence (Ohio Ct. App.), 880
– Sexual assault by doctor not health care claim, no expert report required (Tex. App.), 816
– Slander, common business interest qualified privilege applies to remarks hospital staff made to staffing agency about temporary physician (Ky.), 1256
– Slip and fall case, collateral source rule no bar to proof of hospital treatment write-offs (Kan.), 814
– Statutes of limitations

See STATUTES OF LIMITATIONS

– Statutes of repose

See STATUTES OF REPOSE

– Sterilization, expert testimony inadequate to support summary judgment (Tenn. Ct. App.), 353
– Subrogation issues

See SUBROGATION

– Vicarious liability of hospitals

See HOSPITALS

TRADE SECRETS

– Software developer took source code, hospital's ownership must be decided by jury (D. Minn.), 421

TRADEMARKS

– Foreign medical school's request for injunction to stop former student from posting allegedly defamatory material on website (E.D. Mich.), 1790
– Infringement through botched facelift allegations, summary judgment for surgeon (S.D. Ind.), 1219

TRAINING

See EDUCATION AND TRAINING

TRANSLATORS

See LANGUAGE REQUIREMENTS

TRANSPLANTS

See ORGAN TRANSPLANTS

TRANSPORTATION SERVICES

– Ambulances

See AMBULANCE SERVICES

– Cal., providers of in-home support services subject to sales tax, new law, 1569
– Ind., Medicaid transportation reimbursement, suit by recipients (Ind.), 1283

TREATMENT DECISIONS

– Assisted suicide

See ASSISTED SUICIDE

– Experimental treatments

See EXPERIMENTAL TREATMENTS

– N.Y., new surrogate health care decisionmaking process for incapacitated patients law, 388
– Pain management

See PAIN MANAGEMENT

TRICARE

– Drug no longer eligible for reimbursement, manufacturer settles FCA claims (D. Mass.), 274
– Federal Contract Compliance Programs Office jurisdiction

– – Regional health care provider networks, 1093
– – Subcontractor hospital (DOL OALJ), 1496

– Hospitals' claims against HMO providing services, class certification rejected (11th Cir.), 510
– Minimum standards under health care reform law

See LEGISLATION, FEDERAL, HR 4887

– Radiation oncology services qui tam case, clinic and physician agree to pay (M.D. Fla.), 451
– St. Louis-area pain clinic and billing company agree to pay, spinal decompression qui tam suit (E.D. Mo.), 336
– Unnecessary visits by physicians alleged, home health company agrees to pay, 24

TRUST FUNDS

– Medicare Part A trust fund extended by health reform law passage, 1177

TURKEY

– Intended for foreign use, arthritis pain injections, labels in Turkish, doctor and clinic fined (Tex. Dist. Ct.), 1606