Health Law Reporter Index-Summary

WAGES AND SALARIES

– After-acquired evidence basis for upholding suspension (E.D. Mich.), 185
– Antitrust, nurses' wage-fixing suits

– Back pay awards

– – Interest compounded daily (NLRB), 1491
– – Sexual harassment, medical clinic liable for actions of owner (5th Cir.), 21

– Boston-area hospital agree to pay to settle wage suit (D. Mass.), 838
– ERISA, no remedy in health care workers' suit for unpaid meal breaks (W.D. Pa.), 279
– Executive compensation

See EXECUTIVE COMPENSATION

– FICA taxes, medical residents' stipends

See GRADUATE MEDICAL EDUCATION (GME)

– Home health nurses' claims for on-call wait time minimum wage dismissed (E.D. Wis.), 491
– IRS levy to recover personal income taxes owed by independent physician, operator of primary care clinic liable for failure to honor (5th Cir.), 466
– North Star Health Sys. and Mich. Nurses Ass'n unfair labor practice settlement (NLRB), 605
– Nurse practitioners' pay bias claim based on PAs wage scale fails (Fed. Cir.), 20
– Overtime

See OVERTIME

– Pa., home nursing care company not “domestic services” provider, not exempt under state Minimum Wage Act (Pa.), 1657
– Reverse discrimination, trial judge error, disclosure of doctor's income harmless (4th Cir.), 1381
– Unemployment compensation owed pharmacy technician fired for excessive absences due to medical condition (Ind.), 803
– Wage-fixing conspiracy charges, amendment of class certification denied (N.D.N.Y.), 267; preliminary approval of settlement, 1454

WAIVERS

– Informed consent

See INFORMED CONSENT

– OxyContin marketing qui tam suit, release by former sales manager (4th Cir.), 449; (U.S., rev sought), 1274; cases pending as new term begins, 1307; (rev den), 1421

WASHINGTON

– Alcohol dependency treatment facility, no duty to protect voluntary inpatient from sexual misconduct by nurse (Wash. Ct. App.), 43
– Allergic reaction to stents claim dismissed for lack of admissible scientific proof (Wash. Ct. App.), 316
– Antitrust, common law unfair competition claim not preempted by state consumer law (W.D. Wash.), 19
– Arbitration clauses, wrongful death claims of heirs not bound by agreement (Wash. Ct. App.), 741
– CON

– – Ambulatory surgery center, reasonable finding of need (Wash.), 1349
– – Limitation on number of hospitals that can perform elective angioplasty procedures upheld (E.D. Wash.), 799

– Corporate practice of medicine, employment of physical therapists by physicians' limited liability company no violation (Wash.), 422
– Deaf patients, hospital failure to provide sign language interpreter on 3 occasions (W.D. Wash.), 1712
– Ex parte communications, new trial only if prejudice to malpractice plaintiff shown (Wash.), 1787
– HCQIA

– – Committee members entitled to immunity, OB/GYN fails to present material fact issues (Wash. Ct. App.), 40; (U.S., rev sought), 1468; (rev den), 1663
– – Immunity for physicians involved in peer review (Wash. Ct. App.), 613

– Health care reform constitutionality challenge

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

– Medicaid

– – New hospital assessment to obtain more federal matching funds, 654
– – Pharmacies to stop filling prescriptions due to pay cuts, 149; Walgreen will not fill prescriptions for new Medicaid patients, 414
– – Reimbursement cuts, pharmacy groups appeal denial of preliminary injunction (9th Cir.), 571

– Nurses, inadequate rest breaks, Wash. State Nurses Ass'n sues hospitals, 4 cases (Wash. Super. Ct.), 1466
– Retaliation claims dismissed against state officials, no proof nursing home license suspended due to owner's protected speech (W.D. Wash.), 504
– Sanction of physician for off-label use of biofeedback machine (U.S., rev sought), 74; (rev den), 280
– Sexual harassment, state hospital employee gets substantial amount in settlement (Wash. Super. Ct.), 710
– Staff privileges, civil rights not violated by summary suspension and denial of reapplication (9th Cir.), 911
– Taxation, hospital not entitled to deduct Medicare and Medigap payments from business and occupation tax revenues (Wash. Ct. App.), 1609

WASHINGTON, D.C.

See DISTRICT OF COLUMBIA

WELLNESS CARE

See PREVENTIVE CARE

WEST VIRGINIA

– Johnson & Johnson, reversal of civil penalty for allegedly misleading communications to state health care providers about Duragesic and Risperdal (W. Va.), 1639

WHISTLEBLOWERS

– False claims

See generally FALSE CLAIMS

– Retaliation

See generally RETALIATION

WIRETAP ACT

– Recorded conversation between coworkers, jury trial on whether intentional (7th Cir.), 1291

WISCONSIN

– Cost of common procedures, health care providers must disclose, 394
– ERISA, SNF's state law claims against MA insurer not preempted (E.D. Wis.), 1651
– HIV infection, physician who refused surgery may be liable for bias (E.D. Wis.), 1072
– Medicaid

– – CAHs, new tax on small hospitals to increase reimbursement, 573
– – Drug price inflation, Boehringer Ingelheim settlement (Wis. Cir. Ct.), 598
– – Transfer of funds from medical malpractice fund (Wis.), 1030

– Medical board rules for licensing and certifying providers and other new laws, 751
– Mental health and substance abuse treatment, new law requires parity for group health policies, 651
– Property tax, freestanding clinic not exempt (Wis. Ct. App.), 1147
– Surrogate mothers, insurer exclusion of maternity coverage violates state law (Wis.), 1027

WITNESSES AND TESTIMONY

– Experts

See EXPERT WITNESSES

WOMEN'S HEALTH

– Abortion

See ABORTION

– Contraception

See CONTRACEPTION

– Negligent credentialing suit dismissal, settlement of medical malpractice suit against physician (Ohio Ct. App.), 1469
– OB/GYN services

– – Committee members entitled to immunity (Wash. Ct. App.), 40; (U.S., rev sought), 1468; (rev den), 1663
– – Doctor's RICO suit against hospital chief executive officer fails to allege elements of violation (W.D. Pa.), 1693
– – Endometrial ablation, possible future addition of nondiverse defendants does not bar removal (W.D. La.), 725
– – HCQIA

– – – External peer review, no privilege for adverse action without notice (D. Colo.), 1599
– – – Immunity for physicians involved in peer review (Wash. Ct. App.), 613

– – Peer review malice standard of proof (U.S., rev den), 286
– – Physician's statement she would not help another doctor's patients while on call may not justify termination (D. Md.), 318; motion to reconsider denied, 828
– – 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

– Pregnancy

See PREGNANCY AND CHILDBIRTH

– Pregnancy discrimination

See PREGNANCY DISCRIMINATION

– Privacy, breaches by Alaska Medicaid Fraud unit's seizure of women's clinic files and release of patient information alleged (Alaska Super. Ct.), 942
– Wrongful birth

See WRONGFUL BIRTH

WORKERS' COMPENSATION

– CVS Pharmacy Inc. agrees to pay Mass. cities and towns, drug overcharging alleged, 1275
– HIV blood testing of nonparties, data based on review of tests barred (Cal. Ct. App.), 1463
– Ind., new law prohibits delay in emergency care for work-related injuries, 414
– Louisiana

– – PPO rates lower, reimbursement schedule applicable (La. Ct. App.), 1361
– – Providers enjoined from seeking higher payments for services to claimants (5th Cir.), 1063

– Sherman Act, orthopedists' refusal to treat covered workers, settlement (D. Idaho), 768
– Tenn., disclosure for treatment purposes by physician no HIPAA violation (Tenn. Ct. App.), 382
– Tex., insurer must pay for chiropractic procedure (Tex. App.), 108

WRONGFUL BIRTH

– Failed sterilization procedure, comparative fault (N.M. Ct. App.), 461
– N.D., failure to warn of Down syndrome, wrongful birth claim time-barred, state law prohibits wrongful life claim (N.D.), 1755

WRONGFUL DEATH

– Arbitration clauses

– – Claims of heirs not bound (Wash. Ct. App.), 741
– – Patient's agreement binding on claimants (Cal.), 1233

– Death of fetus due to alleged failure to treat incompetent cervix, mother's claim allowed (Mich. Ct. App.), 1469
– Expert testimony on postoperative care by nurses (Tenn. Ct. App.), 1331
– Federal Nursing Home Reform Amendments, private right of action (opposition brief filed), 146; (rev den), 281
– Sedated dental procedures, inadequate warnings by suppliers of protocols and manuals alleged cause of death (E.D. Mo.), 1790
– Stillborn infant, dismissal of claims improper (Ind. Ct. App.), 1111
– Tennessee

– – Extraordinary cause for waiver of notice requirement (Tenn. Ct. App.), 951
– – Notice lacking for malpractice claims (Tenn. Ct. App.), 575

WRONGFUL DISCHARGE

– ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Constructive discharge of surgeons not shown, locker search reasonable (10th Cir.), 910
– Disabled persons

See AMERICANS WITH DISABILITIES ACT (ADA); DISABLED PERSONS; REHABILITATION ACT

– Ga. at-will employment law, race not shown as exception (11th Cir.), 1420
– National origin discrimination alleged

See NATIONAL ORIGIN DISCRIMINATION

– Physician's statement she would not help another doctor's patients while on call may not justify termination (D. Md.), 318; motion to reconsider denied, 828
– Pregnancy

See PREGNANCY DISCRIMINATION

– Racial discrimination alleged

See RACIAL OR ETHNIC DISCRIMINATION

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

See generally RETALIATION

– Sex discrimination alleged

See SEX DISCRIMINATION

– Sexual harassment of physical therapist by chiropractor, jury award upheld (8th Cir.), 1235
– Staff privileges

See generally STAFF PRIVILEGES

– Tenn., claims barred by state Human Rights Act (E.D. Tenn.), 1237

WYOMING

– Informed consent, physician lied about credentials (10th Cir.), 349
– Staff privileges, constructive discharge not shown, locker search reasonable (10th Cir.), 910