AHLA Health Lawyers Weekly, Nov. 30

Some interesting stuff in the Health Lawyers Weekly this time around:

Top Stories

• OIG Takes Back Power To Investigate Employee Criminal Conduct From FDA -- The Department of Health and Human Services Office of Inspector General (OIG) will no longer share responsibility with the Food and Drug Administration (FDA) for investigating potential criminal misconduct by FDA employees, Inspector General Daniel Levinson said in a September letter to FDA Commissioner Andrew C. von Eschenbach. Full Story


• CMS Releases List Of 54 Worst Performing Nursing Homes -- The Centers for Medicare and Medicaid Services (CMS) has released the first ever list of the nation's 54 poorest performing nursing homes, the agency said in a November 29 press release. Full Story

Articles & Analyses

• Illinois Hospitals Face Conflicting Requirements Regarding Nurse Staffing, by Janice A. Anderson and Anne M. Cooper, Foley & Lardner LLP

Current Topics

• Antitrust
  [1] AHA Presses DOJ To Block Health Plan Merger
  [2] FTC Reaches Settlement With Barr Involving Oral Contraceptive Drug


• Arbitration/Mediation
  California Appeals Court Finds Nursing Home Arbitration Agreements Invalid


• Criminal Law
  Prominent Plaintiffs’ Attorney Indicted For Attempting To Bribe Judge


• EMTALA
  U.S. Court In Indiana Finds Plaintiff Alleging EMTALA Violations Cannot Amend Complaint To Seek Damages Under § 1983


• Fraud and Abuse
  Michigan Appeals Court Reverses Dismissal, Remands Medicaid Fraud Case For Trial


• Update


• Healthcare Access
  [1] CMS Approves Wisconsin’s Plan To Expand Eligibility For Its SCHIP Program
  [2] Hospitals Face Increasing Challenges In Obtaining Emergency On-Call Coverage From Specialists, Study Says


• Hospitals and Health Systems
  Florida Appeals Court Upholds State Agency’s Decisions Allowing Hospitals To Recover Payments From Workers’ Compensation Carriers


• Managed Care
  [1] Health Net Fined $1 Million For Failing To Disclose Compensation Based On Plan Rescission
  [2] NY Physician Ranking Model To Become State Law


• Medicaid
  U.S. Court In Delaware Holds State’s Residency Requirement For Medicaid
  Eligibility Violated Constitutional Right To Travel


• Medical Malpractice
  [1] Washington Appeals Court Holds Malpractice Plaintiff May Not Rest Informed Consent Claim On Evidence Of Physician’s Inexperience
  [2] Georgia Appeals Court Finds No Right To Indemnity Where Liability To Pay Judgment Not Compulsory
  [3] Florida Appeals Court Finds Medical Malpractice Plaintiff Presented Sufficient Expert Testimony To Proceed To Trial
  [4] Iowa Appeals Court Remands Medical Malpractice Case For New Trial, Finding Abuse of Discretion In Lower Court’s Rulings


• Medicare
  [1] Lawsuit Seeks Medicare Part D Coverage Of Drugs For Medically Necessary Off-Label Uses
  [2] Medicare Continues To Reduce Improper Claims Payments, CMS Says
  Eighth Circuit Rejects MSP Action By Individual Claiming Standing As Qui Tam Relator
  [3] CMS Issues Report To Congress On Medicare Hospital Value-Based Purchasing


• News in Brief
  GlaxoSmithKline Agrees To $1.4 Million Settlement With Texas


• Patient Safety
  Massachusetts Hospitals Will Not Charge For Adverse Events


• Physicians
  [1] Washington Appeals Court Affirms Sanctions Against Physician For Unprofessional Conduct
  [2] U.S. Court In Washington Finds Hospital Did Not Violate Physician’s Civil Rights In Denying Application For Privileges

(c) 2007, American Health Lawyers Association. Reprinted by permission.