HEALTH LAW STANDING COMMITTEE â 2022 APPELLATE LITIGATION UPDATE
Written by H. Thomas Watson*
There were numerous, important appellate decisions regarding health law issues in 2022, including decisions by both the United States Supreme Court and the California Supreme Court. Following are summaries of the decisions by these high courts and the pending high court health law matters, as well as the holdings of intermediate appellate health law decisions by the Ninth Circuit and California court of appeals.
The appellate decisions are organized into the following seven categories: (1) Regulation of Healthcare; (2) Medi-Cal, Medicare, and Medicaid; (3) Peer Review and Discipline; (4) Professional Liability, Elder Abuse, FEHA, and MICRA; (5) Patient Rights, Privileges, and Privacy; (6) Arbitration; and (7) Fees, Costs, and Insurance. Within each category, federal cases precede state cases and Supreme Court decisions (which are summarized) precede intermediate appellate decisions (which include only the citation and holding), with cases then listed in reverse chronological order.
I. REGULATION OF HEALTHCARE