California Lawyers Association

Business Law Health Law Committee

Updates from the BLS Health Law Committee

Rehabilitation center that could reasonably foresee its patient’s suicide may not assert superseding cause defense to wrongful death claim. Read more
Peer review hearing officer is not automatically disqualified by the prospect of future engagements at the same hospital. Read more
County properly withheld COVID-19 outbreak locations from news organizations because disclosure would undermine contact tracing. Read more
A federally qualified health center’s community outreach expenses to increase utilization are not reimbursable under Medi-Cal. Read more
Physician assistant’s unsupervised liposuctions and “Director of Surgery” title misled patients and was unauthorized practice of medicine. Read more
States and individuals lacked standing to challenge Affordable Care Act’s individual mandate in an effort to strike down the Act. Read more
Medical records pertaining to substance abuse treatment are protected from discovery by the patients’ right to privacy. Read more
Doctrine of primary jurisdiction, not exhaustion of remedies, warrants staying litigation to obtain a decision on issues within an agency’s expertise. Read more
Dr. Willie Goffney is a surgical oncologist who has provided services to Medicare patients since 1991. In 2005, Dr. Goffney stopped receiving reimbursement payments for his Medicare claims, Read more
The California Medical Association (CMA) is a nonprofit, professional organization that advocates on behalf of its physician members, including Aetna in-network physicians. CMA sued Aetna under the Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200), seeking to enjoin it from inhibiting in-network physicians from referring their patients to out-of-network providers. The CMA alleged that Aetna’s policy unlawfully interfered with its members’ ability to exercise independent medical judgment and violated various California statutes. Read more

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