California Lawyers Association

Business Law Health Law Committee

Updates from the BLS Health Law Committee

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
District courts lack jurisdiction to award a Medicare provider injunctive relief until administrative remedies are exhausted. Read more
Dr. Peter Redko designated Dr. Thomas Chang as his standard of care expert witness in a disciplinary proceeding before the Podiatric Medical Board. Read more
Medical staff credentialing recommendations cannot support a physician’s action against a hospital, a separate legal entity. Read more
The Patient Protection and Affordable Care Act (ACA) requires employers to provide women with “preventive care and screenings” without cost sharing, and requires the Heath Resources and Services Administration (HRSA) to issue comprehensive guidelines defining such services. These requirements have been the subject of continuous litigation. Read more

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