California Lawyers Association

Business Law Health Law Committee

Updates from the BLS Health Law Committee

California’s In-Home Support Services (IHSS) program uses Medicaid funding to provide assistance with daily activities to elderly and disabled beneficiaries, often by family members. Read more
HHS may not vary Medicare prescription drug reimbursement rates by hospital group unless it surveys hospital acquisition costs. Read more
Medicare’s Secondary Payer statute, 42 U.S.C. § 1395y(b), makes Medicare a “secondary” payer for certain medical services when an individual’s insurance plan also provides coverage. Read more
State-law formula for allocating tort settlement funds between past and future medical expenses not preempted by the Medicaid Act. Read more
Daniel C. was born with severe disabilities after his congenital abnormalities were not detected during his mother’s pregnancy until after viability. The California Department of Health Care Services (DHCS) paid for his medical care through the Medi-Cal program. Read more
Gary Kline was implanted with an artificial hip joint manufactured by Zimmer, Inc. The surgery was unsuccessful. Kline underwent further procedures and therapy for the next eight years. He then sued Zimmer on a products defect theory. Read more
The Knox-Keene Act does not permit (and the Government Claims Act otherwise bars) unaffiliated hospitals from suing counties for emergency services reimbursements. Read more
In this presentation, Ms. Pickett will discuss the notable proposed changes to MICRA that would not only impact health care providers, but health care institutions. Read more
Megan Espinoza died of cardiac arrest during surgery with Dr. Carlos Chacon at Divino Plastic Surgery clinic. Her husband and children sued Divino, Chacon, and the assisting nurse for, among other things, medical malpractice, intentional misrepresentation, promissory fraud, and battery. Read more
Kasondra Torres filed a class action lawsuit against Hanford Community Hospital, seeking declaratory relief that the hospital’s nondisclosure of its intent to charge a $3,200 emergency room evaluation and management service (EMS) fee, in addition to fees for each treatment and service provided, violated the Consumer Legal Remedies Act (CLRA). Read more

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