Business Law Health Law Committee

Nurse anesthetist not competent to provide expert opinion on neurosurgical treatment decisions. Read more

The MICRA collateral source statute does not bar CalSTRS from recovering disability payments from its member who settled her medical malpractice lawsuit without notice to CalSTRS. Read more

Regional centers have no duty to protect consumers from sexual assault by contractors’ employees absent knowledge of their dangerous propensities. Read more

ERISA preempts out-of-network provider’s state-law reimbursement claims against health plan administrator Read more

Hospitals must count “bed holds” in subacute section as “patient days” when determining Medi-Cal reimbursement. Read more

Medical screening business can be liable (as an employer’s agent) for FEHA violations. Read more

Hospital’s failure to provide pretreatment disclosure of emergency medical evaluation fees beyond what is required by statute is not actionable. Read more

Health plan’s duty to transport conservatee to psychiatric facility for assessment and evaluation is triggered by an authorized professional’s custodial determination, not by the conservator’s demand. Read more

Personal representative could not compel production of a minor’s medical records without proving they were withheld in bad faith. Read more

State-law tort and statutory claims against health insurer are expressly preempted by Medicare Part C.  Read more