Business Law Health Law Committee

Hospitals have no duty to disclose to patients emergency room fees other than those specified by statute. Taylor Capito filed a class action lawsuit against Regional Medical Center San Jose (Regional) after receiving emergency room services. She alleged that Regional violated the Unfair Competition Law (UCL) and the Consumer Legal Remedies Act by failing to give her sufficient notice of an Evaluation and Management Services (EMS) fee that it charged. The trial court sustained Regional’s demurrer without leave to amend.… Read more

Kaweah Delta Health Care District v. Becerra, __ F.4th __, Nos. 22-55157 & 23-55209, 2024 WL 5063933 (9th Cir. Dec. 11, 2024) HHS Secretary may not manipulate wage-index for hospital reimbursement rates to assist low-wage hospitals recruit and retain staff. A group of California hospitals sued the Secretary of Health and Human Services (HHS) challenging a policy designed to increase Medicare reimbursements to hospitals operating in geographic areas (primarily rural) where wages are generally low (so-called “low-wage hospitals”). The Medicare… Read more

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