Business Law Health Law Committee

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

CMA’s standing to sue health insurer under the UCL based on diverting resources to oppose a business practice presents a triable issue. Read more

Public health care service plans are not immune from provider reimbursement actions under the Knox-Keene Act. Read more

Family members placed Gorgi Talevski in a county-owned nursing home in Indiana when his dementia progressed to the point they could no longer care for him. Read more

Deanna Hodges worked for Cedars-Sinai Medical Center in an administrative role with no patient care responsibilities. Cedars terminated her employment because she refused to get a flu vaccine.  Cedars’s flu vaccine policy made exceptions for employees who established “a valid medical or religious exemption.” Employees who d Read more

Corrections officials may not engage in unconsented “patient dumping” of medically compromised parolees. Read more

David Dubin overbilled Medicaid $338 by overstating the qualifications of employees who performed psychological testing. A jury convicted him of healthcare fraud under 18 U.S.C. § 1347 and aggravated identity theft under § 1028A. Read more

After receiving a bill for emergency medical treatment at Doctors Medical Center of Modesto (Hospital), Joshua Naranjo filed a class action lawsuit seeking declaratory and injunctive relief. Read more