Business Law Health Law Committee

Sole successor-in-interest assignee of healthcare provider has derivative standing to sue insurer under ERISA. Read more

CMS may enforce interim final rule imposing COVID-19 vaccine mandate on Medicare and Medicaid facilities. Read more

Regulations authorizing family members to admit elderly relatives to residential care facilities do not authorize them to enter arbitration agreements. Read more

Hospital liable for adopting policies that failed to protect female mental patients against the risk of sexual assault. Read more

DHCS may recoup the cost of Medi-Cal services from pay-on-death trust beneficiary. Read more

Nursing Board may revoke license for unprofessional conduct and dishonesty in assessing the transfer of a residential care facility resident. Read more

California Supreme Court to decide whether claims for negligence, elder abuse, and wrongful death against entities providing Medicare benefits and services are preempted by Medicare Part C (42 U.S.C. § 1395w-26(b)(3)). Read more

A city may not administer ambulance services after delegating those services to the surrounding county. Read more

Under the Knox-Keene Act, healthcare service plans must reimburse hospitals for emergency medical services to their enrollees based on either an agreed-upon contractual rate or the “reasonable and customary value” of the services. Read more

MICRA limitations period bars personal injury action claiming patient fell because ER nurses negligently failed to accompany her to the restroom. Read more