Business Law Health Law Committee

Providers may potentially compel patients without health insurance to assign their auto insurance medical payment benefits (but not underinsured motorist benefits). Read more

Before authorizing electroconvulsive therapy for an inmate who lacks capacity to consent, courts must consider treatment preferences the inmate expressed while still competent. Read more

Caps on the costs of copying medical records in Evidence Code section 1158 do not limit the amount an attorney’s photocopying agent may charge. Read more

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