Health Law News

This webpage features recent healthcare news of interest to a wide range of healthcare paralegals, and will be updated from time to time.  News about federal healthcare reform legislation can be found on our “Healthcare Reform”  webpage.  We welcome the submission of additional “News” items to:

cfmkaler@hotmail.com

1. Challenge to Grants of Human Genome Patents:

http://online.wsj.com/article/SB126041358100284931.html

2. Office of the Inspector General, Health and Human Services Department, “Adverse Events in Hospitals — State Reporting Systems” can be viewed online or downloaded at:

http://oig.hhs.gov/oei/reports/oei-06-07-00471.pdf

3.  Our Cystic Fibrosis Chair – Mary Maggio Fischer, of  Queens, New York, reports (1/9/10):  The Governor of New York [David Paterson] has signed legislation that will allow New York Medicaid recipients with CF who obtain speciality medications from the Cystic Fibrosis  Services Pharmacy to continue using the pharmacy, thereby ensuring continuity of care. Under the legislation, CF Services will be exempt from the state’s new Specialty Pharmacy Program (SPP). — from Homeline,  a publication of the Cystic Fibrosis Services Pharmacy

4. E-discovery case opinion discusses case where defendant physician is accused of destroying evidence stored on computers in case where patient became ill and died shortly after routine knee surgery:

http://www.supremecourt.ohio.gov/rod/docs/pdf/6/2009/2009-ohio-6975.pdf

5. Attorney General Richard Blumenthal [of Connecticut] . . . sued Health Net of Connecticut, Inc.  [on 1/13/10] for failing to secure private patient medical records and financial information involving 446,000 Connecticut enrollees and promptly notify consumers endangered by the security breach.

This case marks the first action by a state attorney general involving violations of HIPAA since the Health Information Technology for Economic and Clinical Health Act (HITECH) authorized state attorneys general to enforce HIPAA.

http://www.ct.gov/ag/cwp/view.asp?Q=453916&A=3869

6. Report by Massachusetts Attorney General Martha Coakley on “Investigation of  Health Care Cost Trends and Cost Drivers”:

http://www.mass.gov/Cago/docs/healthcare/Investigation_HCCT&CD.pdf

7. Report on Need for Reform of Toxic Substances Control Act of 1976 (TSCA) because it is not protecting Americans adequately from exposure to toxic chemicals:

http://healthreport.saferchemicals.org/

8. Sham Citizen Petitions Filed By Pharmaceutical Corporation To Delay Market Arrival Of Generic Drug May Be Violation Of Antitrust Laws:

http://www.fdalawblog.net/fda_law_blog_hyman_phelps/2010/02/recent-rulings-once-again-shine-the-light-on-sham-citizen-petition-antitrust-issues-.html

9. Compliance Programs for Assisted Living and Long-Term Care That Help Providers Reduce Chances of Federal Investigations:

http://www.ahcancal.org/News/publication/Provider/CoverFeb2010.pdf

10. Is Using U.S. Postal Service To Drop Off Medical Countermeasure Medications After Biological Terrorist Attack A Good Idea?

http://bigmedicine.ca/wordpress/2010/01/jim-rush-why-the-presidents-executive-order-re-medical-countermeasures-is-bad-medicine/

11. New Food and Drug Administration Rule Requires Sponsors to Report Suspected Falsification of Data to FDA:

http://www.fdalawblog.net/fda_law_blog_hyman_phelps/2010/02/proposed-rule-requires-sponsors-to-report-suspected-falsification-of-data-to-fda.html

12. Federal Trade Commission Staff Report on “pay for delay” arrangements where brand-name pharmaceutical producers pay companies with competing generic products to stay off the market:

http://www.ftc.gov/os/2010/01/100112payfordelayrpt.pdf

13.  Government Accountability Office report on problems with FDA oversight of its criminal and misconduct investigations:

http://www.gao.gov/new.items/d10221.pdf

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