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Health Law

3229 ABA Journal Health Law articles.

Companies move from incentives to penalties regarding wellness plans, but is it legal?

More companies are penalizing employees who don’t meet wellness requirements, the Wall Street Journal (sub. req.) reports. CVS Caremark, for instance, recently stated that employees who did not report their weight, body fat and cholesterol levels to the company’s benefit firm would be fined $600, the Wall Street Journal reports.…

Apr 8, 2013 9:13 PM CDT

Federal judge lifts age restrictions on over-the-counter sales of morning-after pill

A federal judge in Brooklyn has ruled that the government was “arbitrary, capricious and unreasonable” when it refused to lift age restrictions on over-the-counter sales of the morning-after pill. The decision (PDF) on Friday by U.S. District Judge Edward Korman orders the government to lift the ban on over-counter-sales of…

Apr 5, 2013 1:38 PM CDT

Doc charged in 7 murders may have slain 300 to free up hospital beds, Brazilian investigator says

A doctor has been charged in what authorities are calling seven murders of terminally ill patients at a hospital in Brazil and could be responsible for as many as 300 deaths, an investigator says. Dr. Virginia Soares de Souza is charged with seven counts of aggravated first-degree murder. She is…

Mar 28, 2013 6:40 PM CDT

ND governor signs fetal heartbeat law, calls constitutionality ‘an open question’

North Dakota Gov. Jack Dalrymple acknowledges his state will face a legal fight over three new anti-abortion measures he signed into law on Tuesday. One law bans abortions after a fetal heartbeat can be detected, as early as six weeks into pregnancy, report the Associated Press, the Los Angeles Times…

Mar 27, 2013 12:04 PM CDT

Quinn Emanuel launches new health care fraud practice, forsees ‘exponential’ growth

Quinn Emanuel Urquhart & Sullivan has launched a new health care fraud practice group. It is headed by Sam S. Sheldon, 43, who started work Monday as a partner in the Washington, D.C., office of the the 600-attorney business litigation firm, reports Reuters. He formerly worked for the U.S. Department…

Mar 26, 2013 3:46 PM CDT

SCOTUS rebuffs North Carolina ‘semantics’ in its quest for one-third of girl’s med-mal settlement

North Carolina can’t obtain one-third of a girl’s medical malpractice settlement under a law that doesn’t take into account whether the money is attributable to medical care, the U.S. Supreme Court has ruled. The North Carolina statute is pre-empted by federal Medicaid law that bars liens on portions of a…

Mar 20, 2013 3:07 PM CDT

Mom gets 16 years for child neglect after daughter, 9, dies of diabetic complications

A Texas mom who was accused by authorities of failing to properly manage her diabetic daughter’s diet has been sentenced to 16 years for child neglect following the girl’s death, at age 9, from complications of the disease. Georgia Jones, 31, was sentenced Monday, after pleading guilty to felony injury…

Mar 19, 2013 4:28 PM CDT

Lawyer takes plea in $279M no-fault auto insurance fraud case

One of three lawyers charged in what authorities have described as a record-breaking $279 million New York auto insurance fraud scheme has taken a plea. Sol Naimark, 54, pleaded guilty last week in federal court in Manhattan to conspiracy to commit health fraud and faces up to 20 years when…

Mar 19, 2013 4:00 PM CDT

Tipster tells police missing man was hospitalized; staff refused to say due to privacy law

When worried friends reported an 81-year-old man was missing from his home on Monday, one of the first things police in Salem, Ore., did was contact local hospitals. There was no sign of Thomas Dill there, so authorities and friends kept searching. After two days, an anonymous tipster told police…

Mar 11, 2013 4:17 PM CDT

After facility worker shuns 911 operator’s CPR advice, questions arise: Are legal fears the reason?

Updated: On the tapes, the 911 operator pleads with a caller to administer cardiopulmonary resuscitation to a collapsed resident at an independent living facility. The caller, who had identified herself as a nurse, refuses, citing corporate policy. The elderly resident dies. The incident last month at Glenwood Gardens in Bakersfield,…

Mar 6, 2013 1:13 PM CST

Want a smoke-free generation? Ban tobacco sales to anyone born this century, law prof says

If you want to cut tobacco deaths, you need look no further than federal legislation signed into law in 2009, according to a law professor. The Family Smoking Prevention and Control Act paves the way for two aggressive approaches, according to a New York Times op-ed by Northeastern University law…

Mar 5, 2013 11:30 AM CST

Forbidden to randomly seize unattended homeless belongings, city asks SCOTUS to overturn ruling

The city of Los Angeles is expected to ask the U.S. Supreme Court today to overturn an injunction preventing the removal and destruction of personal property left unattended on sidewalks by the homeless, the Los Angeles Times reports. The San Francisco-based 9th U.S. Circuit Court of Appeals upheld the injunction…

Feb 28, 2013 10:04 PM CST

Supreme Court sides with securities fraud plaintiffs, lowers class action hurdle

Plaintiffs alleging companies made material misstatements in securities fraud cases won an important ruling on the requirements for class certification from the U.S. Supreme Court on Wednesday. The court ruled in a 6-3 decision (PDF) that plaintiffs in such cases may obtain class certification without having to prove a misrepresentation…

Feb 27, 2013 3:58 PM CST

Chemerinsky: Does the Fourth Amendment still fit the 21st Century?

Updated: Once more in Maryland v. King, which was argued Monday, the U.S. Supreme Court is asked to apply the Fourth Amendment to the technology of the 21st century. The issue is whether the Fourth Amendment is violated when a state, without a warrant, collects and analyzes DNA taken from…

Feb 25, 2013 3:00 PM CST

Four peanut company managers are charged in salmonella outbreak; charges include lying to FDA

The former owner of Peanut Corp. of America and three ex-managers at the defunct company have been charged in connection with a 2009 salmonella outbreak that caused nine deaths. Prosecutors say corporate officials failed to tell customers about lab tests that found the presence of salmonella and lied to or…

Feb 22, 2013 1:13 PM CST

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