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© 2007-12 Easley Appellate Practice, P.L.L.C. (Since 1994) All rights reserved.
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Florida Insurance - Health - State Bill Tracking
2008 Florida Senate Bill No. 364 110th Regular Session (SUMMARY - NETSCAN)
Cystic Fibrosis Treatment/Insurance Coverage; Requires that group health insurance policies and HMO contracts cover services needed to treat cystic fibrosis which are authorized by a physician and are medically necessary. Provides that the policy holder or contract subscriber may be held responsible by the insurer or HMO for any deductibles or copayments, etc. EFFECTIVE DATE: 01/01/2009.
2008 FL S.B. 364 (NS)
Abuse & Neglect: HOSPITAL CHAIN MOVES NEVADA DEATH SUIT TO FEDERAL COURT, Hedrick v. Kindred Hosps. West, 10 No. 5 Andrews Nursing Home Litig. Rep. 8, Andrews Nursing Home Litigation Reporter August 31, 2007
A national hospital chain, facing a lawsuit accusing it of negligence in connection with the death of a Las Vegas long-term-care facility resident, has removed the case to federal court. The lawsuit, now pending in the U.S. District Court for the District of Nevada, alleges that Clarence Hedrick III died from inadequate care provided by Kindred Hospitals' acute-care facility in Las Vegas. Hedrick's widow, Leanora, says her husband suffered bedsores and urinary tract infections at the hospital.
Medicare: UNITEDHEALTH SUED OVER ALLEGED MEDICARE POLICY ENROLLMENT FRAUD, Edge v. UnitedHealth Group, 10 No. 4 Andrews Nursing Home Litig. Rep. 7, Andrews Nursing Home Litigation Reporter August 17, 2007
A suit filed in Florida state court alleges that insurance company UnitedHealth Group fraudulently enrolls people into its Medicare supplement plan, resulting in the loss of regular Medicare coverage. Plaintiff Charleen Edge says she sought to enroll in UnitedHealth's Medicare Part D prescription plan in February 2006. The St. Petersburg resident says he received information a few months later about the company's Medicare Complete Care HMO.
Medical Malpractice (Res Ipsa Loquitur): RES IPSA CLAIM AGAINST CHIROPRACTOR PROPERLY DISMISSED, Snipes v. Warren, 4 No. 10 Andrews Expert & Sci. Evidence Litig. Rep. 14, Andrews Expert and Scientific Evidence Litigation Reporter September 18, 2007
Because an "average juror" could not infer that the type or amount of force used during a chiropractic manipulation was excessive or improper, a North Carolina woman's claim of negligence based on the doctrine of res ipsa loquitur was properly dismissed, a state appeals court has ruled. Res ipsa loquitur, Latin for "the thing speaks for itself," is the theory that the alleged injury is so obvious that a jury can determine fault without hearing expert evidence.
Medicaid Coverage: 9TH CIR. WON'T REHEAR CASE ON MEDICAID FEES, Spry v. Thompson, 10 No. 5 Andrews Nursing Home Litig. Rep. 10, Andrews Nursing Home Litigation Reporter August 31, 2007
A federal appeals court has refused to reconsider a ruling that the state of Oregon can charge higher premiums and co-pays for people covered under an expansion of the state's Medicaid program created in the early 1990s. In May the U.S. Court of Appeals for the 9th Circuit found that a state has the right to waive compliance with some regulations the federal government imposes for core Medicaid recipients when it chooses to expand its coverage in an experimental plan.
Health Care Fraud: MEDICAL BILLER AGREES TO ASSIST FEDS IN PROBE OF $105M HEALTH FRAUD, United States v. Ramirez, 10 No. 5 Andrews Nursing Home Litig. Rep. 11, Andrews Nursing Home Litigation Reporter August 31, 2007
The owner of a Miami medical billing company that helped numerous Florida health clinics defraud Medicare by $105 million is cooperating with federal agents in an investigation of the scam. A plea agreement and criminal information filed in the U.S. District Court for the Southern District of Florida identifies the biller as Rita Campos Ramirez, the owner of R&I Medical Billing. The information says Campos and her business billed Medicare for a total of $170 million in fraudulent HIV drug i...
Briefs and Other Related Documents: 2007 WL 2406520, 2007 WL 2402011, 2007 WL 2402010
Discovery: PATIENT'S MENTAL HEALTH HISTORY NOT AT ISSUE IN INFECTION SUIT, Wicks v. Daly, 10 No. 5 Andrews Nursing Home Litig. Rep. 12, Andrews Nursing Home Litigation Reporter August 31, 2007
A New York state court has denied a motion to compel authorizations for the mental health records of a hospital patient and his family because their psychiatric history is not relevant to a lawsuit over his death from an infection. Jeffrey Wicks' wife alleges that Community General Hospital and several doctors failed to diagnose his strep infection when he twice went to the emergency room Jan. 5 and Jan. 7, 2005.
