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Appellate Updates

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Appellate Updates

June 1, 2022
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Appellate Updates

Acute care hospital needed no additional license or approval to operate drug detoxification center
Posted February 2, 2023

February 2, 2023

State ex rel. Rapier v. Encino Hospital Medical Center (Dec. 21, 2022, B302426, B303196) __ Cal.App.5th __ [2022 WL 18396584], modified and ordered published Jan. 20, 2023

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Appellate Updates

Medical malpractice plaintiffs lack standing to seek declaratory relief challenging MICRA’s constitutionality
Posted January 11, 2023

January 11, 2023

Dominguez v. Bonta (F082053 & F082208, Dec. 19, 2022) __ Cal.App.5th ___ [2022 WL 17752246], ordered published Jan. 6, 2023

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Appellate Updates

Preservation letter is not notice of intent to sue under CCP § 364; confidential mental health records are sometimes admissible
Posted January 11, 2023

January 11, 2023

McGovern v. BHC Fremont Hospital, Inc. (Dec. 21, 2022, A161051) __ Cal.App.5th __ [2022 WL 17828959], ordered published Jan. 4, 2023

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Appellate Updates

Plaintiffs may withdraw from arbitration if hospital doesn’t timely pay arbitration fees
Posted January 10, 2023

January 10, 2023

Williams v. West Coast Hospitals, Inc. (Dec. 22, 2022, H049177) __ Cal.App.5th __ [2022 WL 17881773]

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Appellate Updates

Hospital immune from civil liability for reporting to National Practitioner Data Bank that doctor surrendered privileges while under investigation
Posted November 16, 2022

November 16, 2022

Wisner v. Dignity Health (Oct. 18, 2022, C094051) __ Cal.App.5th __ [2022 WL 16706648], certified for partial publication Nov. 4, 2022.

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Appellate Updates

Breach of confidentiality claim under the CMIA requires proof that medical information was “actually viewed” by an unauthorized party
Posted October 25, 2022

October 25, 2022

Vigil v. Muir Medical Group IPA, Inc. (Sept. 26, 2022, A160897) __ Cal.App.5th __ [2022 WL 10239738], ordered published Oct. 18, 2022

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Appellate Updates

Negligently performing an MRI scan does not substantiate an elder abuse claim
Posted October 20, 2022

October 20, 2022

Kruthanooch v. Glendale Adventist Medical Center (Oct. 4, 2022, B306423) __ Cal.App.5th __, 2022 WL 5126799

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Appellate Updates

Ambulance company owed a general duty of care to a patient who jumped out of a moving ambulance while being transported
Posted October 12, 2022

October 12, 2022

T.L. v. City Ambulance of Eureka, Inc. (Sept. 29, 2022, A162508) __ Cal.App.5th __ [2022 WL 4544295]

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Appellate Updates

The litigation privilege entitled hospital to anti-SLAPP dismissal of physician’s claims arising out of peer review proceedings
Posted September 30, 2022

October 12, 2022

Bonni v. St. Joseph Health System (Aug. 23, 2022, G052367) __ Cal.App.5th __ [2022 WL 4232964]

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Appellate Updates

Medical malpractice claim for a child’s still birth does not accrue when autopsy fails to determine cause of death
Posted September 30, 2022

October 12, 2022

Kernan v. Regents of the University of California (Aug. 29, 2022, A162750) __ Cal.App.5th __ [2022 WL 4363156], ordered published Sept. 20, 2022

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Appellate Updates

Agent authorized to make health care decisions under an Advanced Directive may not bind patient to nursing facility’s arbitration agreement
Posted September 2, 2022

October 12, 2022

Logan v. Country Oak Partners, LLC (Aug. 18, 2022, B312967) __ Cal.App.5th __ [2022 WL 3500353]

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Appellate Updates

Hospital not liable for staff physician’s alleged malpractice under actual or ostensible agency theories
Posted September 2, 2022

October 12, 2022

Franklin v. Santa Barbara Cottage Hospital (Aug. 8, 2022, B311482) __ Cal.App.5th __, 2022 WL 3151202, ordered published August 22, 2022

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Appellate Updates

Hospitals have no duty to post signs disclosing the ER fees published in the chargemaster
Posted July 18, 2022

July 18, 2022

Saini v.

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Appellate Updates

Noncontracted providers of nonemergency services to Medi-Cal managed care plan enrollees are not entitled to reimbursement exceeding Medi-Cal fee schedule rates
Posted July 12, 2022

July 12, 2022

Allied Anesthesia Medical Group, Inc. v.

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Appellate Updates

Ostensible agency theory fails where patient’s personal physician performs surgery at a hospital
Posted July 12, 2022

July 12, 2022

Magallanes de Valle v.

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Appellate Updates

Medicare’s low-income patient hospital reimbursement adjustment is based on individuals “entitled” to Part A benefits, even if Medicare doesn’t pay for their treatment

July 6, 2022

Becerra v. Empire Health Foundation, 597 U.S. __, No. 20–1312, 2022 WL 2276810 (June 24, 2022)

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Appellate Updates

The government must prove beyond a reasonable doubt that a physician knowingly or intentionally acted in an unauthorized manner to convict under the Controlled Substance Act

July 6, 2022

Ruan v. United States, 597 U.S. __, No. 20–1410, 2022 WL 2295024 (June 27, 2022)

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Appellate Updates

Group health plans do not violate Medicare’s Secondary Payer statute by offering all participants the same limited dialysis coverage

June 24, 2022

Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., 596 U.S. __, No. 20–1641, 2022 WL 2203328 (June 21, 2022)

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Appellate Updates

Healthcare providers may not enforce the Medicaid Act’s anti-reassignment provision under 42 U.S.C. § 1983

June 24, 2022

Polk v. Yee, __ F.4th __, No. 20–55266, 2022 WL 2062316 (9th Cir. June 8, 2022)

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Appellate Updates

HHS may not vary Medicare prescription drug reimbursement rates by hospital group unless it surveys hospital acquisition costs

June 24, 2022

American Hosp. Assn v. Beccera, 596 U.S. __, No. 20–1114, 2022 WL 2135490 (June 15, 2022)

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June 10, 2011

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