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Name Category Published
Montana Medical Association v. Knudsen
The Americans With Disabilities Act does not facially preempt Montana HB 702, which prohibits discrimination based on vaccination status, in health care settings. 		Disability Discrimination, Health Care 9th Oct. 10, 2024
Maxwell v. Atria Management Co., LLC
Trial court's denial of motion to compel arbitration was remanded to determine threshold issues, e.g., whether the durable power of attorney validly executed arbitration agreement on behalf of deceased. 		Arbitration, Health Care 1DCA/1 Sep. 23, 2024
Dignity Health v. Mounts
Granting anti-SLAPP special motion to strike was proper where surgeon failed to demonstrate probability of prevailing because hospital's adverse actions were shielded by the litigation and common interest privileges. 		Anti-SLAPP, Health Care 2DCA/6 Sep. 19, 2024
McCurry v. Singh
Physician had no duty of care when his overall actions did not establish a physician-patient relationship with decedent. 		Torts, Health Care 3DCA Sep. 12, 2024
Salami v. Los Robles Regional Medical Center
Hospital's alleged failure to disclose emergency medical services fees beyond including it in the chargemaster did not furnish a basis for unfair competition and consumer protection claims. 		Consumer Law, Health Care 2DCA/6 Jul. 25, 2024
San Antonio Regional Hospital v. Superior Court (Musharbash)
Proffered declaration of nurse anesthetist was insufficient to demonstrate triable issue of fact regarding standard of care for a medical context outside her area of expertise. 		Health Care, Torts 4DCA/2 May 30, 2024
Kime v. Dignity Health, Inc.
Because hospital owner's decision to deny doctor staff privileges was based on an administrative decision, doctor was not entitled to hearing. 		Health Care 1DCA/2 Apr. 29, 2024
Dougherty v. U.S. Behavioral Health Plan
Because company providing behavioral health services was not a health care service plan, it need not meet Health and Safety Code Section 1363.1's disclosure requirements to enforce arbitration. 		Arbitration, Health Care 4DCA/2 Apr. 25, 2024
Ryan S. v. UnitedHealth Group, Inc.
Healthcare beneficiary adequately claimed Parity Act violation by alleging disparate handling of mental health versus medical claims and providing supporting documentation. 		Health Care 9th Apr. 12, 2024
Asiryan v. Medical Staff of Glendale Adventist Medical Center
Code of Regulations peer review statute superseded medical doctor's common law right to fair procedure claim. 		Health Care 2DCA/1 Mar. 21, 2024
Gardena Hospital, L.P. v. Baass
Hospital must include bed hold days in their total patient days when calculating Medi-Cal patients for state reimbursement because accounting manual directly addressing bed holds was dispositive. 		Health Care 2DCA/8 Feb. 13, 2024
Long Beach Memorial Medical Center v. Allstate Insurance Co.
Delivery of two-party check that was never cashed was not a payment that satisfied properly notified insurer's duty to pay hospital lien from settlement proceeds before paying the injured party. 		Health Care 2DCA/7 Sep. 20, 2023
Saloojas Inc. v. Aetna Health of California Inc.
Section 3202(a)(2) of the CARES Act does not create a private right of action for providers to sue insurers. 		Health Care 9th Sep. 8, 2023
Rhonda S. v. Kaiser Foundation Health Plan
Neither the Lanterman-Petris Short Act nor a health plan required Kaiser to evaluate and treat conservatee merely upon delivery to Kaiser facility. 		Health Care 2DCA/8 Aug. 22, 2023
Moran v. Prime Healthcare Management, Inc.
Trial court properly struck emergency room patient's claim that hospital's failure to post or notify of a fee connected with emergency services was unfair and deceptive where the hospital complied with statutory fee notice requirements. 		Health Care 4DCA/3 Aug. 9, 2023
Raidoo v. Moylan
Abortion law requiring women in Guam to attend in-person informational meeting before receiving an abortion survived rational basis review. 		Health Care 9th Aug. 2, 2023
Vilches v. Leao
Defendant therapist was not required to grant plaintiff parent access to his daughter's patient records because the therapist determined that granting access would have a detrimental effect on the patient. 		Health Care 1DCA/4 Aug. 1, 2023
Family Health Centers of San Diego v. State Dept. of Health Care Services
Outreach activities are not categorically nonreimbursable under the Public Health Service Act 		Health Care CASC Jul. 25, 2023
Quishenberry v. UnitedHealthcare, Inc.
Claims based on common law and state-law duties duplicative of standards established under Part C of the Medicare Act were preempted by Part C's sweeping preemption provision. 		Health Care CASC Jul. 14, 2023
County of Santa Clara v. Superior Court (Doctors Medical Center of Modesto, Inc.)
Government Claims Act did not immunize Santa Clara County from reimbursing hospitals who provided emergency services to patients enrolled in the County's health plan. 		Health Care CASC Jul. 11, 2023
Dubin v. U.S.
Fraudulent Medicaid claim did not automatically equate to "aggravated identity theft." 		Health Care USSC Jun. 9, 2023
Modification: Futterman v. Kaiser Foundation Health Plan, Inc.
In class action suit against Kaiser for its deficient mental health services, Kaiser members provided sufficient triable issues of fact to survive summary judgment. 		Health Care 1DCA/4 Jun. 8, 2023
Friedenberg v. Lane County
Defendants met the qualifications for immunity as "deemed" public health service employees. 		Health Care 9th May 22, 2023
Futterman v. Kaiser Foundation Health Plan, Inc.
In class action suit against Kaiser for its deficient mental health services, Kaiser members provided sufficient triable issues of fact to survive summary judgment. 		Health Care 1DCA/4 May 19, 2023
Lopez v. American Medical Response West
Plaintiffs' first letter to defendant detailing ambulance accident, and providing a settlement demand amount, provided sufficient details that it served as an intent to sue notification under the Medical Injury Compensation Reform Act. 		Health Care 1DCA/5 Mar. 16, 2023
Washington State Health Care Authority v. Centers for Medicare & Medicaid Services
The state of Washington's plan to amend its statutes to allow Medicaid payment for dental health aide therapists did not violate Medicaid's free choice provision. 		Health Care 9th Jan. 13, 2023
Wisner v. Dignity Health
Evidence was insufficient for a jury to conclude that medical board's National Practitioner Data Bank report was false because evidence established that the reported physician was under investigation at time of resignation. 		Health Care 3DCA Nov. 7, 2022
Vigil v. Muir Medical Group IPA
In a medical data breach case, denying class certification was appropriate where each putative class member's right to recover depended on proving that their medical information was actually viewed. 		Health Care 1DCA/2 Oct. 19, 2022
Daniel C. v. White Memorial Medical Center
When determining California Department of Health Care Services' lien award on Medi-Cal beneficiary's wrongful life settlement, trial court erred by failing to distinguish between past medical expenses and other damages. 		Health Care 2DCA/3 Sep. 30, 2022
Arizona Alliance for Community Health Centers v. Arizona Health Care Cost Containment System
Categorical exclusion of adult chiropractic services from Arizona's state Medicaid program was a violation of the Medicaid Act. 		Health Care 9th Sep. 6, 2022
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