Health & Insurance

State cannot enforce $1,000 cap on dental services for Medicaid recipients

September 26, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has left in place the preliminary injunction granted by Chief Judge Philip Simon last year that prevents the state from capping dental work for Medicaid recipients at $1,000 a year.
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Nurses may be expert witnesses in some standard of care disputes

August 15, 2012
Jennifer Nelson
The Indiana Court of Appeals declined Wednesday to create a blanket rule that nurses cannot qualify as expert witnesses under the Indiana Evidence Rule and testify as to whether a health care provider breached a standard of care or whether an alleged breach caused an injury.
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Doctor owed no duty to release prenatal records to adoptive parents

August 13, 2012
Dave Stafford
A New York couple who adopted a child born in Lake County lost their appeal of an unsuccessful negligence claim against a doctor who did not provide requested prenatal records that would have revealed the child’s significant brain abnormalities before the adoption was finalized.
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State to defend Planned Parenthood ban after adverse Medicaid recommendation

July 9, 2012
Dave Stafford
The Office of the Indiana Attorney General continues to defend a 2011 state law that denies Medicaid funding for health care services to Planned Parenthood because the organization performs abortions.  A federal hearing officer recommended that the Department of Health and Human Services disapprove the state Medicaid plan amendment in the law.
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High court ruling opens Medicaid escape hatch for states

July 4, 2012
J.K. Wall
While upholding President Barack Obama’s health care law, the U.S. Supreme Court on June 28 also opened an escape hatch for states that do not want to take on the project of expanding their Medicaid programs.
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High court ruling opens Medicaid escape hatch for states

June 28, 2012
J.K. Wall
While upholding President Barack Obama’s health care law, the U.S. Supreme Court on Thursday also opened an escape hatch for states that do not want to take on the project of expanding their Medicaid programs.
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U.S. justices rule on challenges to health care law

June 28, 2012
IL Staff
The U.S. Supreme Court released its highly anticipated decision on the challenges brought by states and other organizations to the Affordable Care Act.
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WellPoint agrees to $90M settlement with former Anthem members

June 15, 2012
Scott Olson
Indianapolis-based WellPoint Inc. has agreed to pay $90 million to settle a class-action lawsuit brought on behalf of more than 700,000 former members of Anthem Insurance Cos. Inc., lawyers for the plaintiffs said Friday afternoon.
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COA reverses in favor of FSSA in provider payment dispute

June 8, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a trial court erred in ruling in favor of health care providers regarding payments from the state’s Residential Care Assistance Program.
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Justices grill both sides in IU Health case

May 23, 2012
J.K. Wall
The five justices on the Indiana Supreme Court asked feisty questions of both sides in the case in which two Indiana University Health patients have argued that hospital “chargemaster” rates are unreasonable.
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Law School Briefs - 5/11/12

May 9, 2012
Read about a health law conference May 21 at Robert H. McKinney School of Law.
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Judge: facility not exempt from property tax

February 17, 2012
Jennifer Nelson
The Indiana Tax Court has upheld the decision of the Indiana Board of Tax Review that a Tipton County assisted living facility failed to raise a prima facie case that it is exempt from property tax under Indiana Code 6-1.1-10-16.
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Appellate court upholds man's detainment

February 16, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that he could not have been detained in the hospital for mental health reasons before an application for detention was filed, which occurred after facility security guards restrained him.
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Supreme Court to hear Affordable Care Act challenges

November 14, 2011
Michael Hoskins
In what’s expected to be a historic constitutional test over how much power the federal government has to require individual mandates for states, the Supreme Court of the United States will consider the constitutionality of the Affordable Care Act passed in 2010.
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Judge: fundamental error rule doesn't apply to civil cases

November 10, 2011
Jennifer Nelson
An Indiana Court of Appeals judge disagreed with the decision of his fellow panel members to allow a man committed to a psychiatric unit to argue the trial court committed fundamental error by not issuing an order scheduling a hearing within three days of receiving the petition for involuntary commitment.
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Indiana can't cap Medicaid coverage of dental services

November 7, 2011
Michael Hoskins
A northern Indiana federal judge has ruled that the state must fully cover dental services that are medically necessary for Medicaid participants, and it can’t deny coverage exceeding a certain amount because that would prevent some low-income individuals the ability to get needed care.
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Lecture in honor of Myles N. Brand Nov. 9

November 7, 2011
IL Staff
George P. Smith II, a visiting fellow at Indiana University's Center for Law, Ethics, and Applied Research in Health Information, will deliver the center's first public lecture in tribute to his late friend, former IU President Myles N. Brand.
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Symposium will look at constitutionality of Affordable Care Act

October 18, 2011
IL Staff
Indiana University Maurer School of Law will conduct a mini-symposium on the constitutionality of the federal health care legislation in honor of a former professor at the law school.
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Judges rule against hospital in fee suit

October 12, 2011
Jennifer Nelson
Citing caselaw that goes back 120 years, the Indiana Court of Appeals reversed a Marion Superior judge’s dismissal of a complaint against a central Indiana hospital pursuant to Indiana Trial Rule 12(B)(6).
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Law School Briefs - 9/28/11

September 28, 2011
IL Staff
The Center for Intellectual Property Law and Innovation at Indiana University School of Law - Indianapolis will host attorney Cedric D'Hue for a talk about starting your own firm.
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Judge allows state to cut Medicaid fees to pharmacists

September 15, 2011
Michael Hoskins
An Indianapolis federal judge has reversed the temporary restraining order she issued two months ago that stopped the state from cutting fees it pays to pharmacists for dispensing Medicaid prescriptions.
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Law School Briefs - 9/14/11

September 14, 2011
IL Staff
Indiana University School of Law - Indianapolis will be hosting its inaugural Biomedical and Health Industry Law Compliance Conference; scholars will visit the Maurer School of Law for an IP colloquium.
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Indianapolis to host health law compliance conference

September 7, 2011
IL Staff
Indiana University School of Law-Indianapolis has planned its inaugural Biomedical and Health Industry Law Compliance Conference for Sept. 21. The keynote speaker is Joyce R. Branda, director of the Fraud Section of the U.S. Department of Justice’s Commercial Litigation Branch.
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11th Circuit strikes portion of health-care reform law

August 15, 2011
IL Staff
The 11th Circuit Court of Appeals in Atlanta ruled on a challenge to the federal health-care law filed by numerous states, including Indiana, and found the federal mandate that individuals have to purchase health insurance or face a penalty to be unconstitutional.
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Workers' comp cases question line between employer liability and employee responsibility

August 3, 2011
Jenny Montgomery
In June, the Superior Court of New Jersey, Appellate Division, affirmed the finding of a workers’ compensation judge who ruled that a man whose wife died of a pulmonary embolism while working from home was entitled to workers’ compensation survivor benefits. In Renner v. AT&T, No. A-2393-10T3, a doctor admitted that other factors – including obesity – may have been risk factors for developing the fatal blood clot.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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