Health & Insurance

Preventable medical errors hit new high in Indiana

October 22, 2015
 Associated Press
New data released from the Indiana State Department of Health shows that the state has set another record for medical errors.
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Health law penalty on uninsured getting stiffer

October 19, 2015
 Associated Press
The math is harsh: The federal penalty for having no health insurance is set to jump to $695, and the Obama administration is being urged to highlight that cold fact to help drive its new pitch for health law sign-ups.
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Rogue nurse prompts call to revisit privacy rulings

October 2, 2015
Marilyn Odendahl
Noting technology is advancing faster that privacy law, an Indiana Court of Appeals judge is urging the Indiana Supreme Court to revisit precedent regarding invasion of privacy claims.
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Congress passes bill easing small business health law rules

October 2, 2015
 Associated Press
Congress approved bipartisan legislation Thursday aimed at preventing premium increases that some smaller businesses were expecting next year under President Barack Obama's health care law.
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Lawsuit alleges Crown Hill illegally solicited people in hospitals, care facilities

September 28, 2015
Dave Stafford
Indiana’s largest cemetery illegally made direct solicitations to people in hospitals, mental health facilities and other care settings, alleges a class-action lawsuit  filed Monday in Indianapolis.
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Hospital group favors raising limit on medical malpractice damages

September 23, 2015
Dave Stafford
Proposals to increase the state-imposed $1.25 million cap on damages in medical malpractice cases have some unlikely supporters: Indiana hospitals.
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Indy nonprofit, law firm help curb childhood diseases

September 9, 2015
Dave Stafford
Lauren Braun has been helping safeguard the health of children in impoverished countries for years. A small band she’s developed could bring those efforts full circle with a pro bono assist from a small band of Indianapolis lawyers.
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7th Circuit stops collection of hospital assessment fee

August 28, 2015
Marilyn Odendahl
St. Catherine Hospital was successful in getting a reprieve from a dispute with the state of Indiana over the hospital assessment fee.  
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COA finds medical provider made ‘reasonable effort’

August 25, 2015
Marilyn Odendahl
Telling the victim’s father it could not infer legislative intent, the Indiana Court of Appeals found a mental health care treatment center did comply with the state’s statutory requirements.
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Indiana clears Planned Parenthood of wrongdoing after videos

July 31, 2015
 Associated Press
Indiana on Thursday cleared Planned Parenthood facilities that perform abortions in the state of any wrongdoing in the handling of fetal tissue.
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Lawyers applaud proposed changes to child support guidelines

July 29, 2015
Marilyn Odendahl
The passage and implementation of the federal Affordable Care Act is underlying a proposal to rid Indiana’s child support guidelines of a loophole and complicated health insurance worksheet.
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Involuntary commitment vacated for lack of evidence

July 20, 2015
Dave Stafford
An Indianapolis woman was improperly ordered committed for mental illness, but there was insufficient evidence she was gravely disabled, a panel of the Indiana Court of Appeals ruled Monday. The decision further emphasizes the need for clear and convincing evidence of grave disability to support a commitment.
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The ACA lives on: Supreme Court maintains the status quo

July 15, 2015
Tara Sciscoe, Christopher Sears
Like a cat with nine lives, the Patient Protection and Affordable Care Act has survived its second trip to the U.S. Supreme Court.
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MDL panel picks California for Anthem lawsuits

July 1, 2015
Marilyn Odendahl
Indianapolis law firms that filed suit against the insurance giant after massive cyberbreach are surprised cases won’t be tried in Indiana
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Community Health to pay $20M to settle false claims charges

June 30, 2015
IBJ Staff, J.K. Wall
Community Health Network has agreed to pay $20.3 million to settle claims from state and federal authorities that it overbilled for outpatient surgeries, according to an announcement Tuesday from the U.S. Department of Justice.
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SCOTUS upholds nationwide health care law subsidies

June 25, 2015
 Associated Press
The Supreme Court of the United States on Thursday upheld the nationwide tax subsidies under President Barack Obama's health care overhaul, in a ruling that preserves health insurance for millions of Americans.
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Former nursing home employee faces forgery, fraud charges

June 15, 2015
 Associated Press
A former employee at a southeastern Indiana nursing home faces charges alleging that she bilked the home's elderly residents out of nearly $10,000 in Medicare funds.
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Care facility’s petition for judicial review barred by res judicata

June 10, 2015
Jennifer Nelson
A Merrillville nursing facility’s third petition seeking judicial review of the state Department of Health’s decision to deny a full license to the facility was barred by a previous petition for judicial review of the matter, the Indiana Court of Appeals ruled.
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How law firms use Facebook and other data to track down medical victims

May 27, 2015
 Bloomberg News
For ambulance chasers, persistence and a phone book just don’t cut it anymore. Law firms, which once relied on television commercials, billboards, and cold calling numbers in the white pages to find plaintiffs for medical lawsuits, have begun to embrace technology. To locate their ideal pharma victims more quickly and at lower costs, they're using data compiled from Facebook, marketing firms, and public sources, with help from digital bounty hunters.
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Fallout from Supreme Court case on Obamacare could be 'ugly'

May 26, 2015
 Associated Press
A Supreme Court ruling due in a few weeks could wipe out health insurance for millions of people covered by President Barack Obama's health care law. But it's Republicans — not White House officials — who have been talking about damage control.
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Do-over expected to bring same result in contraception case

May 6, 2015
Marilyn Odendahl
In a second round of oral arguments regarding the University of Notre Dame’s challenge to the Affordable Care Act’s contraception mandate, the 7th Circuit Court of Appeals not only remained dubious of the school’s assertions but also seemed perplexed as to why the case came back to the court.
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Parents of autistic children gird for showdown with Anthem

May 6, 2015
IBJ Staff, J.K. Wall
A showdown is brewing over autism therapy in Indiana. After an Elkhart couple with an autistic son sued Indianapolis-based health insurer Anthem Blue Cross and Blue Shield in April, autism families around the state have started a campaign to get Anthem to change its policy for covering therapy for school-age children.
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Lawsuit claims IU Health, midwifery practice risked lives

April 17, 2015
 Associated Press
A federal whistleblower lawsuit says IU Health and midwifery practice HealthNet defrauded the government of millions of dollars and put low-income pregnant women at risk.
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SCOTUS sides with Idaho in Medicaid pay dispute

March 31, 2015
 Associated Press
Private health care providers cannot sue to force states to raise their Medicaid reimbursement rates to keep up with rising medical costs, the Supreme Court of the United States ruled Tuesday.
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Medical-Legal partnership gets national honor

March 27, 2015
Marilyn Odendahl
Five years after its founding, the Eskenazi Health Midtown Community Mental Health Medical-Legal Partnership in Indianapolis is being recognized with a 2015 Outstanding MLP Award from the National Center for Medical-Legal Partnership.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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