Genetic Information Non-Discrimination Act signed into law

On May 21, 2008, President Bush signed into law the Genetic Information Non-Discrimination Act ("GINA").  GINA prohibits employers from discharging, refusing to hire, or otherwise discriminating against employees on the basis of genetic information.  It also applies to employment agencies and labor unions. 

In addition, GINA precludes discrimination by group health plans and health insurers against individuals based on genetic information, and prohibits insurers from requiring genetic tests.  Insurance companies also cannot request, require, or purchase the results of genetic tests, and they are prohibited from disclosing personal genetic information. 

Medical Facility: Cure thyself. Look for symptoms of employment discrimination

The June 2008 issue of Washington Healthcare News includes an article by blog contributor Kathy Feldman, who practices employment law in Ater Wynne's Seattle office.  The article addresses employment discrimination, including the six protected classes of employees, and ways to prevent potentially costly claims of discrimination.   

Medical leave and disability in a leanly staffed medical practice

The February 2008 issue of Washington Healthcare News includes an article by blog contributor Kathy Feldman, who practices employment law in the Ater Wynne Seattle office.  The article addresses the law governing leave and disability in a leanly staffed medical practice. 

New year, new laws from the Oregon legislature

Oregon greets 2008 with a raft of new legislation.  Laws affecting Oregon businesses include an expansion of the family medical leave law under House Bill 2635 to cover grandparents who must care for sick grandchildren.  New mothers must be given break time and a private place to express milk at work, per HB 2372.  Senate Bill 2 prohibits discrimination based on sexual orientation.  Health insurers are now required to include coverage for contraceptives (HB 2700) and for prosthetic and orthotic devices (HB 2517).  And HB 2513 makes it unlawful to sell gift cards that expire or have a face value that declines over time with lack of use.  See summaries of other new laws in this press release from the legislature. 

Ninth Circuit reverses jury verdict in hospital antitrust case

The Ninth Circuit yesterday reversed a $16.2 million jury award in an antitrust dispute between two Eugene hospitals.  One of the key issues in Cascade Health Solutions v. PeaceHealth was whether PeaceHealth, the largest provider of hospital services in the market, engaged in illegal attempted monopolization when it offered bundled discounts to insurers -- meaning that it offered a bundle of services for a lower price than it charged for the services individually. 

Companies from across the country weighed in as amicus curiae, and the Ninth Circuit held that the district court's jury instructions on the bundled discount issue were erroneous.  According to the court,  offering a bundled discount that a competitor cannot match is not by itself an antitrust violation.  The Ninth Circuit adopted the test for illegal bundled discounts recommended earlier this year by the Antitrust Modernization Commission.  See further discussion of the case here and here.

Vioxx maker answers with defense verdict: Score--Merck 10, Plaintiffs 5

Just weeks after Merck was hit with a multi-million dollar verdict in another Vioxx case in New Jersey, a jury this week in the otherwise plaintiff-friendly Madison County, Illinois court handed the plaintiff a defense verdict after deliberating less than 6 hours.  Plaintiff Frank Schwaller sued the maker of the Cox-2 Inhibitor for the death of his wife.  After taking Vioxx for about a year and a half, in 2003, Patricia Schwaller died of a heart attack.  The jury may have been persuaded that Ms. Schwaller's heart attack was not caused by her prescription medication as she also suffered from high cholesterol, high blood pressure and obesity.  Merck continues to fight the Vioxx cases one-by-one.  As jury trials go in these kinds of high profile pharmaceutical cases, the company is doing pretty well.  The score now?  Merck 10, Plaintiffs 5.

Vioxx plaintiff hits homerun; Score: Merck 9, Plaintiffs 5

In a setback for Merck, the maker of Vioxx, a New Jersey jury today awarded plaintiff $20 million in compensatory and $27 million in punitive damages to a 61-year-old mail carrier who suffered a heart attack allegedly caused by his prescription Vioxx.  The pharmaceutical company has won nine of the fourteen Vioxx cases it has tried.  For more on the case, see here.

January 2007 Deadline Looms For Health Care Employers

Any entity receiving (or making) annual payments under Medicaid of at least $5 million has until January 1, 2007 to comply with employment provisions contained in the Deficit Reduction Act of 2005. These provisions require covered entities to educate their workforce about the False Claims Act. The False Claims Act prohibits the submission of false claims to the government for payment and provides protection against retaliation to employees who report suspected violations.

Specifically, the Deficit Reduction Act requires covered entities to: (1) establish written policies for all employees, contractors and agents that provide detailed information about the federal False Claims Act and related administrative and state laws and whistleblower protections under such laws; (2) include in such written policies detailed provisions regarding the entity's policies and procedures for detecting and preventing fraud, waste, and abuse; and (3) include in any employee handbook a specific discussion of the False Claims Act and related laws and the rights of employees to be protected as whistleblowers and the entity's policies and procedures for detecting and preventing fraud, waste, and abuse.

Failure to implement these policies could disqualify a covered from eligibility for Medicaid payments.