Case Summaries
Health Law
[11/19]
Mission Hosp. Reg'l Med. Ctr. v. Shewry
In an action brought by over 100 state hospitals alleging section 32 of Senate Bill No. 1103, which froze reimbursement rates paid to noncontract hospitals for inpatient services during the state's 2004-2005 fiscal year, violated the Medicaid Act and that the Department of Health Care Services violated federal Medicaid regulation and state and federal protections, judgment rejecting most of plaintiffs' claims is reversed and remanded where: 1) the federal statute requiring notice and comment procedures applied to the state's action; 2) the state's process did not satisfy the federal statute; and 3) the trial court erred in its ruling under section (13)(A).
[11/19]
Assoc. of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control Dist.
Denial of writ of mandate is reversed and defendant is ordered to complete an assessment on the public health impacts of the rule 4570, which requires large confined animal facilities to choose from a variety of mitigation measures with the goal of reducing VOC emissions, where: 1) rule 4570 was adopted without conducting an adequate assessment of its impact on public health, as mandated by Health and Safety Code section 40724.6; 2) section 40724.6 was intended to address the district's failure to meet federal and state ambient air quality standards for ozone and does not regulate ammonia emissions produced by large confined animal facilities; and 3) the district's findings were not arbitrary and capricious.
[11/18]
IMS Health Inc. and Verispan, LLC v. Ayotte, New Hampshire Attorney Gen.
A district court's finding that a state law, which prohibits certain transfers of physicians' prescribing histories for use in detailing, unconstitutionally abridged free speech, is reversed and the injunction against enforcement of the Prescription Information Law is vacated where: 1) regulated data transfers did not embody restrictions on protected speech under the First Amendment; 2) the state law regulated conduct, not speech; and 3) even if the Prescription Information Law amounted to a regulation of protected speech, it passed constitutional muster.
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