MISCELLANEOUS
Medical Malpractice Caps – Declared Unconstitutional
The Florida Supreme Court, Lewis, J., held that the statutory cap on wrongful death noneconomic damages recoverable in medical malpractice actions violates the right to equal protection under state constitution. Estate of McCall v. United States, SC11-1148, 2014 WL 959180 (Fla. Mar. 13, 2014).
The case stemmed from a lawsuit first heard by the court in February 2012, wherein a jury initially awarded a total of $2 million in pain and suffering damages to the decedent’s family, but pursuant to the statutory caps under Fla. Stat. § 766.118, the total amount for the multiple claimants was reduced to $1 million.
Reported by Joy Easterwood, Esq.
Obama Administration Extends Pre-Existing Condition Plan Again
The Obama Administration is extending the Pre-Existing Condition Insurance Plan until April 30 to give individuals more time to sign up for a standard health plan though the insurance exchanges. This is the third extension that has been given and open enrollment ends March 31. In the extension notice, HHS urged members to sign up for an exchange plan before the end of open enrollment.
Reported by Joy Easterwood, Esq.
COMPLIANCE
U.S. v. Halifax Hospital Medical Center –$85,000,000.00 Settlement
A settlement in the amount of $85,000,000.00 was announced in United States et al. v. Halifax Hospital Medical Center et al., Case No. 6:09-cv-Orl-31TBS, Fla. Middle Dist. This qui tam action was filed by a whistleblower and long standing employee of Halifax. Her primary allegation was that Halifax violated the Stark Law by rewarding bonuses to employed physicians that were tied to their referrals of Medicare patients to the hospital. In November, the court entered summary judgment against Halifax on the Stark Law claim. Now, Halifax has agreed to pay $85,000,000.00 to resolve the allegations that they violated the False Claims Act by submitting claims to Medicare that violated the Stark Law. The tentative settlement is not yet finalized and is pending court approval. As part of the settlement, Halifax agreed to enter into a Corporate Integrity Agreement with the Department of Health and Human Services Office of Inspector General.
Reported by Joy Easterwood, Esq.