Florida

FL sues Merck over Vioxx marketing

Anne Zieger — Wed, 01 Oct 2008 13:00:14 -0400

Florida's Attorney General has filed suit against Merck & Co., again, this time for allegedly deceptive marketing and promotion of joint pain drug Vioxx. The suit claims that Merck failed repeatedly to disclose the drug's adverse effects, while offering it to the state's Medicaid program as a safe painkiller, in direct violation of the state's Deceptive and Unfair Practices Act.

Vioxx has been off the market since 2004, when studies suggested that users had a greater risk of heart attack and stroke if they engaged in long-term use of the drug. Attorney General Bill McCollum has been investigating for three of the four years since the market pullout. His research concluded that the Florida Medicaid program spent $80 million on the drug between 1999 and 2004.

In the suit, McCollum contends that Merck tried to bully physicians and researchers who questioned the drug's safety, while possibly misrepresenting or concealing published evidence showing harmful side effects.

The lawsuit demands restitution to the state, plus interest, for all state program payments for Vioxx. It also seeks civil money penalties of up to $10,000 per violation.

To learn more about the suit:
- read this South Florida Business Journal piece

Related Articles:
Despite safety issues, Vioxx still in demand
Merck settling Vioxx claims for $4.85B

South FL is capital for MDs without malpractice insurance

Anne Zieger — Mon, 28 Jul 2008 20:07:55 -0400

Thanks in part to a state law letting physicians go without malpractice insurance, South Florida has become the nation's capital for doctors who have chosen to "go bare," experts say. Almost one-quarter of doctors in the region's Broward and Palm Beach counties and more than one-third in the Miami area opt out of malpractice insurance, according to a state physician database. This is double the rate of physicians without medical malpractice insurance in 2003.

Unlike other states, Florida has let its doctors go without malpractice for decades, though chiropractors, podiatrists, midwives, some nurses, acupuncturists and optometrists are required to carry such insurance. Doctors were exempted in an effort to spare them high insurance premiums, which currently run as high as $50,000 a year for family doctors and more than $200,000 per year for high-risk specialists. Critics of the law, meanwhile, say that the opt-out rule makes it unlikely that patients can collect enough money to cover their losses if they are injured by a physician.

Since the law allowing doctors to skip med mal insurance has passed, legislators passed a measure capping pain-and-suffering awards to $500,000 for injuries or $1 million in cases resulting in death. Once the law was enacted, premiums have gone down yearly by less than 10 percent. Still, Florida's premiums are the nation's highest, according to a national survey.

To learn more about Florida's med-mal situation:
- read this South Florida Sun-Sentinel piece

Related Articles:
CO considers raising medical malpractice caps
NC will limit some medical malpractice awards
Doctor's blog kills malpractice defense
San Francisco agrees to $5M medical malpractice settlement

ALSO NOTED: FL hospitals spend $2.35B on uncompensated care; MN HMO gets $6 million bailout; and much more...

Tue, 22 Apr 2008 06:59:50 -0400

> Florida's hospitals have tagged their uncompensated care tab for 2006 at $2.35 billion. Article
> A Minnesota county's HMO plan for the needy has gotten a $6 million bailout intended to keep it in compliance with state law and help it meet minimum reserves levels. Article

> A new report suggests that better staff training could head off many medical data privacy violations. FierceHealthIT

> Increasingly, pharmacy benefit managers are becoming sole distributors for some pricey nice drugs, a practice which lines their pockets but could contribute to drug pricing increases, observers say. FiercePharma

And Finally... Unfortunately, soldiers lose limbs in battle zones--but can those limbs be regrown? The Pentagon thinks the answer might be "yes." Article

FL court says state BCBS plan must pay pathologists

Mon, 21 Apr 2008 06:59:57 -0400

After a protracted legal battle, a court of appeals has ruled that Blue Cross Blue Shield of Florida must pay a group of pathologists. The case, one of 11 similar actions, upholds a jury decision to award $1.5 million to the physicians of Palmetto Pathology Services, which provides diagnostic testing for two South Florida hospitals. The dispute dates to 1999, when the health plan decided it would stop paying the pathologists a professional fee and would only pay for lab bills. BCBS of Florida now plans to appeal the decision to the state Supreme Court.

To learn more about the case:
- read this article from The Miami Herald

Related Articles:
BCBS of California set to cut physician payments
Blues reach $128M settlement with MDs
GA docs sue Blue plan over law

FL bill would limit liability for ED docs

Wed, 19 Mar 2008 07:59:56 -0400

Some Florida legislators are trying to ease the shortage of on-call physicians by limiting their malpractice liability exposure. The bill would make healthcare workers "agents of the state" when they're treating emergencies, and its protection would extend to doctors, nurses, paramedics and hospitals. Malpractice awards in this situation would be capped at $200,000, unless the state legislature agreed to raise the limit in an individual case (which has about a snowball's chance in Florida of happening). Right now, without such protection, hospitals must pay some hefty dollars to doctors if they want them to be on call.

Not surprisingly, the bill is very popular with doctors and hospitals. Meanwhile, some critics say that it's not ideal because, for one thing, it won't bring doctors back in droves to ED work (given they have other reasons for not wanting to be on call). Worse, it could open the door to limiting liability in non-emergency cases, critics say. Still, the bill has sponsors in both the state Senate and House, so it actually could pass.

To learn more about the bill:
- read this St. Petersburg Times piece

Related Articles:
On-call payments for ED coverage challenged. Report
MA hospitals bow to on-call pay trend. Report
Trend: On-call shortage closing trauma departments. Report
SPOTLIGHT: Send in the "surgicalist." Report

ALSO NOTED: FL medical records sold in Utah surplus store; Another retail clinic operator closes its doors; and much more...

Thu, 13 Mar 2008 07:59:50 -0400

> Big "oops!"...Somehow, a box of medical records from Florida got sold in a Utah surplus store this week. Article

> It looks like another retail clinic operator has hit the skids. Medical Marts, which operated three clinics in the Chicago metro, has closed its doors. Article

> So how did an aging, memory problem-ridden Miami surgeon linked to multiple patient deaths keep his license? Critics want to know. Article

> Not surprisingly, Pennsylvania hospitals targeted by a proposed revenue tax aren't exactly thrilled with the idea. Article

And Finally... Archaeologists have found evidence of brain surgery performed on a young woman almost 2,000 years ago. Article

Florida expands patient access to medical records

Mon, 10 Mar 2008 07:59:56 -0400

A Florida state Supreme Court decision has given patients access to medical error and incident reports prepared by providers, overturning legislation that had limited such access. As things stood in Florida, patients had access to a wide range of records compiled by providers, including documents created for or by peer review committees, which were created prior to Nov. 2, 2004, the date when a state constitutional amendment opening such access was created. However, after that date the Florida legislature created laws limiting such access.

Now, the state Supremes have said that the law limiting access violated the constitutional amendment voted in by consumers. The court not only gave patients access to documents created after the amendment, but also those created before it was enacted. The Florida Hospital Association is not thrilled by this, of course. No word whether they or other providers intend to fight the ruling further.

To learn more about the decision:
- read this Modern Healthcare piece (reg. req.)

Related Articles:
RI lawmakers propose medical error tracking system. Report
HHS proposes confidential medical error reporting. Article
Indiana tracks serious medical errors. Report
HealthGrades highlights medical error issue. Report

FL hospitals face legal issues as PIP comes back

Fri, 12 Oct 2007 06:59:54 -0400

As we've reported here previously, Florida hospitals were distressed when it looked like the state's personal-injury protection law was going to expire. Luckily for them, the state did go ahead and reinstate the law, which requires motorists to carry insurance covering parties injured in accidents regardless of fault. The reinstatement is a big financial break for hospitals, which could have faced costs of $140 million a year to care for uninsured accident victims.

That being said, for the next two and a half months, motorists won't be required to carry PIP. Instead, the driver responsible for the accident will be required to pay for care of the injured. Hospitals say that to recoup their costs, they're probably going to end up embroiled in legal disputes between drivers over fault in the accident. Sure, this is a brief stretch, but it still sounds ugly--and costly.

To learn more about the PIP law fallout:
- read this Modern Healthcare article

ALSO NOTED: Hospitals back governor's reform plan; Texas insurer lowers med mal premiums; and much more...

Fri, 07 Sep 2007 06:59:50 -0400

> The state's hospital industry has come out in favor of Gov. Arnold Schwarzenegger's health reform plans. Article

> The largest medical malpractice insurer in Texas has lowered its rates. Article

> Florida hospitals continue sound alarms over the possible consequences if the state's no-fault auto insurance law is allowed to sunset. Article

> An attorney whose job it was to distribute the assets of a failed Pennsylvania hospital has filed suit to recover additional assets. Article

> A St. Louis health system has begun offering its employees a "personal health record" to help them self-manage their care. FierceHealthIT

And Finally... I always knew toddlers were shrewder than they looked. Article

Fla. providers, insurers fight no-fault expiration

Mon, 20 Aug 2007 06:59:55 -0400

Right now, it's beginning to look like a Florida law requiring state citizens to carry medically-related auto insurance is going to go away. The situation has prompted a group of the state's providers, health insurers, auto insurers and first responders to fight for keeping the law.

Right now, Florida drivers must buy at least $10,000 in personal injury protection, which pays medical bills resulting from auto accidents. However, the law requiring this may expire Oct. 1. The Florida Hospital Association says such an expiration could be a "prescription for disaster," as it could leave its members with more uncollectible bills from patients who now have no means to pay. Meanwhile, the state's Blue Cross/Blue Shield plan worries rates will need to go up to cover new accident-related claims.

To learn more about the problem:
- read this piece from The Miami Herald

Related Articles:
Florida hospitals could lose $209 million. Report
HCA hospitals strike Fla. union deal. Report
Fla. health system settles Medicare fraud charges. Report