News & Analysis as of

Emergency Rooms Motion to Dismiss

Manatt, Phelps & Phillips, LLP

Key Takeaways From the Gray v. Dignity Health Decision

On October 13, 2021, the California Court of Appeal, 1st District in San Francisco issued its opinion in Gray v. Dignity Health, 2021 WL 4771982. In a published decision that will likely control the outcome in at least six...more

Holland & Knight LLP

Failure to X-Ray Implicates Emergency Medical Treatment and Active Labor Act

Holland & Knight LLP on

The Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA) is designed to prevent patient "dumping." It applies to all individuals coming to the emergency department (ED) of a hospital that accepts Medicare...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Employees, Independent Contractors, and ERISA

This week, this Ninth Circuit once again issued a number of opinions arising from the employment relationship. Here, we focus on two of particular interest. In the first, the Court sought to unravel whether an emergency room...more

Payne & Fears

Technicalities Don't Defeat Provider Claims for Emergency Services

Payne & Fears on

Last week, the Court of Appeal gave a victory to non-contracted providers of emergency medical services. In San Jose Neurospine v. Aetna Health of California, the court rejected Aetna's position that because the provider "did...more

Holland & Knight LLP

Connecticut District Court Provides Interpretation of ACA Provision - Decision Allows Insurers to Circumvent Hospitals in...

Holland & Knight LLP on

• The ACA does not prevent insurers from declining to directly reimburse out-of-network hospitals for emergency care, and instead adjudicate and administer claims directly with individual patients, the U.S. District Court for...more

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