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California Supreme Court Decides Wilson v. CNN: Court Rules No Categorical Exception to Anti-SLAPP Review for Discrimination and Retaliation Claims and Provides Encouragement for the Continued Use of Anti-SLAPP Motions in the Peer Review Context

On July 22, 2019, the California Supreme Court issued its long-awaited opinion in Wilson v. CNN.1  The primary question before the court concerned the application of the anti-SLAPP statute, Civil Procedure Code Section 425.16, to employment, discrimination, and retaliation claims.  The factual scenario before the court involved a journalist who alleged that his employer, CNN, … Continue Reading

California Supreme Court to Issue Opinion on Monday, July 22 in Anti-SLAPP Case Affecting Pending Peer Review Cases and Peer Review Defense to Meritless Lawsuits

On May 7, 2019, the California Supreme Court heard oral arguments in Wilson v. Cable News Network, Inc., et al., where plaintiff was a producer at CNN who sued the media giant for employment discrimination, retaliation, wrongful termination, and defamation after he was terminated for alleged plagiarism.  Wilson is of particular importance to the healthcare … Continue Reading

Is There A Nurse Practitioner In the House? Doctor Supervision Not Required Under Certain Conditions With New Proposed Legislation

It is well-documented that California is facing a shortage of primary care providers.  The Californians most affected by these shortfalls are largely low-income, Latino, African American, and Native American and located in rural areas as well as in California’s largest and fastest-growing regions—the Inland Empire, Los Angeles, and the San Joaquin Valley.  Newly-proposed legislation aims … Continue Reading

$3.8 Million Awarded to Physician Serves as Important Reminder About Fair Hearing Rights

In a decision affecting California hospitals, medical groups, medical staffs, and physicians, the California First District Court of Appeal has concluded that a physician’s notice and hearing rights apply to situations where a hospital directs a medical group of a “closed” department to remove a physician from the hospital schedule. In Economy v. Sutter East … Continue Reading

Hold the Pickle—and the Meal Break: California Supreme Court Holds That Healthcare Workers May Voluntarily Waive Second Meal Period Even When Shifts Last More Than 12 Hours

In a decision that facilitates flexible staffing practices for healthcare employers, the California Supreme Court recently held that healthcare workers can legally waive a second meal period when they work shifts longer than 12 hours. Gerard v. Orange Coast Mem’l Med. Ctr., 430 P.3d 1226 (Cal. 2018). The high court’s decision finally and conclusively resolves … Continue Reading

New California Law Will Require Practitioners to Disclose Probation to Their Patients

On September 19, 2018, Governor Jerry Brown signed into law the “Patient’s Right to Know Act of 2018” (SB 1448), which will require practitioners to notify their patients when they are placed on probation on or after July 1, 2019 for the following offenses: The commission of any act of sexual abuse, misconduct, or relations … Continue Reading

Avoiding Medical Board Discipline when Prescribing Opiates

There is a host of new, ever changing, and conflicting guidelines from a multitude of regulators and academic societies. This evolving and uncertain landscape is making the life of a practicing pain physician in the midst of today’s nationwide opiate epidemic…painful. Here are 10 tips to help you avoid Medical Board discipline when prescribing opiates:1 … Continue Reading

Mandatory CURES Use Begins October 2, 2018

Starting October 2, 2018, health care practitioners authorized to prescribe, order, administer, or furnish a controlled substance must query, or consult, the Controlled Substance Utilization Review and Evaluation System (CURES) database and run a Patient Activity Report (PAR) on each patient the first time the patient is prescribed, ordered, or administered a Schedule II-IV controlled … Continue Reading

Is Your Hospital Compliant With the Revised Joint Commission Standards for Pain Assessment and Management?

On January, 1, 2018, The Joint Commission’s (“TJC”) new and revised pain assessment and management standards go into effect for TJC accredited hospitals. The changes to the standards stem from a review commenced by The Joint Commission in 2016 to bring the preceding accreditation standards into alignment with leading practices in pain assessment and management, … Continue Reading
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