HMO Nonpayment for Emergency Services: On November 5, the California Supreme Court heard Prospect Medical Group v. Northridge Emergency Medical Group, a case determining whether current California law prohibits physicians from billing patients for the portion of their bill for emergency services which HMOs refuse to pay. CMA strongly believes that current law has no such prohibition and submitted an amicus brief in this case to that effect.

CMA attorneys and physician leaders were on hand for the oral arguments, which did not reveal which way the court was leaning. The court will issue its ruling within 90 days of the hearing.

Read CMA's brief in this case.

Physician Liability: On November 3, the United States Supreme Court heard oral arguments in Wyeth v. Levine, a case dealing with whether federal law preempts efforts by states to require stronger warnings on products. In this case, a Vermont musician had her arm amputated after she was injected by an IV push with an antinausea drug. The injection struck an artery and caused gangrene.

CMA filed an amicus brief in the case, arguing that federal preemption of failure-to-warn claims would jeopardize patient safety and expose physicians to new and unwarranted liability for pharmaceutical companies’ failures to provide them and their patients with adequate warnings. A ruling is not expected for several months.

Read CMA's brief in this case.

Contact: Samantha Pellon, 916/551-2872 or spellon@cmanet.org.