California Appellate Districts
ELDER LAW, HEALTH LAW, LABOR & EMPLOYMENT LAW Cash v. Winn, No. D058657 In a suit for overtime wages brought by an in-home caretaker who was not a licensed or trained nurse, judgment in favor of the plaintiff is reversed, where: 1) the plaintiff performed the duties of a personal attendant and did not spend more than 20 percent of her weekly work time performing other duties, and so was exempt from overtime; and 2) a "regular administration of health care services" exception does not exist under California law as applied to a household employee who is not licensed or trained to perform nursing or other medical services
ADMINISTRATIVE LAW, CONSTITUTIONAL LAW, ETHICS & DISCIPLINARY CODE Sulla v. Board of Registered Nursing, No. A132699 In a case in which the Board of Registered Nursing took disciplinary action against a licensee who was convicted of a misdemeanor after he caused a single-car accident while driving with a blood alcohol level in excess of the legal limit, the judgment of the superior court disagreeing with the Board is reversed, where: 1) Business and Professions Code section 2762 comports with due process and supplies a basis for discipline even in the absence of a finding of professional unfitness in a particular case; and 2) the fact that an ALJ found that the licensee's conduct was not substantially related to his professional qualifications could not be used to circumvent the conclusive presumption that the conduct described by section 2762 amounted to unprofessional conduct
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United States Ninth Circuit, 05/10/2012 US v. Zhou, No. 10-50231 In a prosecution of a former research assistant at the University of California at Los Angeles Health System for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA) by accessing patient records without authorization after his employment was terminated, the district court's denial of a motion to dismiss the information is affirmed, as the HIPAA provision at 42 USC section 1320d-6(a)(2) is not limited to defendants who knew that their actions were illegal, but rather requires only that the defendant know that he or she obtained individually identifiable health information relating to an individual, so the information satisfied the requirements of both the Due Process Clause and Federal Rule of Criminal Procedure 7.
Court of Appeals of New York, 05/08/2012 Matter of New York City Health and Hospitals Corp., No. 64 In a case in which the New York State Commission of Correction issued a subpoena duces tecum to a hospital to produce its records respecting its care and treatment of a inmate in the custody of the City of New York who later died, the quashing of the subpoena is reversed, where: 1) an exception to physician-patient privilege was necessary to accommodate the legislature's express provisions detailing the Commission's responsibilities and powers, particularly with respect to investigating inmate deaths through its Medical Review Board; and 2) the Health Insurance Portability and Accountability Act privacy rule did not prohibit disclosure of the sought records
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