Health-law.com

Medicare Beneficiary May Sue HMO,
In this Issue:
State High Court Rules
man’s complaint alleges a claim “arising McCall v. PacifCare of California. Greater Newport Physicians, Inc. (GNP).
to refer the man to a specialist for a lung strengthened, the court said, by the Bal- enacted the Medicare+Choice program.
lung transplant paid for by Medicare.
constructive fraud, and intentional inflic- exclusively as a psychiatric hospital.
court’s orders,” the court said.
pressant Anafranil. None of theRedbud physicians who examined ries on an ad hoc basis,” he said.
Failure To Diagnose
Emergency Is Not
EMTALA Violation
in state court, which is still pending.
The FHA/HUD 242 Program
A New Capital Financing Opportunity for California Hospitals
For many years, the Federal Housing Adminis- Topics covered in the program will include: tration (FHA) has helped hospitals outside of basics, qualification and the application process California access financing for capital projects, atfavorable rates, through its HUD 242 mortgage insur- Now, thanks to recently approved California reg- ulations, the FHA/HUD 242 program is being made available to California non-profit, proprietary andpublic acute care hospitals. Funds secured through this program may be used to enhance a hospital’s John Whitehead, Operations Officer, HUD Of- credit rating for a wide variety of taxable or tax-ex- empt bond and other real estate secured financings.
Dale A. Flournoy, Deputy Director Cal-Mort- The FHA program, which enhances participat- ing hospital’s creditworthiness and thereby enablesthem to obtain very favorable interest rates, repre- Todd E. Swanson, Transactional specialist and sents a very important development for many Cali- fornia hospitals. Some key characteristics of the No limit on the amount of loan that can be insured Peter A. Schnieper, Hospital Transactions No aggregate cap on the funds FHA will insure FHA insures 99 percent of the loan amount Gary J. Goldberg, Summit Financial Group, LLC The half-day seminar will be held June 11, 2001 at One-time fees total 0.8 percent of the loan the Westin Los Angeles Airport, 5400 West Century Blvd. Registration will begin at 8:00 a.m. The program The fixed annual premium ins 0.5 percent of the will run from 8:30 to 12:15, with a $50 fee per person.
Seating is limited, so please fax your completed Loan to loan value may be up to 90 percent.
form to (310) 551-8181 or mail the form with yourcheck payable to Hooper, Lundy & Bookman, Inc., by California Health Law Monitor and Hooper, Lundy June 1 to FHA/HUD Mortgage Insurance Program,
& Bookman and the California Healthcare Association c/o Hooper, Lundy & Bookman, Inc., 1875 Century are sponsoring a half-day seminar to provide hospital Park East, Suite 1600, Los Angeles, CA 90067.
executives with an overview of the new program, a dis-cussion of issues hospital face in securing financing and If you have questions regarding the seminar, the accompanying regulatory and legal components of please contact Sharon Lee or Todd Swanson at (310) Name ______________________________________________________________ Firm Name _________________________________________________________ Address ____________________________________________________________ State ______________ ZIP ______________ Phone _______________________ Hooper, Lundy & Bookman, Inc., is a State Bar of California-approved MCLE provider. Hooper, Lundy & Bookman certifies that this has been approved for MCLE credit by the State Bar of California. CALENDAR
HLB Attorney Linda Kollar addresses Medical Educational Services in Diego on the topicof Mental Health and the Law: Responding to Subpoenas, Court Orders and Law Enforcement. HLB Attorneys Gina Reese and Jodi Berlin present two sessions at the annual conference of the California Association for Health Services at Home. Topics include Corporate Compliance, Synopsis of Stark II, Advanced Directives, CLAS. HLB Attorney Linda Kollar addresses the Child Welfare League of America in Denver on the topic of “Reaching the Summit: Risk and Resiliency in the Foster Family Agency. HLB Attorney Ken Burgess speaks at the Ohio Assisted Living Association’s summer conference, Columbus on the topic of ADA and Olmstead. Copyright 2001 by Hooper, Lundy & Bookman, Inc. Reproduction with attribution is permitted. To request addition to or removal from our mailing list contact Sharon Lee at
Hooper, Lundy & Bookman, Inc., 1875 Century Park East, Suite 1600, Los Angeles, CA 90067, phone (310) 551-8109. Health Law Perspectives is produced monthly, 10 times
per year and is provided as an educational service only to assist readers in recognizing potential problems in their health care matters. It does not attempt to offer solutions to in-
dividual problems but rather to provide information about current developments in California and federal health care law. Readers in need of legal assistance should retain the
services of competent counsel. Occasionally articles produced in Health Law Perspectives, will reference California Health Law Monitor, a biweekly publication covering legis-
lation, litigation and regulation. For more information on California Health Law Monitor, contact M. Lee Smith Publishers at (800) 274-6774.

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