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Documentation and Provider Standards Training

American Medical Compliance

The following Documentation and Provider Standards Training educates healthcare providers on the significance of documentation compliance in healthcare. It also provides an introduction to all things related to healthcare compliance, which is important for all healthcare facilities to know about.

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Mind Games: SCOTUS to Rule on what “Knowing” Means under the False Claims Act 

Health Law RX

In such cases, a defendant is typically accused of falsely attesting to compliance with conditions of payment or other requirements under government programs. In these cases, the relator is not alleging the absence of a product or service for which the government has paid. Below, the U.S. of America v. Burr , 551 U.S.

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Supreme Court Hears Arguments on False Claims Act Scienter Standard

Healthcare Law Blog

The issue is a significant one for both the government and relators on one side, and potential defendants on the other, as False Claims Act (FCA) liability imposes treble damages and penalties exceeding $20,000 per claim as well as relators’ attorneys’ fees and costs. The Court’s questioning did not signal the likely decision.

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SCOTUS Tosses Objective FCA Scienter Standard 

Hall Render

held that the mental state required by the False Claims Act (“FCA”) refers to the defendant’s actual knowledge and subjective beliefs about the truth of claims for payment submitted to federal payors. Liability under the FCA now focuses on what a defendant actually believed about the validity of their claims at the time of submission.

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Navigating Dual Purpose Communications After SCOTUS (Almost) Weighs in on Attorney-Client Privilege: 5 Practical Tips for Healthcare Attorneys

Healthcare Law Blog

Inside and outside healthcare counsel should know that the way they guide clients through legal and business issues may need to change based on a recent Ninth Circuit case governing the protections afforded to attorney-client communications, In re Grand Jury. [1] For example, consider physician compensation. Are bonuses involved?

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How the Fifty States View Electronic Data as a “Product”

Drug & Device Law

We have blogged several times about the somewhat esoteric issue of whether intangible items – chiefly computer software, website algorithms, and other electronic information – is treated as a “product” for purposes of imposing strict liability on their creators. 2007 WL 2460776, at *6 (D. 2007 WL 218242, at *4 (N.D. at 1291-92.

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Suing the Certifiers – A Dangerous Undertaking

Drug & Device Law

Recently, we have become concerned about personal injury plaintiffs deciding to sue these kinds of organizations because they don’t like some standard that stands between them and the pot of gold at the end of the litigation rainbow. Furthermore, trade associations often serve to assist the government in areas that it does not regulate.

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