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Protected Activity Under the FCA Requires Both a Subjectively and an Objectively Reasonable Belief of Fraud

Hall Render

Healthsouth of Sarasota Limited Partnership, et al , the Eleventh Circuit held that for a plaintiff to qualify as engaging in “protected activity,” the plaintiff must demonstrate that they had both a subjectively reasonable belief of fraud and an objectively reasonable belief of fraud. Background. Retaliation Under the FCA. 3730(h)(1).

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Settlement Agreed with Florida Children’s Health Insurance Website Contractor to Resolve False Claims Act Allegations

HIPAA Journal

The contract was renewed by FHKC through 2020, with the federal government covering 86% of the payments to Jelly Bean Communications Design. FHKC is a state-created entity that offers health and dental insurance to children in Florida between the ages of 5 and 18.

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OIG-LEIE, GSA-SAM, and State Medicaid Exclusion Lists: What’s the Difference?

Provider Trust

Exclusions are administrative actions that are placed upon an individual or entity by HHS OIG, a state agency or Medicaid Fraud Control Unit (MFCU), or by one of the many agencies associated with SAM.gov. The SAM.gov database is formerly known as the Government Services Administration’s (GSA) list of Excluded Parties List System (EPLS).

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How to Increase Your Health Plan’s CMS Star Ratings to Earn More Revenue In 2021

Innovaare Compliance

The Affordable Care Act of 2010 mandates the CMS to make quality bonus payments (QBPs) to Medicare Advantage (MA) organizations that achieve at least four stars in a 5-star quality rating system and, starting in 2012, the CMS incentivizes health plans to improve member experiences by increasing the QBP amount, based on their star rating.

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April-July 2022 State Regulatory Developments

New Jersey Healthcare Blog

Following a thorough review in compliance with Executive Order No. 907(b), the Department of Human Services, Division of Mental Health and Addiction Services readopted rules that govern the provision of mental health services at inpatient psychiatric hospital units known as short-term care facilities (STCFs). In 2012, N.J.S.A.

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Suing the Certifiers – A Dangerous Undertaking

Drug & Device Law

The unfortunate truth is that ECFMG was also a victim of this fake doctor’s fraud. So if compliance with an industry standard is a defense, this plaintiff went a step further and sued the organizations that created the standards. Furthermore, trade associations often serve to assist the government in areas that it does not regulate.

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Logical Contradiction Doctrine:  Buckman for Textualists

Drug & Device Law

470 (1996), was decided – removing express preemption as a defense for manufacturers of §510(k) products So defendants moved on fraud on the FDA under an implied preemption theory and won. Mensing , 564 U.S. Mensing , 564 U.S. Lohr , 518 U.S. Davidowitz , 312 U.S. Davidowitz , 312 U.S.

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