AHLA False Claims Act & The Healthcare Industry: Counseling & Litigation, Second Edition with 2012 Cumulative Supplement (AHLA Members)

AHLA False Claims Act & The Healthcare Industry: Counseling & Litigation, Second Edition with 2012 Cumulative Supplement (AHLA Members)

American Health Lawyers Association; Robert S. Salcido, Esq.

Availability: In Stock
Publisher :AHLA

Available Formats:

Available Formats

BOOK

Electronic book:epub ,for e-readers, including Adobe® Digital Editions, Apple® iPad®, SONY® Reader

Electronic book:mobi ,for Mobipocket readers including Amazon® Kindle®

BOOK

Detail

Quantity:

$174.00

ISBN:9781422443156
02/2008 | See description and further details below

Electronic book:epub

Detail

Quantity:

$174.00

Electronic book:mobi

Detail

Quantity:

$174.00

ISBN:9780327175292
| See description and further details below

If you are not an AHLA member and would like to purchase this title, click here.
Significant events have occurred regarding the government's enforcement and administration of the False Claims Act (FCA) in the last few years. The government has continued to negotiate major settlements against healthcare entities. And the courts have issued numerous decisions that impact the manner in which healthcare businesses are organized and operated. In November 2011, the Department of Justice announced that since the FCA was substantially amended in 1986, it had recovered more than $30 billion under the FCA, and in 2011, it recovered $3 billion, of which $2.4 billion was from health-related FCA cases. With these recent developments in FCA litigation and the rapidly developing case law, you will need the Second Edition of False Claims Act & the Healthcare Industry and the 2012 Cumulative Supplement (For information on or to purchase this Supplement, click here.) This authoritative treatise will keep you up-to-date on the latest FCA developments so that you can more effectively advise your client on how to assess their company's potential exposure to liability, evaluate the exposure of companies that they may acquire, and reform company practices to reduce the risk of potential FCA liability.
EXPERT ANALYSIS: THE ELEMENTS THAT CREATE LIABILITY UNDER THE FCA
• What does it mean to "Present or Cause to Present" a false claim?
• How do courts determine whether a claim is "False or Fraudulent"?
• How does one "know" under the FCA, that a claim is "False"?
• When is a claim "Material" to the government's determination to pay?
LEADING DEFENSES THAT RESULT IN THE DISMISSAL OF QUI TAM ACTIONS
• When are lawsuits barred under the FCA public disclosure bar?
• What must the whistleblower prove to show that she qualifies as an "original source"?
• Under what circumstances do courts dismiss actions for failure to state fraud with specificity under Fed.R.Civ.P.9(b)?
• Under what circumstances does a plaintiff fail to show that defendant submitted a "false" claim or statement under the FCA?
• Under what circumstances does a plaintiff fail to establish that the defendant "knew" that a claim wa false or fraudulent?
FCA DAMAGES
• How do courts compute FCA damages in Healthcare upcoding cases and in cases alleging a violation of the FCA because of a violation of the Anti-Kickback or Stark Law?
• What are the limits courts may impose on the government's or whistleblower's ability to recover FCA damages?
FCA STATUTE OF LIMITATIONS
• How do courts compute the FCA statute of limitations?
VOLUNTARY DISCLOSURES TO THE OIG
• Under what circumstances should a company consider submitting a voluntary disclosure?
• What is the process underlying the submission of a voluntary disclosure?
• What are the potential benefits and risks associated with submitting a voluntary disclosure?
THE FCA WHISTLEBLOWER RETALIATION PROVISION
• What does a retaliated against "whistleblower" need to prove to obtain damages from the employer?

The eBook versions of this title feature links to Lexis Advance for further legal research options.

TABLE OF CONTENTS

FALSE CLAIMS ACT HISTORY

APPLICATION OF THE FALSE CLAIMS ACT
Meaning of specific terms under the FCA materiality; conspiracy; reverse false claims.

QUI TAM PROVISIONS
Actions by private parties; rights of the parties in qui tam actions; award to qui tam plaintiffs; Section 3730(e) jurisdictional bar; expenses and fees for which the government is responsible; whistleblower retaliation provision; discovery in relator-only lawsuits.

DAMAGES AND CIVIL PENALTIES
Legislative amendments; principles and proof of FCA damages; practice areas raising damage issues; constitutional limitations on civil penalties.

FALSE CLAIMS ACT PROCEDURE AND JURISDICTION
Service of subpoena; statute of limitation; burden of proof.

CIVIL INVESTIGATIVE DEMANDS
As administrative subpoena; responding to the CID.

THE VOLUNTARY DISCLOSURE PROGRAM
Submitting a voluntary disclosure; operation of the Inspector General's voluntary disclosure program; benefits and risks associated with voluntary disclosures; settling the matter.

TABLE OF CASES

INDEX

Robert S. Salcido

Robert S. Salcido is a partner with Akin Gump Strauss Hauer & Feld, LLP in the Washington, D.C. office. He has represented Fortune 500 companies and major nonprofit healthcare systems in responding to governmental investigations, conducting internal investigations, defending lawsuits filed under the False Claims Act and defending wrongful retaliation lawsuits brought by alleged whistleblowers. Mr. Salcido also provides counseling regarding the application of healthcare fraud and abuse laws.

Mr. Salcido was a trial attorney with the U.S. Department of Justice in the Civil Fraud Unit from 1988 to 1993. He prosecuted cases under the False Claims Act, handled cases under the FCA's voluntary disclosure provisions and specialized in whistleblower actions brought under the qui tam provisions of the FCA.

Mr. Salcido has authored books and articles on the False claims Act and healthcare fraud and abuse issues. He has lectured extensively on defenses to False Claims Act actions, healthcare coding compliance, and False Claims Act whistleblower litigation. He is routinely listed as a leading practitioner in this area in legal publications that rank attorneys based upon client surveys. Mr. Salcido received his B.A. from Claremont McKenna College in 1984 and his J.D. from Harvard Law School in 1988. He is a member of the American Health Lawyers Association and the District of Columbia Bar.

Robert S. Salcido

American Health Lawyers Association (AHLA)

Leading health law to excellence through education, information, and dialogue, the American Health Lawyers Association (AHLA) is the nation's largest, nonpartisan, 501(c)(3) educational organization devoted to legal issues in the healthcare field. AHLA provides a wide variety of resources to address the issues faced by law firms, government, in-house counsel and academia and those who represent the entire spectrum of the health industry.

Printable Reviews

The item you are trying to order is restricted to a quantity of 1 per order. Please complete the current order and place a new order for additional copy.

We are currently experiencing difficulties in adding this product to the cart. Please contact customer support at 1-800-543-6862 for assistance. You may continue to shop for other products in the store.