Recently by Ronald H. Clark
Can Primary Jurisdiction Be Asserted In False Claims Act/ Qui Tam Actions?
Given the fact that a great deal of False Claims Act (31 U.S.C. §§ 3729-33) ("FCA") litigation involves highly technical issues, such as Medicare/Medicaid billing regulations, FDA requirements, and government contracting rules, it would seem that the doctrine of...
Read MoreProving Original Source Status: The Forgotten Half
Given the enormous increase in the number of qui tam or "whistleblower" suits initiated under the False Claims Act, 31 U.S.C. §§ 3729-33 ("FCA"), a substantial amount of litigation has ensued over the somewhat cryptic language found in § 3730(e)(4)(A) & (B) regarding "public disclosure" and "...
Read MoreProposed Sentencing Guidelines Impose New Standards For Compliance And Ethics Programs
On April 30, 2004, the United States Sentencing Commission forwarded to Congress its recommendations for amendments to the Sentencing Guidelines for Organizations it first promulgated in 1991. The proposed amendments take effect November 1, 2004, unless Congress disapproves them during the upcoming...
Read MoreU.S. District Court Holds That The Federal Government Must Exhaust Administrative Remedies Pursuant To 42 U.S.C. §405 (h) Before It Can Sue Medicare Providers Under Common Law Causes Of Action
42 U.S.C. §405(h) has always posed a virtual roadblock to any efforts by health care providers to sue Medicare to remedy incorrect fiscal intermediary payment decisions or to contest other aspects of Medicare payment policy. Section 405(h) as it applies to Medicare reads: Finality of [Secretary's]...
Read More