A Grossly Negligent Claim Isn’t a False Claim

You have to feel sorry for whistleblower Darilyn Johnson.  The former billing clerk thought she had a sure-fire, double-barrel False Claims Act (FCA) case against the medical clinic that fired her. Barrel one was her basic FCA case.  Darilyn could prove that when the allergy clinic filled out its Medicare …

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Eighth Circuit Rejects Hospice’s Fifth Amendment Plea

But not the Fifth Amendment plea you’re thinking of.  It was the takings clause, not the self-incrimination clause, that Southeast Arkansas Hospice (SAH) was pleading.  And the Eighth Circuit wasn’t buying it. Medicare caps the annual reimbursement a hospice may receive.  The program requires repayment …

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Health Care Fraud and Abuse Enforcement Priorities in Minnesota

United States Attorney for the District of Minnesota, Andrew Luger, spoke at a public event on March 3, 2016, at Mitchell-Hamline School of Law on the topic of health care fraud & abuse enforcement priorities in Minnesota. Luger began the discussion explaining the resource shortage issue in the white collar …

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FTC Recommends Giving APRNs Full Access to the Prescription Pad

Groups or providers hoping to ease state-mandated supervision requirements and other restraints on advanced practice registered nurses (APRNs) received a boost from the Federal Trade Commission (FTC or Commission) this week when it recommended a state legislature consider removing regulatory hurdles imposed on …

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FTC Supports Easing Dental Hygienist Restrictions, Increasing Access to Underserved

The Federal Trade Commission (FTC or Commission) released a statement on January 29 in support of a Georgia state bill that would further relax supervision requirements for dental hygienists. The proposed bill would expand the safety-net settings where Georgia dental hygienists may work without the direct …

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Texas Telemedicine Provider Survives Another Round

Teledoc, a telehealth services provider looking to do business in Texas, continued its winning streak in Texas federal court: on Monday, a judge rejected the Texas Medical Board’s motion to dismiss Teledoc’s antitrust challenge to the Board’s new rule requiring a “face-to-face visit or in-person …

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