eCourse
Healthcare Enforcement Issues (2017): Stark Law Update and Recent Trends in FCA Enforcement
Contains material from Apr 2017
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Session 2: Recent Trends in the False Claims Act and Government Enforcement - 2016 proved to be a game changer in the area of False Claims Act (FCA) litigation and government enforcement. One of the most significant events of the year was the Supreme Court’s issuance of Universal Health Services v. U.S. ex rel. Escobar, a decision that declared implied certification theory the law of the land but also established a complex and rigorous materiality standard with which lower courts will grapple for years. In addition, 2016 saw the DOJ’s implementation of the Yates Memo, the DOJ’s interim final rule doubling penalties under the FCA, the Supreme Court’s decision declaring that a whistleblower’s violation of the seal does not result in automatic dismissal, and CMS’s issuance of the final Medicare Parts A/B 60 day rule. Hear a detailed overview of these and other significant developments in the ever-evolving area of government enforcement in the healthcare industry.
Includes: Audio Paper Slides
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Donna S. Clark
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Session 1
—32 mins
Stark Law Update (Apr 2017)
Listen to an update of the statutory, regulatory, case law, administrative, and enforcement initiatives as related to the Stark Law.
Originally presented: Apr 2017 Health Law Conference
Donna S. Clark,
Baker & Hostetler LLP - Houston, TX
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B. Scott McBride, Adam Robison
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Session 2
—59 mins
Recent Trends in the False Claims Act and Government Enforcement (Apr 2017)
2016 proved to be a game changer in the area of False Claims Act (FCA) litigation and government enforcement. One of the most significant events of the year was the Supreme Court’s issuance of Universal Health Services v. U.S. ex rel. Escobar, a decision that declared implied certification theory the law of the land but also established a complex and rigorous materiality standard with which lower courts will grapple for years. In addition, 2016 saw the DOJ’s implementation of the Yates Memo, the DOJ’s interim final rule doubling penalties under the FCA, the Supreme Court’s decision declaring that a whistleblower’s violation of the seal does not result in automatic dismissal, and CMS’s issuance of the final Medicare Parts A/B 60 day rule. Hear a detailed overview of these and other significant developments in the ever-evolving area of government enforcement in the healthcare industry.
Originally presented: Apr 2017 Health Law Conference
B. Scott McBride,
Baker & Hostetler LLP - Houston, TX
Adam Robison,
King & Spalding - Houston, TX