A recent court decision had highlighted two issues on the cutting edge of health care and False Claims Act (“FCA”) law. Both address what happens in the transition from health care advice to health care litigation. The first is the application of the attorney client privilege and the advice of counsel... Continue Reading →Tags: Advice of Counsel, CMS, commentary, False Claims Act, FCA, jury, Stark
by David B. Honig Federal regulations are an enormous morass of complex, confusing, and often contradictory rules. The 2009 Code of Federal Regulations was 163,333 pages in 226 individual books. The 2010 Federal Register, which contains new regulations proposed rules, and presidential papers, contained an additional 81,305 pages. Intended... Continue Reading →Tags: Advice of Counsel, attorney-client privilege, CFR, Code of Federal Regulations, False Claims Act, Federal Register, knowledge, mens rea, Regulations, waiver