Safe Harbors Less Safe in Ohio

Posted on October 17, 2014 in Anti-Kickback Statute, Case Analysis, Legal Updates, Safe Harbor

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In a new case from the Southern District of Ohio, US_v_MillenniumRadiology, the court denied a motion to dismiss a False Claims Act suit, finding that compliance with a safe harbor could only be raised on summary judgment. The court also found that uncompensated service as a medical director could form the basis... Continue Reading →

Tags: AKS, Anti-Kickback Statute, False Claims Act, FCA, hospital, Medical Director, radiology, safe harbor

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The False Claims Act and Quality of Care

Posted on February 13, 2013 in Legal Updates

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  by David B. Honig Can the False Claims Act be used by the government or whistleblowers in quality of care cases? The Department of Justice seems to think so, based in significant part on the retention of overpayments amendments to the FCA by FERA and the PPACA. 1 If... Continue Reading →

Tags: False Claims Act, FERA, health, health care, hospital, liability, malpractice, overpayment, peer review, PPACA

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