Healthcare Fraud & Abuse Newsletter

  • Creating Private-Sector Standards of Conduct

    Whether certain conduct is a crime depends on more than legislatures, judges, and juries. When prosecutors decide whether, whom, and what to charge, the policies underlying their decisions create operative standards of conduct. So, too, do those of agencies administering regulatory programs backed by criminal sanctions. But what about the private sector? Sensible standards of conduct articulated by trade associations can and should play a substantial role in drawing the line between acceptable business practices and bad conduct that can be subject to criminal sanctions.

    May 01, 2003Richard M. Cooper

  • In The Spotlight

    On March 28, 2003, Tommy G. Thompson, Secretary of the United States Department of Health and Human Services (HHS), announced the publication of a proposed draft guidance to protect human-research subjects from the risks of harm possibly arising from researchers' financial conflicts of interests.

    April 01, 2003Michael E. Clark

  • Cases in Court

    Guilty pleas have been entered for the first time under new Sarbanes-Oxley Provisions. On April 5, 2003, The New York Times reported that Richard Scrushy, former Chief Executive Officer for HealthSouth Corporation, the largest provider of diagnostic imaging, outpatient surgery, and rehabilitation services with locations in 50 states and abroad, has been targeted by regulators for allegedly helping to overstate the company's earnings by more than $2 billion during the past 6 years.

    April 01, 2003ALM Staff | Law Journal Newsletters |

  • The Chandler Decision: What It Means

    In March, the United States Supreme Court issued a decision in a False Claims Act case that has been closely watched by public and private entities alike. See Cook County v. United States ex rel. Chandler, 123 S. Ct. 1239 (2003). This article is intended to put that decision in perspective, to help readers understand what Chandler actually holds, and to reflect upon the future of False Claims Act litigation in the wake of Chandler and other recent Supreme Court decisions on punitive damages.

    April 01, 2003John T. Boese and Beth C. McClain

  • ASC Joint Venture Causes Concern for the OIG

    The Office of the Inspector General, in OIG Advisory Opinion Number 03-5, recently ruled whether an ambulatory surgery center (ASC) could be jointly owned by a hospital and a multi-specialty group practice that had a substantial number of physician members who would not personally use the ASC (the "Proposed Arrangement"). More specifically, the OIG was asked to provide an opinion about whether or not the Proposed Arrangement would constitute a violation of the anti-kickback statute.

    April 01, 2003Reed Tinsley