AHLA False Claims Act & The Health Care Industry: Counseling & Litigation (AHLA Members)
Significant events have occurred regarding the government's enforcement and administration of the False Claims Act (FCA) that are outlined in this Fourth Edition of False Claims Act & the Health Care Industry.
Select a format
Select subscription type
Terms & conditions
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing email@example.com; or returning the invoice marked "CANCEL".
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
The total price includes the product(s) listed in the Order Form and any Updates for a limited period (minimum period of 30 days) after the order is placed ("Order Window"). Shipping and handling fees are not included in the grand total price.
All shipments may be returned, at subscribers' expense, for full credit of the Price within 30 days of receipt.
Shipments may not be returned, and no credits will be issued, more than 30 days after receipt.
After the Order Window, subscribers will receive notice of Updates along with the then-current grand total price and order process as Updates become available. Subscribers will only be shipped those Updates they specifically request.
If you are not an AHLA member and would like to purchase this title, click here.
View a sample of this title using the ReadNow feature
In this Fourth Edition of False Claims Act & the Health Care Industry, author Robert S. Salcido incorporates his analysis of recent applications of the law by federal district courts, circuit courts of appeal, the United States Supreme Court, and relevant federal agencies through January 21, 2022. Areas of evolving False Claims Act (FCA) interpretation include:
- What link must exist where an alleged FCA violation is based on an alleged violation of the Anti-Kickback Statute
- The necessity that relators alleging a corporate-wide scheme furnish corporate-wide proof
- Application of the FCA's statute of limitations tolling provision to relators
- Whether claims are false when alleged facts are consistent with both misconduct and an obvious alternative explanation in accordance with the law
- Whether a false implied representation must be linked to specific codes and factual representations on the claim form
- Whether a case should be dismissed if a plaintiff relies on subregulatory guidance to establish falsity
- How courts have applied a “holistic” test to determine whether a false representation is material to the government's determination to pay
- Whether relators can pursue additional claims against the defendant once the government intervenes
- What the government must show to dismiss qui tam actions over a relator's objection
- Updates to the Health Care Fraud Self-Disclosure Protocol
- And more
This comprehensive reference is intended to assist health care lawyers, accountants, executives, and other professionals assess a health care company's potential exposure to liability, evaluate the exposure of companies that may be acquired, and reform company practices to reduce the risk of potential FCA liability.
The ISBN for the 3rd Edition was 9780769884578.
eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® service for further legal research options. A valid subscription to Lexis+ is required to access this content.
Published June, 2022
Table of contents
Recent Titles from the American Health Law Association Preface
About the Author
About the American Health Law Association Scope
Second Edition Acknowledgements
Part 1 False Claims Act History
Chapter 1:00 Congressional Goals in Passing and Amending the Statute
Chapter 1:01 The 1863 Act and Its Immediate Aftermath
Chapter 1:02 The 1943 Act
Chapter 1:03 Case Law Developments Before the 1986 Amendments
Chapter 1:04 The 1986 Act
Chapter 1:05 The 2009 False Claims Act Amendments
Chapter 1:06 The 2010 Amendments to the False Claims Act
Part 2 Application of the False Claims Act Substantive Provisions
Chapter 2:00 Substantive Provisions of the False Claims Act: An Introduction
Chapter 2:01 The Meaning of "Person" Under the False Claims Act
Chapter 2:02 The Meaning of "Cause" to Present a False or Fraudulent Claim
Chapter 2:03 False or Fraudulent Under the FCA
Chapter 2:04 An FCA "Claim," "Record," or "Statement" and Presentment Under
Subsections 3729(a)(1)(A) and (a)(1)(B)
Chapter 2:05 Knowledge Under the False Claims Act
Chapter 2:06 Materiality
Chapter 2:07 Conspiracy
Chapter 2:08 Reverse False Claims
Part 3 Civil Actions for False Claims
Chapter 3:00 Qui Tam Provisions: An Introduction
Chapter 3:01 Responsibilities of Attorney General—Section 3730(a)
Chapter 3:02 Actions by Private Parties—Section 3730(b)
Chapter 3:03 Rights of the Parties in Qui Tam Actions—Section 3730(c)
Chapter 3:04 Award to Qui Tam Plaintiff—Section 3730(d)
Chapter 3:05 Section 3730(e) Bars to Qui Tam Actions—Section 3730(e)
Chapter 3:06 Expenses and Fees for Which the Government Is Responsible
Chapter 3:07 Whistleblower Retaliation Provision—Section 3730(h) Establishes a Prima
Chapter 3:08 Discovery in Relator-Only Lawsuits
Chapter 3:09 Application of Fed. R. Civ. P. 9(b) to the False Claims Act
Part 4 Damages and Civil Penalties
Chapter 4:00 The Computation of Damages and Civil Penalties Under the FCA: An
Chapter 4:01 Pre-1986 Cases Regarding the Scope of Damages Under the FCA
Chapter 4:02 The 1986 Legislative Amendments
Chapter 4:03 FCA Damages: Principles and Proof
Chapter 4:04 Practice Areas Raising Damage Issues
Chapter 4:05 Civil Penalties
Chapter 4:06 Constitutional Limitations on Civil Penalties
Part 5 False Claims Act Procedure and Jurisdiction
Chapter 5:00 Introduction
Chapter 5:01 False Claims Procedure
Chapter 5:02 FCA Jurisdiction
Part 6 Civil Investigative Demands
Chapter 6:00 CIDs: An Introduction
Chapter 6:01 CIDs as Administrative Subpoena
Chapter 6:02 Compliance with the Terms of Section 3733
Chapter 6:03 Relevance and Undue Burden
Chapter 6:04 Bad Faith and Abuse of Process
Chapter 6:05 Responding to the CID
Part 7 The Voluntary Disclosure Program
Chapter 7:00 Submitting a Voluntary Disclosure: An Introduction
Chapter 7:01 The Operation of the Inspector General's Voluntary Disclosure Program
Chapter 7:02 The Benefits and Risks Associated with Voluntary Disclosures
Chapter 7:03 Settling the Matter Table of Cases