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1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: How to find out in California what doctors are associated with hospice license? Hospice fraud case

Hospice fraud litigation. How to find out in California what doctors are associated with hospice license? Hospice records present improbable doctors info.

James L. Arrasmith
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answered on Apr 20, 2024

In California, to verify which doctors are associated with a hospice license, you can begin by contacting the California Department of Public Health (CDPH). This agency oversees licensing and compliance for health facilities, including hospices. They maintain records of all licensed hospices and... View More

1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: Is hospice required to publish on website names of affiliated doctors?

Is hospice required to publish on website names of affiliated doctors?

Is it public information?

James L. Arrasmith
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answered on Apr 20, 2024

Hospice organizations are not generally required to publish the names of affiliated doctors on their websites. Regulations can vary by state and by the policies of individual hospice providers, so it's a good idea to check with specific hospices or local health departments for the most... View More

1 Answer | Asked in Gov & Administrative Law, Health Care Law and Medical Malpractice for California on
Q: Controls and Plaintiff's action against defense of fraud.

What controls, implemented in the Californian judicial system, prevent Counsel who defends hospice fraud (by a hospital and hospice company): not to artificially prolong the case, not to oppress Plaintiff. What is the procedure that describes such controls, actions that the Plaintiff can take?

James L. Arrasmith
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answered on Apr 20, 2024

In California, there are several controls in place to prevent counsel from unduly prolonging a hospice fraud case or oppressing the plaintiff. First, the California Rules of Court encourage timely resolution of cases, and judges actively manage the timeline of each case to prevent unnecessary... View More

1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: How to find out what medical doctors were associated with the licence of hospice corporation?

How to find out what medical doctors were associated with the licence of hospice corporation?

James L. Arrasmith
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answered on Apr 20, 2024

To find out which medical doctors were associated with the license of a hospice corporation in California, you'll need to access public records or contact the relevant state regulatory agencies. The California Department of Public Health (CDPH) is responsible for licensing and overseeing... View More

1 Answer | Asked in Criminal Law, Health Care Law and Medical Malpractice for California on
Q: How to find out what doctors in reality are associated with hospice license?

Hospice fraud case. How to find out what doctors in reality are associated with hospice license?

What organization issues a hospice license?

James L. Arrasmith
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answered on Apr 20, 2024

To find out which doctors are actually associated with a hospice license, especially in cases related to potential fraud, you can start by consulting the California Department of Public Health (CDPH). This department oversees the licensing of hospice care providers in the state. The hospice... View More

1 Answer | Asked in Health Care Law for California on
Q: How to look up information associated with hospice accreditation if hospice is accredited by ACHC?

How to look up information associated with hospice accreditation (specifically doctors on the list) if hospice is accredited by ACHC?

James L. Arrasmith
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answered on Apr 20, 2024

To look up information about a hospice accredited by the Accreditation Commission for Health Care (ACHC), you can start by visiting the ACHC's official website. There, you will find resources and tools to help verify accreditation status. It's also useful to contact the ACHC directly... View More

1 Answer | Asked in Health Care Law for California on
Q: How to obtain information about doctors associated with hospice license, if CMS certification number is known?

How to obtain information about doctors associated with hospice license, if CMS certification number is known?

James L. Arrasmith
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answered on Apr 20, 2024

To find out information about doctors associated with a hospice that has a CMS certification number in California, you can start by visiting the Centers for Medicare & Medicaid Services (CMS) website. This site provides access to various data, including details about certified hospice care... View More

1 Answer | Asked in Health Care Law and Business Law for California on
Q: I want to enquire on the process for starting a health insurance company in California, the pre-requisites for alien co.

What are the relevant rules and regulations on starting a health insurance company in California. How can a startup which is from a foreign country set up its operations in this space. Please point me to the right set of resources. Thank you

James L. Arrasmith
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answered on Apr 19, 2024

Starting a health insurance company in California involves navigating a complex set of regulations and obtaining necessary approvals from the California Department of Insurance. First, you must incorporate your business in California. This involves choosing a business structure, such as a... View More

1 Answer | Asked in Criminal Law, Personal Injury, Gov & Administrative Law and Health Care Law for California on
Q: Hospice vicarious liability for independent contractors

For hospice fraud by Hospice as General stock corporation (means CEO).

Hospice as corporation bears vicarious liability for independent contractors, as applicable.

James L. Arrasmith
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answered on Apr 18, 2024

In California, a hospice operating as a general stock corporation can be held vicariously liable for the actions of its independent contractors in certain circumstances, particularly when those actions involve fraud. Here's a more detailed explanation:

1. Vicarious liability: This...
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1 Answer | Asked in Health Care Law for California on
Q: investigation and discovery of identities - CA Healthcare FCA

The legally actionable material facts are: fraudulent referral to hospice by hospital with non-existent terminal disease recorded on admission to hospital, and consequent 6-months of fraudulent hospice care, presenting evident and provable basis for the CA FCA complaint .

In such situation:... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under the California False Claims Act (CFCA), which is similar to the federal False Claims Act but specific to California, private individuals or entities can bring a qui tam action on behalf of the state against those who have allegedly defrauded the state's healthcare system. In the... View More

1 Answer | Asked in Personal Injury, Federal Crimes, Gov & Administrative Law and Health Care Law for California on
Q: Section 12651 of California FCA.

Section 12651 of California FCA is in relevance to misrepresentation of patient's health at hospital, with terminal non-existent diagnosis; fraudulent referral to hospice by hospital; and money fraudulently received by hospice from CA Medicare for hospice care.

What other California... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information provided, there are several other sections of the California False Claims Act (FCA) that may be relevant to the case involving misrepresentation of a patient's health, fraudulent referral to hospice, and fraudulent receipt of Medicare funds by the hospice. Here are... View More

2 Answers | Asked in Personal Injury, Gov & Administrative Law and Health Care Law for California on
Q: Legally false claim

Hospital committed multiple frauds, that created basis for further fraudulent assessment of patient's health. Apparent, but may be used as distracting factors in regard to non-existent terminal disease.

After discharge from hospital patient was referred by unidentified hospital... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information provided, there are several potential issues that could constitute false claims and healthcare fraud under California and federal law:

1. If the hospital knowingly falsified the patient's diagnosis and health status in order to refer them to hospice care...
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1 Answer | Asked in Health Care Law for California on
Q: Legally Actionable Fraud.

Hospital referred patient to hospice with non-existent terminal disease, recorded on admission to hospital.

Legally actionable fraud was committee by both hospital and hospice?

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, legally actionable fraud requires the following elements:

1. A misrepresentation of a material fact

2. Knowledge of the falsity of the misrepresentation (or reckless disregard for its truth)

3. Intent to induce reliance on the misrepresentation...
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1 Answer | Asked in Medical Malpractice, Health Care Law and Personal Injury for California on
Q: What are my choices if my medical clinic chooses to dismiss me on based on unfair choices by the nurse practitioners?

I had a referral that was closed for some reason and not followed up on. A few years later I am now needing to follow up but new provider did not believe that this clinic ever handled such referrals before and just outright refuses to look into it further. After many phone calls I confirmed the... View More

James L. Arrasmith
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answered on Apr 17, 2024

It sounds like you're in a difficult and frustrating situation with your medical clinic. In California, patients have certain rights when it comes to their healthcare and medical records. Here are some steps you can consider:

1. Request your medical records: Under California law, you...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Which specific California FCA statutes in relevance to hospice fraud?

In California Medicare False Claims Act.

Fraudulent misrepresentation of the patient's status of health at hospital, with non-existent terminal disease - for the purpose of fraudulent referral to hospice care.

Which specific California FCA statutes in relevance?

James L. Arrasmith
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answered on Apr 17, 2024

There are a few key California False Claims Act (FCA) statutes that would be relevant in a case of fraudulent hospice referrals and misrepresentation of a patient's health status:

1. California Government Code Section 12650 et seq. - This is the overarching California False Claims Act...
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1 Answer | Asked in Health Care Law for California on
Q: California Medicare Advantage plans are considered California State funds?

California Medicare Advantage plans are considered California State funds?

James L. Arrasmith
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answered on Apr 17, 2024

No, Medicare Advantage plans in California are not considered California state funds. Here's why:

1. Medicare is a federal program: Medicare, including Medicare Advantage plans, is a federal health insurance program administered by the Centers for Medicare & Medicaid Services...
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1 Answer | Asked in Health Care Law and Personal Injury for California on
Q: Specific requirements for filing HealthCare Medicare False Claims Act case in California Superior Court.

Case: hospice fraud, abuse of California Medicare.

What are specific requirements for filing HealthCare False Claims Act case in California Superior Court?

What rules of the Court define this process?

FCA cases are filed in chambers. What artifacts are required in addition to Complaint?

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, filing a healthcare Medicare False Claims Act (FCA) case in California Superior Court involves several specific requirements. Here are the key aspects:

1. Jurisdiction: FCA cases are typically filed in the Superior Court of the county where the defendant resides, where...
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3 Answers | Asked in Medical Malpractice, Consumer Law and Health Care Law for California on
Q: Who do I report a medical provider to that hasn’t reimbursed me for overpayment? It’s been 60 days since they’ve known.

I was charged $1280 for services from a medical provider that partners with my medical insurance on January 30, 2024. I paid the bill in full in February 2. My insurance provider notified me that with the portion they paid to the facility, I should’ve only paid $892. I contacted the medical... View More

James L. Arrasmith
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answered on Apr 17, 2024

I understand your frustration with not receiving your reimbursement in a timely manner. Under California law, health care providers are required to reimburse overpayments within 180 days of receiving notice of the overpayment (California Health and Safety Code Section 1371.1). However, many... View More

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: In this scenario, can motion to set aside dismissal of case be served by mail?

Dismissal was entered voluntarily by plaintiff. Defendant appeared at legal action prior to dismissal.

When plaintiff files motion to set aside dismissal against defendant: can it be served by mail?

James L. Arrasmith
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answered on Apr 16, 2024

In California, the method of service for a motion to set aside a voluntary dismissal depends on whether the defendant has appeared in the action prior to the dismissal.

If the defendant has appeared in the action before the voluntary dismissal, then service of the motion to set aside the...
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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for Ohio on
Q: How long will it take a lawyer to get back with you after getting your medical records?

I have been searching for a lawyer for medical malpractice case. I found one that seems promising. We had a conversation about a situation she told me how to get my medical records. I uploaded them and sent them per her request. About a week and a half later they sent me a message saying they got... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 16, 2024

It is not an usual amount of time but you must exercise care in that there are strict deadlines in which a lawsuit or other action needs to be taken and you do not want to run out of time. Therefore, you may want to ask when you will get an answer and continue searing for attorneys.

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