Your current state is Ohio
While the identity of a particular service provider may be important because of possible forgery,
it does not change facts crucial for this legal case: fraudulent referral to hospice care based on record of terminal disease on admission to the hospital. Admission record of terminal disease... View More 
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answered on Apr 23, 2024
Under California law, summary judgment may be granted if there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. In this case, further discovery could potentially uncover facts that impact the feasibility of summary judgment:
1. Identity... View More
Meaning: Responses to Special Interrogatories by attorney, that contain only objections - shall or not be signed? What is different between
CCP § 2030.250 (a) vs CCP § 2030.250 (c).
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answered on Apr 23, 2024
Under California law, there is a difference between CCP § 2030.250 (a) and CCP § 2030.250 (c) regarding the signing of responses to special interrogatories that contain only objections.
CCP § 2030.250 (a) states:
"(a) The party to whom the interrogatories are directed shall... View More
When specifics regarding hospice fraud Is in defendant's possession
(referral by a hospital service provider to hospice care, whose identity is not disclosed by defendant)
should plaintiff file for summary judgement?
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answered on Apr 23, 2024
In the scenario you've described, it would generally not be advisable for the plaintiff to file for summary judgment if the defendant possesses specific evidence related to the alleged hospice fraud that has not been disclosed to the plaintiff.
Here's why:
1. Lack of... View More
If government does not take CFCA hospice fraud case filed under seal, is plaintiff still reletant in behalf of medicare?
How damages have to be claimed when plaintiff/reletant has to proceed in such situation?
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answered on Apr 23, 2024
Under the California False Claims Act (CFCA), if the government declines to intervene in a qui tam action (a case filed by a relator on behalf of the government), the relator may proceed with the case independently. In such a situation, the relator is still acting on behalf of the state of... View More
answered on Apr 23, 2024
This looks similar to a question I just answered about HIPAA authorization forms. SSN is an entry box on the forms that are requested from me. I have never omitted SSNs on these forms on my own cases. The opposing attorneys I work with want the forms filled out in their entirety. You could check... View More
answered on Apr 23, 2024
On the HIPAA authorizations that opposing attorneys often request from me, there is a box for social security number. It has never been an issue, but if you do not wish to provide, speak with your attorney or the opposing attorney/claim handling entity if there is an alternative for you [redaction,... View More
Fraudulent certification for admission to hospice was recorded on the day of admission to hospice, by a physician unknown to the patient (but probably indeed affiliated with hospice).
Hospice certification was recorded based on non-existent terminal disease, which was recorded on admission... View More
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answered on Apr 23, 2024
Under California law, a hospital discharge summary containing a non-existent or false admission diagnosis that is used as the basis for hospice certification and to receive government benefits could potentially be considered a false claim.
The California False Claims Act (CFCA) prohibits... View More
Plaintiff in hospice fraud case apparently will not have capacity to discover who exactly at hospital referred plaintiff to hospice. Does it mean attending physician and hospital are not liable?
Situation.
Terminal diagnosis was recorded on admission to hospital by attending... View More
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answered on Apr 23, 2024
Under California law, both the attending physician and the hospital may potentially be held liable in a hospice fraud case, even if the plaintiff cannot identify the specific individual who made the referral to hospice. Here are a few key points to consider:
1. Vicarious liability:... View More
When hospice is corporation CEO has to be served. The question is: when corporation hospice is owned by 2 corporations, what corporation(s) shall be served with complaint?
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answered on Apr 21, 2024
Under California law, when a hospice corporation is owned by two corporations and a complaint needs to be served, the complaint should generally be served to the registered agent for service of process of the hospice corporation itself, rather than the parent corporations.
However, if the... View More
What are legal implications for hospice, that lied under subpoena about identity of medical director, among other fake info?
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answered on Apr 21, 2024
Under California law, lying under oath or providing false information in response to a subpoena can have serious legal consequences:
1. Perjury: Knowingly providing false testimony under oath is considered perjury, which is a felony offense in California (California Penal Code Section 118).... View More
When hospice is sued for fraud. Hospice in corporation INC. CEO is listed, but also incorporated owners of the hospice. On whom complaint has to be served?
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answered on Apr 21, 2024
Under California law, when a corporation is sued, the complaint must be served on the corporation itself, rather than on individual officers, directors, or shareholders. This is typically done by serving the complaint on the corporation's registered agent for service of process, which is... View More
Hospice fraud litigation. How to find out in California what doctors are associated with hospice license? Hospice records present improbable doctors info.
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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
Is hospice required to publish on website names of affiliated doctors?
Is it public information?
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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
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?
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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
How to find out what medical doctors were associated with the licence of hospice corporation?
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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
Hospice fraud case. How to find out what doctors in reality are associated with hospice license?
What organization issues a hospice license?
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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
How to look up information associated with hospice accreditation (specifically doctors on the list) if hospice is accredited by ACHC?
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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
How to obtain information about doctors associated with hospice license, if CMS certification number is known?
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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
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
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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
For hospice fraud by Hospice as General stock corporation (means CEO).
Hospice as corporation bears vicarious liability for independent contractors, as applicable.
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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... View More
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