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 
If Plaintiff would have to pursue Motion to Compel further discovery responses, or Motion to Compel discovery responses.
Defendant can object, based on privileges defined by evidence code. Attorney/client privilege, work product, premature, calling for legal conclusion, etc.
What... View More
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answered on Apr 18, 2024
If you have concerns about fraud, I would suggest speaking with a qualified attorney who can provide proper legal guidance for your situation. The rules around discovery, privileges, and subpoenas are complex and fact-specific.
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
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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
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
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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
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?
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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... View More
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
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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... View More
Seminal cases. Fraudulent referral from hospital to hospice.
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answered on Apr 17, 2024
To find court cases related to hospice fraud and fraudulent referrals from hospitals to hospices in California, you can search several sources:
1. PACER (Public Access to Court Electronic Records): This is an electronic public access service that allows users to obtain case and docket... View More
California Medicare Advantage plans are considered California State funds?
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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... View More
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?
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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... View More
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?
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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... View More
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
answered on Apr 17, 2024
Tell them on the phone that if you don't have the money in 48 hours you will report them to Medicare, and the state board of quality medical control.
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?
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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... View More
My teen daughter needed a long-term RTC. I informed Kaiser (K.) of her need for this level of care, though I did not specifically ask for it. (I did not know K. offered that level of care.) When my daughter's K. clinician walked her through our chosen RTC's website, the K. clinician... View More
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answered on Apr 9, 2024
In California, if you have exhausted the internal grievance process with Kaiser and the complaint process with the Department of Managed Health Care (DMHC), you have a few additional options to seek help for your insurance coverage problem:
1. Contact the California Department of Insurance... View More
She threatened me that, she will transfer it to collections and my OBGYN will not deliver me. I want to know what are my rights on this situation as the contract doesn’t have a clause for termination and I was abused and humiliated twice by this manager. I want to know how much out of the balance... View More
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answered on Mar 28, 2024
In California, patients have the right to be treated with respect and to receive care without discrimination or harassment. If you've experienced threatening behavior from an office manager, it's important to document the incidents and communicate your concerns in writing to your... View More
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answered on Mar 27, 2024
The situation regarding gun rights after voluntary admission to a hospital for depression can be complex. If your admission was voluntary and you weren't held for treatment after being deemed a danger to yourself or others by a court, your right to possess firearms might not be immediately... View More
While Medicare is Federal program, there is California Medicare division; and California Superior Court has jurisdiction over California Medicare False Claims Act cases.
Cases have to be filed under seal, in chambers. Any references to practical guides are sought, as starting point for... View More
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answered on Mar 26, 2024
Under California law, filing a claim under the California False Claims Act regarding Medicare fraud involves specific procedures. Cases must be filed under seal directly to the judge's chambers. This is designed to prevent the defendant from being alerted before the government has had a chance... View More
Please provide reference to reliable sources for filing False Claims Act in Healthcare case, in California Superior Court.
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answered on Mar 26, 2024
To initiate a False Claims Act case in the healthcare sector within the California Superior Court, it's crucial to understand that these cases typically involve the whistleblower (qui tam plaintiff) alleging that false claims have been made to obtain money from state healthcare programs. Such... View More
Is a self-paying client not allowed to work with a private practicing Registered Dietitian in the state of California if they do not have a referral from an authorized health provider?
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answered on Mar 22, 2024
Under California law, specifically Business and Professions Code Section 2585, there's a clear set of regulations regarding who can represent themselves as a registered dietitian or a dietetic technician, registered. The law stipulates that individuals must meet certain educational,... View More
I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me
answered on Mar 22, 2024
You may find a new attorney. Make sure you consult with attorneys before you switch to make sure you can get a new attorney.
But, make sure there is good reason to switch lawyers. Bankruptcy does change a case, particularly the timing. If there is insurance, the attorney can file a motion... View More
I was given Lupron Injections from 2016-2018. From the first injection all the way until the last, I became more sick. I had memory issues, cognitive issues, could not speak correctly, vision problems, body aches, joint pain, and continuous decline in my health. This caused me to have anxiety high... View More
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answered on Mar 20, 2024
There have been cases and settlements related to health damages caused by Lupron injections. For example, a settlement was reached in a case where TAP Pharmaceuticals was accused of fraudulent marketing practices related to Lupron, which led to consumers paying inflated prices for the drug.... View More
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