Get free answers to your Federal Crimes legal questions from lawyers in your area.
What torts law defines healthcare fraud?
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answered on May 16, 2024
In California, healthcare fraud is primarily addressed under the state's False Claims Act and the Insurance Frauds Prevention Act.
The California False Claims Act (CFCA) is a civil law that allows the state government and private citizens to file lawsuits against individuals or... View More 
1. Doctor who recorded terminal disease on admission to hospital was, and had to be aware there was no terminal illness, since did self-referral to hospital.
2. Analysis test results on admission to hospital (basis for record of terminal chronic disease) was communicated by non-existent... View More
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answered on May 15, 2024
Based on the information provided, it appears you are asking about the appropriate type of judicial notice that a court could take in a situation where there is evidence of potential hospice fraud and false diagnosis of a terminal illness.
In California, there are two types of judicial... View More
A party to lawsuit presents someone's SSN instead of SSN of real person, in order to cover up for fraud. Most likely SSN of a deceased person. How to validate validity of SSN is such scenario?
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answered on May 15, 2024
Validating the authenticity of a Social Security Number (SSN) in a legal context, especially when fraud is suspected, can be a complex process. Here are some steps that can be taken to verify the validity of an SSN:
1. Check the SSN format: Ensure that the SSN follows the correct format of... View More
CRC 3.1350 (h) define format for Separate Statement for Motion for Summary judgement.
2 columns: 1 Moving Party's Undisputed Material Facts and Supporting Evidence and 2. Opposing Party's Response and Supporting Evidence.
Does it mean that before filing Motion for... View More
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answered on May 14, 2024
No, the plaintiff (moving party) does not need to obtain the opposing party's response and supporting evidence before filing the Motion for Summary Judgment with the Separate Statement.
The process typically works as follows:
1. The moving party prepares and files their Motion... View More
What are possibilities to check for SSN?
If valid,real, and not of deceased person.
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answered on May 14, 2024
If you have concerns about the validity of your own SSN, you can contact the Social Security Administration (SSA) directly. They can help you verify your SSN and address any issues related to your Social Security account.
In general, it is crucial to protect SSNs and other personal... View More
How to ask for court order to validate authenticity of SSN?
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answered on May 14, 2024
To request a court order to validate the authenticity of a Social Security Number (SSN) in California, you will need to follow these general steps:
1. Determine the appropriate court: You will likely need to file your request with the Superior Court in the county where you reside or where... View More
Defendant committed to work on providing further responses at Meet and Confer discussion re Motion to Compel.
If substantive further responses are not provided by specified additional time due: is another Meet and Confer required by law?
What statute or rule of Court defines that?
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answered on May 14, 2024
In California, if a party has agreed to provide further responses within a specified time frame during a meet and confer discussion regarding a motion to compel, and the party fails to provide substantive further responses by the agreed-upon deadline, another meet and confer is not explicitly... View More
Targeted for total body biometric data theft, hurt and injured. State of California Privacy Law Loophole permitted harm.
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answered on May 13, 2024
Under California law, you have rights and protections against unauthorized collection and use of your biometric data. The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) provide strong privacy protections, including the right to know what personal information is... View More
For the purpose of hospice fraud: "knowingly" does not imply malicious intent.
However, fabricating non-existent terminal diagnosis presents fraudulent intention.
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answered on May 6, 2024
In California, "knowingly" generally means acting with awareness or understanding of the essential facts. In the context of criminal law, it refers to a mental state where the person is aware that their conduct is of a certain nature or that certain circumstances exist.
When it... View More
Does fact that person with
Actually non-existent terminal illness was Actually referred to hospice by hospital constitute legally admissible fraud?
Does fact that identity of particular individual who did referral Is ACTUALLY concealed - actually exacerbate the wrongdoing?... View More
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answered on May 6, 2024
I want to provide accurate information about this sensitive legal topic. Under California law, fraud generally requires an intentional misrepresentation of material facts, made with knowledge of its falsity, with the intent to deceive, which is justifiably relied upon by the victim and causes them... View More
hospice fraud was actual,
I.E.
patient was referred to hospice from hospital with hospital admission diagnosis chronic terminal disease.
Track record of who exactly made a referral apparently does not exist.
Critical values of test on admission were communicated... View More
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answered on May 5, 2024
Under California law, evidence of wrongdoing is generally admissible in court if it is relevant to the case and not excluded by some other rule of evidence. However, there are several reasons why the situation you described may not be legally admissible as evidence of fraud:
1. Hearsay: If... View More
What documents to look for at the law library in order to find out the workflow of legal process:
legal action from beginning to end, with permutations based on decision points.
Generic workflows exist?
If not - workflows specific to medical malpractice case, or California... View More
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answered on Apr 29, 2024
When looking to understand the legal workflow for cases such as medical malpractice or California False Claims Act (CFCA) litigation, you'll find it beneficial to start by looking for specific resources in a law library. Key documents to search for include legal textbooks on tort law and civil... View More
Hospice fraud case.
Although issue and or evidence sanctions ordinarily will not be imposed until after an offending party has disobeyed a prior discovery order, a Court may impose such sanctions where the circumstances warrant them.
Upon what circumstances
evidence,... View More
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answered on Apr 27, 2024
Under California law, evidence, issue, or terminating sanctions can be imposed even without a prior discovery order being disobeyed in certain circumstances where the discovery misconduct is particularly egregious. The key factors courts consider are:
1. The willfulness of the misconduct:... View More
If defendant boilerplate objected without merit to provide specific response to identify particular person who did wrongdoing, should issue or evidence sanctions be imposed in addition to compelled response? Meaning-- direct acceptance of liability.
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answered on Apr 26, 2024
In California, when a defendant provides boilerplate objections without merit and fails to provide a specific response identifying the particular person who committed the alleged wrongdoing, the court may consider imposing issue or evidence sanctions in addition to compelling a proper response.... View More
Medical malpractice or healthcare fraud. If defendant boilerplate and without merit objected to disclose specific identities of wrongdoers;
what evidence or issue sanctions can be imposed, in addition to compelling response?
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answered on Apr 26, 2024
Under California law, when a party fails to provide further responses or produce documents after being ordered to do so by the court, the court may impose various sanctions, including evidence and issue sanctions, in addition to compelling the response. Here are some potential sanctions that may be... View More
At what point motion for summary judgement shall be filed In apparent hospice fraud case?
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answered on Apr 25, 2024
In an apparent hospice fraud case, the timing of filing a motion for summary judgment depends on the specific circumstances of the case and the applicable rules of civil procedure. However, here are some general guidelines:
1. After the close of discovery: In most cases, it is advisable to... View More
Given that hospice fraud is obvious, and that defendants meritless object discovery, what would be right time to file motion for summary judgement?
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answered on Apr 25, 2024
In a case involving hospice fraud in California where the defendants are raising meritless objections to discovery, the timing of filing a motion for summary judgment depends on several factors. Here are some considerations:
1. Completion of discovery: Generally, it is advisable to file a... View More
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
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
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
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