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If government decides not to intervene into qui tam case: FCA healthcare.
What is procedure for reletant/plaintiff to obtain from government facts/findings of government investigation?
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answered on Jan 1, 2024
In a qui tam case under the False Claims Act (FCA) related to healthcare, if the government decides not to intervene, you, as the relator or plaintiff, still have the right to proceed with the case on your own. However, obtaining the facts and findings from the government's investigation can... View More 
In healthcare False Claims Act case: what is the procedural mechanism available to relator to convince government to share results of government investigation with relator? (In scenarios when government decides to intervene, or not to intervene)
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answered on Jan 1, 2024
In a healthcare False Claims Act (FCA) case, as a relator, your ability to access the results of the government's investigation depends on several factors, including whether the government chooses to intervene in your case.
If the government decides to intervene, they typically take... View More
What degree of coordination may be between federal and california case? What procedures/rules define such coordination?
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answered on Jan 1, 2024
Federal cases are typically consolidated within the federal court system, as governed by the Federal Rules of Civil Procedure. This means that for consolidation to occur, the cases in question must all fall under federal jurisdiction. Consolidation is generally used to streamline cases that involve... View More
Persuasive cases are not precedents. Other then art of selecting cases, what are the scientific definitions? Seminal can be either precedent or persuasive?
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answered on Jan 1, 2024
In the realm of legal jurisprudence, cases are typically categorized as either precedent or persuasive. Precedent cases are those that establish a legal rule or principle that must be followed by lower courts within the same jurisdiction. In California, this includes decisions by the California... View More
If after filing FCA government does not intervene, and Plaintiff has to pursue lawsuit in behalf of the government, is Plaintiff provided facts/finding of investigation?
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answered on Dec 31, 2023
Under the False Claims Act (FCA), when an individual (known as a relator) files a qui tam lawsuit and the government chooses not to intervene, the relator typically proceeds with the case on behalf of the government. However, the extent to which the relator is granted access to the findings of the... View More
Specifically. 1. What are arguments against of coordination of related cases? Which rules define coordination procedures?
2. What are specific differences in discovery rules and procedural requirements between Federal Central District Court and California Superior Court?
3. What... View More
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answered on Dec 30, 2023
In discussing the coordination of related cases, there are several arguments against coordination. One argument is that coordination can lead to inefficiencies, particularly if the cases are at different stages of litigation or have varying complexities. This can result in delays and increased... View More
There was medical malpractice case filed at CA superior court. There was also recently filed EMTALA case in the federal Central District Court.
Cases are based on different legal theories. EMTALA is NOT a medical malpractice case - with different liability framework. IF Defendant attempts... View More
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answered on Dec 30, 2023
In confronting the potential consolidation or coordination of the medical malpractice case in California Superior Court with the EMTALA case in the Federal Central District Court, it's crucial to consider the distinct legal frameworks and theories underlying each case. EMTALA, being a federal... View More
In respect to fraudulent referral to hospice in California: please explain the difference between intentional fraud and malice.
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answered on Dec 30, 2023
In California, understanding the difference between intentional fraud and malice, especially in the context of fraudulent referrals to hospice, is crucial. Intentional fraud involves knowingly making false representations or concealing information with the intent to deceive. For example, if a... View More
Other then restatements of torts what the provisions would be that define hospital legal liability for intentional fraud?
RESTATEMENT (SECOND) OF TORTS § 410 cmt. c. lists numerous exceptions to the non-liability principle, grouping them into three broad categories: (1) exceptions based on... View More
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answered on Dec 30, 2023
In California, a hospital's legal liability for intentional fraud can be complex and depends on various factors. It's important to note that, while the Restatement (Second) of Torts provides general principles, specific state laws and case precedents also play a crucial role.... View More
FCA has to be a different case to be filed under seal.
Are discovery requests in respect to fraud/FCA: in scope of EMTALA case discovery, deemed relevant?
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answered on Dec 30, 2023
In considering the scope of discovery for an EMTALA (Emergency Medical Treatment and Labor Act) case, it's crucial to understand that discovery should be relevant to the claims and defenses in the specific case. EMTALA focuses on ensuring patients receive emergency medical screening and... View More
Does California false claims act cover medicare violations? (Or limited to California Medi-cal violations?)
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answered on Dec 30, 2023
The California False Claims Act (CFCA) is primarily focused on addressing fraud involving state funds. This includes violations related to California's Medi-Cal program, which is the state's Medicaid program, jointly funded by the state and federal government. The CFCA provides a legal... View More
Does California false claims act cover medicare violations? (Or limited to California Medi-cal violations?
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answered on Dec 30, 2023
The California False Claims Act (CFCA) is primarily designed to address fraud involving state funds, including California's Medi-Cal program. Medi-Cal is the state's Medicaid program, which is jointly funded by the state and the federal government. The CFCA is applicable to cases... View More
CA State court has jurisdiction over FCA medicare violation. This means medicare FCA claim can be brought in state court?
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answered on Dec 30, 2023
In general, cases involving the federal False Claims Act (FCA), especially those related to Medicare violations, are under the jurisdiction of federal courts. The FCA is a federal statute, and its enforcement typically falls within the purview of the federal legal system. This includes cases where... View More
How false claims act or similar statute approach fact that hospital may not have record of fraudulent actions? Fraud scheme means track record cannot be easily obtained. How endorsement of fraud can be proved, unless government investigates?
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answered on Dec 30, 2023
Proving fraud under the False Claims Act or a similar statute, especially in cases where a hospital may not have direct records of the fraudulent actions, can be challenging. Typically, evidence is gathered through a combination of whistleblower testimony, internal documents, financial records,... View More
Medicare is Federal program. False claims act case in California has to be filed in california superior court, or in federal court?
How California FCA is different to FCA in regard to hospital liability?
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answered on Dec 30, 2023
The California False Claims Act (CFCA) is similar to the federal False Claims Act (FCA) but has some distinct features, especially regarding hospital liability. While the federal FCA pertains primarily to fraud involving federal programs and funds, such as Medicare, the CFCA extends to fraud... View More
Unidentified person, somehow affiliated with a hospital, ordered fraudulent referral for patient to hospice upon discharge. A hospital contractor was provided medical information to document referral. I
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answered on Dec 30, 2023
In situations where a fraudulent referral for a patient to hospice upon discharge is ordered by someone affiliated with a hospital, and a hospital contractor, without the patient's knowledge, accesses their medical information for this referral, it raises significant legal concerns under the... View More
Unidentified person, somehow affiliated with a hospital, ordered fraudulent referral for patient to hospice upon discharge. A hospital contractor, unknown to patient, was provided patient's medical information to document referral. Is hospital liable under medicare false claims act?
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answered on Dec 30, 2023
In situations where a fraudulent referral for a patient to hospice upon discharge is ordered by someone affiliated with a hospital, and a hospital contractor, without the patient's knowledge, accesses their medical information for this referral, it raises significant legal concerns under the... View More
Hospital is liable for healthcare fraud, including false claims - according to federal and state laws. The hospital disclosed that service providers are independent contractors. Is hospital liable to fraud/false claims made by hospital service providers/independent contractors - according to... View More
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answered on Dec 29, 2023
Under federal law, specifically the False Claims Act (31 U.S.C. §§ 3729 - 3733), a hospital can be held liable for fraudulent claims submitted to government healthcare programs, even if those claims are made by independent contractors working for the hospital. The key factor is whether the... View More
In California healthcare false claim case has to be filed under seal in state superior court or at federal court?
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answered on Dec 29, 2023
In cases involving healthcare false claims in California, the procedure for filing can vary based on whether the claim falls under state or federal jurisdiction. For claims that pertain to the California False Claims Act, you would typically file the case in a state superior court. These cases must... View More
Integrated actions of service providers at the hospital (mostly independent contractors), miscommunication, had adverse outcome/harm: improper referrals for patient upon discharge.
In California what state and federal statutes and regulations define hospital's general liability for... View More
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answered on Dec 29, 2023
In California, the general liability of hospitals for harm caused by integrated actions of service providers, including independent contractors, and miscommunication, such as improper referrals upon discharge, is governed by various state and federal statutes and regulations.
At the state... View More
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