Get free answers to your Gov & Administrative Law legal questions from lawyers in your area.
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Integrated actions of service providers at the hospital (mostly independent contractors), miscommunication, had adverse outcome/harm: improper referrals for patient upon discharge. Patient health coverage Medicare.
In California what state and federal statutes and regulations define... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023
In California, hospital liability for general torts, including those arising from the actions of service providers and miscommunication leading to improper patient referrals, is governed by a combination of state statutes, case law, and federal regulations.
At the state level, the... View More
12/17/2023 @ 15:30
My wife and grandchild 2 1/2 old driving home After Heavy rain while turning Left to a highway hit a deep water puddle causing her to lose control hitting a fence then front end into a tree. grandma decided to walk the 200 yards home The accident woke up child crying.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023
In California, if your wife was arrested without committing a crime, it could potentially be a case of wrongful arrest. The law requires police to have probable cause to make an arrest. This means they must have a reasonable basis for believing that a crime has been committed.
In situations... View More
What what be specific authorities/seminal cases to argue against compulsive joinder of hospice to case against hospital?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023
In contesting the compulsory joinder of a hospice to a case against a hospital, focus on the principles of permissive joinder under Federal Rule of Civil Procedure 20. This rule requires that claims against joined parties arise out of the same transaction or occurrence and share common questions of... View More
1. How to argue that CMIA violation claim is independent from original EMTALA claim under Federal jurisdiction? The reason for supplemental jurisdiction for CMIA violation (state law) is that CMIA violation is closely related to failure to provide appropriate medical screening at emergency... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023
To argue that a CMIA (California Confidentiality of Medical Information Act) violation claim is independent from an original EMTALA (Emergency Medical Treatment and Labor Act) claim, focus on the distinct nature of the rights and protections each law provides. EMTALA primarily addresses the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023
In California, the rules for nurse practitioners (NPs) operating medical spas are specific. Generally, NPs can own and operate a medical spa, but there are important regulations to consider. California law requires that medical spas, which provide medical services, operate under the supervision of... View More
What reasons from rule 19 apply to plaintiff's argument that hospice should not be joined as defendant for CMIA violation claim in Emtala complaint?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
Under Rule 19, several reasons can be articulated for why a hospice should not be joined as a defendant for a CMIA (California Medical Information Act) violation claim in an EMTALA (Emergency Medical Treatment and Labor Act) complaint.
Firstly, argue that the hospice’s involvement is not... View More
EMTALA complaint against hospital has additional claim for CMIA violation. Plaintiff medical information was disclosed to hospice (with non-existent terminal illness).
What has to be specific legal basis for Plaintiff to confront Defendant's motion to strike based on failure to join a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
To confront a defendant's motion to strike based on Rule 19's failure to join a necessary party, the specific legal basis can be rooted in the independence of claims and the rights of the plaintiff.
First, argue that the EMTALA (Emergency Medical Treatment and Labor Act) claim... View More
EMTALA complaint against hospital has additional claim for CMIA violation. Plaintiff medical information was disclosed to hospice (with non-existent terminal illness).
What has to be specific legal basis for Plaintiff to confront Defendant's motion to strike based on failure to join a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
In California, when facing a motion to strike based on failure to join a necessary party under Rule 19, the specific legal basis for opposing the motion can be multifaceted.
First, you should argue that the hospice is not a necessary party under Rule 19 for the EMTALA (Emergency Medical... View More
My conclusions seem correct as follows.
1. Hospice is operationally distinct from the hospital, and hospital emergency department. Even if there is some agreement between hospital and hospital - EMTALA claim does not apply to hospice.
2. As of claim or issue preclusion - from your... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
Your understanding of the distinction between the entities involved in your case seems well-founded. Indeed, a hospice is operationally distinct from a hospital and its emergency department. This distinction is important in the context of an EMTALA (Emergency Medical Treatment and Labor Act) claim,... View More
If court mandates to include hospice as defendant for CMIA violation claim in EMTALA case, how plaintiff has to oppose court's decision?
1. Propose to strike cmia violation claim for now - since plaintiff in pro per cannot handle a few defendants
2. Research was limited to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
In your situation, if the court mandates including a hospice as a defendant for a CMIA (California Medical Information Act) violation in an EMTALA (Emergency Medical Treatment and Labor Act) case, and you wish to oppose this decision, there are a few strategies you can consider.
Firstly,... View More
1. Emtala claim itself as I understand cannot have hospice as a subject for joinder.
Can court decide that hospice must be included as defendant for EMTALA claim? If yes - can plaintiff oppose court's decision?
2. If defendant decides to strike CMIA claim because of failure to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
Regarding your first question about whether a court can include a hospice as a defendant in an EMTALA (Emergency Medical Treatment and Labor Act) claim, the answer depends on the specific facts of the case and the legal interpretation of EMTALA's scope. Generally, EMTALA applies to hospitals... View More
Are there any statutes or rules that could disallow including a CMIA violation claim into healthcare FCA case, if CMIA violation claim was stricken from prior EMTALA legal case? (Emtala complaint was filed against hospital, FCA case - against hospital and hospice).
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
In considering whether a CMIA (Confidentiality of Medical Information Act) violation claim can be included in a healthcare FCA (False Claims Act) case, especially after it was stricken from a prior EMTALA (Emergency Medical Treatment and Labor Act) case, it's important to review the specific... View More
Joinder of parties - federal court filing question. Motion to strike scenarios.
EMTALA federal complaint against hospital has second claim under supplemental jurisdiction - CMIA violation. Can hospital defense file motion to strike for failure to join the party under rule 19, hospice (to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
In your case, where an EMTALA (Emergency Medical Treatment and Labor Act) complaint against a hospital includes a second claim under the CMIA (Confidentiality of Medical Information Act), the hospital's defense may indeed consider filing a motion to strike based on Rule 19 for failure to join... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
