Question I: Healthcare fraud is intentionally deceiving, providing false statements, or misrepresentation in order to obtain an unauthorized benefit through billing Federal/State insured agencies e.g. Medicare or Medicaid. Fraudulent activity involves the act of knowingly, willfully, and intentionally committed or committed the act with reckless disregard. False Claims Act (“FCA”) prohibits knowingly presenting or causing to be presented a false claim for payment of government funds. Penalties can include criminal, civil and administrative consequences.
In 2000, a judge from Michigan ruled that drug testing welfare recipients had violated the recipients privacy rights (“Federal Appeals Court Upholds Ban on Testing Welfare Recipients for Drugs,” p. 1). The drug testing method also goes against the Fourth Amendment right to be free of search and seizures by the government without probable cause. People feel that the poor should not have to choose between providing for their family and give up their rights (“Federal Appeals Court Upholds Ban on Testing Welfare Recipients for Drugs,” p. 4). As a result, some states choose not to require drug test, because they feel it is
Due to the fact that his parents refused to have James drug tested, he was suspended from sports for the season. The constitution takes a big role in this case. The Acton family sued on the premise that drug testing their child was an invasion of privacy and illegal search and seizure under the Fourth Amendment. I feel drug testing should be legal and allowed
Because exchange of property is a strict liability tort, the court feared that extending property rights to include organs would have a chilling effect on medical research. Laboratories doing research receive a large volume of medical samples and cannot be expected to know or discover whether somewhere down the line their samples were illegally obtained. Moore could sue only his doctor, nobody else, for failing to adequately inform him. Just one of many examples of the shortfalls of an informed consent. From a legal standpoint no one has the right to even touch, let alone treat another person without permission.
The doctrine is commonly used to show to whom a defendant—usually a prescription drug manufacturer—owes the duty to adequately warn. The doctrine bars a plaintiff’s claims if she cannot show that the allegedly inadequate warning was a producing cause of her injury. Relators argued that the learned intermediary doctrine does not apply to claims under the FCA. Specifically, Relators argued that SPI cannot rely on the learned intermediary doctrine because there is no causal connection between the warnings given by the prescribing physicians and the alleged FCA violations. SPI, on the other hand, argued that, at trial, Relators should be forced to account for the role of the learned intermediary.
Society is the reason why women have been treated differently and how women view themselves in the workplace. The companies have been influenced to not change the wage differences and society has allowed women to be treated this definite way. As it states in Family Policies, “Society has appeared to reinforce women’s tendency to compromise on convenient working in female-typed jobs and to deter them from attaining high-paying positions” (Mandel and Moshe 952). Society has tried to tell women which jobs they should try to obtain but society has never tried to lead the
“Employers justify drug and alcohol testing policies by arguing that they are necessary for promoting health and safety in the workplace. Employees and unions argue that the policies either violate human rights law and/or the privacy of employees, although the infringement on privacy rights is the more prevalent basis for challenging such policies.”This article further states that No employee can be subject to random, unannounced alcohol or drug testing, except as part of an agreed upon rehabilitative program following treatment for drug or alcohol abuse;• An employer may require a drug or alcohol test where the facts give rise to reasonable cause; and• An employer may require a drug and alcohol test as part of an investiga- tion into an accident or incident in the
When a defendant is sued for federal banking or healthcare laws the court is allowed to freeze assets if they have been gained as a result of the crime. In 2012 Sila Luis was charged with health care crimes. A petition for a pre-trial order which would prevent Luis from using her assets was filled. Luis objected claiming that criminal forfeiture of her money would prevent her from hiring a lawyer and is thus in violation of her Sixth Amendment rights. The case was reviewed during the Eleventh Circuit of the U.S. Court of Appeals for and the restraint of untainted assets which were needed to hire legal defense was proven to be in violation of the Sixth
Generally, the largest reason for wanting to defund the organization is the idea that they can be an independently wealthy entity without federal funding that may be going to illegal activities, such as selling fetal tissue. This accusation stems from a string of heavily doctored videos that were documented, edited, and exploited by an anti-abortion group, Center for Medical Progress. The videos, which centered around an undercover man representing a tissue-buying company entrapping Planned Parenthood doctors into implying they profit off of the transporting of fetal tissue. Since the buying and selling of fetal tissue is illegal under 42 U.S. Code 289g-2, which is the prohibition on selling and buying human fetal tissue, many people in American began to take a second look at the organization, including legislators and past-supporters. However, it has been thoroughly investigated and found that less than 1% of Planned Parenthood centers were involved in this crime.
According to media and Kenneth Thorpe, an Emory Universal Health-Care expert who worked in the Bill Clinton, “finds that Mrs. Sanders’ proposal would actually harm many working beneficiaries of Medicaid, the state- federal health care plan for the poor and the near poor”. He claims that that Sanders’ plan would break the banks. Sander’s exclaims that “patients will be able to choose a health care provider without worrying about whether that provider is in network and will be able to get the care they need without having to read any fine print or trying to figure out how they can afford the out- of -pocket cost”. It makes sense why he wants us all to have the same provider. He wants to prevent all the arguing with insurance companies when they fail to pay for charges.