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The Ethical Health Lawyer: Ethics in the Practice of Health Law

Published online by Cambridge University Press:  01 January 2021

Abstract

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Type
JLME Column
Copyright
Copyright © American Society of Law, Medicine and Ethics 2004

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References

See Wolf, S. M., “Shifting Paradigms in Bioethics and Health Law: The Rise of a New Pragmatism,” American Journal of Law & Medicine 20 (1994): 395415, at 395–396, and note 2.CrossRefGoogle Scholar
See, e.g., American Bar Association Center for Professional Responsibility, Model Rides of Professional Conduct (2003).Google Scholar
See Johnson, S. H., “Five Easy Pieces: Motifs of Health Law,” Health Matrix 14 (2004): 131140, at 133–135.Google Scholar
See 45 C.F.R. § 46.107(a).Google Scholar
See Wilson, R. F., “Hospital Ethics Committees As The Forum of Last Resort: An Idea Whose Time Has Not Come,” North Carolina Law Review 76 (1998): 353406, at 355 and note 5.Google Scholar
See, e.g., Texas Health & Safety Code § 166.039.Google Scholar
See 31 U.S.C. § 3729 et seq. (Civil False Claims Act); 42 U.S.C. § 1320a-7b(b) (Anti-Kickback Statute) & 1395nn (Stark Law).Google Scholar
See Blumstein, J. F., “What Precisely is ‘Fraud’ in the Health Care Industry?” Wall Street Journal, Dec. 8, 1997, at A25.Google Scholar
A complete list of Compliance Program Guidance documents can be found at <http://www.oig.hhs.gov/fraud/complianceguidance.html#1> (last visited Sept. 22, 2004).+(last+visited+Sept.+22,+2004).>Google Scholar
OIG Draft Supplemental Compliance Program Guidance for Hospitals, Federal Register 69: 32,012, 32,030 (June 8, 2004) (emphasis added).Google Scholar
See 42 U.S.C. § 1320a-7b(b).Google Scholar
See 31 U.S.C. § 3729(a) (statutory penalties); 28 C.F.R. § 85.3(a)(9) (increasing penalties for inflation); 42 U.S.C. § 1128(b) (permitting permissive exclusion of health care providers).Google Scholar
See Krause, J. H., “Health Care Providers and the Public Fisc: Paradigms of Government Harm Under the Civil False Claims Act,” Georgia Law Review 36 (2001): 121217, at 202–06 (2001) (discussing problems created by mass settlement of FCA allegations); Reinhardt, U. E., “Medicare Can Turn Anyone Into a Crook,” Wall Street Journal, Jan. 21, 2000, at A18 (“Rather than engaging in a long, protracted fight to set the record straight, throughout which share prices suffer and business slumps, a health company's best bet may simply be to hand over the fines and get on with business”)Google Scholar
See Krause, , supra note 13, at 205–06.Google Scholar
31 U.S.C. § 3730(d) (discussing awards to qui tam plaintiffs).Google Scholar
31 U.S.C. § 3730(h) (protecting employees who are “discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against” due to their protected FCA-related activities).Google Scholar
See, e.g., X Corp. v. Doe, 805 F. Supp. 1298 (E.D. Va. 1992) (granting preliminary injunction to employer to prevent former counsel from disclosing allegedly confidential company information, taken in support of potential qui tam suit against company).Google Scholar