Health Law – Winter 2023
Third Assessment
Due in D2L Assignments January 14 at 12:30 PM
Please respond to the following questions (25 points, 5 points each)
1.
The
Krizek
cases on pages 660 and 669 illustrate how False Claims Act (FCA) liability
works.
Describe the various types of misconduct alleged in the first opinion.
Also, what
does the court say in criticism of the case brought against the Krizeks?
From the second
Krizek
case, please describe the standard for reckless disregard and whether it was met in
the case.
Does Dr. Krizek escape FCA liability because he delegated the billing to others
on his behalf and was not directly involved in the misconduct?
2.
This question involves the
Arizona
case on page 757.
What was the stated purpose of the
Maricopa Foundation for Medical Care?
What is the Foundation’s argument that it
should not be held liable
per se
for price fixing?
What is the court’s ruling and what is its
reasoning?
Review Note 1 after the case.
What does the note suggest about how even
maximum
price fixing may be used to avoid the workings of the market and
competition?
3.
Describe/summarize the evolution of the Section 501(c)(3) Community Benefit Standard
as discussed on pages 602 to 605.
4.
Note one on page 635 explains the difference between private inurement and private
benefit.
Summarize this explanation.
Finally, what does page 637 tell us about excess
benefit transactions and disqualified persons.
5.
Summarize the discussion of Patient-Centered Medical Homes (PCMH) on page 599.
How do these fit into the discussion of health care organizational structures?
