The False Claims Act is a piece of legislation from the U.S. Congress that allows any individual with knowledge of a fraud being perfected against any agency of the U.S. Government to file a claim on behalf of the Government against the individual or business that has or is committing such fraud. The individual filing such claim on behalf of the United States Government is identified as the qui tam plaintiff and, if the action is successful, such person is entitled to share in a percentage of the recovery against the fraudulent person or business. This is supported by the reading, “The federal government’s main weapon in the so-called war on fraud and abuse is the False Claims Act (FCA)” (Showalter, 2017, pg.553). The False Claims Act was enacted by …show more content…
In essence, the qui tam provisions permit any individual or entity to file a False Claims Act case on behalf of the United States government. The motive behind the qui tam provisions of the False Claims Act was the acknowledgment that the government lacks the resources as well as the information to pursue violators who intentionally submit false and fraudulent claims to the United States government. The responsibilities of the qui tam plaintiff do not end with the filing of the lawsuit. Such individual must not only notify the Justice Department of the filing but must agree to collaborate fully with the Justice Department in the litigation. The Justice Department has the option of stepping into the shoes of the qui tam plaintiff and prosecute the action on its own or allowing the qui tam plaintiff to pursue the action on his or her own. This is supported by the reading, “Any person with information about healthcare fraud can be a qui tam plaintiff (realtor)” (Showalter, 2017,
Judith Ortiz Cofer is a Puerto Rican whose writing often examines the conflict and the beauty of cultures mixing together, as people immigrate to America. Though she exhibits a strong connection to her Latin heritage, she often seems to also resent that part of her life. There are many standards and expectations in the Puerto Rican society which Cofer writes to subvert, viewing them negatively. As a Puerto Rican woman, Cofer often disagrees with the limits and expectations placed on a woman in Puerto Rican society, and this attitude is the subject of much of her work. In “Claims,” the speaker describes “Grandmother.” Cofer uses this poem to illustrate a family and describe an individual, as well as
The amount listed is the enrollment agreement was 10,020.00 which gives a difference of :
7. A person's right to appeal a denied claim was expanded under the Affordable Care Act. Now a person's insurance company is required to tell the person why they denied their claim, and they will have six months to try and appeal it. You can increase the chances of getting your appeal through by following some of these tips. Understand why the claim was denied, eliminate easy problems first, gather all your evidence, and submit the right paperwork. Before fighting a denied claim, you will need to understand why it was denied in the first place. Your explanation of benefits, a standard form which is sent by the insurance company whenever your claim is approved or denied, uses a set of codes to explain why the company came to their decision. Sometimes the claim may have be denied simply because of a data-entry error, such as a misspelled name, wrong date of service, or the insurance ID number was wrong. You will need to make sure that you have all the evidence to show all of the services you are looking to have covered were all medically necessary. It is possible that you may need to write a letter to the insurance company. If that is the case,
Great inequalities in the educational system between the sexes have occurred for many years and still occur today. Efforts have been made to rectify this disparity, but the one that has made the most difference is Title IX. Passed in 1972, Title IX attempted to correct the gender discrimination in educational systems receiving public funding. The greatest correction it made was in the area of athletics, but social justice of Title IX applies to many other areas as well. Title IX has an effect on women who are not athletes in many ways, including quality of education, receptivity to education, empowerment and creation of ideals.
Art and Bill were leaving work one afternoon when they were approached by Charlie, who was
The United states government has joined forces to help providers in understanding and establishing information services to help fight fraud. While providers are fighting fraud within the health care industry, the government has its own formula to protect against fraud. One such tool was established in May 2009 is called the “Health Care Fraud Prevention and Enforcement Action Team” ("HEAT Task Force," n.d., p. 1). Established by the “Department of Health and Human Service (HHS) and Department of Justice (DOJ)” ("HEAT Task Force," n.d., p. 1), this task force is a group of several government agencies, which investigate and prosecute those who defraud public and private health care agencies. In just four years HEAT showed a seventy five percent increase in prosecutions for health care fraud and in 2011 alone one prosecuted case involved over five hundred million dollars worth of fraudulent invoices presented to Medicare. HEAT has established their presence in most major cities across the country and will continue this expansion as the need for health care expands.
Many of us have worked in job environment that were less than ideal and probably thought about quitting our jobs on a daily basis. Do you ever wonder what it was like before the laws were written and implemented that prevented your boss from discriminating against you and other coworkers? Well I can without a doubt say that I would not have want a job before the 1964 Congress enacted the Title VII of the Civil Rights Act.
Title IX was passed by the U.S. Congress on June 23, 1972, and signed by
There are few things in life that could be worse than loosing you child to such a horrible disease as leukemia. One can only imagine having such a tragedy repeat itself throughout you community time after time. To compound such tragedies, imagine being poisoned yourself and having to fight some of the largest local corporations to prove the truth and get it stopped. This is the community setting for Jonathan Harr's true-to-life legal thriller A Civil Action. The book was an award winner for "Best Seller" in 1995 and was named the 1995 National Book Critics Circle Award.
Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.
In 1830, the Jackson administration instated the Indian Removal Act. This act removed the Native Americans from their ancestral lands to make way for an increase of additional American immigrants. This act forced many Native American tribes from their homes including five larger tribes, Cherokees, Chickasaws, Choctaws, Creek, and Seminole. These tribes had populations were estimated to be around 65,000 people strong that lived in North Carolina, Georgia, Florida, Alabama, and Mississippi. (Foner, 2012) The American Indians fought for their rights and beliefs through the American court system. Their other objective other than fighting for their rights was but in the end, they were forced out of their homes to move
Although Congress has used several anti-fraud measures to protect the federal government health care programs, the False Claims Act of 1986 has become the main weapon that government prosecutors use against perpetrators of health care fraud. Designed to prevent fraud and other abuses in federal government programs, the False Claims Act has been the primary statute the government has used in its fight against health care fraud. However, government prosecutors do not rely on one statute in their prosecution of alleged cases of health care fraud. Instead, they rely on a combination of statutes, but the False Claims Act has emerged as the main statutory weapon.
The passing of the Stamp Act by Parliament in 1765 caused a rush of angry protests by the colonists in British America that perhaps "aroused and unified Americans as no previous political event ever had." It levied a tax on legal documents, almanacs, newspapers, and nearly every other form of paper used in the colonies. Adding to this hardship was the need for the tax to be paid in British sterling, not in colonial paper money. Although this duty had been in effect in England for over half a century and was already in effect in several colonies in the 1750?s, it called into question the authority of Parliament over the overseas colonies that had no representation therein.
Socrates is a man of great controversy. He has been portrayed as many different personalities such as a sophist to a great philosopher to just a vocal old man. The true nature of Socrates is to be questioned. He spoke his thoughts on life and what his philosophy on life was. A couple arguments that he spoke about really stood out about lying. These arguments had brute force and were made very clear through his dialogue. According to his dialogue, he felt that there were two different types of lies.
There are three elements that must be present for an act or omission to be negligent; (1) The defendant owed a duty of care towards the plaintiff; (2) The defendant breached the duty of care by an act or omission; (3) The plaintiff must suffer damage as a result - be it physical, emotional or financial. The court might decide that Freddy (the plaintiff) was owed a duty of care by Elvis (the defendant) if they find that what happened to Freddy was in the realm of reasonable forseeability - any harm that could be caused to a 'neighbour' by Elvis' actions that he could reasonably have expected to happen. The 'neighbour principle' was established in the case of Donoghue v. Stevenson (1932).