Health Care Litigation and Risk Management Answer Book 2015

by Greenberg, Davis S.; Schneider, Brian D.

• ISBN13: 9781402423826
• ISBN10: 1402423829
• Format: Paperback
• Copyright: 2015-05-07
• Publisher: Practising Law Institute

Summary

PLI's Health Care Litigation and Risk Management Answer Book 2015 is designed to provide health care industry leaders and attorneys with a comprehensive and easy-to-use reference guide to risk management and litigation in the health care sector. The book covers government regulation, including the False Claims Act, the Stark law, the Anti-Kickback Statute, and EMTALA, as well as major areas of private litigation risk, such as employment litigation and insurer/provider disputes. The book also provides discussion of compliance strategies to avoid investigations, fines, and litigation, and litigation strategies should the need arise.

This Answer Book not only provides clear and concise information in a Q&A format, but also includes extensive appendices of reference material, such as key statutes, compliance guidance from the DOJ, FTC, and OIG, and a sample corporate integrity agreement.

Table of Contents

Chapter 1: Managing Government Investigations
Chapter 2: The Civil False Claims Act
Chapter 3: The Federal Anti-Kickback Statute
Chapter 4: Physician Self-Referral (“Stark”) Law: Risks and Enforcement Concerns
Chapter 5: HIPAA: Risks and Enforcement Concerns
Chapter 6: U.S. Foreign Corrupt Practices Act (FCPA) and Related Laws
Chapter 7: Managed Care Disputes and Litigation
Chapter 8: Antitrust and the Health Care Industry
Chapter 9: Laws and Regulations Governing Employment Relationships in the Health Care Industry
Chapter 10: Credentialing and Privileging
Chapter 11: Emergency Medical Treatment and Active Labor Act (EMTALA)
Chapter 12: Fraud and Abuse Litigation in the Pharmaceutical Industry
Chapter 13: Civil Monetary Penalty Law
Chapter 14: Medicare Administrative Litigation
Chapter 15: Patent Protection & Enforcement
Chapter 16: Contractual Non-Compete and Confidentiality Clauses
Chapter 17: Elder Abuse and Quality of Care Issues in the Long-Term Care Setting
Chapter 18: Criminal Enforcement in the Health Care Sector
Chapter 19: Health Care Compliance
Chapter 20: E-Discovery
Chapter 21: Attorney-Client Privilege and Work Product Doctrine
Chapter 22: Alternative Dispute Resolution
Appendix A: The False Claims Act Statute
Appendix B: The Anti-Kickback Statute
Appendix C: The Stark Law
Appendix D: DOJ & FTC Statements of Antitrust Enforcement Policy in Health Care
Appendix E: OIG Compliance Guidance for Hospitals
Appendix F: OIG Compliance Guidance for Hospices
Appendix G: OIG Compliance Guidance for Durable Medical Equipment Suppliers
Appendix H: OIG Compliance Guidance for Nursing Facilities
Appendix I: OIG Compliance Guidance for Pharmaceutical Manufacturers
Appendix J: Sample Corporate Integrity Agreement