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Home / Opinion Digests / Administrative / Administrative Tort/Negligence – False Claims Act – Stark Law – Medicare & Medicaid Claims – Physician Contracts – Advice of Counsel – Treble Damages & Civil Penalties (access required)

Administrative Tort/Negligence – False Claims Act – Stark Law – Medicare & Medicaid Claims – Physician Contracts – Advice of Counsel – Treble Damages & Civil Penalties (access required)

United States ex rel. Drakeford v. Tuomey Even though defendant relied on the advice of counsel in entering into contracts with physicians, since (1) Kevin McAnaney, the former Chief of the Industry Guidance Branch of the Office of Counsel to the Inspector General of the Department of Health and Human Services, warned defendant that the contracts were problematic; (2) defendant’s counsel attempted to influence McAnaney in favor of defendant; and (3) defendant terminated McAnaney and directed him not to prepare a written opinion, a reasonable jury could have found that, once defendant decided to disregard McAnaney’s remarks, defendant possessed the requisite scienter for a violation of the False Claims Act.

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