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  • 54 minutes

Recent Rulings and the Impact on False Claims Act

 

What the False Claims Act has done is to focus on individual liability.

A historical case resolution model would start with a corporation plea/False Claims Act settlement; followed by a corporate integrity agreement with possible exclusion of an irrelevant subsidiary; and ending with no personal liability or exclusion. The Department of Justice, in October, 2010, announced intention to pursue individuals. Lew Morris, from the Office of Inspector General, in February 2, 2011 state the desire to “alter the cost‐benefit calculus” of corporate executives who run companies that settle, and had express intention to increase individual exclusions.

Runtime: 54 minutes
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Faculty

Robert A. Wade, Esq.

Robert A. Wade, Esq.

Barnes & Thornburg LLP

  • Partner in the office of Barnes & Thornburg LLP
  • Practice emphasizes all aspects of health care compliance, including developing, monitoring and documentation of an effective compliance program
  • Currently serves as the compliance expert to the Board of Commissioners of Halifax Health advising the hospital on all aspects of their Corporate Integrity Agreement
  • Has experience in representing health care clients with respect to issues being investigated by the Department of Justice and the Office of Inspector General. Bob has experience negotiating and implementing Corporate Integrity Agreements
  • Assists clients in documenting and defending financial arrangements between health care providers, including referring physicians, as being fair market value and commercially reasonable
  • Has operationally practical experience having served as a General Counsel and Organizational Integrity Officer for a multi-hospital system for 6½ years
  • Conducts regular seminars and workshops on numerous health care law which includes the False Claims Act, Stark Law, and the Anti-Kickback Statute
  • Wrote several publications related to the areas of health care law
  • Best Lawyers In America®, health care law, 2009 to 2014; Indiana Super Lawyers, 2009 to 2015
  • J.D. degree, summa cum laude, The Ohio State University, Moritz College of Law, Columbus, Ohio; B.A. degree, summa cum laude, Bowling Green State University
  • Can be contacted at 574-237-1107 or [email protected]
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