Sample Essay on:
The Federal Civil False Claims Act

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Essay / Research Paper Abstract

This 5 page paper provides an overview of a case that relatse to the Federal Civil False Claims Act. This paper looks at the case of United States ex rel Minnesota Association of Nurse Anesthetists v. Allina Health System Corp. (276 F.3d 1032 (8th Cir. 2002)). Bibliography lists 5 sources.

Page Count:

5 pages (~225 words per page)

File: MH11_MHFalseCL.rtf

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Unformatted sample text from the term paper:

application of elements of the Federal Civil False Claims Act and the conflicts that arise from such claims. In this case, the 8th Circuit Court of Appeals refused to stay an existing lawsuit filed by the Minnesota Association of Nurse Anesthetists and the United States government against one of the largest HMOs in Minnesota, Allina Health Systems. In the original suit filed in 1994, the nurse anesthetists argued that the HMO, along with a number of anesthesiologists, essentially committed Medicare fraud under the existing statutes, over a six year period. The 1990s into the new century have seen a cleanup of Medicare fraud and abuse through various case law filed under the False Claims Act (FCA) 31 U.S.C. Section 3729 et seq., and subsequent passage of privacy acts. As Medicare fraud and abuse directly affect taxpayers, case law has led to the passage of various privacy acts through the years, which give power to the government to look into the private practices of individuals. The last of these installments is the Freedom of information Act of 2003. The reasons given for invasions of privacy are for this are protection of citizens rights. They do protect certain government resources. Anti-fraud activities in 1999 alone "returned almost $500 million to the federal government." (Butler, 2000, 1). The first question to consider, then, is whether the association should have been allowed to pursue a claim on behalf of their members. In the language of the law, it is suggested that the these types of cases protect the interests of individuals and maintain the significance of individual action. According to this law, private citizens or whistleblowers can file a lawsuit "on behalf of ...

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