13 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,037 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  2. U.S. ex Rel. Williams v. Bell Helicopter

    417 F.3d 450 (5th Cir. 2005)   Cited 249 times   2 Legal Analyses
    Holding that it is improper to dismiss claims with prejudice as to the United States in a declined qui tam case
  3. U.S. v. RF Properties of Lake County, Inc.

    433 F.3d 1349 (11th Cir. 2005)   Cited 200 times   3 Legal Analyses
    Holding that Rule 9(b) was satisfied where the relator was a nurse practitioner in the defendant's employ who was required to bill under a doctor's provider number and whose conversations about the defendant's billing practices with the office manager formed the basis for the relator's belief that fraudulent claims were actually submitted to the government
  4. U.S. v. Rogan

    517 F.3d 449 (7th Cir. 2008)   Cited 145 times   3 Legal Analyses
    Holding that a hospital administrator who had been found to have violated the FCA based on filing over 1800 Medicare and Medicaid reimbursement claim forms that omitted material information—namely, that illegal referrals had occurred and kickbacks were paid in violation of the Stark Amendment to the Medicare Act, 42 U.S.C. § 1395nn, and the AKA, 42 U.S.C. § 1320a-7b—could be required to repay to government the entire amount the hospital received on those claims, regardless of whether patients for whom claims were submitted received some, or even all, of the medical care reflected in the claim forms
  5. U.S. v. Rogan

    459 F. Supp. 2d 692 (N.D. Ill. 2006)   Cited 93 times   1 Legal Analyses
    Holding that Medicaid claims for services rendered in violation of the Stark Act were false claims
  6. Fresenius Med. Care Holdings, Inc. v. Tucker

    704 F.3d 935 (11th Cir. 2013)   Cited 38 times
    Finding no physical impossibility of compliance with a federal regulation allowing certain exemptions from a physician self-referral ban and a Florida law disallowing those exemptions because the physicians employed by the appellants could "comply with [Florida law] without neglecting any obligations under federal law"
  7. United States ex rel. Osheroff v. Tenet HealthCare Corp.

    CASE NO. 09-22253-CIV-HUCK/BANDSTRA (S.D. Fla. Jul. 12, 2012)   Cited 17 times
    In Osheroff, the plaintiff alleged that a healthcare company was providing doctors with below market-rate office space and other financial benefits in exchange for referrals that the healthcare company then billed to federal healthcare programs.
  8. Dubov v. Read (In re Read)

    692 F.3d 1185 (11th Cir. 2012)   Cited 14 times
    Holding a bankruptcy filing does not extend the period for a debtor to contest a valuation of real property for the purpose of Florida real estate taxes
  9. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,510 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  10. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,766 times   630 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented
  11. Section 1396b - Payment to States

    42 U.S.C. § 1396b   Cited 617 times   5 Legal Analyses
    Setting forth, inter alia, requirements of state Medicaid fraud units
  12. Section 1395nn - Limitation on certain physician referrals

    42 U.S.C. § 1395nn   Cited 419 times   134 Legal Analyses
    Approving of compensation rates that " do not exceed fair market value"
  13. Section 435.1002 - FFP for services

    42 C.F.R. § 435.1002   Cited 2 times

    (a) Except for the limitations and conditions specified in §§ 435.1007 , 35.1008 , 435.1009 , and 438.814 of this chapter, FFP is available in expenditures for Medicaid services for all beneficiaries whose coverage is required or allowed under this part. (b) FFP is available in expenditures for services provided to beneficiaries who were eligible for Medicaid in the month in which the medical care or services were provided except that, for beneficiaries who establish eligibility for Medicaid by deducting