Partner Lawrence Kraus was quoted in a Medscape article, “Physicians Misjudge a Terminal Patient’s Life Span: Is It Fraud?” about whether a physician’s honestly held clinical judgment regarding hospice certification can be false under the False Claim Act based solely on a reasonable difference of opinion among physicians.
Kraus, who defends health care providers in FCA cases, said the issue is also important in FCA cases against other types of health care providers, including hospitals, because physicians make all kinds of clinical decisions that trigger payments by Medicare, Medicaid, and other government health insurance programs.
“This will spill over to many other types of physician clinical decisions,” he said. “Clinical judgment comes up in almost every instance because the Medicare statute requires that the service provided be reasonable and necessary.”
29 November 2023 In the News
Daljit Doogal Discusses Foley’s Strategic Growth and Big Law Expansion Trends in Emerging Legal Markets
Foley & Lardner LLP Chairman and CEO Daljit Doogal is quoted in The American Lawyer article, “Big Fish, Small Ponds: How Big Law Is Slowly Infiltrating Emerging Markets,” offering insight on Foley’s continued national growth and Big Law expansion trends.
28 November 2023 In the News
Kyle Faget Discusses Coverage and Reimbursement for Telehealth Services
Foley & Lardner LLP partner Kyle Faget is interviewed by Healthcare IT Today in the article, “What’s a Problem, Technology, Opportunity, or Issue That Not Enough People are Talking About?”
22 November 2023 In the News
Naikang Tsao Assesses Copyright Act’s Fair Use Defense After Warhol Foundation v. Goldsmith
Foley & Lardner LLP partner Naikang Tsao authored the Westlaw Today article, “Still too subjective: the Copyright Act’s fair use defense after Andy Warhol Foundation v. Goldsmith.”