The Ethical Health Lawyer: Ethical Lawyering in the Gray Areas: Health Care Fraud and Abuse

Few areas of health law practice present as many quandaries for the ethical health lawyer as health care fraud and abuse. The activities addressed by the anti-fraud laws – such as payment for referrals and submission of false claims – not only have a direct impact on the financial viability of the f...

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Bibliographic Details
Published in:The Journal of law, medicine & ethics medicine & ethics, 2006-04, Vol.34 (1), p.121-125
Main Author: Krause, Joan H.
Format: Article
Language:English
Subjects:
Attorneys
Competition
Ethics
Fraud
Health care services
Hospitals
Kickbacks
Law
Provisions
Risk aversion
Violations
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Summary:Few areas of health law practice present as many quandaries for the ethical health lawyer as health care fraud and abuse. The activities addressed by the anti-fraud laws – such as payment for referrals and submission of false claims – not only have a direct impact on the financial viability of the federal health care programs, but go to the heart of the ethical behaviors expected of those who transact business with the government. The severe consequences of violating these proscriptions include significant monetary penalties, ineligibility to participate in the federal health care programs, and even imprisonment. It is no wonder, then, that compliance with the fraud and abuse laws is a key consideration in any health care venture. At the same time, ethical considerations make this area of health law particularly vexing for counsel, raising numerous challenges that include how to balance the strategic goals of current clients against the interests of future clients and whether to advise clients to self-report potential violations even when illegal intent may not easily be shown.
ISSN:1073-1105
1748-720X
DOI:10.1111/j.1748-720X.2006.00016.x