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Fraud and False Claims

Polk Cty. V. Peters, 800 F. Supp. 1451 (E.D.Tx. 1992)

What precipitated this case?

Why is this important?

Why did Peters say he did not have to pay back the money?

What did the hospital provide in the Physician Recruitment Agreement?

How much did he get?

What did Defendant not get that he said was critical?

Why was he assured they would not sue for the money?

What statutory provisions are potentially violated?

What about labs performed at the hospital?

What are the safe harbors for recruiting physicians?

What was the holding in Kats?

What happened in Bay State?

Rejected reasonable compensation defense.

Suspect Hospital Incentive Arrangements - What to Look For:

Why do these matter?

What other possible reason does a hospital have for doing these?

Can a for-profit even argue community benefit?

Why did they terminate his staff privileges?

What is the effect of illegality?

 

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