PREPARE FOR MORE LAWSUITS UNDER OBAMACARE: BRUCE KESLER
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Wednesday, June 23. 2010
Prepare For More Lawsuits Under ObamaCare
Last April I wrote about the coming explosion of Qui Tam lawsuits against medical providers, due to relaxed standards for bringing such suits making it a happy hunting ground for litigators fishing for financial payoffs.
As if the US didn’t already have enough lawsuits, and as if excess litigation isn’t one of the prime drivers of medical costs, and as if the Democrats didn’t garner 90% of tort lawyers’ contributions, ObamaCare will create a new boom in lawsuits.
At this week’s Healthcare Financial Management Association the healthcare law expert warned of a coming “storm†of lawsuits and quipped, “You’ll need to look around your organization and see who looks best in orange [prison clothing color] and pick that person.â€
Judge predicted an explosion of new whistle-blower lawsuits because the new law relaxes the requirements for filing such lawsuits under the federal False Claims Act. For example, the new law effectively eliminates the requirement that a plaintiff have direct knowledge of the alleged fraud in order to file suit.
The new law also converts accidental Medicare overpayments to providers into potential false claims, Judge said. She said the law considers an overpayment as fraud if the overpayment isn’t identified by the provider and returned to the government within 60 days. Judge said that will require providers to beef up their internal billing systems to detect an overpayment as soon as possible and then send Medicare back its money.
Wonder why litigation reform was excluded from ObamaCare and why tort attorneys eager to make money regardless of increased medical inflation and excess CYA tests are one of Democrats’ largest donor groups?
Posted by Bruce Kesler at 23:06
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