Author Archives: Site Administrator
Could You Spot Medicare Fraud If You Saw It?
According to the Centers for Medicare and Medicaid Services, as of February 2016, there were over 56,000,000 beneficiaries enrolled in the original Medicare and Medicare Advantage plans. Given the number of patients, just imagine how many Medicare claims are submitted every day. It’s no wonder the Medicare system is a target for fraud. With… Read More »
When Is an LLC Manager Personally Liable for an Improper Distribution?
Under the Florida Revised Limited Liability Company Act (“Revised Act”), a manager or member’s (“manager”) consent to an improper distribution may have serious consequences. Indeed, a manager can be personally liable for consenting to an improper distribution when two elements exist. First, the LLC must be insolvent. Second, the manager must have breached his or her… Read More »
Supreme Court Considers “Implied Certifications” Under the False Claims Act
On Tuesday, April 19, the Supreme Court heard oral argument in Universal Health Services v. United States and Massachusetts ex rel. Julio Escobar and Carmen Correa, a case testing the “implied certification” theory used in many False Claims Act cases. “Implied certification” is a tricky concept developed by the federal courts under the False… Read More »
Rabin Kammerer Johnson Announces $1.1 Million Qui Tam Settlement
Rabin Kammerer Johnson announces the settlement of a qui tam case against Florida Pain Medicine Associates, Inc. and its owners Dr. Bart Gatz, Dr. Alexis Renta and Dr. Albert Rodriguez. Florida Pain Medicine Associates, Inc. is a pain clinic located in Palm Beach County, Florida. Our law firm, along with co-counsel Bruce Reinhart of… Read More »
Are “Conspiracy Theories” Viable in Civil Cases?
We’re all familiar with the phrase “conspiracy theory” from the movies and John Grisham novels. We also know that such theories are commonly used in federal and state criminal courts to allege a host of jointly committed crimes. But do conspiracy theories apply in civil cases? Yes, in fact, a specific cause of action for civil… Read More »
What Records is a Member Entitled to Obtain from an LLC Under the Florida Revised LLC Act?
On January 1, 2015, the Florida Revised Limited Liability Company Act (“Revised Act”) became effective in Florida. Under section 605.0410 of the Revised Act, an LLC is required to keep, and a member is permitted to inspect and copy, the following records: A current list of the full names and known business, residence and… Read More »
Does the False Claims Act Apply to State and Local Governments?
State and local governments receive millions in federal dollars each year. I was asked recently whether a state or local government committing fraud through a false claim or certification could be held liable under the False Claims Act. In other words, can you sue a state or local government under the False Claims Act?… Read More »
Procurement Fraud: When the Government Doesn’t Get What it Bargained For
The federal government buys or “procures” billions of dollars’ worth of products and services each year – everything from oranges to office supplies, trucks to telephones, bridges to building equipment, automotive repair to aircraft carriers, and computer support to cleaning supplies. As one of the largest buyers of goods and services in the world,… Read More »
Unanimous Member Consent Required to Amend an Operating Agreement
Since January 1, 2015, the Florida Revised LLC Act (“Revised Act”), Chapter 605, Florida Statutes, governs all limited liability companies organized under the laws of Florida. § 605.1108(2), Fla. Stat. In a “manager-managed” LLC, “a matter relating to the activities and affairs of the company is decided exclusively by . . . the managers,… Read More »
What is the Stark Law, and Why Does it Matter?
The Stark Law is a provision of the Social Security Act that prohibits physicians from making certain kinds of referrals for health services. Specifically, it bars a physician from referring a patient to another Medicare or Medicaid provider for “designated health services,” if the physician or a family member has a financial relationship with… Read More »