GAC Developments
The SCOTUS case that ruled on Tennessee's law prohibiting certain medical treatments for transgender minors.
What is United States v. Skrmetti?
To be liable under the FCA, one must "knowingly" submit a false claim, which includes actual and this.
What is reckless disregard?
The amount in controversy must exceed this number for diversity jurisdiction.
What is $75,000?
This allows a judge to exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusion, or waste of time.
What is Rule 403?
When Immediate Jeopardy is suspected, a facility must submit this type of plan to address the noncompliance immediately.
What is a Corrective Action Plan?
The number of states that currently outlaw gender-affirming care for minors.
What is 27?
The currently per-claim penalty range for violations of the FCA.
What is $14k to $28k.
This allows a case to be moved from state to federal court if it could have been filed there originally.
What is Removal?
This rule excludes evidence of measures taken after an injury that would have made an earlier injury less likely to occur.
What is Subsequent Remedial Measures/Rule 407?
A binding, 5-year contract between a healthcare entity and the OIG as part of a civil settlement.
What is a Corporate Integrity Agreement (CIA)?
Name two hospitals that recently challenged subpoenas from DOJ issued under the FDCA seeking transgender patient medical records.
What are CHOP, Boston Children's, UPMC?
If the government decides not to intervene in a case, a relator can pursue it independently and may receive up to this percentage of the recovery.
What is 30%?
Pleadings can be amended once, without leave of court, within this many days.
This rule requires that a witness have personal knowledge of a matter in order to testify about it.
What is Rule 602?
The 10-digit number assigned to health care providers by CMS for administrative transactions.
Name one of the major medical associations that have developed criteria for gender affirming care assessment and treatment.
What are WPATH, Endocrine Society, AMA, AAP?
The landmark case setting the standard for materiality.
What is Escobar?
This allows a party to assume that missing evidence was unfavorable to the destroying party.
What is an Adverse Inference Instruction?
This rule governs testimony by expert witnesses.
What is Rule 702?
If a Medicare provider is excluded by the OIG, this is the amount of time it generally takes for the OIG to rule on a reinstatement application.
What is six months?
Name two drugs that are considered prohibited under gender-affirming care bans on hormone therapy.
What are Lupron, Supprelin (Histrelin), Testosterone, Estradiol?
The 2023 case in which several members of SCOTUS recognized that there are substantial arguments that the FCA's qui tam device is "inconsistent with Article II."
What is Polansky?
This type of jurisdiction exists when a defendant is domiciled, present, or consents to being sued in the state.
What is General Jurisdiction?
Under Rule 804(b)(3) this type of statement is only admissible if corroborating circumstances clearly indicate its trustworthiness.
What is a statement against interest?
The amount of time within which an entity must repay claims following the identification of an overpayment under the Overpayment Rule.
What is 60 days?