The Ethical Health Lawyer

See Wolf S. M. , “Shifting Paradigms in Bioethics and Health Law: The Rise of a New Pragmatism,” American Journal of Law & Medicine 20 (1994): 395–415, at 395–396, and note 2.

See, e.g., American Bar Association Center for Professional Responsibility , Model Rides of Professional Conduct (2003).

See Johnson S. H. , “Five Easy Pieces: Motifs of Health Law,” Health Matrix 14 (2004): 131–140, at 133–135.

See 45 C.F.R. § 46.107(a).

See Wilson R. F. , “Hospital Ethics Committees As The Forum of Last Resort: An Idea Whose Time Has Not Come,” North Carolina Law Review 76 (1998): 353–406, at 355 and note 5.

See, e.g., Texas Health & Safety Code § 166.039.

See 31 U.S.C. § 3729 et seq. (Civil False Claims Act); 42 U.S.C. § 1320a-7b(b) (Anti-Kickback Statute) & 1395nn (Stark Law).

See Blumstein J. F. , “What Precisely is ‘Fraud’ in the Health Care Industry?” Wall Street Journal, Dec. 8, 1997, at A25.

A complete list of Compliance Program Guidance documents can be found at <http://www.oig.hhs.gov/fraud/complianceguidance.html#1> (last visited Sept. 22, 2004).

OIG Draft Supplemental Compliance Program Guidance for Hospitals, Federal Register 69: 32,012, 32,030 (June 8, 2004) (emphasis added).

See 42 U.S.C. § 1320a-7b(b).

See 31 U.S.C. § 3729(a) (statutory penalties); 28 C.F.R. § 85.3(a)(9) (increasing penalties for inflation); 42 U.S.C. § 1128(b) (permitting permissive exclusion of health care providers).

See Krause J. H. , “Health Care Providers and the Public Fisc: Paradigms of Government Harm Under the Civil False Claims Act,” Georgia Law Review 36 (2001): 121–217, at 202–06 (2001) (discussing problems created by mass settlement of FCA allegations); Reinhardt U. E. , “Medicare Can Turn Anyone Into a Crook,” Wall Street Journal, Jan. 21, 2000, at A18 (“Rather than engaging in a long, protracted fight to set the record straight, throughout which share prices suffer and business slumps, a health company's best bet may simply be to hand over the fines and get on with business”)

See Krause , supra note 13, at 205–06.

31 U.S.C. § 3730(d) (discussing awards to qui tam plaintiffs).

31 U.S.C. § 3730(h) (protecting employees who are “discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against” due to their protected FCA-related activities).

See, e.g., X Corp. v. Doe, 805 F. Supp. 1298 (E.D. Va. 1992) (granting preliminary injunction to employer to prevent former counsel from disclosing allegedly confidential company information, taken in support of potential qui tam suit against company).