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The Health Care Bill: A Qui-Tam Bonanza Avoided?
From: WSJ.com: Law Blog
In an article out today on Forbes.com, Overlawyered's Walter Olson takes his pen to a provision quietly tucked into (and then stripped from) the health-care bill last week that, if passed, in his opinion, would create a new class of qui tam (or whistleblower) lawsuits for plaintiffs to dig their teeth into.
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High court restricts whistleblower lawsuits
The Supreme Court on Tuesday placed limits on existing whistleblower lawsuits alleging local governments misused federal money, in a decision that produced newcomer Sonia Sotomayor's first dissenting opinion.But the just-enacted health care overhaul law contains a provision that changed the federal False Claims Act in a way that would appear to allow new, similar lawsuits to go forward.The court voted 7-2 to hold that a technical, though important aspect, of the federal whistleblower law applies to local governments. One section of the law prohibits whistleblower lawsuits when public disclosure of the alleged fraud occurs through a court hearing, a news report or congressional or administrative audit.In an opinion by Justice John Paul Stevens, the court ruled that the language on administr...
More | Breaking Legal News
Democrats Look to Merge Health Bills
Now that the Senate Finance Committee passed a health care bill, the next pivotal step involves merging that legislation with another measure that came out of the Senate Health, Education, Labor and Pensions Committee. Can Democrats reconcile the numerous differences between the centrist finance bill and its liberal counterpart?
More | AOL News
Sunlight Foundation: Electronic Filing Provision included in DISCLOSE Act: A Win for Transparency
The Committee on House Administration marked up the DISCLOSE Act today, overcoming the first of many hurdles the bill will face before it becomes law. The bill, which passed out of Committee on a party line vote, included an important Sunlight amendment that will vastly improve the transparency provisions in the bill by ensuring that [...] Read more...
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On the Constitutionality of a New Health-Care System
Granted, the details of this years health-care reform bill have yet to take solid form. But when the ink dries, one thing seems fairly certain: that the government will play some sort of role in determining the course of medical treatments for many Americans. That alone -- the government calling shots on when, whether and how to treat patients -- could well have constitutional ramifications, write David Rifkin and Lee Casey, a couple of lawyers in the Bush I administration now both at Baker amp038 Hostetler, in an opinion piece in Mondays WSJ.
More | WSJ.com: Law Blog
Democrats Laud New Health Bill Report
Democrats are breathing a little easier after a new CBO report said the Senate Finance Committee's health care bill would end up trimming the federal deficit while expanding coverage. But the legislation, panned by Republicans who say it's loaded with new taxes and fees, would still leave about 25 million people uninsured.
More | AOL News
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