Elements Pertaining To The Establishment Of A False Claim Under The False Claims Act

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The five elements pertaining to the establishment of a false claim under the False Claims Act are the government must establish that the claim submitted is false and that it was submitted knowingly, the government must establish that the person submitted the claim with actual knowledge, in deliberate ignorance, or with reckless disregard for the claim’s truth or falsity, the claim was against a department or agency of the United States and if the claim was material. Privacy Standards were designed to accomplish the following three broad objectives: Define and limit the circumstances in which entities use and disclose PHI, establish certain individual rights regarding PHI and require covered entities to adopt administrative safeguards to …show more content…
HIPAA requires safeguards to protect the privacy of personal health information and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. HIPAA also gives patients rights over their health information, including rights to examine and obtain a copy of their health records and to request corrections. The Emergency Medical Treatment and Active Labor Act (EMTALA) requires all Medicare and Medicaid participating hospitals with an emergency department to provide appropriate medical screening to each patient requesting emergency care to determine whether the patient requires such care. According to our text, EMTALA is referred to as the “antidumping law” because it prohibits hospitals from transferring an emergency patient to another hospital simply because of the patient’s inability to pay. The statuete requires the hospital to medically stabilize the patient regardless of their ability to pay and they are prohibited from posting payment information in the patient's emergency room. EMTALA also permits hospital staff to engage the patient in discussion regarding his or her financial or insurance information before conducting the medical screening examination and stabilization of the emergency condition. Compliance
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